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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1258 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1258

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 22, 2011

    Mr. Menendez (for himself, Mr. Reid, Mr. Leahy, Mr. Durbin, Mr. 
 Schumer, Mr. Kerry, Mrs. Murray, and Mrs. Gillibrand) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL

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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Comprehensive Immigration Reform Act 
of 2011''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References to Immigration and Nationality Act.
Sec. 4. Definitions.
                          TITLE I--IMMIGRATION

 Subtitle A--Registration of Undocumented Individuals, the Dream Act, 
                        Family Unity, and AgJobs

              PART I--Lawful Prospective Immigrant Status

Sec. 111. Lawful prospective immigrant status.
Sec. 112. Adjustment of status for lawful prospective immigrants.
Sec. 113. Administrative review, removal proceedings, and judicial 
                            review for aliens who have applied for 
                            lawful prospective immigrant status.
Sec. 114. Confidentiality of information.
Sec. 115. Aliens not subject to direct numerical limitations.
Sec. 116. Employer protections.
Sec. 117. Assignment of Social Security number.
                        PART II--Implementation

Sec. 121. Rulemaking.
Sec. 122. Exemption from government contracting and hiring rules.
Sec. 123. Authority to acquire leaseholds.
Sec. 124. Privacy and civil liberties.
Sec. 125. Statutory construction.
                        PART III--Miscellaneous

Sec. 131. Correction of Social Security records.
Sec. 132. Fraud prevention program.
Sec. 133. Data collection requirements.
                           PART IV--Dream Act

Sec. 141. Short title.
Sec. 142. Definitions.
Sec. 143. Conditional permanent resident status for certain long-term 
                            residents who entered the United States as 
                            children.
Sec. 144. Terms of conditional permanent resident status.
Sec. 145. Removal of conditional basis of permanent resident status.
Sec. 146. Regulations.
Sec. 147. Penalties for false statements.
Sec. 148. Confidentiality of information.
Sec. 149. Higher education assistance.
     PART V--Agricultural Job Opportunities, Benefits, and Security

Sec. 150. Short titles.
                      Chapter 1--Blue Card Status

Sec. 151. Requirements for blue card status.
Sec. 152. Application for blue card status.
Sec. 153. Adjustment to permanent residence.
Sec. 154. Other provisions.
Sec. 155. Correction of Social Security records.
Sec. 156. Determination and use of user fees.
Sec. 157. Rulemaking.
Sec. 158. Reports to Congress.
                Chapter 2--Reform of H-2A Worker Program

Sec. 159. Amendments to the Immigration and Nationality Act.
                     PART VI--Family Unity Reforms

Sec. 161. Promoting family unity.
Sec. 162. Effective legalization program funding.
                    Subtitle B--Worksite Enforcement

Sec. 171. Unlawful employment of aliens.
Sec. 172. Compliance by Department of Homeland Security contractors 
                            with confidentiality safeguards.
Sec. 173. Increasing security and integrity of Social Security cards.
Sec. 174. Increasing security and integrity of immigration documents.
Sec. 175. Responsibilities of the Social Security Administration.
Sec. 176. Antidiscrimination protections.
Sec. 177. Immigration enforcement support by the Internal Revenue 
                            Service and the Social Security 
                            Administration.
Sec. 178. Enhanced Verification System.
Sec. 179. Authorization of appropriations.
              TITLE II--IMMIGRATION ENFORCEMENT AND REFORM

                     Subtitle A--Border Enforcement

                PART I--Additional Assets and Resources

Sec. 201. Effective date triggers.
Sec. 202. Customs and border protection personnel.
Sec. 203. Secure communication; equipment; and grants for border 
                            personnel.
Sec. 204. Infrastructure improvements and expansion of land ports of 
                            entry.
Sec. 205. Additional authorities for port of entry construction.
Sec. 206. Additional increases in immigration enforcement personnel.
Sec. 207. Additional immigration court personnel.
Sec. 208. Improved training for border security and immigration 
                            enforcement officers.
Sec. 209. Inventory of assets and personnel.
Sec. 210. U.S. Customs and Border Protection assets.
Sec. 211. Technological assets and programs.
    PART II--Enhanced Coordination and Planning for Border Security

Sec. 216. Annual report on improving North American security 
                            information exchange.
Sec. 217. Cooperation with the Government of Mexico.
Sec. 218. Expansion of commerce security programs.
Sec. 219. Northern Border and Southern Border Drug Prosecution 
                            Initiative.
Sec. 220. Border Relief Grant Program.
Sec. 221. Report on deaths and strategy study.
Sec. 222. Immigration and United States-Mexico Border Enforcement 
                            Commission.
Sec. 223. Preemption.
Sec. 224. Inherent authority.
Sec. 225. Border protection strategy.
Sec. 226. Border communities liaison office.
Sec. 227. Authorization of appropriations.
                    Subtitle B--Interior Enforcement

      PART I--Preventing Unauthorized Entries and Ensuring Removal

Sec. 235. US-VISIT System.
Sec. 236. Illegal entry and reentry.
Sec. 237. Deterring aliens ordered removed from remaining in the United 
                            States unlawfully.
Sec. 238. Biometric screening.
Sec. 239. Encouraging aliens to depart voluntarily.
Sec. 240. Cancellation of visas.
Sec. 241. Penalties relating to vessels and aircraft.
Sec. 242. Sanctions for countries that delay or prevent repatriation of 
                            their citizens and nationals.
Sec. 243. State Criminal Alien Assistance Program.
Sec. 244. Procedures regarding aliens apprehended by State and local 
                            law enforcement officers.
Sec. 245. Reform of passport, visa, and immigration fraud offenses.
Sec. 246. Directives related to passport and document fraud.
Sec. 247. Expanding the definition of conveyances subject to 
                            forfeiture.
Sec. 248. Criminal forfeiture.
Sec. 249. Advance delivery of information including passenger 
                            manifests.
Sec. 250. Unlawful flight from immigration or customs controls and 
                            disobeyance of lawful orders.
Sec. 251. Reducing illegal immigration and alien smuggling on tribal 
                            lands.
Sec. 252. Diplomatic security service.
Sec. 253. Increased penalties barring the admission of convicted sex 
                            offenders failing to register and requiring 
                            deportation of sex offenders failing to 
                            register.
Sec. 254. Aggravated felony.
Sec. 255. Increased criminal penalties related to gang violence.
                       PART II--Detention Reform

Sec. 261. Definitions.
Sec. 262. Protections for vulnerable populations.
Sec. 263. Apprehension procedures for immigration enforcement-related 
                            activities relating to children.
Sec. 264. Detention of families.
Sec. 265. Access to children, local and State courts, child welfare 
                            agencies, and consular officials.
Sec. 266. Memoranda of understanding.
Sec. 267. Mandatory training.
Sec. 268. Alternatives to detention.
Sec. 269. Detention conditions.
Sec. 270. Access to counsel.
Sec. 271. Group legal orientation presentations.
Sec. 272. Protections for refugees.
Sec. 273. Immigration and Customs Enforcement Ombudsman.
Sec. 274. Elimination of time limits on asylum applications.
Sec. 275. Efficient asylum determination process and detention of 
                            asylum seekers.
Sec. 276. Protection of stateless persons in the United States.
Sec. 277. Authority to designate certain groups of refugees for 
                            consideration.
Sec. 278. Admission of refugees in the absence of the annual 
                            presidential determination.
        Subtitle C--Reforming America's Legal Immigration System

PART I--Standing Commission on Foreign Workers, Labor Markets, and the 
                           National Interest

Sec. 300. Standing Commission on Foreign Workers, Labor Markets, and 
                            the National Interest.
              PART II--Family and Employment Visa Reforms

         Chapter 1--Family and Employment-based Immigrant Visas

Sec. 301. Recapture of immigrant visas lost to bureaucratic delay.
Sec. 302. Reclassification of spouses and minor children of lawful 
                            permanent residents as immediate relatives.
Sec. 303. Retention of priority date.
Sec. 304. Discretionary authority with respect to removal or 
                            deportation of citizen and resident 
                            immediate family members.
Sec. 305. Military families.
Sec. 306. Equal treatment for all stepchildren.
Sec. 307. Widows, widowers, and orphans.
Sec. 308. Fiance child status protection.
Sec. 309. Special humanitarian visas.
Sec. 310. Exemption from immigrant visa limit for certain veterans from 
                            the Philippines.
Sec. 311. Affidavit of support.
Sec. 312. Retaining workers subject to green card backlog.
                Chapter 2--Uniting American Families Act

Sec. 315. Short title.
Sec. 316. Definitions of permanent partner and permanent partnership.
Sec. 317. Immigrant visas.
Sec. 318. Refugees and asylees.
Sec. 319. Inadmissible aliens.
Sec. 320. Nonimmigrant status for permanent partners awaiting the 
                            availability of an immigrant visa.
Sec. 321. Conditional permanent resident status.
Sec. 322. Deportation and removal.
Sec. 323. Adjustment of status; criminal penalties; other requirements.
Sec. 324. Naturalization for permanent partners of citizens.
Sec. 325. Application of family unity provisions to other laws.
    Chapter 3--Reforms to Specific Employment-based Visa Categories

               subchapter a--eb-5 program reauthorization

Sec. 326. EB-5 Permanent reauthorization of EB-5 Regional Center 
                            Program.
        subchapter b--adjustments to other select visa programs

Sec. 331. Elimination of sunset provisions.
Sec. 332. Permanent authorization of the nonimmigrant nurses in health 
                            professional shortage areas program.
Sec. 333. Incentives for physicians to practice in medically 
                            underserved communities.
Sec. 334. Retaining physicians in medically underserved communities.
Sec. 335. Temporary visas for individuals from Ireland.
            Chapter 4--Miscellaneous Employment Visa Reforms

Sec. 336. Providing premium processing of employment-based visa 
                            petitions.
Sec. 337. Visa revalidation.
Sec. 338. Application fees for intending immigrants.
Sec. 339. Employment of spouses.
Sec. 340. Time limits for nonimmigrants to depart the United States.
                          Chapter 5--POWER Act

Sec. 341. Short titles.
Sec. 342. Victims of serious labor and employment violations or crime.
Sec. 343. Labor enforcement actions.
Sec. 344. Authorization of appropriations.
          Subtitle D--Immigrant Integration and Other Reforms

  PART I--Strengthen and Unite Communities With Civics Education and 
                             English Skills

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

Sec. 351. Increased investment in English literacy, United States 
                            history, and civics education under the 
                            Adult Education And Family Literacy Act.
Sec. 352. Definitions of English language learner.
Sec. 353. Credits for teachers of english language learners.
Sec. 354. Research in adult education.
Chapter 2--Supporting English Language Acquisition and Adult Education 
                            in the Workforce

Sec. 356. Credit for employer-provided adult English literacy and basic 
                            education programs.
Sec. 357. Presidential award for business leadership in promoting 
                            United States citizenship.
                Chapter 3--Building Stronger Communities

Sec. 361. Office of Citizenship and New Americans.
Sec. 362. Grants to States.
Sec. 363. Authorized activities.
Sec. 364. Reporting and evaluation.
Sec. 365. New Citizens Award Program.
Sec. 366. Rule of construction.
Sec. 367. Report to Congress on fee increases.
Sec. 368. Authorization of appropriations.
           PART II--Emergency Relief for Certain Populations

Sec. 371. Adjustment of status for certain Haitian orphans.
Sec. 372. Adjustment of status for certain Liberian nationals.
            PART III--State Court Interpreter Grant Program

Sec. 381. Findings.
Sec. 382. State Court Interpreter Program.
Sec. 383. Authorization of appropriations.
                         PART IV--Other Matters

Sec. 391. Adjustment of status for certain victims of terrorism.
Sec. 392. Development of assessment and strategy addressing factors 
                            driving migration.
Sec. 393. Prioritization of migration source countries by the United 
                            States Agency for International 
                            Development.
Sec. 394. Sense of Congress on increased United States foreign policy 
                            coherency in the Western Hemisphere.

SEC. 3. REFERENCES TO IMMIGRATION AND NATIONALITY ACT.

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

SEC. 4. DEFINITIONS.

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

            TITLE I--IMMIGRATION REGISTRATION AND EMPLOYMENT

 Subtitle A--Registration of Undocumented Individuals, the Dream Act, 
                        Family Unity, and AgJobs

              PART I--LAWFUL PROSPECTIVE IMMIGRANT STATUS

SEC. 111. LAWFUL PROSPECTIVE IMMIGRANT STATUS.

    (a) In General.--
            (1) Authority to grant lawful prospective immigrant 
        status.--Notwithstanding any other provision of law, the 
        Secretary may grant lawful prospective immigrant status to an 
        alien who--
                    (A) submits an application for such status; and
                    (B) meets the requirements under this section.
            (2) Treatment of applicants.--An applicant for lawful 
        prospective immigrant status under this section shall be 
        treated as an applicant for admission to the United States.
    (b) Eligibility Requirements.--
            (1) In general.--
                    (A) Inadmissibility.--Except as provided in 
                paragraph (3), an alien may not be granted lawful 
                prospective immigrant status if the alien is 
                inadmissible under section 212(a) of the Immigration 
                and Nationality Act (8 U.S.C. 1182(a)).
                    (B) Physical presence.--An alien may not be granted 
                lawful prospective immigrant status under this section 
                unless the alien--
                            (i) is physically present in the United 
                        States on the date on which alien applies for 
                        such status;
                            (ii) was physically present in the United 
                        States before June 1, 2011; and
                            (iii) has maintained continuous physical 
                        presence in the United States between June 1, 
                        2011 and the date on which the alien is granted 
                        such status.
            (2) Grounds of ineligibility.--
                    (A) In general.--An alien is ineligible for lawful 
                prospective immigrant status under this section if the 
                Secretary determines that the alien--
                            (i) was convicted of any offense under 
                        Federal or State law punishable with a maximum 
                        term of imprisonment of more than 1 year;
                            (ii) is a person described in subparagraph 
                        (A)(iii), (E)(i), or (E)(ii) of section 
                        237(a)(2) of the Immigration and Nationality 
                        Act (8 U.S.C. 1227(a)(2));
                            (iii) ordered, incited, assisted, or 
                        otherwise participated in the persecution of 
                        any person on account of race, religion, 
                        nationality, membership in a particular social 
                        group, or political opinion;
                            (iv) is entering, has entered, or has 
                        attempted to enter, the United States illegally 
                        on or after June 1, 2011; or
                            (v) was, as of June 1, 2011--
                                    (I) an alien lawfully admitted for 
                                permanent residence;
                                    (II) an alien granted asylum under 
                                section 208 of the Immigration and 
                                Nationality Act or admitted as a 
                                refugee under section 207 of such Act;
                                    (III) an alien who, according to 
                                the records of the Secretary, and 
                                notwithstanding any unauthorized 
                                employment or other violation of 
                                nonimmigrant status--
                                            (aa) is in a period of 
                                        authorized stay in any 
                                        nonimmigrant status (other than 
                                        an alien considered to be in a 
                                        nonimmigrant status solely by 
                                        reason of section 244(f)(4) of 
                                        such Act); and
                                            (bb) has been in the United 
                                        States in a nonimmigrant status 
                                        for 5 consecutive years;
                                    (IV) an alien paroled into the 
                                United States under section 212(d)(5) 
                                of such Act for purposes of prosecution 
                                or of serving as a witness in 
                                proceedings being, or to be, conducted 
                                by judicial, administrative, or 
                                legislative bodies in the United 
                                States; or
                                    (V) an alien paroled into the 
                                Commonwealth of the Northern Mariana 
                                Islands.
                    (B) Construction.--For purposes of determining 
                ineligibility under this paragraph, section 101(a)(48) 
                of the Immigration and Nationality Act (8 U.S.C. 
                1101(a)(48)) shall apply to determinations of 
                conviction or sentencing for an offense.
            (3) Grounds of inadmissibility.--
                    (A) In general.--In determining an alien's 
                admissibility under paragraph (1)(B)--
                            (i) section 212(a)(5) of the Immigration 
                        and Nationality Act (8 U.S.C. 1182(a)(5)) shall 
                        not apply;
                            (ii) paragraphs (6)(A), (6)(B), (6)(C), 
                        (6)(D), (6)(F), (6)(G), (7), (9), and (10)(B) 
                        of section 212(a) of such Act shall not apply 
                        with regard to conduct or unlawful presence 
                        occurring before the date of application;
                            (iii) the Secretary may not waive--
                                    (I) subparagraphs (B), (C), 
                                (D)(ii), (E), (H), (I), or (J) of 
                                section 212(a)(2) of such Act (relating 
                                to criminals);
                                    (II) section 212(a)(3) of such Act 
                                (relating to security and related 
                                grounds);
                                    (III) subparagraphs (A), (C), or 
                                (D) of section 212(a)(10) of such Act 
                                (relating to polygamists and child 
                                abductors); or
                                    (IV) paragraph (6)(A)(i) of section 
                                212(a) of such Act (with respect to any 
                                entries occurring on or after June 1, 
                                2011); and
                            (iv) the Secretary may waive the 
                        application of any provision under section 
                        212(a) of such Act not listed under clause 
                        (iii) on behalf of an individual alien for 
                        humanitarian purposes, to ensure family unity, 
                        or if such waiver is otherwise in the public 
                        interest.
                    (B) Construction.--Nothing in this paragraph may be 
                construed to--
                            (i) require the Secretary to commence 
                        removal proceedings against an alien; or
                            (ii) affect the authority of the Secretary 
                        other than under this paragraph to waive the 
                        provisions of section 212(a) of the Immigration 
                        and Nationality Act (8 U.S.C. 1182(a)).
            (4) Continuous physical presence.--Any absence from the 
        United States without authorization pursuant to subsection 
        (d)(1) shall constitute a break in continuous physical 
        presence.
            (5) Applicability of other provisions.--Sections 208(d)(6) 
        and 240B(d) of the Immigration and Nationality Act (8 U.S.C. 
        1158(d)(6) and 1229c(d)) shall not apply to an alien with 
        respect to an application for lawful prospective immigrant 
        status under this section.
    (c) Application Procedures.--
            (1) Filing of application.--
                    (A) In general.--In accordance with the rulemaking 
                procedures described in section 121--
                            (i) the Secretary shall prescribe by 
                        interim final rule published in the Federal 
                        Register--
                                    (I) the procedures for an alien in 
                                the United States to apply for lawful 
                                prospective immigrant status;
                                    (II) the procedures for an alien 
                                granted lawful prospective immigrant 
                                status to petition for a spouse or 
                                child outside the United States to be 
                                classified as a lawful prospective 
                                immigrant; and
                                    (III) the evidence required to 
                                demonstrate eligibility for such 
                                status, or otherwise required as part 
                                of the application, including 
                                information about the alien's spouse or 
                                children; and
                            (ii) the Secretary of State shall prescribe 
                        by regulation published in the Federal 
                        Register--
                                    (I) the procedures for an alien 
                                overseas who is the beneficiary of an 
                                approved petition for lawful 
                                prospective immigrant status to apply 
                                at a consulate for a visa or other 
                                appropriate documentation authorizing 
                                travel to a United States port of 
                                entry; and
                                    (II) the evidence required to 
                                demonstrate eligibility for such 
                                documentation.
                    (B) Receipt of applications.--The Secretary shall 
                accept applications from aliens in the United States 
                for lawful prospective immigrant status during the 1-
                year period beginning on the first day of the tenth 
                month that begins after the date of the enactment of 
                this Act. If the Secretary determines, during such 1-
                year period, that additional time is required to 
                process applications for such status or for other good 
                cause, the Secretary may extend the period for 
                accepting applications by not more than 6 additional 
                months.
                    (C) Application by aliens apprehended before start 
                of application period.--If an alien who is apprehended 
                during the application period set forth in subparagraph 
                (B) can establish prima facie eligibility for lawful 
                prospective immigrant status under this section, the 
                Secretary shall provide the alien with a reasonable 
                opportunity to file an application under this section 
                after regulations implementing this section are 
                promulgated.
                    (D) Application by aliens in removal proceedings.--
                Notwithstanding any provision of the Immigration and 
                Nationality Act (8 U.S.C. 1101 et seq.)--
                            (i) if the Secretary determines that an 
                        alien, during the application period set forth 
                        in subparagraph (B), is in removal, 
                        deportation, or exclusion proceedings before 
                        the Executive Office for Immigration Review and 
                        is prima facie eligible for lawful prospective 
                        immigrant status under this section--
                                    (I) the Secretary shall notify the 
                                Executive Office for Immigration Review 
                                of such determination; and
                                    (II) upon the consent of the alien, 
                                the Executive Office for Immigration 
                                Review shall--
                                            (aa) terminate such 
                                        proceedings without prejudice 
                                        to future proceedings on any 
                                        basis; and
                                            (bb) provide the alien a 
                                        reasonable opportunity to apply 
                                        for such status; and
                            (ii) if the Executive Office for 
                        Immigration Review determines that an alien, 
                        during the application period set forth in 
                        subparagraph (B), is in removal, deportation, 
                        or exclusion proceedings before the Executive 
                        Office for Immigration Review and is prima 
                        facie eligible for lawful prospective immigrant 
                        status under this section--
                                    (I) the Executive Office of 
                                Immigration Review shall notify the 
                                Secretary of such determination; and
                                    (II) if the Secretary does not 
                                dispute the determination of prima 
                                facie eligibility within 14 days, the 
                                Executive Office for Immigration 
                                Review, upon consent of the alien, 
                                shall--
                                            (aa) terminate such 
                                        proceedings without prejudice 
                                        to future proceedings on any 
                                        basis; and
                                            (bb) permit the alien a 
                                        reasonable opportunity to apply 
                                        for such status.
                    (E) Application by aliens with certain orders.--
                            (i) In general.--An alien who is present in 
                        the United States and has been ordered 
                        excluded, deported, or removed, or ordered to 
                        depart voluntarily from the United States under 
                        any provision of the Act--
                                    (I) notwithstanding such order or 
                                section 241(a)(5) of the Immigration 
                                and Nationality Act (8 U.S.C. 
                                1231(a)(5)), may apply for lawful 
                                prospective immigrant status under this 
                                section if the alien meets all of the 
                                other conditions set forth in this 
                                section; and
                                    (II) shall not be required to file 
                                a separate motion to reopen, 
                                reconsider, or vacate the exclusion, 
                                deportation, removal, or voluntary 
                                departure order.
                            (ii) Effect of grant of status.--If the 
                        Secretary grants lawful prospective immigrant 
                        status to an alien under this section, the 
                        order against the alien described in clause (i) 
                        shall be rendered null and void by operation of 
                        law.
                            (iii) Effect of denial of status.--If the 
                        Secretary renders a final administrative 
                        decision to deny an alien's application for 
                        lawful prospective immigrant status under this 
                        section, the order described in clause (i) 
                        shall be effective and enforceable to the same 
                        extent as if the application had not been made.
            (2) Application form.--
                    (A) In general.--The Secretary shall create an 
                application form that an alien shall be required to 
                complete to be granted lawful prospective immigrant 
                status.
                    (B) Language and assistance.--The Secretary shall 
                make available forms and accompanying instructions in 
                the most common languages spoken by persons in the 
                United States, as determined by the Secretary. The 
                Secretary shall create a plan for providing reasonable 
                accommodation to individuals with disabilities in 
                accordance with applicable law.
                    (C) Application information.--The application form 
                created under this paragraph shall request such 
                information as the Secretary determines necessary and 
                appropriate. The application, and all information 
                submitted as part of the application process, shall be 
                submitted in English.
            (3) Security and law enforcement background checks.--
                    (A) Submission of biometric and biographic data.--
                The Secretary may not grant lawful prospective 
                immigrant status to an alien unless the alien submits 
                biometric and biographic data in accordance with 
                procedures established by the Secretary, or, with 
                respect to overseas applications for visas or other 
                documentation of status submitted pursuant to 
                regulations promulgated under section 601(c)(1)(A)(ii), 
                by the Secretary of State. The Secretary shall provide 
                an alternative procedure for applicants who cannot 
                provide the standard biometric data because of a 
                physical impairment.
                    (B) Background checks.--Before granting lawful 
                prospective immigrant status to any alien, the 
                Secretary shall complete, to the satisfaction of the 
                Secretary, security and law enforcement background 
                checks on the alien, utilizing biometric, biographic, 
                and other data that the Secretary determines to be 
                appropriate, to determine the existence of any 
                criminal, national security, or other factors that 
                would render the alien ineligible for status under this 
                section.
            (4) Fees and penalties.--
                    (A) Processing fees.--
                            (i) In general.--Aliens older than 14 years 
                        of age who are applying for lawful prospective 
                        immigrant status, applying for an extension of 
                        such status, or petitioning for classification 
                        of a spouse or child outside the United States 
                        as a lawful prospective immigrant, shall be 
                        required to pay a processing fee to the 
                        Department of Homeland Security. Spouses or 
                        children of lawful prospective immigrants 
                        applying at United States embassies or 
                        consulates for a visa or other documentation of 
                        status pursuant to regulations promulgated 
                        under paragraph (1)(A)(ii) shall, regardless of 
                        age, be required to pay a processing fee to the 
                        Department of State, which may not be waived.
                            (ii) Amount.--The amount of the fees under 
                        clause (i) shall be set by regulation at a 
                        level sufficient to recover the full cost of 
                        processing the application or petition.
                    (B) Penalties.--Aliens older than 21 years of age 
                who are filing an initial application for the first 
                extension of the initial period of lawful prospective 
                immigrant status shall be required to pay a penalty of 
                $500 in addition to the processing fee required under 
                subparagraph (A).
                    (C) Deposit and spending of fees.--The processing 
                fees required under subparagraph (A) shall be deposited 
                as an offsetting collection in the appropriate account 
                of the relevant agency identified in subparagraph 
                (A)(i) and shall remain available until expended.
                    (D) Deposit, allocation, and spending of 
                penalties.--The penalty described in subparagraph (B) 
                shall be deposited and remain available as provided 
                under section 166.
            (5) Interview.--The Secretary may interview an applicant 
        for lawful prospective immigrant status to determine 
        eligibility for such status.
            (6) Adjudication of application filed by alien.--
                    (A) In general.--The Secretary may issue 
                documentation of lawful prospective immigrant status, 
                or documentation extending such status, upon--
                            (i) receiving an application that 
                        establishes to the satisfaction of the 
                        Secretary that the applicant is eligible for 
                        such status through such documentary or other 
                        evidence of eligibility as the Secretary may 
                        require; and
                            (ii) completing all background and security 
                        checks to the satisfaction of the Secretary.
                    (B) Burden of proof.--An alien who is applying for 
                lawful prospective immigrant status under this section 
                shall prove, by a preponderance of the evidence, that 
                the alien has satisfied the requirements of this 
                section and is eligible to receive such status.
                    (C) Denial of application.--
                            (i) Failure to meet eligibility 
                        requirements.--If an applicant does not meet 
                        the eligibility requirements for lawful 
                        prospective immigrant status, or for the 
                        extension of such status, the Secretary shall 
                        deny any application for such status or 
                        extension filed by the applicant until the 
                        applicant meets such requirements.
                            (ii) Failure to submit evidence.--The 
                        Secretary shall deny the application of an 
                        alien who fails to submit requested initial 
                        evidence, including requested biometric data, 
                        or any requested additional evidence by the 
                        date required by the Secretary.
                            (iii) New applications.--An alien whose 
                        application for lawful prospective immigrant 
                        status is denied under clause (ii) is not 
                        precluded from filing a new application if the 
                        new application is filed within the period 
                        allowed under paragraph (1)(B) and contains all 
                        required fees and penalties.
            (7) Evidence of lawful prospective immigrant status.--
                    (A) In general.--The Secretary shall issue 
                documentary evidence of lawful prospective immigrant 
                status to each alien whose application for such status 
                has been approved--
                            (i) after final adjudication of such 
                        alien's application for such status; or
                            (ii) in the case of an alien outside the 
                        United States, after admission to the United 
                        States as a lawful prospective immigrant.
                    (B) Features of documentation.--Documentary 
                evidence provided under subparagraph (A)--
                            (i) shall be machine-readable and tamper-
                        resistant;
                            (ii) shall contain a digitized photograph 
                        and at least 1 other biometric identifier that 
                        can be authenticated;
                            (iii) shall, during the alien's authorized 
                        period of admission under paragraphs (3) and 
                        (4) of subsection (e), serve as a valid travel 
                        and entry document for the purpose of applying 
                        for admission to the United States;
                            (iv) may be accepted during the period of 
                        its validity by an employer as evidence of 
                        employment authorization and identity under 
                        section 274A(b)(1)(B) of the Immigration and 
                        Nationality Act (8 U.S.C. 1324a(b)(1)(B)); and
                            (v) shall include such other features and 
                        information prescribed by the Secretary.
    (d) Lawful Prospective Immigrant Dependents.--
            (1) In general.--The Secretary may classify an alien not 
        present in the United States as a lawful prospective immigrant 
        if--
                    (A) the alien is the spouse (as defined in section 
                101(a)(35) of the Immigration and Nationality Act) or 
                child (as defined in section 101(b)(1) of such Act) of 
                a lawful prospective immigrant;
                    (B) the spouse or child meets the eligibility 
                requirements under subsection (b) (other than the 
                physical presence requirements under section 
                (b)(1)(C)), except that section 212(a)(7) of the Act 
                shall apply; and
                    (C) the lawful prospective immigrant files a 
                petition in the United States for status as a lawful 
                prospective immigrant on behalf of the spouse or child.
            (2) Revocation or denial of status.--A petition for 
        classification as a lawful prospective immigrant filed on 
        behalf of a spouse or child described in paragraph (1) shall be 
        denied, an approved petition for classification as a lawful 
        prospective immigrant for such spouse or child shall be 
        revoked, and any lawful prospective immigrant status granted to 
        such spouse or child shall be revoked, if the alien who filed 
        the petition on behalf of the spouse or child was not eligible 
        for lawful prospective immigrant status at the time the alien 
        filed an application under section 111(a).
    (e) Terms and Conditions of Lawful Prospective Immigrant Status.--
            (1) Benefits pending adjudication of application.--
                    (A) In general.--Until a final decision on the 
                application for lawful prospective immigrant status, an 
                alien in the United States who files an application 
                under this section for lawful prospective immigrant 
                status--
                            (i) may in the Secretary's discretion 
                        receive advance parole to re-enter the United 
                        States, but only when urgent humanitarian 
                        circumstances compel such travel; and
                            (ii) may not be detained by the Secretary 
                        or removed from the United States, unless the 
                        Secretary determines, in the Secretary's sole 
                        discretion, that such alien is or has become--
                                    (I) ineligible for lawful 
                                prospective immigrant status under 
                                section (b)(2);
                                    (II) inadmissible under section 
                                (b)(1)(B), without regard to the 
                                possibility of a waiver under section 
                                (b)(3)(A)(iii); or
                                    (III) removable under subparagraph 
                                (A)(iii), (E)(i), or (E)(ii) of section 
                                237 of the Immigration and Nationality 
                                Act (8 U.S.C. 1227(a)(2)).
                    (B) Rule of construction.--Nothing in this section 
                may be construed to prevent the Secretary from 
                detaining an alien for up to 48 hours on the basis of 
                probable cause that the alien is a person described in 
                subparagraph (A)(ii). After the conclusion of the 48-
                hour period, detention is authorized in accordance with 
                the provisions of the Immigration and Nationality Act 
                governing the removal process.
                    (C) Evidence of application filing.--A document 
                shall be issued by the Secretary showing receipt of an 
                application for lawful prospective immigrant status.
                    (D) Continuing employment.--An employer who knows 
                that an alien employee is an applicant for lawful 
                prospective immigrant status is not in violation of 
                section 274A(a)(2) of the Immigration and Nationality 
                Act (8 U.S.C. 1324a(a)(2)) if the employer continues to 
                employ the alien pending adjudication of the 
                application.
                    (E) Applicability of other provisions.--Section 
                101(g) of such Act shall not apply to an alien granted 
                advance permission under subparagraph (A)(ii) to 
                reenter the United States.
            (2) Benefits of lawful prospective immigrant status.--
                    (A) Employment.--Notwithstanding any other 
                provision of law, including section 241(a)(7) of the 
                Immigration and Nationality Act (8 U.S.C. 1231(a)(7)), 
                lawful prospective immigrants shall be granted 
                employment authorization incident to their lawful 
                prospective immigrant status.
                    (B) Travel outside the united states.--
                            (i) In general.--A lawful prospective 
                        immigrant may travel outside of the United 
                        States and may be admitted (if otherwise 
                        admissible) upon return to the United States 
                        without having to obtain a visa if--
                                    (I) the alien is the bearer of 
                                valid, unexpired documentary evidence 
                                of lawful prospective immigrant status 
                                that satisfies the conditions set forth 
                                in subsection (c)(7);
                                    (II) the alien's absence from the 
                                United States was not for a period 
                                exceeding 6 months; and
                                    (III) the alien is not subject to 
                                the bars on extension described in 
                                paragraph (4)(C).
                            (ii) Admissibility.--On seeking readmission 
                        to the United States after travel outside the 
                        United States a lawful prospective immigrant 
                        shall establish that he or she is not 
                        inadmissible in accordance with section 235 of 
                        the Act, except as provided by subsection 
                        (b)(3).
                            (iii) Effect on period of authorized 
                        admission.--Time spent outside the United 
                        States under clause (i) shall not extend the 
                        most recent period of authorized admission in 
                        the United States under paragraph (3).
                    (C) Protection from detention or removal.--A lawful 
                prospective immigrant may not be detained by the 
                Secretary or removed from the United States, unless--
                            (i) the Secretary determines in her 
                        discretion that such alien is or has become--
                                    (I) ineligible for lawful 
                                prospective immigrant status under 
                                subsection (b)(2);
                                    (II) inadmissible under subsection 
                                (b)(1)(B); or
                                    (III) removable under subparagraph 
                                (A)(iii), (E)(i), or (E)(ii) of section 
                                237 of the Immigration and Nationality 
                                Act (8 U.S.C. 1227(a)(2)); or
                            (ii) the alien's lawful prospective 
                        immigrant status has expired or has been 
                        revoked under paragraph (6).
                    (D) Rule of construction.--Nothing in this 
                paragraph may be construed to prevent the Secretary 
                from detaining a lawful prospective immigrant for up to 
                48 hours on the basis of probable cause that the alien 
                is a person described in subparagraph (C)(i). After the 
                conclusion of such 48-hour period, detention is 
                authorized in accordance with the provisions of the 
                Immigration and Nationality Act governing the removal 
                process.
                    (E) Admission.--An alien granted status as a lawful 
                prospective immigrant shall be considered to have been 
                admitted in lawful prospective immigrant status as of 
                the date of approval of the alien's application or (in 
                the case of an alien outside the United States) on the 
                date such alien is admitted to the United States, 
                whichever is later. An alien in lawful prospective 
                immigrant status is lawfully admitted, but is not a 
                nonimmigrant or an alien who has been lawfully admitted 
                for permanent residence.
            (3) Initial period of authorized admission.--Except as 
        provided under paragraph (4), the initial period of authorized 
        admission for a lawful prospective immigrant may not exceed 4 
        years from the date on which such status is conferred. The 
        Secretary may in her discretion provide for shorter expiration 
        dates among subsets of lawful prospective immigrants, based 
        upon the date of filing or other appropriate factors, in order 
        to encourage early filing, vary expiration dates, or otherwise 
        improve the administration of the program.
            (4) Extension.--
                    (A) In general.--The Secretary may extend a lawful 
                prospective immigrant's period of lawful admission 
                beyond the initial period described in paragraph (3) 
                only where the lawful prospective immigrant has filed, 
                in the United States, a timely application for 
                extension. In no case, however, may the period of 
                authorized admission provided in any such extension 
                extend past the date that is 11 years after the date of 
                enactment of this Act.
                    (B) Eligibility.--In order to be eligible for an 
                extension of the period of authorized admission under 
                this paragraph, an alien shall demonstrate continuing 
                eligibility for status as a lawful prospective 
                immigrant and not be subject to any of the bars to 
                extension in subparagraph (C).
                    (C) Bars to extension.--A lawful prospective 
                immigrant shall not be eligible to extend such status 
                if--
                            (i) the alien has violated any term or 
                        condition of his or her lawful prospective 
                        immigrant status; or
                            (ii) the period of authorized admission of 
                        the lawful prospective immigrant has expired or 
                        been revoked for any reason.
                    (D) Filing of application for extension.--
                            (i) In general.--Except as provided in 
                        clause (ii), an extension of status under this 
                        subparagraph shall not be approved where status 
                        as a lawful prospective immigrant expired or 
                        was revoked before the date on which the 
                        application was filed.
                            (ii) Exception.--Failure to file before the 
                        period of previously authorized admission 
                        expired or was revoked may be excused in the 
                        discretion of the Secretary, with any extension 
                        granted from the date the previously authorized 
                        period of admission expired, where it is 
                        demonstrated at the time of filing that--
                                    (I) the delay was due to 
                                extraordinary circumstances beyond the 
                                control of the applicant, and the 
                                Secretary finds the delay commensurate 
                                with the circumstances; and
                                    (II) the alien has not otherwise 
                                violated the terms or conditions of his 
                                or her status as a lawful prospective 
                                immigrant.
                    (E) Security and law enforcement background 
                checks.--An alien applying for extension of status as a 
                lawful prospective immigrant shall be required to 
                submit to renewed security and law enforcement 
                background checks that shall be completed to the 
                satisfaction of the Secretary before such extension may 
                be granted.
                    (F) Denial of application for extension.--A denial 
                of an application for extension of status as a lawful 
                prospective immigrant shall be considered a revocation 
                of such status for purposes of this title.
            (5) Registration requirement.--Chapter 7 of title II of the 
        Immigration and Nationality Act (8 U.S.C. 1301 et seq.) shall 
        apply to lawful prospective immigrants, except that the 
        Secretary may, in the discretion of the Secretary, excuse a 
        delay of up to 90 days in complying with the requirement under 
        section 265 of such Act to file notice of change of address. An 
        alien whose failure to timely file such notice of an address 
        change has been excused by the Secretary shall not be subject 
        to the penalty under section 266(b) of such Act for that 
        failure.
            (6) Revocation.--
                    (A) In general.--At any time after an alien has 
                been granted lawful prospective immigrant status but 
                has not yet adjusted from such status to that of an 
                alien lawfully admitted for permanent residence under 
                section 112, the Secretary may revoke the alien's 
                status following appropriate notice to the alien and 
                exhaustion or waiver of all applicable administrative 
                review procedures under section 113, if--
                            (i) the alien is or has become inadmissible 
                        under subsection (b)(1)(B) or ineligible for 
                        such status under subsection (b)(2);
                            (ii) the alien knowingly used documentation 
                        issued under this section for unlawful or 
                        fraudulent purposes; or
                            (iii) the alien is or was absent from the 
                        United States for any single period of more 
                        than 6 months since the grant of lawful 
                        prospective immigrant status.
                    (B) Additional evidence.--In considering 
                revocation, the Secretary may require the alien to 
                submit additional evidence or to appear for an 
                interview. A failure to comply with such requirements 
                will result in revocation except where the alien 
                demonstrates to the Secretary's satisfaction that such 
                failure was reasonably excusable and not willful.
                    (C) Invalidation of documentation.--Any 
                documentation that is issued by the Secretary under 
                subsection (c)(7) to any alien shall automatically be 
                rendered invalid for any purpose except departure, if 
                the alien's status as a lawful prospective immigrant is 
                revoked under subparagraph (A).
            (7) Medical examination.--A lawful prospective immigrant is 
        required to undergo medical observation and examination. The 
        Secretary, with the concurrence of the Secretary of Health and 
        Human Services, shall prescribe policies and procedures for the 
        nature, frequency, and timing of such observation and 
        examination.
            (8) Rule of construction.--Nothing in this section may be 
        construed--
                    (A) to require the Secretary to revoke status as a 
                lawful prospective immigrant before commencing removal 
                proceedings with respect to an alien described in 
                subsection (a) who has been granted such status, or in 
                any way prohibit the initiation of such proceedings 
                against a lawful prospective immigrant where such 
                proceedings are authorized under this Act; or
                    (B) to authorize the Attorney General to adjudicate 
                or grant any application for status as a lawful 
                prospective immigrant, to receive or consider an appeal 
                from a denial or revocation of lawful prospective 
                immigrant status, or to adjust the status of any lawful 
                prospective immigrant to an alien lawfully admitted for 
                permanent residence, unless the Secretary has delegated 
                such authority to the Attorney General in appropriate 
                cases pursuant to section 103(a)(6) of the Immigration 
                and Nationality Act (8 U.S.C. 1103(a)(6)).
    (f) Dissemination of Information on Lawful Prospective Immigrant 
Program.--After the date of the enactment of this Act, the Secretary, 
in cooperation with entities approved by the Secretary, and in 
accordance with a plan adopted by the Secretary in the Secretary's 
discretion, shall broadly disseminate information regarding lawful 
prospective immigrant status, the rights and benefits that flow from 
such status, and the requirements to be satisfied to obtain this 
status. Such information shall be disseminated in the top 5 principal 
languages, as determined by the Secretary in the Secretary's 
discretion, spoken by aliens who would qualify for status under this 
section, including to television, radio, and print media to which such 
aliens would have access.

SEC. 112. ADJUSTMENT OF STATUS FOR LAWFUL PROSPECTIVE IMMIGRANTS.

    (a) In General.--Notwithstanding any other provision of law, 
including section 244(h) of the Immigration and Nationality Act (8 
U.S.C. 1254a(h)), the Secretary may adjust the status of a lawful 
prospective immigrant to that of an alien lawfully admitted for 
permanent residence if the lawful prospective immigrant satisfies, in 
addition to all other requirements imposed by law, the eligibility 
requirements under this section.
    (b) Eligibility Requirements.--
            (1) Lawful prospective immigrant status.--
                    (A) In general.--The alien shall be in a period of 
                authorized admission as a lawful prospective immigrant 
                and shall continue to satisfy--
                            (i) the eligibility requirements for such 
                        status under section 601(b); and
                            (ii) the terms and conditions of such 
                        status under section 601(d).
                    (B) Maintenance of waivers of admissibility.--
                            (i) In general.--The grounds of 
                        inadmissibility under section 212(a) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1182(a)) that are made inapplicable or 
                        previously waived for the alien under section 
                        111(b)(3) shall also be considered inapplicable 
                        for purposes of the alien's adjustment pursuant 
                        to this section.
                            (ii) Exception for post-filing conduct.--No 
                        waiver previously granted shall apply to any 
                        inadmissibility under section 111(b)(1)(B) 
                        arising out of conduct occurring after the date 
                        on which the application for lawful prospective 
                        immigrant status was filed.
                    (C) Pending revocation proceedings.--If the 
                Secretary has sent the applicant a notice of intent to 
                revoke the applicant's lawful prospective immigrant 
                status under section 111(e)(6)(A)(i), an application 
                for adjustment under this section may not be approved 
                until the Secretary has made a final determination on 
                whether to revoke the applicant's status.
            (2) Basic citizenship skills.----
                    (A) In general.--Except as provided under 
                subparagraph (C), a lawful prospective immigrant who is 
                older than 14 years of age shall establish that he or 
                she--
                            (i) meets the requirements under section 
                        312 of the Immigration and Nationality Act (8 
                        U.S.C. 1423); or
                            (ii) is satisfactorily pursuing a course of 
                        study, pursuant to standards established by the 
                        Secretary of Education, in consultation with 
                        the Secretary, to achieve such an understanding 
                        of English and knowledge and understanding of 
                        the history and Government of the United 
                        States.
                    (B) Relation to naturalization examination.--A 
                lawful prospective immigrant who demonstrates that he 
                or she meets the requirements under section 312 of such 
                Act may be considered to have satisfied the 
                requirements of that section for purposes of becoming 
                naturalized as a citizen of the United States under 
                title III of such Act.
                    (C) Exceptions.--
                            (i) Mandatory.--Subparagraph (A) shall not 
                        apply to any person who is unable to comply 
                        with those requirements because of a physical 
                        or developmental disability or mental 
                        impairment as described in section 312(b)(1) of 
                        such Act.
                            (ii) Discretionary.--The Secretary may 
                        waive all or part of subparagraph (A) for a 
                        lawful prospective immigrant who is at least 65 
                        years of age on the date on which an 
                        application is filed for adjustment of status 
                        under this section.
            (3) Payment of taxes.--
                    (A) In general.--Not later than the date on which 
                the application for adjustment of status under this 
                section is filed, the applicant shall satisfy any 
                applicable Federal tax liability.
                    (B) Applicable federal tax liability.--For purposes 
                of subparagraph (A), the term ``applicable Federal tax 
                liability'' means liability for unpaid assessed Federal 
                taxes, including penalties and interest, owed.
            (4) Continuous physical presence.--The alien shall 
        establish that the alien did not have a single absence from the 
        United States of more than 6 months during the period of 
        admission as a lawful prospective immigrant.
            (5) Military selective service.--The alien shall establish 
        that the alien has registered under the Military Selective 
        Service Act (50 U.S.C. App. 451 et seq.), if the alien is 
        subject to such registration under such Act.
    (c) Application Procedures.--
            (1) In general.--In accordance with the procedures 
        described in section 121, the Secretary shall prescribe by 
        regulation the procedures for an alien in the United States to 
        apply for adjustment of status under this section and the 
        evidence required to demonstrate eligibility for such 
        adjustment.
            (2) Filing of application.--
                    (A) Back of the line.--An alien may not adjust 
                status to that of an alien lawfully admitted for 
                permanent residence under this section until the 
                earlier of--
                            (i) 30 days after an immigrant visa has 
                        become available for all approved petitions 
                        filed under sections 201 and 203 of the Act 
                        that were filed before the date of enactment of 
                        this Act; or
                            (ii) 8 years after the date of enactment of 
                        this Act.
                    (B) Acceptance of applications.--No application to 
                adjust status under this section may be filed before 
                the date that is 6 years after the initial grant of 
                lawful prospective immigrant status, regardless of 
                whether such date is after the date on which, pursuant 
                to subparagraph (A), an alien may adjust status under 
                this section.
            (3) Fees and penalties.--
                    (A) Processing fees.--The Secretary shall impose a 
                processing fee on applications for adjustment filed 
                under this section which shall be sufficient to recover 
                the full cost of adjudicating the application, 
                including the cost of taking and processing biometrics, 
                and the cost of expenses relating to prevention and 
                investigation of fraud.
                    (B) Penalties.--An alien 21 years of age or over 
                who is filing an application for adjustment of status 
                under this section shall pay a $1000 penalty to the 
                Secretary, in addition to the processing fee required 
                under subparagraph (A).
                    (C) Deposit, allocation, and spending of fees and 
                penalties.--Fees and penalties collected under 
                subparagraph (B) shall be deposited and remain 
                available as provided under section 111.
            (4) Interview.--The Secretary may interview an applicant 
        for adjustment under this section to determine eligibility for 
        such adjustment.
            (5) Security and law enforcement background checks.--An 
        alien applying for adjustment under this section shall be 
        required to submit to a renewed security and law enforcement 
        background check that shall be completed to the satisfaction of 
        the Secretary before such adjustment may be granted.
            (6) Adjudication of adjustment application.--
                    (A) Evidence of continuous physical presence.--The 
                Secretary shall determine continuous physical presence 
                based upon the Secretary's records of admission to the 
                United States or such other relevant information as the 
                Secretary may require.
                    (B) Evidence of payment of taxes.--
                            (i) In general.--The alien may demonstrate 
                        compliance with the requirement under paragraph 
                        (b)(3) by submitting documentation, in 
                        accordance with regulations promulgated by the 
                        Secretary, that establishes that--
                                    (I) no such unpaid assessed Federal 
                                tax liability exists;
                                    (II) all such outstanding 
                                liabilities have been met; or
                                    (III) the alien has entered into, 
                                and is in compliance with, an agreement 
                                for payment of all outstanding 
                                liabilities with the Internal Revenue 
                                Service.
                            (ii) IRS cooperation.--The Secretary of the 
                        Treasury, in consultation with the Secretary, 
                        shall establish procedures pursuant to 
                        applicable provisions of section 6103 of the 
                        Internal Revenue Code of 1986, under which the 
                        Commissioner of Internal Revenue shall provide 
                        documentation whereby the Secretary or the 
                        applicant may establish the payment of all 
                        taxes required under this subsection, to verify 
                        that the individual meets the requirements of 
                        clause (i).
                    (C) Burden of proof.--An alien who is applying for 
                adjustment of status under this section shall prove, by 
                a preponderance of the evidence, that the alien has 
                satisfied the requirements of this section.
    (d) 5-year Eligibility Waiting Period.--An individual who meets the 
requirements under this section for adjustment from lawful prospective 
immigrant status to lawful permanent resident status shall be 
considered, as of the date of such adjustment, to have completed the 5-
year period specified in sections 402 and 403 of the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996 (8 
U.S.C. 1612 and 1613).

SEC. 113. ADMINISTRATIVE REVIEW, REMOVAL PROCEEDINGS, AND JUDICIAL 
              REVIEW FOR ALIENS WHO HAVE APPLIED FOR LAWFUL PROSPECTIVE 
              IMMIGRANT STATUS.

    (a) Administrative Review.--
            (1) Exclusive administrative review.--Administrative review 
        of a determination respecting an application for status as a 
        lawful prospective immigrant under section 111(b) or respecting 
        an application for adjustment of status under section 112 shall 
        be conducted solely as provided in this subsection.
            (2) Administrative appellate review.--
                    (A) Establishment of administrative appellate 
                authority.--The Secretary shall establish or designate 
                an appellate authority within U.S. Citizenship and 
                Immigration Services to provide for a single level of 
                administrative appellate review of a determination 
                respecting an application for status or revocation of 
                status as a lawful prospective immigrant under section 
                111(b) or respecting an application for adjustment of 
                status under section 112. Any such application is not 
                renewable in any proceeding before the Attorney 
                General.
                    (B) Single appeal for each administrative 
                decision.--
                            (i) Lawful prospective immigrant.--An alien 
                        in the United States whose application for 
                        status as a lawful prospective immigrant under 
                        section 111(b) has been denied or whose status 
                        as a lawful prospective immigrant has been 
                        revoked, may file with the Secretary not more 
                        than 1 appeal of each decision to deny or 
                        revoke such status.
                            (ii) Adjustment of status.--An alien in 
                        lawful prospective immigrant status whose 
                        application under section 112 for adjustment of 
                        status to that of an alien lawfully admitted 
                        for permanent residence has been denied may 
                        file with the Secretary not more than 1 appeal 
                        of each decision to deny or revoke such status.
                            (iii) Notice of appeal.--A notice of appeal 
                        filed under this subsection shall be filed not 
                        later than 60 calendar days after the date of 
                        service of the decision of denial or 
                        revocation.
                    (C) Secretarial review.--Nothing in this subsection 
                may be construed to limit the authority of the 
                Secretary, in the Secretary's sole and unreviewable 
                discretion, from certifying appeals for review and 
                final administrative decision.
                    (D) Denial of petitions for dependents.--Appeals of 
                a decision to deny a petition filed by a lawful 
                prospective immigrant pursuant to regulations 
                promulgated under section 111(c)(1)(A)(i) to classify a 
                spouse or child of such alien as a lawful prospective 
                immigrant shall be to the administrative appellate 
                authority described in subsection (A).
                    (E) Stay of removal.--Aliens seeking administrative 
                review under this section shall not be removed from the 
                United States until a final decision is rendered 
                establishing ineligibility under this title, unless 
                such removal is based on criminal or national security 
                grounds.
            (3) Record for review.--Administrative appellate review 
        referred to in paragraph (2) shall be based solely upon the 
        administrative record established at the time of the 
        determination on the application and upon such additional newly 
        discovered or previously unavailable evidence.
    (b) Self Initiated Removal and Notice Preserving Judicial Review.--
            (1) In general.--Except as provided in subparagraphs (2) 
        and (3), any alien who receives a denial of an administrative 
        appeal filed under subsection (a) may request, not later than 
        60 calendar days after the date of service of the 
        administrative appellate decision, that the Secretary place the 
        alien in removal proceedings. That request shall serve as a 
        notice preserving judicial review of the denial. The Secretary 
        shall place such alien in removal proceedings to which the 
        alien would otherwise be subject, provided that no court shall 
        have jurisdiction to review the timing of the Secretary's 
        initiation of such proceedings. If removal proceedings are not 
        commenced within 1 year of the timely filing of the request 
        specified in this section, the alien may petition for review as 
        if an order of removal was filed within 1 year of the request.
            (2) Aliens in removal proceedings.--Any alien who is in 
        removal, deportation, or exclusion proceedings that are not 
        administratively final and who receives a denial of an 
        administrative appeal filed under subsection (a), may file with 
        the Secretary, not later than 60 calendar days after the date 
        of service of the administrative appellate decision, a notice 
        to preserve judicial review of that appeal.
            (3) Aliens with a final removal order.--Any alien who is 
        subject to an administratively final, unexecuted order of 
        removal, deportation, or exclusion and who receives a denial of 
        an administrative appeal filed under subsection (a), may file 
        with the Secretary, not later than 60 calendar days after the 
        date of service of the administrative appellate decision, a 
        notice to preserve judicial review of that appeal. Nothing in 
        this subsection shall be construed to authorize motions to 
        reopen or reconsider the removal order not otherwise permitted 
        under statute or regulation.
            (4) Effect of motions to reopen or reconsider.--The 60-day 
        period described in paragraphs (1), (2), and (3) shall not be 
        affected or extended by the filing of a motion to reopen or 
        reconsider.
            (5) Effect of service by mail.--If the administrative 
        appellate decision described in paragraphs (1), (2), and (3) is 
        served by mail, the date of mailing shall be considered the 
        date of service, and 3 days shall be added to the prescribed 
        period that the alien has to file the request or notices under 
        such paragraphs.
    (c) Judicial Review.--Section 242 (8 U.S.C. 11252) is amended--
            (1) in subsection (b)(2), by striking ``completed the 
        proceedings'' and inserting ``or the Secretary of Homeland 
        Security completed the removal proceedings'';
            (2) by amending subsection (d)(1) to read as follows:
            ``(1) the alien has exhausted all administrative remedies 
        available to the alien as of right, except that the alien need 
        not file an administrative appeal of an order of an immigration 
        judge if the alien seeks review solely of a denial or 
        revocation of lawful prospective immigrant status pursuant to 
        subsection (i)(3), and''; and
            (3) by adding at the end the following:
    ``(i) Judicial Review of Determinations Relating to Lawful 
Prospective Immigrant Status.--
            ``(1) Direct review.--A person whose application for 
        classification or adjustment of status under this section is 
        denied after administrative appellate review under title V of 
        the Comprehensive Immigration Reform Act of 2011 may seek 
        review of such denial, in accordance with chapter 7 of title 5, 
        United States Code, before the United States district court for 
        the district in which the person resides.
            ``(2) Review after removal proceedings.--There shall be 
        judicial review in the Federal courts of appeal of the denial 
        of an application for adjustment of status under title V of the 
        Comprehensive Immigration Reform Act of 2011 in conjunction 
        with judicial review of an order of removal, deportation, or 
        exclusion, but only if the validity of the denial has not been 
        upheld in a prior judicial proceeding under paragraph (1).
            ``(3) Standard for judicial review.--Judicial review of a 
        denial of an application under title V of the Comprehensive 
        Immigration Reform Act of 2011 shall be based upon the 
        administrative record established at the time of the review, 
        but the court may remand the case to the Secretary for 
        consideration of additional evidence where the court finds that 
        the evidence is material and there were reasonable grounds for 
        failure to adduce the evidence before the Secretary. 
        Notwithstanding any other provision of law, judicial review of 
        all questions arising from a denial of an application under 
        title V of the Comprehensive Immigration Reform Act of 2011 
        shall be governed by the standard of review set forth in 
        chapter 7 of title 5, United States Code.
            ``(4) Remedial powers.--Notwithstanding any other provision 
        of law, the district courts of the United States shall have 
        jurisdiction over any cause or claim arising from a pattern or 
        practice of the Secretary of Homeland Security in the operation 
        or implementation of title V of the Comprehensive Immigration 
        Reform Act of 2011 that is arbitrary, capricious, or otherwise 
        contrary to law, and may order any appropriate relief. The 
        district courts may order any appropriate relief in accordance 
        with the preceding sentence without regard to exhaustion, 
        ripeness, or other standing requirements (other than 
        constitutionally mandated requirements), if the court 
        determines that resolution of such cause or claim will serve 
        judicial and administrative efficiency or that a remedy would 
        otherwise not be reasonably available or practicable.
            ``(5) Stay of removal.--Aliens seeking judicial review 
        under section 113 of the Comprehensive Immigration Reform Act 
        of 2011 shall not be removed from the United States until a 
        final decision is rendered establishing ineligibility under 
        this title.
            ``(6) No review for late filings.--An alien may not file an 
        application for lawful prospective immigrant status, under 
        title V of the Comprehensive Immigration Reform Act of 2011 
        beyond the period for receipt of such applications established 
        by section 111(e)(1) of such Act. The denial of any application 
        filed beyond the expiration of the period established by that 
        subsection shall not be subject to judicial review or remedy, 
        including under paragraph (5).
            ``(7) Challenges on validity of the lawful prospective 
        immigrant system.--
                    ``(A) In general.--Any claim that title V of the 
                Comprehensive Immigration Reform Act of 2011, or any 
                regulation, guideline, directive, or procedure issued 
                to implement such title, violates the Constitution of 
                the United States or is otherwise in violation of law 
                is available exclusively in an action instituted in any 
                United States District Court in accordance with the 
                procedures prescribed under this paragraph. No claims 
                challenging the validity of the system established by 
                title V of the Comprehensive Immigration Reform Act of 
                2011 may be initiated after the period for receipt of 
                such applications established by subsection 111(c)(1) 
                of title VI of the Comprehensive Immigration Reform Act 
                of 2011 by or on behalf of an alien who did not timely 
                file for lawful prospective immigrant status.
                    ``(B) Deadlines for bringing actions.--Any action 
                instituted under this paragraph that asserts a claim 
                that this title or any regulation, guideline, 
                directive, or procedure issued by or under the 
                authority of the Secretary to implement this title 
                violates the Constitution or is otherwise unlawful, 
                shall be filed--
                            ``(i) not later than 3 years after the date 
                        of the publication or promulgation of the 
                        challenged regulation, policy, or directive; or
                            ``(ii) if the action challenges the 
                        validity of any provision of the Comprehensive 
                        Immigration Reform Act of 2011, not later than 
                        3 years after the date of the enactment of such 
                        Act.
                    ``(C) Subject to subparagraph (D), nothing in 
                subparagraph (A) or (B) shall preclude an applicant for 
                lawful prospective immigrant status under title VI of 
                the Comprehensive Immigration Reform Act of 2011 from 
                asserting that an action taken or decision made by the 
                Secretary with respect to his status under that title 
                was contrary to law in a proceeding under section 113 
                of title V of the Comprehensive Immigration Reform Act 
                of 2011.
                    ``(D) Class actions.--Any claim described in 
                subparagraph (A) that is brought as a class action 
                shall be brought in conformity with the Class Action 
                Fairness Act of 2005 (Public Law 109-2) and the Federal 
                Rules of Civil Procedure. After the expiration of the 
                period for receipt of such applications established by 
                section 111(c)(1) of title V of the Comprehensive 
                Immigration Reform Act of 2011, an alien who did not 
                timely file for lawful prospective immigrant status may 
                not be a class member of or otherwise benefit from a 
                class action described in subparagraph (A).
                    ``(E) Exhaustion and stay of proceedings.--No claim 
                brought under this paragraph shall require the 
                plaintiff to exhaust administrative remedies under 
                section 113 of title V of the Comprehensive Immigration 
                Reform Act of 2011, but nothing shall prevent the court 
                from staying proceedings under this paragraph to permit 
                the Secretary to evaluate an allegation challenging a 
                policy or practice or to take corrective action. In 
                issuing such a stay, the court shall take into account 
                any harm the stay may cause to the claimant and to the 
                government. This subsection conveys no authority to 
                stay proceedings initiated under any other section of 
                the Act.
                    ``(F) Expeditious consideration of cases.--It shall 
                be the duty of the District Court, the Court of 
                Appeals, and the United States Supreme Court to advance 
                on the docket and to expedite to the greatest possible 
                extent the disposition of any case considered under 
                this section.''.

SEC. 114. CONFIDENTIALITY OF INFORMATION.

    (a) In General.--Except as otherwise provided in this section and 
in section 117, no Federal agency or bureau, or any officer or employee 
of such agency or bureau, may, without the written consent of the 
applicant--
            (1) use the information furnished by the applicant pursuant 
        to an application filed under section 111 or 112, for any 
        purpose, other than to make a determination on the application, 
        including revocation of an application previously approved;
            (2) make any publication through which the information 
        furnished by any particular applicant can be identified; or
            (3) permit anyone other than the sworn officers, employees 
        or contractors of such agency or bureau, to examine individual 
        applications that have been filed.
    (b) Required Disclosures.--
            (1) The Secretary shall provide the information furnished 
        pursuant to an application filed under section 111 or 112, and 
        any other information derived from such furnished information 
        to--
                    (A) a Federal, State, tribal, or local law 
                enforcement agency, intelligence agency, national 
                security agency, component of the Department of 
                Homeland Security, court, or grand jury in connection 
                with a criminal investigation or prosecution, a 
                background check conducted pursuant to the Brady 
                Handgun Violence Protection Act, or for homeland 
                security or national security purposes, in each 
                instance about an individual, when such information is 
                requested by such entity or consistent with an 
                information sharing agreement or mechanism; or
                    (B) an official coroner for purposes of 
                affirmatively identifying a deceased individual, 
                whether or not the death of such individual resulted 
                from a crime.
            (2) Nothing in this section may be construed as prohibiting 
        any entity described in paragraph (1)(A) from disseminating 
        information provided to such entity under this subsection by 
        the Secretary for any authorized purpose.
    (c) Inapplicability After Denial, Revocation, or Abandonment.--The 
limitations under subsection (a)--
            (1) shall apply only until an application filed under 
        section 111 or 112 is denied and all opportunities for 
        administrative appeal of the denial have been exhausted;
            (2) shall not apply to the use of the information furnished 
        pursuant to such application in any removal proceeding or other 
        criminal or civil case or action, including administrative 
        action, relating to an alien whose application has been granted 
        that is based upon any violation of law committed or discovered 
        after such grant; and
            (3) shall not apply in a case in which--
                    (A) the Secretary has revoked the alien's status as 
                a lawful prospective immigrant; or
                    (B) the alien's lawful prospective immigrant status 
                has expired.
    (d) Fraud in Application Process or Criminal Conduct.--
Notwithstanding any other provision of this section, information 
concerning whether the applicant has engaged in fraud in the 
application for lawful prospective immigrant status or for adjustment 
of status from lawful prospective immigrant status or at any time 
committed a crime may be used or released for immigration enforcement, 
law enforcement, or national security purposes.
    (e) Auditing and Evaluation of Information.--
            (1) The Secretary may audit and evaluate information 
        furnished as part of any application filed under section 111 or 
        112 for purposes of identifying fraud or fraud schemes, and may 
        use any evidence of fraud detected by means of audits, 
        evaluations, or other means for purposes of investigating, 
        prosecuting or referring for prosecution, denying, or 
        terminating immigration benefits.
            (2) Nothing in this section may be construed as limiting 
        the authority of the relevant Offices of Inspectors General 
        from conducting reviews, audits, oversight, and administrative, 
        civil or criminal investigations.
    (f) Use of Information in Immigration Matters Subsequent to 
Adjustment of Status.--If the Secretary has adjusted an alien's status 
to that of an alien lawfully admitted for permanent residence pursuant 
to section 112, then at any time thereafter the Secretary may use the 
information furnished by the alien in the application for adjustment of 
status or in the applications for status pursuant to sections 501 in 
any subsequent immigration matter.
    (g) Other Authorized Disclosures.--The Federal Bureau of 
Investigation may disclose information derived from biometric and 
biographic checks of the applicant to assist in the apprehension of a 
person who is the subject of a warrant of arrest, or to notify 
intelligence agencies of the location of a known or suspected 
terrorist.
    (h) Civil Penalty.--Whoever willfully uses, publishes, or permits 
information to be disclosed in violation of this section shall be 
subject to appropriate disciplinary action and subject to a civil 
monetary penalty of not more than $5,000.
    (i) Construction.--Nothing in this section shall be construed to 
limit the use or release for immigration enforcement purposes of 
information contained in files or records of the Secretary or Attorney 
General pertaining to an application filed under section 111 or 112, 
other than information furnished by an applicant pursuant to the 
application, or any other information derived from the application, 
that is not available from any other source.
    (j) Interagency Fraud Prevention Coordination.--The Secretary or 
the Secretary's designee shall convene an interagency committee to 
address issues relating to the identification, prevention, 
investigation, and prosecution of fraud and related conduct in 
connection with this program.

SEC. 115. ALIENS NOT SUBJECT TO DIRECT NUMERICAL LIMITATIONS.

    Section 201(b)(1) (8 U.S.C. 1151(b)(1)), is amended by adding at 
the end the following:
                    ``(N) Aliens whose status is adjusted from that of 
                a lawful prospective immigrant under section 112 of CIR 
                Act of 2010.''.

SEC. 116. EMPLOYER PROTECTIONS.

    (a) Use of Employment Records.--Copies of employment records or 
other evidence of employment provided by an alien or by an alien's 
employer in support of an alien's application for lawful prospective 
immigrant status under section 601 shall not be used in a prosecution 
or investigation (civil or criminal) of that employer under section 
274A of the Immigration and Nationality Act or the tax laws of the 
United States for the prior unlawful employment of that alien, 
regardless of the adjudication of such application or reconsideration 
by the Secretary of such alien's prima facie eligibility determination. 
This section does not apply to employment records submitted by aliens 
or employers that are deemed to be fraudulent.
    (b) Applicability of Other Law.--Nothing in this section may be 
used to shield an employer from liability under section 274B of the 
Immigration and Nationality Act (8 U.S.C. 1324b) or any other labor or 
employment law.

SEC. 117. ASSIGNMENT OF SOCIAL SECURITY NUMBER.

    The Commissioner of the Social Security Administration, in 
coordination with the Secretary, shall implement a system to allow for 
the assignment of a Social Security number and issuance of a Social 
Security card after the Secretary has granted an alien status as a 
lawful prospective immigrant. The Secretary shall provide to the 
Commissioner of Social Security information from the application filed 
under section 111(a) and such other information as the Commissioner of 
Social Security deems necessary to assign a Social Security account 
number. The Commissioner of Social Security may use such information to 
assign such Social Security account numbers and to administer the 
programs for which the Commissioner of Social Security has 
responsibility. The Commissioner of Social Security may maintain, use, 
and disclose such information only as permitted by the Privacy Act and 
other Federal law.

                        PART II--IMPLEMENTATION

SEC. 121. RULEMAKING.

    (a) In General.--The Secretary and Attorney General separately 
shall issue interim final regulations not later than 9 months after the 
date of the enactment of this Act to implement this title and the 
amendments made by this title. Such interim final regulations shall 
become effective immediately upon publication in the Federal Register.
    (b) Exemption From National Environmental Policy Act.--Any decision 
by the Secretary concerning any rulemaking action, plan, or program 
described in this section shall not be considered to be a major Federal 
action subject to review under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.).

SEC. 122. EXEMPTION FROM GOVERNMENT CONTRACTING AND HIRING RULES.

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

SEC. 123. AUTHORITY TO ACQUIRE LEASEHOLDS.

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

SEC. 124. PRIVACY AND CIVIL LIBERTIES.

    (a) Protection of Privacy.--Consistent with section 114, the 
Secretary shall require appropriate administrative and physical 
safeguards to protect the security, confidentiality, and integrity of 
personally identifiable information collected, maintained, and 
disseminated pursuant to sections 111 and 112.
    (b) Requirement for Impact Assessments.--Notwithstanding privacy 
requirements under section 222 of the Homeland Security Act and the E-
Government Act of 2002, the Secretary shall conduct a privacy impact 
assessment and a civil liberties impact assessment of the legalization 
program established in sections 111 and 112 during the pendency of the 
interim final rule.

SEC. 125. STATUTORY CONSTRUCTION.

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

                        PART III--MISCELLANEOUS

SEC. 131. CORRECTION OF SOCIAL SECURITY RECORDS.

    (a) In General.--Section 208(e)(1) of the Social Security Act (42 
U.S.C. 408(e)(1)) is amended--
            (1) in subparagraph (B)(ii), by striking ``or'' at the end;
            (2) by inserting after subparagraph (C) the following:
                    ``(D) who is granted status as a lawful prospective 
                immigrant pursuant to section 111 of the CIR Act of 
                2010; or
                    ``(E) whose status is adjusted to that of lawful 
                permanent resident under section 112 of the CIR Act of 
                2010,''; and
            (3) by striking ``1990.'' and inserting ``1990, or in the 
        case of an alien described in subparagraph (D) or (E), if such 
        conduct is alleged to have occurred before the date on which 
        the alien submitted an application under section 111 of the CIR 
        Act of 2010 for classification as a lawful prospective 
        immigrant.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the first day of the tenth month that begins after the 
date of the enactment of this Act.

SEC. 132. FRAUD PREVENTION PROGRAM.

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

SEC. 133. DATA COLLECTION REQUIREMENTS.

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

                           PART IV--DREAM ACT

SEC. 141. SHORT TITLE.

    This part may be cited as the ``Development, Relief, and Education 
for Alien Minors Act of 2011'' or the ``DREAM Act of 2011''.

SEC. 142. DEFINITIONS.

    In this part:
            (1) In general.--Except as otherwise specifically provided, 
        terms used in this part shall have the meanings given such term 
        in the immigration laws (as defined in section 101(a)(17) of 
        the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))).
            (2) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given such 
        term in section 102 of the Higher Education Act of 1965 (20 
        U.S.C. 1002), except that the term does not include an 
        institution of higher education outside the United States.
            (3) Secretary.--Except as otherwise specifically provided, 
        the term ``Secretary'' means the Secretary of Homeland 
        Security.
            (4) Uniformed services.--The term ``Uniformed Services'' 
        has the meaning given the term ``uniformed services'' in 
        section 101(a) of title 10, United States Code.

SEC. 143. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN LONG-TERM 
              RESIDENTS WHO ENTERED THE UNITED STATES AS CHILDREN.

    (a) Conditional Basis for Status.--Notwithstanding any other 
provision of law, an alien shall be considered, at the time of 
obtaining the status of an alien lawfully admitted for permanent 
residence under this section, to have obtained such status on a 
conditional basis subject to the provisions of this part.
    (b) Requirements.--
            (1) In general.--Notwithstanding any other provision of 
        law, the Secretary may cancel removal of, and adjust to the 
        status of an alien lawfully admitted for permanent residence on 
        a conditional basis, an alien who is inadmissible or deportable 
        from the United States or is in temporary protected status 
        under section 244 of the Immigration and Nationality Act (8 
        U.S.C. 1254a), if the alien demonstrates by a preponderance of 
        the evidence that--
                    (A) the alien has been continuously physically 
                present in the United States since the date that is 5 
                years before the date of the enactment of this Act;
                    (B) the alien was 15 years of age or younger on the 
                date the alien initially entered the United States;
                    (C) the alien has been a person of good moral 
                character since the date the alien initially entered 
                the United States;
                    (D) subject to paragraph (2), the alien--
                            (i) is not inadmissible under paragraph 
                        (2), (3), (6)(E), (6)(G), (8), (10)(A), 
                        (10)(C), or (10)(D) of section 212(a) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1182(a));
                            (ii) has not ordered, incited, assisted, or 
                        otherwise participated in the persecution of 
                        any person on account of race, religion, 
                        nationality, membership in a particular social 
                        group, or political opinion; and
                            (iii) has not been convicted of--
                                    (I) any offense under Federal or 
                                State law punishable by a maximum term 
                                of imprisonment of more than 1 year; or
                                    (II) 3 or more offenses under 
                                Federal or State law, for which the 
                                alien was convicted on different dates 
                                for each of the 3 offenses and 
                                imprisoned for an aggregate of 90 days 
                                or more;
                    (E) the alien--
                            (i) has been admitted to an institution of 
                        higher education in the United States; or
                            (ii) has earned a high school diploma or 
                        obtained a general education development 
                        certificate in the United States; and
                    (F) the alien was 35 years of age or younger on the 
                date of the enactment of this Act.
            (2) Waiver.--With respect to any benefit under this part, 
        the Secretary may waive the grounds of inadmissibility under 
        paragraph (6)(E), (6)(G), or (10)(D) of section 212(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1182(a)) for 
        humanitarian purposes or family unity or when it is otherwise 
        in the public interest.
            (3) Submission of biometric and biographic data.--The 
        Secretary may not grant permanent resident status on a 
        conditional basis to an alien under this section unless the 
        alien submits biometric and biographic data, in accordance with 
        procedures established by the Secretary. The Secretary shall 
        provide an alternative procedure for applicants who are unable 
        to provide such biometric or biographic data because of a 
        physical impairment.
            (4) Background checks.--
                    (A) Requirement for background checks.--The 
                Secretary shall utilize biometric, biographic, and 
                other data that the Secretary determines is 
                appropriate--
                            (i) to conduct security and law enforcement 
                        background checks of an alien seeking permanent 
                        resident status on a conditional basis under 
                        this section; and
                            (ii) to determine whether there is any 
                        criminal, national security, or other factor 
                        that would render the alien ineligible for such 
                        status.
                    (B) Completion of background checks.--The security 
                and law enforcement background checks required by 
                subparagraph (A) for an alien shall be completed, to 
                the satisfaction of the Secretary, prior to the date 
                the Secretary grants permanent resident status on a 
                conditional basis to the alien.
            (5) Medical examination.--An alien applying for permanent 
        resident status on a conditional basis under this section shall 
        undergo a medical examination. The Secretary, with the 
        concurrence of the Secretary of Health and Human Services, 
        shall prescribe policies and procedures for the nature and 
        timing of such examination.
            (6) Military selective service.--An alien applying for 
        permanent resident status on a conditional basis under this 
        section shall establish that the alien has registered under the 
        Military Selective Service Act (50 U.S.C. App. 451 et seq.), if 
        the alien is subject to such registration under that Act.
    (c) Determination of Continuous Presence.--
            (1) Termination of continuous period.--Any period of 
        continuous physical presence in the United States of an alien 
        who applies for permanent resident status on a conditional 
        basis under this section shall not terminate when the alien is 
        served a notice to appear under section 239(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1229(a)).
            (2) Treatment of certain breaks in presence.--
                    (A) In general.--An alien shall be considered to 
                have failed to maintain continuous physical presence in 
                the United States under subsection (b)(1)(A) if the 
                alien has departed from the United States for any 
                period in excess of 90 days or for any periods in the 
                aggregate exceeding 180 days.
                    (B) Extensions for extenuating circumstances.--The 
                Secretary may extend the time periods described in 
                subparagraph (A) for an alien if the alien demonstrates 
                that the failure to timely return to the United States 
                was due to extenuating circumstances beyond the alien's 
                control.
    (d) Application.--
            (1) In general.--An alien seeking lawful permanent resident 
        status on a conditional basis shall file an application for 
        such status in such manner as the Secretary may require.
            (2) Deadline for submission of application.--An alien shall 
        submit an application for relief under this section not later 
        than the date that is 1 year after the later of--
                    (A) the date the alien earned a high school diploma 
                or obtained a general education development certificate 
                in the United States; or
                    (B) the effective date of the final regulations 
                issued pursuant to section 536.
    (e) Limitation on Removal of Certain Aliens.--
            (1) In general.--The Secretary or the Attorney General may 
        not remove an alien who--
                    (A) has a pending application for relief under this 
                section; and
                    (B) establishes prima facie eligibility for relief 
                under this section.
            (2) Certain aliens enrolled in primary or secondary 
        school.--
                    (A) Stay of removal.--The Attorney General shall 
                stay the removal proceedings of an alien who--
                            (i) meets all the requirements of 
                        subparagraphs (A), (B), (C), (D), and (F) of 
                        subsection (b)(1);
                            (ii) is at least 5 years of age; and
                            (iii) is enrolled full-time in a primary or 
                        secondary school.
                    (B) Aliens not in removal proceedings.--If an alien 
                is not in removal proceedings, the Secretary shall not 
                commence such proceedings with respect to the alien if 
                the alien is described in clauses (i) through (iii) of 
                subparagraph (A).
                    (C) Employment.--An alien whose removal is stayed 
                pursuant to subparagraph (A) or who may not be placed 
                in removal proceedings pursuant to subparagraph (B) 
                shall, upon application to the Secretary, be granted an 
                employment authorization document.
                    (D) Lift of stay.--The Secretary or Attorney 
                General may lift the stay granted to an alien under 
                subparagraph (A) if the alien--
                            (i) is no longer enrolled in a primary or 
                        secondary school; or
                            (ii) ceases to meet the requirements of 
                        such paragraph.
    (f) Exemption From Numerical Limitations.--Nothing in this section 
or in any other law may be construed to apply a numerical limitation on 
the number of aliens who may be eligible for adjustment of status under 
this part.

SEC. 144. TERMS OF CONDITIONAL PERMANENT RESIDENT STATUS.

    (a) Period of Status.--Permanent resident status on a conditional 
basis granted under this part is--
            (1) valid for a period of 6 years, unless such period is 
        extended by the Secretary; and
            (2) subject to termination under subsection (c).
    (b) Notice of Requirements.--
            (1) At time of obtaining status.--At the time an alien 
        obtains permanent resident status on a conditional basis under 
        this part, the Secretary shall provide for notice to the alien 
        regarding the provisions of this part and the requirements to 
        have the conditional basis of such status removed.
            (2) Effect of failure to provide notice.--The failure of 
        the Secretary to provide a notice under this subsection--
                    (A) shall not affect the enforcement of the 
                provisions of this part with respect to the alien; and
                    (B) shall not give rise to any private right of 
                action by the alien.
    (c) Termination of Status.--
            (1) In general.--The Secretary shall terminate the 
        conditional permanent resident status of an alien, if the 
        Secretary determines that the alien--
                    (A) ceases to meet the requirements of subparagraph 
                (C) or (D) of section 533(b)(1); or
                    (B) was discharged from the Uniformed Services and 
                did not receive an honorable discharge.
    (d) Return to Previous Immigration Status.--
            (1) In general.--Except as provided in paragraph (2), an 
        alien whose permanent resident status on a conditional basis 
        expires under subsection (a)(1) or is terminated under 
        subsection (c) or whose application for such status is denied 
        shall return to the immigration status the alien had 
        immediately prior to receiving permanent resident status on a 
        conditional basis or applying for such status, as appropriate.
            (2) Special rule for temporary protected status.--In the 
        case of an alien whose permanent resident status on a 
        conditional basis expires under subsection (a)(1) or is 
        terminated under subsection (c) or whose application for such 
        status is denied and who had temporary protected status 
        immediately prior to receiving or applying for such status, as 
        appropriate, the alien may not return to temporary protected 
        status if--
                    (A) the relevant designation under section 244(b) 
                of the Immigration and Nationality Act (8 U.S.C. 
                1254a(b)) has been terminated; or
                    (B) the Secretary determines that the reason for 
                terminating the permanent resident status on a 
                conditional basis renders the alien ineligible for 
                temporary protected status.
    (e) Information Systems.--The Secretary shall use the information 
systems of the Department of Homeland Security to maintain current 
information on the identity, address, and immigration status of aliens 
granted permanent resident status on a conditional basis under this 
part.

SEC. 145. REMOVAL OF CONDITIONAL BASIS OF PERMANENT RESIDENT STATUS.

    (a) Eligibility for Removal of Conditional Basis.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        may remove the conditional basis of an alien's permanent 
        resident status granted under this part if the alien 
        demonstrates by a preponderance of the evidence that--
                    (A) the alien has been a person of good moral 
                character during the entire period of conditional 
                permanent resident status;
                    (B) the alien is described in section 533(b)(1)(D);
                    (C) the alien has not abandoned the alien's 
                residence in the United States;
                    (D) the alien--
                            (i) has acquired a degree from an 
                        institution of higher education in the United 
                        States or has completed at least 2 years, in 
                        good standing, in a program for a bachelor's 
                        degree or higher degree in the United States; 
                        or
                            (ii) has served in the Uniformed Services 
                        for at least 2 years and, if discharged, 
                        received an honorable discharge; and
                    (E) the alien has provided a list of each secondary 
                school (as that term is defined in section 9101 of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 7801)) that the alien attended in the United 
                States.
            (2) Hardship exception.--
                    (A) In general.--The Secretary may, in the 
                Secretary's discretion, remove the conditional basis of 
                an alien's permanent resident status if the alien--
                            (i) satisfies the requirements of 
                        subparagraphs (A), (B), (C), and (E) of 
                        paragraph (1);
                            (ii) demonstrates compelling circumstances 
                        for the inability to satisfy the requirements 
                        of subparagraph (D) of such paragraph; and
                            (iii) demonstrates that the alien's removal 
                        from the United States would result in extreme 
                        hardship to the alien or the alien's spouse, 
                        parent, or child who is a citizen or a lawful 
                        permanent resident of the United States.
                    (B) Extension.--Upon a showing of good cause, the 
                Secretary may extend the period of permanent resident 
                status on a conditional basis for an alien so that the 
                alien may complete the requirements of subparagraph (D) 
                of paragraph (1).
            (3) Treatment of abandonment or residence.--For purposes of 
        paragraph (1)(C), an alien--
                    (A) shall be presumed to have abandoned the alien's 
                residence in the United States if the alien is absent 
                from the United States for more than 365 days, in the 
                aggregate, during the alien's period of conditional 
                permanent resident status, unless the alien 
                demonstrates to the satisfaction of the Secretary that 
                the alien has not abandoned such residence; and
                    (B) who is absent from the United States due to 
                active service in the Uniformed Services has not 
                abandoned the alien's residence in the United States 
                during the period of such service.
            (4) Citizenship requirement.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the conditional basis of an alien's permanent 
                resident status may not be removed unless the alien 
                demonstrates that the alien satisfies the requirements 
                of section 312(a) of the Immigration and Nationality 
                Act (8 U.S.C. 1423(a)).
                    (B) Exception.--Subparagraph (A) shall not apply to 
                an alien who is unable because of a physical or 
                developmental disability or mental impairment to meet 
                the requirements of such subparagraph.
            (5) Submission of biometric and biographic data.--The 
        Secretary may not remove the conditional basis of an alien's 
        permanent resident status unless the alien submits biometric 
        and biographic data, in accordance with procedures established 
        by the Secretary. The Secretary shall provide an alternative 
        procedure for applicants who are unable to provide such 
        biometric data because of a physical impairment.
            (6) Background checks.--
                    (A) Requirement for background checks.--The 
                Secretary shall utilize biometric, biographic, and 
                other data that the Secretary determines appropriate--
                            (i) to conduct security and law enforcement 
                        background checks of an alien applying for 
                        removal of the conditional basis of the alien's 
                        permanent resident status; and
                            (ii) to determine whether there is any 
                        criminal, national security, or other factor 
                        that would render the alien ineligible for 
                        removal of such conditional basis.
                    (B) Completion of background checks.--The security 
                and law enforcement background checks required by 
                subparagraph (A) for an alien shall be completed, to 
                the satisfaction of the Secretary, prior to the date 
                the Secretary removes the conditional basis of the 
                alien's permanent resident status.
    (b) Application To Remove Conditional Basis.--
            (1) In general.--An alien seeking to have the conditional 
        basis of the alien's lawful permanent resident status removed 
        shall file an application for such removal in such manner as 
        the Secretary may require.
            (2) Deadline for submission of application.--
                    (A) In general.--An alien shall file an application 
                under this subsection during the period beginning 6 
                months prior to and ending on the date that is later 
                of--
                            (i) 6 years after the date the alien was 
                        initially granted conditional permanent 
                        resident status; or
                            (ii) any other expiration date of the 
                        alien's conditional permanent resident status, 
                        as extended by the Secretary in accordance with 
                        this part.
                    (B) Status during pendency.--An alien shall be 
                deemed to have permanent resident status on a 
                conditional basis during the period that the alien's 
                application submitted under this subsection is pending.
            (3) Adjudication of application.--
                    (A) In general.--The Secretary shall make a 
                determination on each application filed by an alien 
                under this subsection as to whether the alien meets the 
                requirements for removal of the conditional basis of 
                the alien's permanent resident status.
                    (B) Adjustment of status if favorable 
                determination.--If the Secretary determines that the 
                alien meets such requirements, the Secretary shall 
                notify the alien of such determination and remove the 
                conditional basis of the alien's permanent resident 
                status, effective as of the date of such determination.
                    (C) Termination if adverse determination.--If the 
                Secretary determines that the alien does not meet such 
                requirements, the Secretary shall notify the alien of 
                such determination and, if the period of the alien's 
                conditional permanent resident status under section 
                534(a)(1) has ended, terminate the conditional 
                permanent resident status granted the alien under this 
                part as of the date of such determination.
    (c) Treatment for Purposes of Naturalization.--
            (1) In general.--For purposes of title III of the 
        Immigration and Nationality Act (8 U.S.C. 1401 et seq.), an 
        alien granted permanent resident status on a conditional basis 
        under this part shall be considered to have been admitted as an 
        alien lawfully admitted for permanent residence and to be in 
        the United States as an alien lawfully admitted to the United 
        States for permanent residence.
            (2) Limitation on application for naturalization.--An alien 
        may not apply for naturalization during the period that the 
        alien is in permanent resident status on a conditional basis 
        under this part.

SEC. 146. REGULATIONS.

    (a) Initial Publication.--Not later than 180 days after the date of 
the enactment of this Act, the Secretary shall publish regulations 
implementing this part. Such regulations shall allow eligible 
individuals to apply affirmatively for the relief available under 
section 533 without being placed in removal proceedings.
    (b) Interim Regulations.--Notwithstanding section 553 of title 5, 
United States Code, the regulations required by subsection (a) shall be 
effective, on an interim basis, immediately upon publication but may be 
subject to change and revision after public notice and opportunity for 
a period of public comment.
    (c) Final Regulations.--Within a reasonable time after publication 
of the interim regulations in accordance with subsection (b), the 
Secretary shall publish final regulations implementing this part.
    (d) Paperwork Reduction Act.--The requirements of chapter 35 of 
title 44, United States Code (commonly known as the ``Paperwork 
Reduction Act'') shall not apply to any action to implement this part.

SEC. 147. PENALTIES FOR FALSE STATEMENTS.

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

SEC. 148. CONFIDENTIALITY OF INFORMATION.

    (a) Prohibition.--Except as provided in subsection (b), no officer 
or employee of the United States may--
            (1) use the information furnished by an individual pursuant 
        to an application filed under this part in removal proceedings 
        against any person identified in the application;
            (2) make any publication whereby the information furnished 
        by any particular individual pursuant to an application under 
        this part can be identified; or
            (3) permit anyone other than an officer, employee or 
        authorized contractor of the United States Government or, in 
        the case of an application filed under this part with a 
        designated entity, permit that designated entity, to examine 
        such application filed under such sections.
    (b) Required Disclosure.--The Attorney General or the Secretary 
shall provide the information furnished under this part, and any other 
information derived from such furnished information, to--
            (1) a Federal, State, tribal, or local law enforcement 
        agency, intelligence agency, national security agency, 
        component of the Department of Homeland Security, court, or 
        grand jury in connection with a criminal investigation or 
        prosecution, a background check conducted pursuant to section 
        103 of the Brady Handgun Violence Protection Act (Public Law 
        103-159; 18 U.S.C. 922 note), or national security purposes, if 
        such information is requested by such entity or consistent with 
        an information sharing agreement or mechanism; or
            (2) an official coroner for purposes of affirmatively 
        identifying a deceased individual (whether or not such 
        individual is deceased as a result of a crime).
    (c) Fraud in Application Process or Criminal Conduct.--
Notwithstanding any other provision of this section, information 
concerning whether an alien seeking relief under this part has engaged 
in fraud in an application for such relief or at any time committed a 
crime, may be used or released for immigration enforcement, law 
enforcement, or national security purposes.
    (d) Penalty.--Whoever knowingly uses, publishes, or permits 
information to be examined in violation of this section shall be fined 
not more than $10,000.

SEC. 149. HIGHER EDUCATION ASSISTANCE.

    (a) In General.--Notwithstanding any provision of the Higher 
Education Act of 1965 (20 U.S.C. 1001 et seq.), with respect to 
assistance provided under title IV of the Higher Education Act of 1965 
(20 U.S.C. 1070 et seq.), an alien who has permanent resident status on 
a conditional basis under this part shall be eligible only for the 
following assistance under such title:
            (1) Student loans under parts D and E of such title IV (20 
        U.S.C. 1087a et seq. and 1087aa et seq.), subject to the 
        requirements of such parts.
            (2) Federal work-study programs under part C of such title 
        IV (42 U.S.C. 2751 et seq.), subject to the requirements of 
        such part.
            (3) Services under such title IV (20 U.S.C. 1070 et seq.), 
        subject to the requirements for such services.
    (b) Restoration of State Option To Determine Residency for Purposes 
of Higher Education Benefits.--
            (1) In general.--section 115 of the Illegal Immigration 
        Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) 
        is repealed.
            (2) Effective date.--The repeal under paragraph (1) shall 
        take effect as if included in the enactment of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996 
        (division C of Public Law 104-208; 110 Stat. 3009-546).

     PART V--AGRICULTURAL JOB OPPORTUNITIES, BENEFITS, AND SECURITY

SEC. 150. SHORT TITLES.

    This part may be cited as the ``Agricultural Job Opportunities, 
Benefits, and Security Act of 2011'' or the ``AgJOBS Act of 2011''.

                      CHAPTER 1--BLUE CARD STATUS

SEC. 151. REQUIREMENTS FOR BLUE CARD STATUS.

    (a) Requirement To Grant Blue Card Status.--Notwithstanding any 
other provision of law, the Secretary shall, pursuant to the 
requirements of this section, grant blue card status to an alien who 
qualifies under this section if the Secretary determines that the 
alien--
            (1) has performed agricultural employment in the United 
        States for at least 863 hours or 150 work days during the 24-
        month period ending on December 31, 2010;
            (2) applied for such status during the 18-month application 
        period beginning on the first day of the seventh month that 
        begins after the date of the enactment of this Act;
            (3) is otherwise admissible to the United States under 
        section 212 of the Immigration and Nationality Act (8 U.S.C. 
        1182), except as otherwise provided under section 154(a)(2) of 
        this Act; and
            (4) has not been convicted of any felony or a misdemeanor, 
        an element of which involves bodily injury, threat of serious 
        bodily injury, or harm to property in excess of $500.
    (b) Authorized Travel.--An alien who is granted blue card status is 
authorized to travel outside the United States (including commuting to 
the United States from a residence in a foreign country) in the same 
manner as an alien lawfully admitted for permanent residence.
    (c) Authorized Employment.--The Secretary shall provide an alien 
who is granted blue card status an employment authorized endorsement or 
other appropriate work permit, in the same manner as an alien lawfully 
admitted for permanent residence.
    (d) Termination of Blue Card Status.--
            (1) Deportable aliens.--The Secretary shall terminate blue 
        card status granted to an alien if the Secretary determines 
        that the alien is deportable.
            (2) Other grounds for termination.--The Secretary shall 
        terminate blue card status granted to an alien if--
                    (A) the Secretary finds, by a preponderance of the 
                evidence, that the adjustment to blue card status was 
                the result of fraud or willful misrepresentation, as 
                described in section 212(a)(6)(C)(i) of the Immigration 
                and Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)); or
                    (B) the alien--
                            (i) commits an act that makes the alien 
                        inadmissible to the United States under section 
                        212 of the Immigration and Nationality Act (8 
                        U.S.C. 1182), except as provided under section 
                        154(a)(2) of this Act;
                            (ii) is convicted of a felony or 3 or more 
                        misdemeanors committed in the United States;
                            (iii) is convicted of an offense, an 
                        element of which involves bodily injury, threat 
                        of serious bodily injury, or harm to property 
                        in excess of $500; or
                            (iv) fails to perform the agricultural 
                        employment required under paragraph (1)(A) of 
                        section 153(a) unless the alien was unable to 
                        work in agricultural employment due to the 
                        extraordinary circumstances described in 
                        paragraph (3) of such section.
    (e) Record of Employment.--
            (1) In general.--Each employer of an alien granted blue 
        card status shall annually--
                    (A) provide a written record of employment to the 
                alien; and
                    (B) provide a copy of such record to the Secretary.
            (2) Civil penalties.--
                    (A) In general.--If the Secretary determines, after 
                notice and opportunity for a hearing, that an employer 
                of an alien granted blue card status has failed to 
                provide the record of employment required under 
                paragraph (1) or has provided a false statement of 
                material fact in such a record, the employer shall be 
                subject to a civil penalty in an amount not to exceed 
                $1,000 per violation.
                    (B) Limitation.--The penalty applicable under 
                subparagraph (A) for failure to provide records shall 
                not apply unless the alien has provided the employer 
                with evidence of employment authorization granted under 
                this section.
            (3) Sunset.--The obligation under paragraph (1) shall 
        terminate on the date that is 6 years after the date of the 
        enactment of this Act.
    (f) Required Features of Identity Card.--The Secretary shall 
provide each alien granted blue card status, and the spouse and any 
child of each such alien residing in the United States, with a card 
that contains--
            (1) an encrypted, machine-readable, electronic 
        identification strip that is unique to the alien to whom the 
        card is issued;
            (2) biometric identifiers, including fingerprints and a 
        digital photograph; and
            (3) physical security features designed to prevent 
        tampering, counterfeiting, or duplication of the card for 
        fraudulent purposes.
    (g) Fine.--An alien granted blue card status shall pay a $100 fine 
to the Secretary.
    (h) Maximum Number.--The Secretary may not issue more than 
1,350,000 blue cards during the 5-year period beginning on the date of 
the enactment of this Act.
    (i) Treatment of Aliens Granted Blue Card Status.--
            (1) In general.--Except as otherwise provided under this 
        section, an alien granted blue card status (including a spouse 
        or child of the alien granted derivative status) shall be 
        considered to be an alien lawfully admitted for permanent 
        residence for purposes of any law other than any provision of 
        the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
            (2) Delayed eligibility for certain federal public 
        benefits.--Except as otherwise provided in law, an alien 
        granted blue card status (including a spouse or child of the 
        alien granted derivative status) shall not be eligible, by 
        reason of such status, for any form of assistance or benefit 
        described in section 403(a) of the Personal Responsibility and 
        Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(a)) 
        until 5 years after the date on which the alien is granted an 
        adjustment of status under section 153.

SEC. 152. APPLICATION FOR BLUE CARD STATUS.

    (a) Submission.--The Secretary shall provide that--
            (1) applications for blue card status may be submitted--
                    (A) to the Secretary if the applicant is 
                represented by an attorney or a nonprofit religious, 
                charitable, social service, or similar organization 
                recognized by the Board of Immigration Appeals under 
                section 292.2 of title 8, Code of Federal Regulations; 
                or
                    (B) to a qualified designated entity if the 
                applicant consents to the forwarding of the application 
                to the Secretary; and
            (2) applications for adjustment of status under section 153 
        shall be filed directly with the Secretary.
    (b) Qualified Designated Entity Defined.--In this section, the term 
``qualified designated entity'' means--
            (1) a qualified farm labor organization or an association 
        of employers designated by the Secretary; or
            (2) any such other person designated by the Secretary if 
        that Secretary determines such person is qualified and has 
        substantial experience, demonstrated competence, and has a 
        history of long-term involvement in the preparation and 
        submission of applications for adjustment of status under 
        section 209, 210, or 245 of the Immigration and Nationality Act 
        (8 U.S.C. 1159, 1160, and 1255), the Act entitled ``An Act to 
        adjust the status of Cuban refugees to that of lawful permanent 
        residents of the United States, and for other purposes'', 
        approved November 2, 1966 (Public Law 89-732; 8 U.S.C. 1255 
        note), Public Law 95-145 (8 U.S.C. 1255 note), or the 
        Immigration Reform and Control Act of 1986 (Public Law 99-603; 
        100 Stat. 3359) or any amendment made by that Act.
    (c) Proof of Eligibility.--
            (1) In general.--An alien may establish that the alien 
        meets the requirements under section 151(a)(1) or 153(a)(1) 
        through government employment records or records supplied by 
        employers or collective bargaining organizations, and other 
        reliable documentation as the alien may provide. The Secretary 
        shall establish special procedures to properly credit work in 
        cases in which an alien was employed under an assumed name.
            (2) Documentation of work history.--
                    (A) Burden of proof.--An alien applying for status 
                under section 151(a) or 153(a) has the burden of 
                proving by a preponderance of the evidence that the 
                alien has worked the requisite number of hours or days 
                required under section 151(a)(1) or 153(a)(1), as 
                applicable.
                    (B) Timely production of records.--If an employer 
                or farm labor contractor employing such an alien has 
                kept proper and adequate records respecting such 
                employment, the alien's burden of proof under 
                subparagraph (A) may be met by securing timely 
                production of those records under regulations to be 
                promulgated by the Secretary.
                    (C) Sufficient evidence.--An alien may meet the 
                burden of proof under subparagraph (A) to establish 
                that the alien has performed the days or hours of work 
                required by section 151(a)(1) or 153(a)(1) by producing 
                sufficient evidence to show the extent of that 
                employment as a matter of just and reasonable 
                inference.
    (d) Applications Submitted to Qualified Designated Entities.--
            (1) Requirements.--Each qualified designated entity shall 
        agree--
                    (A) to forward to the Secretary an application 
                submitted to that entity pursuant to subsection 
                (a)(1)(B) if the applicant has consented to such 
                forwarding;
                    (B) not to forward to the Secretary any such 
                application if the applicant has not consented to such 
                forwarding; and
                    (C) to assist an alien in obtaining documentation 
                of the alien's work history, if the alien requests such 
                assistance.
            (2) No authority to make determinations.--No qualified 
        designated entity may make a determination required by this 
        part to be made by the Secretary.
    (e) Limitation on Access to Information.--Files and records 
collected or compiled by a qualified designated entity for the purposes 
of this section are confidential and the Secretary shall not have 
access to such a file or record relating to an alien without the 
consent of the alien, except as allowed by a court order issued 
pursuant to subsection (f).
    (f) Confidentiality of Information.--
            (1) In general.--Except as otherwise provided in this 
        section, the Secretary or any other official or employee of the 
        Department or a bureau or agency of the Department is 
        prohibited from--
                    (A) using information furnished by the applicant 
                pursuant to an application filed under this title, the 
                information provided by an applicant to a qualified 
                designated entity, or any information provided by an 
                employer or former employer for any purpose other than 
                to make a determination on the application or for 
                imposing the penalties described in subsection (g);
                    (B) making any publication in which the information 
                furnished by any particular individual can be 
                identified; or
                    (C) permitting a person other than a sworn officer 
                or employee of the Department or a bureau or agency of 
                the Department or, with respect to applications filed 
                with a qualified designated entity, that qualified 
                designated entity, to examine individual applications.
            (2) Required disclosures.--The Secretary shall provide the 
        information furnished under this title or any other information 
        derived from such furnished information to--
                    (A) a duly recognized law enforcement entity in 
                connection with a criminal investigation or 
                prosecution, if such information is requested in 
                writing by such entity; or
                    (B) an official coroner, for purposes of 
                affirmatively identifying a deceased individual, 
                whether or not the death of such individual resulted 
                from a crime.
            (3) Construction.--
                    (A) In general.--Nothing in this subsection may be 
                construed to limit the use, or release, for immigration 
                enforcement purposes or law enforcement purposes, of 
                information contained in files or records of the 
                Department pertaining to an application filed under 
                this section, other than information furnished by an 
                applicant pursuant to the application, or any other 
                information derived from the application, that is not 
                available from any other source.
                    (B) Criminal convictions.--Notwithstanding any 
                other provision of this subsection, information 
                concerning whether the alien applying for blue card 
                status or an adjustment of status under section 153 has 
                been convicted of a crime at any time may be used or 
                released for immigration enforcement or law enforcement 
                purposes.
            (4) Crime.--Any person who knowingly uses, publishes, or 
        permits information to be examined in violation of this 
        subsection shall be subject to a fine in an amount not to 
        exceed $10,000.
    (g) Penalties for False Statements in Applications.--
            (1) Criminal penalty.--Any person who--
                    (A) files an application for blue card status under 
                this section or for adjustment of status under section 
                153 and knowingly and willfully falsifies, conceals, or 
                covers up a material fact or makes any false, 
                fictitious, or fraudulent statements or 
                representations, or makes or uses any false writing or 
                document knowing the same to contain any false, 
                fictitious, or fraudulent statement or entry; or
                    (B) creates or supplies a false writing or document 
                for use in making such an application,
        shall be fined in accordance with title 18, United States Code, 
        imprisoned not more than 5 years, or both.
            (2) Inadmissibility.--An alien who is convicted of a crime 
        under paragraph (1) shall be considered to be inadmissible to 
        the United States on the grounds described in section 
        212(a)(6)(C)(i) of the Immigration and Nationality Act (8 
        U.S.C. 1182(a)(6)(C)(i)).
    (h) Eligibility for Legal Services.--Section 114(a)(11) of Public 
Law 104-134 (110 Stat. 1321-53 et seq.) may not be construed to prevent 
a recipient of funds under the Legal Services Corporation Act (42 
U.S.C. 2996 et seq.) from providing legal assistance directly related 
to an application for blue card status under this section or for 
adjustment of status under section 153.
    (i) Application Fees.--
            (1) Fee schedule.--The Secretary shall provide for a 
        schedule of fees that--
                    (A) shall be charged for the filing of an 
                application for blue card status under this section or 
                for adjustment of status under section 153; and
                    (B) may be charged by qualified designated entities 
                to help defray the costs of services provided to such 
                applicants.
            (2) Prohibition on excess fees by qualified designated 
        entities.--A qualified designated entity may not charge any fee 
        in excess of, or in addition to, the fees authorized under 
        paragraph (1)(B) for services provided to applicants.
            (3) Disposition of fees.--
                    (A) In general.--There is established in the 
                general fund of the Treasury a separate account, which 
                shall be known as the ``Agricultural Worker Immigration 
                Status Adjustment Account''. Notwithstanding any other 
                provision of law, there shall be deposited as 
                offsetting receipts into the account all fees collected 
                under paragraph (1)(A).
                    (B) Use of fees for application processing.--
                Amounts deposited in the ``Agricultural Worker 
                Immigration Status Adjustment Account'' shall remain 
                available to the Secretary until expended for 
                processing applications for blue card status under this 
                section or for adjustment of status under section 153.

SEC. 153. ADJUSTMENT TO PERMANENT RESIDENCE.

    (a) In General.--Except as provided in subsection (b), the 
Secretary shall adjust the status of an alien granted blue card status 
to that of an alien lawfully admitted for permanent residence if the 
Secretary determines that the following requirements are satisfied:
            (1) Qualifying employment.--
                    (A) In general.--Subject to subparagraph (B), the 
                alien has performed at least--
                            (i) 5 years of agricultural employment in 
                        the United States for at least 100 work days 
                        per year, during the 5-year period beginning on 
                        the date of the enactment of this Act; or
                            (ii) 3 years of agricultural employment in 
                        the United States for at least 150 work days 
                        per year, during the 3-year period beginning on 
                        the date of the enactment of this Act.
                    (B) 4-year period of employment.--An alien shall be 
                considered to meet the requirements of subparagraph (A) 
                if the alien has performed, during the 4-year period 
                beginning on the date of the enactment of this Act--
                            (i) agricultural employment in the United 
                        States for at least 150 work days during 3 of 
                        such years; and
                            (ii) at least 100 work days during the 
                        remaining year.
            (2) Proof.--An alien may demonstrate compliance with the 
        requirement under paragraph (1) by submitting--
                    (A) the record of employment described in section 
                151(e); or
                    (B) documentation that may be submitted under 
                section 152(c).
            (3) Extraordinary circumstances.--
                    (A) In general.--In determining whether an alien 
                has met the requirement under paragraph (1)(A), the 
                Secretary may credit the alien with not more than 12 
                additional months of agricultural employment in the 
                United States to meet such requirement if the alien was 
                unable to work in agricultural employment due to--
                            (i) pregnancy, injury, or disease, if the 
                        alien can establish such pregnancy, disabling 
                        injury, or disease through medical records;
                            (ii) illness, disease, or other special 
                        needs of a minor child, if the alien can 
                        establish such illness, disease, or special 
                        needs through medical records;
                            (iii) severe weather conditions that 
                        prevented the alien from engaging in 
                        agricultural employment for a significant 
                        period of time; or
                            (iv) termination from agricultural 
                        employment, if the Secretary finds that the 
                        termination was without just cause and that the 
                        alien was unable to find alternative 
                        agricultural employment after a reasonable job 
                        search.
                    (B) Effect of finding.--A finding made under 
                subparagraph (A)(iv), with respect to an alien, shall 
                not--
                            (i) be conclusive, binding, or admissible 
                        in a separate or subsequent judicial or 
                        administrative action or proceeding between the 
                        alien and a current or prior employer of the 
                        alien or any other party; or
                            (ii) subject the alien's employer to the 
                        payment of attorney fees incurred by the alien 
                        in seeking to obtain a finding under 
                        subparagraph (A)(iv).
            (4) Application period.--The alien applies for adjustment 
        of status not later than 7 years after the date of the 
        enactment of this Act.
            (5) Fine.--The alien pays a fine of $400 to the Secretary.
    (b) Grounds for Denial of Adjustment of Status.--The Secretary 
shall deny an alien granted blue card status an adjustment of status 
under this section if--
            (1) the Secretary finds, by a preponderance of the 
        evidence, that the adjustment to blue card status was the 
        result of fraud or willful misrepresentation, as described in 
        section 212(a)(6)(C)(i) of the Immigration and Nationality Act 
        (8 U.S.C. 1182(a)(6)(C)(i)); or
            (2) the alien--
                    (A) commits an act that makes the alien 
                inadmissible to the United States under section 212 of 
                the Immigration and Nationality Act (8 U.S.C. 1182), 
                except as provided under section 154(a)(2);
                    (B) is convicted of a felony or 3 or more 
                misdemeanors committed in the United States;
                    (C) is convicted of an offense, an element of which 
                involves bodily injury, threat of serious bodily 
                injury, or harm to property in excess of $500; or
                    (D) failed to perform the agricultural employment 
                required under paragraph (1)(A) of subsection (a) 
                unless the alien was unable to work in agricultural 
                employment due to the extraordinary circumstances 
                described in paragraph (3) of such subsection.
    (c) Grounds for Removal.--Any alien granted blue card status who 
does not apply for adjustment of status under this section before the 
expiration of the application period described in subsection (a)(4) or 
who fails to meet the other requirements of subsection (a) by the end 
of the application period, is deportable and may be removed under 
section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).
    (d) Payment of Taxes.--
            (1) In general.--Not later than the date on which an 
        alien's status is adjusted under this section, the alien shall 
        establish that the alien does not owe any applicable Federal 
        tax liability by establishing that--
                    (A) no such tax liability exists;
                    (B) all such outstanding tax liabilities have been 
                paid; or
                    (C) the alien has entered into an agreement for 
                payment of all outstanding liabilities with the 
                Internal Revenue Service.
            (2) Applicable federal tax liability.--In paragraph (1), 
        the term ``applicable Federal tax liability'' means liability 
        for Federal taxes, including penalties and interest, owed for 
        any year during the period of employment required under 
        subsection (a)(1) for which the statutory period for assessment 
        of any deficiency for such taxes has not expired.
            (3) IRS cooperation.--The Secretary of the Treasury shall 
        establish rules and procedures under which the Commissioner of 
        Internal Revenue shall provide documentation to an alien upon 
        request to establish the payment of all taxes required under 
        this subsection.
    (e) Spouses and Minor Children.--
            (1) In general.--Notwithstanding any other provision of 
        law, the Secretary shall confer the status of lawful permanent 
        resident on the spouse and minor child of an alien granted any 
        adjustment of status under subsection (a), including any 
        individual who was a minor child on the date such alien was 
        granted blue card status, if the spouse or minor child applies 
        for such status, or if the principal alien includes the spouse 
        or minor child in an application for adjustment of status to 
        that of a lawful permanent resident.
            (2) Treatment of spouses and minor children.--
                    (A) Granting of status and removal.--The Secretary 
                shall grant derivative status to the alien spouse and 
                any minor child residing in the United States of an 
                alien granted blue card status and shall not remove 
                such derivative spouse or child during the period that 
                the alien granted blue card status maintains such 
                status, except as provided in paragraph (3). A grant of 
                derivative status to such a spouse or child under this 
                subparagraph shall not decrease the number of aliens 
                who may receive blue card status under section 151(h).
                    (B) Travel.--The derivative spouse and any minor 
                child of an alien granted blue card status may travel 
                outside the United States in the same manner as an 
                alien lawfully admitted for permanent residence.
                    (C) Employment.--The derivative spouse of an alien 
                granted blue card status may apply to the Secretary for 
                a work permit to authorize such spouse to engage in any 
                lawful employment in the United States while such alien 
                maintains blue card status.
            (3) Grounds for denial of adjustment of status and 
        removal.--The Secretary shall deny an alien spouse or child 
        adjustment of status under paragraph (1) and may remove such 
        spouse or child under section 240 of the Immigration and 
        Nationality Act (8 U.S.C. 1229a) if the spouse or child--
                    (A) commits an act that makes the alien spouse or 
                child inadmissible to the United States under section 
                212 of such Act (8 U.S.C. 1182), except as provided 
                under section 154(a)(2);
                    (B) is convicted of a felony or 3 or more 
                misdemeanors committed in the United States; or
                    (C) is convicted of an offense, an element of which 
                involves bodily injury, threat of serious bodily 
                injury, or harm to property in excess of $500.

SEC. 154. OTHER PROVISIONS.

    (a) Waiver of Numerical Limitations and Certain Grounds for 
Inadmissibility.--
            (1) Numerical limitations do not apply.--The numerical 
        limitations of sections 201 and 202 of the Immigration and 
        Nationality Act (8 U.S.C. 1151 and 1152) shall not apply to the 
        adjustment of aliens to lawful permanent resident status under 
        section 153.
            (2) Waiver of certain grounds of inadmissibility.--In the 
        determination of an alien's eligibility for status under 
        section 101(a) or an alien's eligibility for adjustment of 
        status under section 153(b)(2)(A) the following rules shall 
        apply:
                    (A) Grounds of exclusion not applicable.--The 
                provisions of paragraphs (5), (6)(A), (7), and (9) of 
                section 212(a) of the Immigration and Nationality Act 
                (8 U.S.C. 1182(a)) shall not apply.
                    (B) Waiver of other grounds.--
                            (i) In general.--Except as provided in 
                        subparagraph (B), the Secretary may waive any 
                        other provision of such section 212(a) in the 
                        case of individual aliens for humanitarian 
                        purposes, to ensure family unity, or if 
                        otherwise in the public interest.
                            (ii) Grounds that may not be waived.--
                        Subparagraphs (A), (B), (C), (D), (G), (H), and 
                        (I) of paragraph (2) and paragraphs (3) and (4) 
                        of such section 212(a) may not be waived by the 
                        Secretary under subparagraph (A).
                            (iii) Construction.--Nothing in this 
                        paragraph may be construed as affecting the 
                        authority of the Secretary other than under 
                        this subparagraph to waive provisions under 
                        such section 212(a).
                    (C) Special rule for determination of public 
                charge.--An alien is not ineligible for blue card 
                status or an adjustment of status under section 153 by 
                reason of a ground of inadmissibility under section 
                212(a)(4) of the Immigration and Nationality Act (8 
                U.S.C. 1182(a)(4)) if the alien demonstrates a history 
                of employment in the United States evidencing self-
                support without reliance on public cash assistance.
            (3) Temporary stay of removal and work authorization for 
        certain applicants.--
                    (A) Before application period.--Effective on the 
                date of the enactment of this Act, the Secretary shall 
                provide that, in the case of an alien who is 
                apprehended before the beginning of the application 
                period described in section 151(a)(2) and who can 
                establish a nonfrivolous case of eligibility for blue 
                card status (but for the fact that the alien may not 
                apply for such status until the beginning of such 
                period), until the alien has had the opportunity during 
                the first 30 days of the application period to complete 
                the filing of an application for blue card status, the 
                alien--
                            (i) may not be removed; and
                            (ii) shall be granted authorization to 
                        engage in employment in the United States and 
                        be provided an employment authorized 
                        endorsement or other appropriate work permit 
                        for such purpose.
                    (B) During application period.--The Secretary shall 
                provide that, in the case of an alien who presents a 
                nonfrivolous application for blue card status during 
                the application period described in section 151(a)(2), 
                including an alien who files such an application within 
                30 days of the alien's apprehension, and until a final 
                determination on the application has been made in 
                accordance with this section, the alien--
                            (i) may not be removed; and
                            (ii) shall be granted authorization to 
                        engage in employment in the United States and 
                        be provided an employment authorized 
                        endorsement or other appropriate work permit 
                        for such purpose.
    (b) Administrative and Judicial Review.--
            (1) In general.--There shall be no administrative or 
        judicial review of a determination respecting an application 
        for blue card status or adjustment of status under section 153 
        except in accordance with this section.
            (2) Administrative review.--
                    (A) Single level of administrative appellate 
                review.--The Secretary shall establish an appellate 
                authority to provide for a single level of 
                administrative appellate review of such a 
                determination.
                    (B) Standard for review.--Such administrative 
                appellate review shall be based solely upon the 
                administrative record established at the time of the 
                determination on the application and upon such 
                additional or newly discovered evidence as may not have 
                been available at the time of the determination.
            (3) Judicial review.--
                    (A) Limitation to review of removal.--There shall 
                be judicial review of such a determination only in the 
                judicial review of an order of removal under section 
                242 of the Immigration and Nationality Act (8 U.S.C. 
                1252).
                    (B) Standard for judicial review.--Such judicial 
                review shall be based solely upon the administrative 
                record established at the time of the review by the 
                appellate authority and the findings of fact and 
                determinations contained in such record shall be 
                conclusive unless the applicant can establish abuse of 
                discretion or that the findings are directly contrary 
                to clear and convincing facts contained in the record 
                considered as a whole.
    (c) Use of Information.--Beginning not later than the first day of 
the application period described in section 151(a)(2), the Secretary, 
in cooperation with qualified designated entities (as that term is 
defined in section 152(b)), shall broadly disseminate information 
respecting the benefits that aliens may receive under this part and the 
requirements that an alien is required to meet to receive such 
benefits.
    (d) Regulations, Effective Date, Authorization of Appropriations.--
            (1) Regulations.--The Secretary shall issue regulations to 
        implement this chapter not later than the first day of the 
        seventh month that begins after the date of the enactment of 
        this Act.
            (2) Effective date.--This chapter shall take effect on the 
        date that regulations required under subsection (a) are issued, 
        regardless of whether such regulations are issued on an interim 
        basis or on any other basis.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated to the Secretary such sums as may be 
        necessary to implement this part, including any sums needed for 
        costs associated with the initiation of such implementation, 
        for fiscal years 2012 and 2013.

SEC. 155. CORRECTION OF SOCIAL SECURITY RECORDS.

    (a) In General.--Section 208(e)(1) of the Social Security Act (42 
U.S.C. 408(e)(1)) is amended--
            (1) in subparagraph (B)(ii), by striking ``or'' at the end;
            (2) in subparagraph (C), by inserting ``or'' at the end;
            (3) by inserting after subparagraph (C) the following:
                    ``(D) who is granted blue card status under the 
                AgJOBS Act of 2011.''; and
            (4) by striking ``1990.'' and inserting ``1990, or in the 
        case of an alien described in subparagraph (D), if such conduct 
        is alleged to have occurred before the date on which the alien 
        was granted blue card status.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the first day of the seventh month that begins after the 
date of the enactment of this Act.

SEC. 156. DETERMINATION AND USE OF USER FEES.

    (a) Schedule of Fees.--The Secretary shall establish and 
periodically adjust a schedule of fees for the employment of aliens 
pursuant to the amendment made by section 159 and a collection process 
for such fees from employers. Such fees shall be the only fees 
chargeable to employers for services provided under such amendment.
    (b) Determination of Schedule.--
            (1) In general.--The schedule under subsection (a) shall 
        reflect a fee rate based on the number of job opportunities 
        indicated in the employer's application under section 218 of 
        the Immigration and Nationality Act, as amended by section 159, 
        and sufficient to provide for the direct costs of providing 
        services related to an employer's authorization to employ 
        aliens pursuant to the amendment made by section 159(a), to 
        include the certification of eligible employers, the issuance 
        of documentation, and the admission of eligible aliens.
            (2) Procedure.--
                    (A) In general.--In establishing and adjusting such 
                a schedule, the Secretary shall comply with Federal 
                cost accounting and fee setting standards.
                    (B) Publication and comment.--The Secretary shall 
                publish in the Federal Register an initial fee schedule 
                and associated collection process and the cost data or 
                estimates upon which such fee schedule is based, and 
                any subsequent amendments thereto, pursuant to which 
                public comment shall be sought and a final rule issued.
    (c) Use of Proceeds.--Notwithstanding any other provision of law, 
all proceeds resulting from the payment of the fees pursuant to the 
amendment made by section 159 shall be available without further 
appropriation and shall remain available without fiscal year limitation 
to reimburse the Secretary, the Secretary of State, and the Secretary 
of Labor for the costs of carrying out--
            (1) sections 218 and 218B of the Immigration and 
        Nationality Act, as added by section 159; and
            (2) the provisions of this part.
    (d) Effective Date.--This section and the amendments made by 
section 159 shall take effect 1 year after the date of the enactment of 
this Act.

SEC. 157. RULEMAKING.

    (a) Requirement for the Secretary To Consult.--The Secretary shall 
consult with the Secretary of Labor and the Secretary of Agriculture 
during the promulgation of all regulations to implement the duties of 
the Secretary under this Act and the amendments made by this Act.
    (b) Requirement for the Secretary of State To Consult.--The 
Secretary of State shall consult with the Secretary, the Secretary of 
Labor, and the Secretary of Agriculture on all regulations to implement 
the duties of the Secretary of State under this Act and the amendments 
made by this Act.
    (c) Requirement for the Secretary of Labor To Consult.--The 
Secretary of Labor shall consult with the Secretary of Agriculture and 
the Secretary on all regulations to implement the duties of the 
Secretary of Labor under this Act and the amendments made by this Act.
    (d) Deadline for Issuance of Regulations.--All regulations to 
implement the duties of the Secretary, the Secretary of State, and the 
Secretary of Labor created under sections 218, 218A, 218B, 218C, and 
218D of the Immigration and Nationality Act, as amended or added by 
section 159 of this Act--
            (1) shall take effect on the effective date of section 159; 
        and
            (2) shall be issued not later than 1 year after the date of 
        the enactment of this Act.

SEC. 158. REPORTS TO CONGRESS.

    (a) Annual Report.--Not later than September 30 of each year, the 
Secretary shall submit a report to Congress that identifies, for the 
previous year--
            (1) the number of job opportunities approved for employment 
        of aliens admitted under section 101(a)(15)(H)(ii)(a) of the 
        Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(H)(ii)(a)), and the number of workers actually 
        admitted, disaggregated by State and by occupation;
            (2) the number of such aliens reported to have abandoned 
        employment pursuant to section 218B(e)(2) of such Act;
            (3) the number of such aliens who departed the United 
        States within the period specified in section 218B(d) of such 
        Act;
            (4) the number of aliens who applied for blue card status 
        pursuant to section 151(a);
            (5) the number of aliens who were granted such status 
        pursuant section 151(a);
            (6) the number of aliens who applied for an adjustment of 
        status pursuant to section 153(a); and
            (7) the number of aliens who received an adjustment of 
        status pursuant section 153(a).
    (b) Implementation Report.--Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall prepare and submit a 
report to Congress that describes the measures being taken and the 
progress made in implementing this part.

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

SEC. 159. AMENDMENTS TO THE IMMIGRATION AND NATIONALITY ACT.

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

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

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

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

    ``(a) Preferential Treatment of Aliens Prohibited.--Employers 
seeking to hire United States workers shall offer the United States 
workers no less than the same benefits, wages, and working conditions 
that the employer is offering, intends to offer, or will provide to H-
2A workers. Conversely, no job offer may impose on United States 
workers any restrictions or obligations which will not be imposed on 
the employer's H-2A workers.
    ``(b) Minimum Benefits, Wages, and Working Conditions.--Except in 
cases where higher benefits, wages, or working conditions are required 
by the provisions of subsection (a), in order to protect similarly 
employed United States workers from adverse effects with respect to 
benefits, wages, and working conditions, every job offer which shall 
accompany an application under section 218(b)(2) shall include each of 
the following benefit, wage, and working condition provisions:
            ``(1) Requirement to provide housing or a housing 
        allowance.--
                    ``(A) In general.--An employer applying under 
                section 218(a) for H-2A workers shall offer to provide 
                housing at no cost to all workers in job opportunities 
                for which the employer has applied under that section 
                and to all other workers in the same occupation at the 
                place of employment, whose place of residence is beyond 
                normal commuting distance.
                    ``(B) Type of housing.--In complying with 
                subparagraph (A), an employer may, at the employer's 
                election, provide housing that meets applicable Federal 
                standards for temporary labor camps or secure housing 
                that meets applicable local standards for rental or 
                public accommodation housing or other substantially 
                similar class of habitation, or in the absence of 
                applicable local standards, State standards for rental 
                or public accommodation housing or other substantially 
                similar class of habitation. In the absence of 
                applicable local or State standards, Federal temporary 
                labor camp standards shall apply.
                    ``(C) Family housing.--If it is the prevailing 
                practice in the occupation and area of intended 
                employment to provide family housing, family housing 
                shall be provided to workers with families who request 
                it.
                    ``(D) Workers engaged in the range production of 
                livestock.--The Secretary of Labor shall issue 
                regulations that address the specific requirements for 
                the provision of housing to workers engaged in the 
                range production of livestock.
                    ``(E) Limitation.--Nothing in this paragraph shall 
                be construed to require an employer to provide or 
                secure housing for persons who were not entitled to 
                such housing under the temporary labor certification 
                regulations in effect on June 1, 1986.
                    ``(F) Charges for housing.--
                            ``(i) Charges for public housing.--If 
                        public housing provided for migrant 
                        agricultural workers under the auspices of a 
                        local, county, or State government is secured 
                        by an employer, and use of the public housing 
                        unit normally requires charges from migrant 
                        workers, such charges shall be paid by the 
                        employer directly to the appropriate individual 
                        or entity affiliated with the housing's 
                        management.
                            ``(ii) Deposit charges.--Charges in the 
                        form of deposits for bedding or other similar 
                        incidentals related to housing shall not be 
                        levied upon workers by employers who provide 
                        housing for their workers. An employer may 
                        require a worker found to have been responsible 
                        for damage to such housing which is not the 
                        result of normal wear and tear related to 
                        habitation to reimburse the employer for the 
                        reasonable cost of repair of such damage.
                    ``(G) Housing allowance as alternative.--
                            ``(i) In general.--If the requirement set 
                        out in clause (ii) is satisfied, the employer 
                        may provide a reasonable housing allowance 
                        instead of offering housing under subparagraph 
                        (A). Upon the request of a worker seeking 
                        assistance in locating housing, the employer 
                        shall make a good faith effort to assist the 
                        worker in identifying and locating housing in 
                        the area of intended employment. An employer 
                        who offers a housing allowance to a worker, or 
                        assists a worker in locating housing which the 
                        worker occupies, pursuant to this clause shall 
                        not be deemed a housing provider under section 
                        203 of the Migrant and Seasonal Agricultural 
                        Worker Protection Act (29 U.S.C. 1823) solely 
                        by virtue of providing such housing allowance. 
                        No housing allowance may be used for housing 
                        which is owned or controlled by the employer.
                            ``(ii) Certification.--The requirement of 
                        this clause is satisfied if the Governor of the 
                        State certifies to the Secretary of Labor that 
                        there is adequate housing available in the area 
                        of intended employment for migrant farm workers 
                        and H-2A workers who are seeking temporary 
                        housing while employed in agricultural work. 
                        Such certification shall expire after 3 years 
                        unless renewed by the Governor of the State.
                            ``(iii) Amount of allowance.--
                                    ``(I) Nonmetropolitan counties.--If 
                                the place of employment of the workers 
                                provided an allowance under this 
                                subparagraph is a nonmetropolitan 
                                county, the amount of the housing 
                                allowance under this subparagraph shall 
                                be equal to the statewide average fair 
                                market rental for existing housing for 
                                nonmetropolitan counties for the State, 
                                as established by the Secretary of 
                                Housing and Urban Development pursuant 
                                to section 8(c) of the United States 
                                Housing Act of 1937 (42 U.S.C. 
                                1437f(c)), based on a 2-bedroom 
                                dwelling unit and an assumption of 2 
                                persons per bedroom.
                                    ``(II) Metropolitan counties.--If 
                                the place of employment of the workers 
                                provided an allowance under this 
                                paragraph is in a metropolitan county, 
                                the amount of the housing allowance 
                                under this subparagraph shall be equal 
                                to the statewide average fair market 
                                rental for existing housing for 
                                metropolitan counties for the State, as 
                                established by the Secretary of Housing 
                                and Urban Development pursuant to 
                                section 8(c) of the United States 
                                Housing Act of 1937 (42 U.S.C. 
                                1437f(c)), based on a 2-bedroom 
                                dwelling unit and an assumption of 2 
                                persons per bedroom.
            ``(2) Reimbursement of transportation.--
                    ``(A) To place of employment.--A worker who 
                completes 50 percent of the period of employment of the 
                job opportunity for which the worker was hired shall be 
                reimbursed by the employer for the cost of the worker's 
                transportation and subsistence from the place from 
                which the worker came to work for the employer (or 
                place of last employment, if the worker traveled from 
                such place) to the place of employment.
                    ``(B) From place of employment.--A worker who 
                completes the period of employment for the job 
                opportunity involved shall be reimbursed by the 
                employer for the cost of the worker`s transportation 
                and subsistence from the place of employment to the 
                place from which the worker, disregarding intervening 
                employment, came to work for the employer, or to the 
                place of next employment, if the worker has contracted 
                with a subsequent employer who has not agreed to 
                provide or pay for the worker's transportation and 
                subsistence to such subsequent employer's place of 
                employment.
                    ``(C) Limitation.--
                            ``(i) Amount of reimbursement.--Except as 
                        provided in clause (ii), the amount of 
                        reimbursement provided under subparagraph (A) 
                        or (B) to a worker or alien shall not exceed 
                        the lesser of--
                                    ``(I) the actual cost to the worker 
                                or alien of the transportation and 
                                subsistence involved; or
                                    ``(II) the most economical and 
                                reasonable common carrier 
                                transportation charges and subsistence 
                                costs for the distance involved.
                            ``(ii) Distance traveled.--No reimbursement 
                        under subparagraph (A) or (B) shall be required 
                        if the distance traveled is 100 miles or less, 
                        or the worker is not residing in employer-
                        provided housing or housing secured through an 
                        allowance as provided in paragraph (1)(G).
                    ``(D) Early termination.--If the worker is laid off 
                or employment is terminated for contract impossibility 
                (as described in paragraph (4)(D)) before the 
                anticipated ending date of employment, the employer 
                shall provide the transportation and subsistence 
                required by subparagraph (B) and, notwithstanding 
                whether the worker has completed 50 percent of the 
                period of employment, shall provide the transportation 
                reimbursement required by subparagraph (A).
                    ``(E) Transportation between living quarters and 
                worksite.--The employer shall provide transportation 
                between the worker's living quarters and the employer's 
                worksite without cost to the worker, and such 
                transportation will be in accordance with applicable 
                laws and regulations.
            ``(3) Required wages.--
                    ``(A) In general.--An employer applying for workers 
                under section 218(a) shall offer to pay, and shall pay, 
                all workers in the occupation for which the employer 
                has applied for workers, not less (and is not required 
                to pay more) than the greater of the prevailing wage in 
                the occupation in the area of intended employment or 
                the adverse effect wage rate. No worker shall be paid 
                less than the greater of the hourly wage prescribed 
                under section 6(a)(1) of the Fair Labor Standards Act 
                of 1938 (29 U.S.C. 206(a)(1)) or the applicable State 
                minimum wage.
                    ``(B) Limitation.--Effective on the date of the 
                enactment of the Comprehensive Immigration Reform Act 
                of 2011 and continuing for 3 years thereafter, no 
                adverse effect wage rate for a State may be more than 
                the adverse effect wage rate for that State in effect 
                on January 1, 2011, as established by section 655.107 
                of title 20, Code of Federal Regulations.
                    ``(C) Required wages after 3-year freeze.--
                            ``(i) First adjustment.--If Congress does 
                        not set a new wage standard applicable to this 
                        section before the first March 1 that is not 
                        less than 3 years after the date of the 
                        enactment of this section, the adverse effect 
                        wage rate for each State beginning on such 
                        March 1 shall be the wage rate that would have 
                        resulted if the adverse effect wage rate in 
                        effect on January 1, 2011, had been annually 
                        adjusted, beginning on March 1, 2014, by the 
                        lesser of--
                                    ``(I) the 12-month percentage 
                                change in the Consumer Price Index for 
                                All Urban Consumers between December of 
                                the second preceding year and December 
                                of the preceding year; and
                                    ``(II) 4 percent.
                            ``(ii) Subsequent annual adjustments.--
                        Beginning on the first March 1 that is not less 
                        than 4 years after the date of the enactment of 
                        this section, and each March 1 thereafter, the 
                        adverse effect wage rate then in effect for 
                        each State shall be adjusted by the lesser of--
                                    ``(I) the 12-month percentage 
                                change in the Consumer Price Index for 
                                All Urban Consumers between December of 
                                the second preceding year and December 
                                of the preceding year; and
                                    ``(II) 4 percent.
                    ``(D) Deductions.--The employer shall make only 
                those deductions from the worker`s wages that are 
                authorized by law or are reasonable and customary in 
                the occupation and area of employment. The job offer 
                shall specify all deductions not required by law which 
                the employer will make from the worker's wages.
                    ``(E) Frequency of pay.--The employer shall pay the 
                worker not less frequently than twice monthly, or in 
                accordance with the prevailing practice in the area of 
                employment, whichever is more frequent.
                    ``(F) Hours and earnings statements.--The employer 
                shall furnish to the worker, on or before each payday, 
                in 1 or more written statements--
                            ``(i) the worker's total earnings for the 
                        pay period;
                            ``(ii) the worker's hourly rate of pay, 
                        piece rate of pay, or both;
                            ``(iii) the hours of employment which have 
                        been offered to the worker (broken out by hours 
                        offered in accordance with and over and above 
                        the \3/4\ guarantee described in paragraph (4);
                            ``(iv) the hours actually worked by the 
                        worker;
                            ``(v) an itemization of the deductions made 
                        from the worker's wages; and
                            ``(vi) if piece rates of pay are used, the 
                        units produced daily.
                    ``(G) Report on wage protections.--Not later than 
                December 31, 2012, the Comptroller General of the 
                United States shall submit a report to the Secretary of 
                Labor, the Committee on the Judiciary of the Senate, 
                and the Committee on the Judiciary of the House of 
                Representatives that addresses--
                            ``(i) whether the employment of H-2A or 
                        unauthorized aliens in the United States 
                        agricultural workforce has depressed United 
                        States farm worker wages below the levels that 
                        would otherwise have prevailed if alien farm 
                        workers had not been employed in the United 
                        States;
                            ``(ii) whether an adverse effect wage rate 
                        is necessary to prevent wages of United States 
                        farm workers in occupations in which H-2A 
                        workers are employed from falling below the 
                        wage levels that would have prevailed in the 
                        absence of the employment of H-2A workers in 
                        those occupations;
                            ``(iii) whether alternative wage standards, 
                        such as a prevailing wage standard, would be 
                        sufficient to prevent wages in occupations in 
                        which H-2A workers are employed from falling 
                        below the wage level that would have prevailed 
                        in the absence of H-2A employment;
                            ``(iv) whether any changes are warranted in 
                        the current methodologies for calculating the 
                        adverse effect wage rate and the prevailing 
                        wage; and
                            ``(v) recommendations for future wage 
                        protection under this section.
                    ``(H) Commission on wage standards.--
                            ``(i) Establishment.--There is established 
                        the Commission on Agricultural Wage Standards 
                        under the H-2A program (in this subparagraph 
                        referred to as the `Commission').
                            ``(ii) Composition.--The Commission shall 
                        consist of 10 members as follows:
                                    ``(I) Four representatives of 
                                agricultural employers and 1 
                                representative of the Department of 
                                Agriculture, each appointed by the 
                                Secretary of Agriculture.
                                    ``(II) Four representatives of 
                                agricultural workers and 1 
                                representative of the Department of 
                                Labor, each appointed by the Secretary 
                                of Labor.
                            ``(iii) Functions.--The Commission shall 
                        conduct a study that shall address--
                                    ``(I) whether the employment of H-
                                2A or unauthorized aliens in the United 
                                States agricultural workforce has 
                                depressed United States farm worker 
                                wages below the levels that would 
                                otherwise have prevailed if alien farm 
                                workers had not been employed in the 
                                United States;
                                    ``(II) whether an adverse effect 
                                wage rate is necessary to prevent wages 
                                of United States farm workers in 
                                occupations in which H-2A workers are 
                                employed from falling below the wage 
                                levels that would have prevailed in the 
                                absence of the employment of H-2A 
                                workers in those occupations;
                                    ``(III) whether alternative wage 
                                standards, such as a prevailing wage 
                                standard, would be sufficient to 
                                prevent wages in occupations in which 
                                H-2A workers are employed from falling 
                                below the wage level that would have 
                                prevailed in the absence of H-2A 
                                employment;
                                    ``(IV) whether any changes are 
                                warranted in the current methodologies 
                                for calculating the adverse effect wage 
                                rate and the prevailing wage rate; and
                                    ``(V) recommendations for future 
                                wage protection under this section.
                            ``(iv) Final report.--Not later than 
                        December 31, 2012, the Commission shall submit 
                        a report to the Congress setting forth the 
                        findings of the study conducted under clause 
                        (iii).
                            ``(v) Termination date.--The Commission 
                        shall terminate upon submitting its final 
                        report.
            ``(4) Guarantee of employment.--
                    ``(A) Offer to worker.--The employer shall 
                guarantee to offer the worker employment for the hourly 
                equivalent of at least \3/4\ of the work days of the 
                total period of employment, beginning with the first 
                work day after the arrival of the worker at the place 
                of employment and ending on the expiration date 
                specified in the job offer. For purposes of this 
                subparagraph, the hourly equivalent means the number of 
                hours in the work days as stated in the job offer and 
                shall exclude the worker's Sabbath and Federal 
                holidays. If the employer affords the United States or 
                H-2A worker less employment than that required under 
                this paragraph, the employer shall pay such worker the 
                amount which the worker would have earned had the 
                worker, in fact, worked for the guaranteed number of 
                hours.
                    ``(B) Failure to work.--Any hours which the worker 
                fails to work, up to a maximum of the number of hours 
                specified in the job offer for a work day, when the 
                worker has been offered an opportunity to do so, and 
                all hours of work actually performed (including 
                voluntary work in excess of the number of hours 
                specified in the job offer in a work day, on the 
                worker's Sabbath, or on Federal holidays) may be 
                counted by the employer in calculating whether the 
                period of guaranteed employment has been met.
                    ``(C) Abandonment of employment, termination for 
                cause.--If the worker voluntarily abandons employment 
                before the end of the contract period, or is terminated 
                for cause, the worker is not entitled to the \3/4\ 
                guarantee described in subparagraph (A).
                    ``(D) Contract impossibility.--If, before the 
                expiration of the period of employment specified in the 
                job offer, the services of the worker are no longer 
                required for reasons beyond the control of the employer 
                due to any form of natural disaster, including a flood, 
                hurricane, freeze, earthquake, fire, drought, plant or 
                animal disease or pest infestation, or regulatory 
                drought, before the guarantee in subparagraph (A) is 
                fulfilled, the employer may terminate the worker's 
                employment. In the event of such termination, the 
                employer shall fulfill the employment guarantee in 
                subparagraph (A) for the work days that have elapsed 
                from the first work day after the arrival of the worker 
                to the termination of employment. In such cases, the 
                employer will make efforts to transfer the United 
                States worker to other comparable employment acceptable 
                to the worker. If such transfer is not effected, the 
                employer shall provide the return transportation 
                required in paragraph (2)(D).
            ``(5) Motor vehicle safety.--
                    ``(A) Mode of transportation subject to coverage.--
                            ``(i) In general.--Except as provided in 
                        clauses (iii) and (iv), this subsection applies 
                        to any H-2A employer that uses or causes to be 
                        used any vehicle to transport an H-2A worker 
                        within the United States.
                            ``(ii) Defined term.--In this paragraph, 
                        the term `uses or causes to be used'--
                                    ``(I) applies only to 
                                transportation provided by an H-2A 
                                employer to an H-2A worker, or by a 
                                farm labor contractor to an H-2A worker 
                                at the request or direction of an H-2A 
                                employer; and
                                    ``(II) does not apply to--
                                            ``(aa) transportation 
                                        provided, or transportation 
                                        arrangements made, by an H-2A 
                                        worker, unless the employer 
                                        specifically requested or 
                                        arranged such transportation; 
                                        or
                                            ``(bb) car pooling 
                                        arrangements made by H-2A 
                                        workers themselves, using 1 of 
                                        the workers' own vehicles, 
                                        unless specifically requested 
                                        by the employer directly or 
                                        through a farm labor 
                                        contractor.
                            ``(iii) Clarification.--Providing a job 
                        offer to an H-2A worker that causes the worker 
                        to travel to or from the place of employment, 
                        or the payment or reimbursement of the 
                        transportation costs of an H-2A worker by an H-
                        2A employer, shall not constitute an 
                        arrangement of, or participation in, such 
                        transportation.
                            ``(iv) Agricultural machinery and equipment 
                        excluded.--This subsection does not apply to 
                        the transportation of an H-2A worker on a 
                        tractor, combine, harvester, picker, or other 
                        similar machinery or equipment while such 
                        worker is actually engaged in the planting, 
                        cultivating, or harvesting of agricultural 
                        commodities or the care of livestock or poultry 
                        or engaged in transportation incidental 
                        thereto.
                            ``(v) Common carriers excluded.--This 
                        subsection does not apply to common carrier 
                        motor vehicle transportation in which the 
                        provider holds itself out to the general public 
                        as engaging in the transportation of passengers 
                        for hire and holds a valid certification of 
                        authorization for such purposes from an 
                        appropriate Federal, State, or local agency.
                    ``(B) Applicability of standards, licensing, and 
                insurance requirements.--
                            ``(i) In general.--When using, or causing 
                        to be used, any vehicle for the purpose of 
                        providing transportation to which this 
                        subparagraph applies, each employer shall--
                                    ``(I) ensure that each such vehicle 
                                conforms to the standards prescribed by 
                                the Secretary of Labor under section 
                                401(b) of the Migrant and Seasonal 
                                Agricultural Worker Protection Act (29 
                                U.S.C. 1841(b)) and other applicable 
                                Federal and State safety standards;
                                    ``(II) ensure that each driver has 
                                a valid and appropriate license, as 
                                provided by State law, to operate the 
                                vehicle; and
                                    ``(III) have an insurance policy or 
                                a liability bond that is in effect 
                                which insures the employer against 
                                liability for damage to persons or 
                                property arising from the ownership, 
                                operation, or causing to be operated, 
                                of any vehicle used to transport any H-
                                2A worker.
                            ``(ii) Amount of insurance required.--The 
                        level of insurance required shall be determined 
                        by the Secretary of Labor pursuant to 
                        regulations to be issued under this subsection.
                            ``(iii) Effect of workers' compensation 
                        coverage.--If the employer of any H-2A worker 
                        provides workers' compensation coverage for 
                        such worker in the case of bodily injury or 
                        death as provided by State law, the following 
                        adjustments in the requirements of subparagraph 
                        (B)(i)(III) relating to having an insurance 
                        policy or liability bond apply:
                                    ``(I) No insurance policy or 
                                liability bond shall be required of the 
                                employer, if such workers are 
                                transported only under circumstances 
                                for which there is coverage under such 
                                State law.
                                    ``(II) An insurance policy or 
                                liability bond shall be required of the 
                                employer for circumstances under which 
                                coverage for the transportation of such 
                                workers is not provided under such 
                                State law.
    ``(c) Compliance With Labor Laws.--An employer shall assure that, 
except as otherwise provided in this section, the employer will comply 
with all applicable Federal, State, and local labor laws, including 
laws affecting migrant and seasonal agricultural workers, with respect 
to all United States workers and alien workers employed by the 
employer, except that a violation of this assurance shall not 
constitute a violation of the Migrant and Seasonal Agricultural Worker 
Protection Act (29 U.S.C. 1801 et seq.).
    ``(d) Copy of Job Offer.--The employer shall provide to the worker, 
not later than the day the work commences, a copy of the employer's 
application and job offer described in section 218(a), or, if the 
employer will require the worker to enter into a separate employment 
contract covering the employment in question, such separate employment 
contract.
    ``(e) Range Production of Livestock.--Nothing in this section, 
section 218, or section 218B shall preclude the Secretary of Labor and 
the Secretary from continuing to apply special procedures and 
requirements to the admission and employment of aliens in occupations 
involving the range production of livestock.

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

    ``(a) Petitioning for Admission.--An employer, or an association 
acting as an agent or joint employer for its members, that seeks the 
admission into the United States of an H-2A worker may file a petition 
with the Secretary. The petition shall be accompanied by an accepted 
and currently valid certification provided by the Secretary of Labor 
under section 218(e)(2)(B) covering the petitioner.
    ``(b) Expedited Adjudication by the Secretary.--The Secretary shall 
establish a procedure for expedited adjudication of petitions filed 
under subsection (a) and within 7 working days shall, by fax, cable, or 
other means assuring expedited delivery, transmit a copy of notice of 
action on the petition to the petitioner and, in the case of approved 
petitions, to the appropriate immigration officer at the port of entry 
or United States consulate (as the case may be) where the petitioner 
has indicated that the alien beneficiary (or beneficiaries) will apply 
for a visa or admission to the United States.
    ``(c) Criteria for Admissibility.--
            ``(1) In general.--An H-2A worker shall be considered 
        admissible to the United States if the alien--
                    ``(A) is otherwise admissible under this section, 
                section 218, and section 218A; and
                    ``(B) is not ineligible under paragraph (2).
            ``(2) Disqualification.--An alien shall be considered 
        inadmissible to the United States and ineligible for 
        nonimmigrant status under section 101(a)(15)(H)(ii)(a) if the 
        alien has, at any time during the past 5 years--
                    ``(A) violated a material provision of this 
                section, including the requirement to promptly depart 
                the United States when the alien's authorized period of 
                admission under this section has expired; or
                    ``(B) otherwise violated a term or condition of 
                admission into the United States as a nonimmigrant, 
                including overstaying the period of authorized 
                admission as such a nonimmigrant.
            ``(3) Waiver of ineligibility for unlawful presence.--
                    ``(A) In general.--An alien who has not previously 
                been admitted into the United States pursuant to this 
                section, and who is otherwise eligible for admission in 
                accordance with paragraphs (1) and (2), shall not be 
                deemed inadmissible by virtue of section 212(a)(9)(B). 
                If an alien described in the preceding sentence is 
                present in the United States, the alien may apply from 
                abroad for H-2A worker status, but may not be granted 
                that status in the United States.
                    ``(B) Maintenance of waiver.--An alien provided an 
                initial waiver of ineligibility pursuant to 
                subparagraph (A) shall remain eligible for such waiver 
                unless the alien violates the terms of this section or 
                again becomes ineligible under section 212(a)(9)(B) by 
                virtue of unlawful presence in the United States after 
                the date of the initial waiver of ineligibility 
                pursuant to subparagraph (A).
    ``(d) Period of Admission.--
            ``(1) In general.--The alien shall be admitted for the 
        period of employment in the application certified by the 
        Secretary of Labor pursuant to section 218(e)(2)(B), not to 
        exceed 10 months, supplemented by a period of not more than 1 
        week before the beginning of the period of employment for the 
        purpose of travel to the worksite and a period of 14 days 
        following the period of employment for the purpose of departure 
        or extension based on a subsequent offer of employment, except 
        that--
                    ``(A) the alien is not authorized to be employed 
                during such 14-day period except in the employment for 
                which the alien was previously authorized; and
                    ``(B) the total period of employment, including 
                such 14-day period, may not exceed 10 months.
            ``(2) Construction.--Nothing in this subsection may be 
        construed to limit the authority of the Secretary to extend the 
        stay of the alien under any other provision of this Act.
    ``(e) Abandonment of Employment.--
            ``(1) In general.--An alien admitted or provided status 
        under section 101(a)(15)(H)(ii)(a) who abandons the employment 
        which was the basis for such admission or status shall be 
        considered to have failed to maintain nonimmigrant status as an 
        H-2A worker and shall depart the United States or be subject to 
        removal under section 237(a)(1)(C)(i).
            ``(2) Report by employer.--The employer, or association 
        acting as agent for the employer, shall notify the Secretary 
        not later than 7 days after an H-2A worker prematurely abandons 
        employment.
            ``(3) Removal by the secretary.--The Secretary shall 
        promptly remove from the United States any H-2A worker who 
        violates any term or condition of the worker's nonimmigrant 
        status.
            ``(4) Voluntary termination.--Notwithstanding paragraph 
        (1), an alien may voluntarily terminate his or her employment 
        if the alien promptly departs the United States upon 
        termination of such employment.
    ``(f) Replacement of Alien.--
            ``(1) In general.--Upon presentation of the notice to the 
        Secretary required by subsection (e)(2), the Secretary of State 
        shall promptly issue a visa to, and the Secretary shall admit 
        into the United States, an eligible alien designated by the 
        employer to replace an H-2A worker--
                    ``(A) who abandons or prematurely terminates 
                employment; or
                    ``(B) whose employment is terminated after a United 
                States worker is employed pursuant to section 
                218(b)(2)(H)(iii), if the United States worker 
                voluntarily departs before the end of the period of 
                intended employment or if the employment termination is 
                for a lawful job-related reason.
            ``(2) Construction.--Nothing in this subsection may be 
        construed to limit any preference required to be accorded 
        United States workers under any other provision of this Act.
    ``(g) Identification Document.--
            ``(1) In general.--Each alien authorized to be admitted 
        under section 101(a)(15)(H)(ii)(a) shall be provided an 
        identification and employment eligibility document to verify 
        eligibility for employment in the United States and verify the 
        alien's identity.
            ``(2) Requirements.--No identification and employment 
        eligibility document may be issued which does not meet the 
        following requirements:
                    ``(A) The document shall be capable of reliably 
                determining whether--
                            ``(i) the individual with the 
                        identification and employment eligibility 
                        document whose eligibility is being verified is 
                        in fact eligible for employment;
                            ``(ii) the individual whose eligibility is 
                        being verified is claiming the identity of 
                        another person; and
                            ``(iii) the individual whose eligibility is 
                        being verified is authorized to be admitted 
                        into, and employed in, the United States as an 
                        H-2A worker.
                    ``(B) The document shall be in a form that is 
                resistant to counterfeiting and to tampering.
                    ``(C) The document shall--
                            ``(i) be compatible with other databases of 
                        the Secretary for the purpose of excluding 
                        aliens from benefits for which they are not 
                        eligible and determining whether the alien is 
                        unlawfully present in the United States; and
                            ``(ii) be compatible with law enforcement 
                        databases to determine if the alien has been 
                        convicted of criminal offenses.
    ``(h) Extension of Stay of H-2A Aliens in the United States.--
            ``(1) Extension of stay.--If an employer seeks approval to 
        employ an H-2A alien who is lawfully present in the United 
        States, the petition filed by the employer or an association 
        pursuant to subsection (a), shall request an extension of the 
        alien's stay and a change in the alien's employment.
            ``(2) Limitation on filing a petition for extension of 
        stay.--A petition may not be filed for an extension of an 
        alien's stay--
                    ``(A) for a period of more than 10 months; or
                    ``(B) to a date that is more than 3 years after the 
                date of the alien's last admission to the United States 
                under this section.
            ``(3) Work authorization upon filing a petition for 
        extension of stay.--
                    ``(A) In general.--An alien who is lawfully present 
                in the United States may commence the employment 
                described in a petition under paragraph (1) on the date 
                on which the petition is filed.
                    ``(B) Definition.--In subparagraph (A), the term 
                `file' means sending the petition by certified mail via 
                the United States Postal Service, return receipt 
                requested, or delivered by guaranteed commercial 
                delivery which will provide the employer with a 
                documented acknowledgment of the date of receipt of the 
                petition.
                    ``(C) Handling of petition.--The employer shall 
                provide a copy of the employer's petition to the alien, 
                who shall keep the petition with the alien's 
                identification and employment eligibility document as 
                evidence that the petition has been filed and that the 
                alien is authorized to work in the United States.
                    ``(D) Approval of petition.--Upon approval of a 
                petition for an extension of stay or change in the 
                alien's authorized employment, the Secretary shall 
                provide a new or updated employment eligibility 
                document to the alien indicating the new validity date, 
                after which the alien is not required to retain a copy 
                of the petition.
            ``(4) Limitation on employment authorization of aliens 
        without valid identification and employment eligibility 
        document.--An expired identification and employment eligibility 
        document, together with a copy of a petition for extension of 
        stay or change in the alien's authorized employment that 
        complies with the requirements of paragraph (1), shall 
        constitute a valid work authorization document for a period of 
        not more than 60 days beginning on the date on which such 
        petition is filed, after which time only a currently valid 
        identification and employment eligibility document shall be 
        acceptable.
            ``(5) Limitation on an individual's stay in status.--
                    ``(A) Maximum period.--The maximum continuous 
                period of authorized status as an H-2A worker 
                (including any extensions) is 3 years.
                    ``(B) Requirement to remain outside the united 
                states.--
                            ``(i) In general.--Subject to clause (ii), 
                        in the case of an alien outside the United 
                        States whose period of authorized status as an 
                        H-2A worker (including any extensions) has 
                        expired, the alien may not again apply for 
                        admission to the United States as an H-2A 
                        worker unless the alien has remained outside 
                        the United States for a continuous period equal 
                        to at least \1/5\ the duration of the alien's 
                        previous period of authorized status as an H-2A 
                        worker (including any extensions).
                            ``(ii) Exception.--Clause (i) shall not 
                        apply in the case of an alien--
                                    ``(I) whose period of authorized 
                                status as an H-2A worker (including any 
                                extensions) was for a period of not 
                                more than 10 months; and
                                    ``(II) has been outside the United 
                                States for at least 2 months during the 
                                12-month period immediately preceding 
                                the date on which the alien is 
                                reapplying for admission to the United 
                                States as an H-2A worker.
    ``(i) Special Rules for Aliens Employed as Sheepherders, Goat 
Herders, or Dairy Workers.--Notwithstanding any provision of the 
Comprehensive Immigration Reform Act of 2011, an alien admitted under 
section 101(a)(15)(H)(ii)(a) for employment as a sheepherder, goat 
herder, or dairy worker--
            ``(1) may be admitted for an initial period of 12 months;
            ``(2) subject to subsection (j)(5), may have such initial 
        period of admission extended for a period of up to 3 years; and
            ``(3) shall not be subject to the requirements of 
        subsection (h)(5) (relating to periods of absence from the 
        United States).
    ``(j) Adjustment to Lawful Permanent Resident Status for Aliens 
Employed as Sheepherders, Goat Herders, or Dairy Workers.--
            ``(1) Eligible alien.--In this subsection, the term 
        `eligible alien' means an alien--
                    ``(A) having nonimmigrant status under section 
                101(a)(15)(H)(ii)(a) based on employment as a 
                sheepherder, goat herder, or dairy worker;
                    ``(B) who has maintained such nonimmigrant status 
                in the United States for a cumulative total of 36 
                months (excluding any period of absence from the United 
                States); and
                    ``(C) who is seeking to receive an immigrant visa 
                under section 203(b)(3)(A)(iii).
            ``(2) Classification petition.--In the case of an eligible 
        alien, the petition under section 204 for classification under 
        section 203(b)(3)(A)(iii) may be filed by--
                    ``(A) the alien's employer on behalf of the 
                eligible alien; or
                    ``(B) the eligible alien.
            ``(3) No labor certification required.--Notwithstanding 
        section 203(b)(3)(C), no determination under section 
        212(a)(5)(A) is required with respect to an immigrant visa 
        described in paragraph (1)(C) for an eligible alien.
            ``(4) Effect of petition.--The filing of a petition 
        described in paragraph (2) or an application for adjustment of 
        status based on the approval of such a petition shall not 
        constitute evidence of an alien's ineligibility for 
        nonimmigrant status under section 101(a)(15)(H)(ii)(a).
            ``(5) Extension of stay.--The Secretary shall extend the 
        stay of an eligible alien having a pending or approved 
        classification petition described in paragraph (2) in 1-year 
        increments until a final determination is made on the alien's 
        eligibility for adjustment of status to that of an alien 
        lawfully admitted for permanent residence.
            ``(6) Construction.--Nothing in this subsection shall be 
        construed to prevent an eligible alien from seeking adjustment 
        of status in accordance with any other provision of law.

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

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

``SEC. 218D. DEFINITIONS.

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

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

                     PART VI--FAMILY UNITY REFORMS

SEC. 161. PROMOTING FAMILY UNITY.

    (a) Unlawfully Present Aliens.--Section 212(a)(9) (8 U.S.C. 
1182(a)(9)) is amended by striking subparagraphs (B) and (C) and 
inserting the following:
                    ``(B) Aliens unlawfully present.--
                            ``(i) In general.--Subject to clause (iii), 
                        any alien (other than an alien lawfully 
                        admitted for permanent residence) who has been 
                        unlawfully present in the United States for 1 
                        year or more is inadmissible until such time as 
                        the alien departs or is removed and remains 
                        outside of the United States for a period of 3 
                        consecutive years.
                            ``(ii) Construction of unlawful presence.--
                        For purposes of this paragraph, an alien is 
                        deemed to be unlawfully present in the United 
                        States if the alien is present in the United 
                        States after the expiration of the period of 
                        stay authorized by the Secretary or is present 
                        in the United States without being admitted or 
                        paroled.
                            ``(iii) Exceptions.--
                                    ``(I) Minors.--No period of time in 
                                which an alien is under 21 years of age 
                                shall be taken into account in 
                                determining the period of unlawful 
                                presence in the United States under 
                                clause (i).
                                    ``(II) Asylees.--No period of time 
                                in which an alien has a bona fide 
                                application for asylum pending under 
                                section shall be taken into account in 
                                determining the period of unlawful 
                                presence in the United States under 
                                clause (i) unless the alien during such 
                                period was employed without 
                                authorization in the United States.
                                    ``(III) Family unity.--No period of 
                                time in which the alien is a 
                                beneficiary of family unity protection 
                                pursuant to section of the Immigration 
                                Act of 1990 shall be taken into account 
                                in determining the period of unlawful 
                                presence in the United States under 
                                clause (I).
                                    ``(IV) Battered women and 
                                children.--Clause (i) shall not apply 
                                to an alien who would be described in 
                                paragraph (6)(A)(ii) if `violation of 
                                the terms of the alien's nonimmigrant 
                                visa' were substituted for `unlawful 
                                entry into the United States' in 
                                subclause (III) of that paragraph.
                                    ``(V) Trafficking victims.--Clause 
                                (i) shall not apply to an alien who 
                                demonstrates that the severe form of 
                                trafficking (as that term is defined in 
                                section 103 of the Trafficking Victims 
                                Protection Act of 2000 (22 U.S.C. 
                                7102)) was at least 1 central reason 
                                for the alien's unlawful presence in 
                                the United States.
                                    ``(VI) Immigrant visas.--Clause (i) 
                                shall not apply to an alien for whom an 
                                immigrant visa is available or was 
                                available on or before the date of the 
                                enactment of the Comprehensive 
                                Immigration Reform Act of 2011, and is 
                                otherwise admissible to the United 
                                States for permanent residence.
                                    ``(VII) Prior unlawful presence.--
                                Any unlawful presence accrued by an 
                                alien as of the date of enactment of 
                                the Comprehensive Immigration Reform 
                                Act of 2011 shall not be considered 
                                unlawful presence for the purpose of 
                                the subparagraph if such alien was as 
                                of the date of enactment of the 
                                Comprehensive Immigration Reform Act of 
                                2011--
                                            ``(aa) the beneficiary of a 
                                        pending or approved petition 
                                        for classification as an 
                                        immediate relative (as 
                                        described in section 
                                        201(b)(2));
                                            ``(bb) the beneficiary of a 
                                        pending or approved petition 
                                        under section 203(a) or (b); or
                                            ``(cc) a derivative 
                                        beneficiary of a pending or 
                                        approved petition for 
                                        classification as an immediate 
                                        relative or under section 
                                        203(a) or (b).
                            ``(iv) Tolling for good cause.--In the case 
                        of an alien who--
                                    ``(I) has been lawfully admitted or 
                                paroled into the United States;
                                    ``(II) has filed a nonfrivolous 
                                application for a change or extension 
                                of status before the date of expiration 
                                of the period of stay authorized by the 
                                Secretary; and
                                    ``(III) has not been employed 
                                without authorization in the United 
                                States before or during the pendency of 
                                such application, the calculation of 
                                the period of time specified in clause 
                                (i)(I) shall be tolled during the 
                                pendency of such application, but not 
                                to exceed 120 days.
                            ``(v) Waiver.--The Secretary may waive the 
                        applicability of clause (i) for an immigrant 
                        who is the spouse, son, daughter, or parent of 
                        a United States citizen or of an alien lawfully 
                        admitted for permanent residence if the 
                        Secretary determines that--
                                    ``(I) the refusal of admission to 
                                such immigrant alien would result in 
                                hardship to the alien or to the citizen 
                                or lawfully resident spouse, son, 
                                daughter, or parent of such alien;
                                    ``(II) a waiver is necessary for 
                                humanitarian purposes or the public 
                                interest or to ensure family unity in 
                                the case of an alien who is eligible 
                                for an immigrant visa under section 201 
                                or 203; or
                                    ``(III) the alien should be 
                                permitted to depart the United States 
                                voluntarily pursuant to section 
                                240B(a)(1).''.
    (b) False Claims and Misrepresentations.--Title II (8 U.S.C. 1151 
et seq.) is amended--
            (1) in section 212 (8 U.S.C. 1182)--
                    (A) in subsection (a)(6)(C)--
                            (i) in clause (ii), by inserting ``and 
                        willfully'' after ``falsely'' each place such 
                        term appears; and
                            (ii) in clause (iii), by striking ``of 
                        clause (i)''; and
                    (B) in subsection (i), by amending paragraph (1) to 
                read as follows:
            ``(1) The Attorney General or the Secretary of Homeland 
        Security may, in the discretion of the Attorney General or the 
        Secretary, waive the application of subsection (a)(6)(C) if it 
        is established to the satisfaction of the Attorney General or 
        the Secretary that the refusal of admission to the United 
        States would--
                    ``(A) result in extreme hardship to the alien or, 
                in the case of an immigrant who is the parent, spouse, 
                son, or daughter of a United States citizen or of an 
                alien lawfully admitted for permanent residence, to the 
                citizen or lawfully resident parent, spouse, son, or 
                daughter; or
                    ``(B) in the case of a VAWA self-petitioner, result 
                in significant hardship to the alien or the alien's 
                United States citizen, lawful permanent resident, or 
                qualified alien parent or child.''; and
            (2) in section 237(a)(3)(D) (8 U.S.C. 1227(a)(3)(D)), by 
        inserting ``and willfully'' after ``falsely'' each place such 
        term appears.

SEC. 162. EFFECTIVE LEGALIZATION PROGRAM FUNDING.

    (a) Department of Homeland Security Legalization Program Account.--
            (1) Establishment.--There is established in the General 
        Fund of the Treasury a separate account, which shall be known 
        as the ``Department of Homeland Security Legalization Program 
        Account''.
            (2) Source of funds.--The Secretary of the Treasury shall 
        immediately transfer such sums as the Secretary of Homeland 
        Security determines to be necessary from the General Fund of 
        the Treasury to the Department of Homeland Security 
        Legalization Program Account.
            (3) Authorization of appropriations.--
                    (A) In general.--There are authorized to be 
                appropriated, for the purposes described in 
                subparagraph (B), such sums as are transferred pursuant 
                to paragraph (2), which shall remain available for 
                obligation during the 10-year period beginning on the 
                date of the enactment of this Act.
                    (B) Use of funds.--Amounts appropriated pursuant to 
                subparagraph (A) may be used by the Secretary to 
                implement and operate the legalization programs and 
                activities described in this subtitle, including--
                            (i) infrastructure, staffing, and 
                        adjudication activities;
                            (ii) outreach activities;
                            (iii) grants to community and faith-based 
                        organizations; and
                            (iv) anti-fraud programs and actions 
                        relating to such legalization programs.
            (4) Report.--
                    (A) In general.--Not later than 90 days after the 
                date of the enactment of this Act, and annually 
                thereafter, the Secretary shall provide a plan to the 
                congressional committees set forth in subparagraph (B) 
                that describes how funds made available under paragraph 
                (3) will be expended, including--
                            (i) 1-time and on-going costs;
                            (ii) the level of funding for each program, 
                        project, and activity, including whether such 
                        funding will supplement a program, project, or 
                        activity receiving Federal funding otherwise 
                        appropriated; and
                            (iii) the amount of funding to be obligated 
                        in each fiscal year, by program, project, and 
                        activity.
                    (B) Congressional committees.--The congressional 
                committees set forth in the subparagraph are--
                            (i) the Committee on the Judiciary of the 
                        Senate;
                            (ii) the Committee on Appropriations of the 
                        Senate;
                            (iii) the Committee on the Judiciary of the 
                        House of Representatives; and
                            (iv) the Committee on Appropriations of the 
                        House of Representatives.
    (b) Department of State Legalization Program Account.--
            (1) Establishment.--There is established in the General 
        Fund of the Treasury a separate account, which shall be known 
        as the ``Department of State Legalization Program Account''.
            (2) Source of funds.--The Secretary of the Treasury shall 
        immediately transfer such sums as the Secretary of State 
        determines to be necessary from the General Fund of the 
        Treasury to the Department of State Legalization Program 
        Account.
            (3) Authorization of appropriations.--
                    (A) In general.--There are authorized to be 
                appropriated, for the purposes described in 
                subparagraph (B), such sums as are transferred pursuant 
                to paragraph (2), which shall remain available for 
                obligation during the 10-year period beginning on the 
                date of the enactment of this Act.
                    (B) Use of funds.--Amounts appropriated pursuant to 
                subparagraph (A) may be used by the Secretary of State 
                to implement and operate the legalization programs and 
                activities described in this subtitle, including--
                            (i) infrastructure, staffing, and 
                        adjudication activities;
                            (ii) outreach activities; and
                            (iii) anti-fraud programs and actions 
                        relating to such legalization programs.
            (4) Report.--Not later than 90 days after the date of the 
        enactment of this Act, and annually thereafter, the Secretary 
        of State shall provide a plan to the congressional committees 
        set forth in subsection (a)(4)(B) that describes how funds made 
        available under paragraph (3) will be expended, including--
                    (A) 1-time and on-going costs;
                    (B) the level of funding for each program, project, 
                and activity, including whether such funding will 
                supplement a program, project, or activity receiving 
                Federal funding otherwise appropriated; and
                    (C) the amount of funding to be obligated in each 
                fiscal year, by program, project, and activity.
    (c) Immigration Reform Penalty Account.--
            (1) Establishment.--There is established in the General 
        Fund of the Treasury a separate account, which shall be known 
        as the ``Immigration Reform Penalty Account''.
            (2) Source of funds.--Notwithstanding any other provision 
        of this Act, there shall be deposited into the Immigration 
        Reform Penalty Account all civil penalties collected under 
        section 274A of the Immigration and Nationality Act (8 U.S.C. 
        1324a) and this subtitle, except as specifically provided 
        otherwise in this subtitle.
            (3) Use of funds.--Amounts deposited into the Immigration 
        Reform Penalty Account shall remain available to the Secretary 
        until expended in the following priority order:
                    (A) Any costs incurred in implementing and 
                operating the immigration services programs described 
                in this subtitle that are not otherwise paid for with--
                            (i) funds from the Department of Homeland 
                        Security Legalization Program Account; or
                            (ii) processing fees described in section 
                        111(c)(4)(A).
                    (B) Any amount remaining in the account after the 
                costs described in subparagraph (A) have been paid for 
                shall be deposited into the General Fund of the 
                Treasury to the extent necessary to reimburse the 
                General Fund for funds transferred to the Department of 
                Homeland Security Legalization Program Account under 
                subsection (a)(2).
                    (C) Of the amount, if any, remaining in the account 
                after the reimbursement described in subparagraph (B)--
                            (i) \1/3\ shall be allocated to the 
                        Secretary to carry out investigation and 
                        prevention of fraud in--
                                    (I) the legalization programs 
                                established under this subtitle; and
                                    (II) the employment verification 
                                programs established under subtitle B;
                            (ii) \1/3\ shall be allocated to the 
                        Secretary for immigrant integration programs, 
                        including English-language and United States 
                        civics instruction;
                            (iii) \1/6\ shall be allocated to the 
                        Secretary for immigration services; and
                            (iv) \1/6\ shall be allocated to the 
                        Secretary for immigration enforcement.
    (d) Construction.--Nothing in this section may be construed to 
modify or limit any authority to collect and use immigration fees under 
this Act, section 286 of the Immigration and Nationality Act (8 U.S.C. 
1356), or any other law.

                    Subtitle B--Worksite Enforcement

SEC. 171. UNLAWFUL EMPLOYMENT OF ALIENS.

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

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

    ``(a) In General.--
            ``(1) In general.--It is unlawful for an employer--
                    ``(A) to hire an alien for employment in the United 
                States knowing or with reckless disregard that the 
                alien is an unauthorized alien with respect to such 
                employment; or
                    ``(B) to hire for employment in the United States 
                an individual without complying with the requirements 
                under subsections (c) and (d).
            ``(2) Continuing employment.--It is unlawful for an 
        employer, after hiring an alien for employment, to continue to 
        employ the alien in the United States knowing or with reckless 
        disregard that the alien is, or has become, an unauthorized 
        alien with respect to such employment. Nothing in this section 
        may be construed to prohibit or to require the employment of an 
        authorized employee who was previously unauthorized.
            ``(3) Use of labor through contract.--
                    ``(A) In general.--Any person or entity who uses a 
                contract, subcontract, or exchange to obtain the labor 
                of an alien in the United States knowing or with 
                reckless disregard that the alien is an unauthorized 
                alien with respect to performing such labor, shall be 
                deemed to have hired the alien for employment in the 
                United States in violation of subparagraph (a)(1)(A).
                    ``(B) Contract requirement.--For purposes of 
                ensuring compliance with Federal immigration law, the 
                Secretary may require by regulation that a person or 
                entity include in a written contract or subcontract an 
                effective and enforceable requirement that the 
                contractor or subcontractor adhere to the immigration 
                laws, including the use of an employment verification 
                system (referred to in this section as the `System').
                    ``(C) Confirmation procedures.--The Secretary may 
                establish procedures by which a person or entity may 
                obtain confirmation from the Secretary that the 
                contractor or subcontractor has registered with the 
                System and is utilizing the System to verify its 
                employees.
                    ``(D) Other requirements.--The Secretary may 
                establish such other requirements for persons or 
                entities using contractors or subcontractors, including 
                procedures adapted to different employment sectors, as 
                the Secretary deems necessary to prevent knowing 
                violations of this paragraph.
            ``(4) Defense.--
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C), an employer that establishes that it has complied 
                in good faith with the requirements under paragraphs 
                (1) through (4) of subsection (c) (pertaining to 
                document verification requirements) and subsection (d) 
                (pertaining to the use of the System) has established 
                an affirmative defense that the employer has not 
                violated subsection (a)(1)(A) with respect to such 
                hiring until such time as the Secretary has required an 
                employer to participate in the System.
                    ``(B) Voluntary participation.--If an employer is 
                participating on a voluntary basis pursuant to 
                subsection (d), a defense may be established under this 
                paragraph without a showing of compliance with 
                subsection (d).
                    ``(C) Additional requirements.--To establish a 
                defense under this paragraph, the employer shall also 
                be in compliance with any additional requirements that 
                the Secretary may promulgate by regulation pursuant to 
                subsections (c) and (d).
            ``(5) Presumption.--An employer is presumed to have acted 
        with knowledge or reckless disregard if the employer fails to 
        comply with written standards, procedures, or instructions 
        issued by the Secretary.
    ``(b) Definitions.--In this section:
            ``(1) Employer.--The term `employer'--
                    ``(A) means any person or entity hiring an 
                individual for employment in the United States, 
                including--
                            ``(i) any person or entity who is an agent 
                        acting on behalf of an employer; and
                            ``(ii) entities in any branch of the 
                        Federal Government; and
                    ``(B) does not include a person or entity with 
                fewer than 5 full- or part-time employees, for purposes 
                of any requirement to participate in the System under 
                subsection (d), except as it relates to subsection 
                (d)(2)(H).
            ``(2) Unauthorized alien.--The term `unauthorized alien' 
        means, with respect to the employment of an alien at a 
        particular time, that the alien is not--
                    ``(A) an alien lawfully admitted for permanent 
                residence; or
                    ``(B) authorized to be so employed under this Act 
                or by the Secretary.
    ``(c) Document Verification Requirements.--Any employer hiring an 
individual for employment in the United States shall take the following 
steps, and those provided in subsection (d), to verify that the 
individual is authorized to work in the United States:
            ``(1) Attestation after examination of documentation.--
                    ``(A) In general.--The employer shall attest, under 
                penalty of perjury and on a form prescribed by the 
                Secretary, that it has verified the identity and 
                employment authorization status of the individual by 
                examining--
                            ``(i) a document described in subparagraph 
                        (B); or
                            ``(ii) a document described in subparagraph 
                        (C) and a document described in subparagraph 
                        (D).
                The form prescribed by the Secretary may be electronic 
                or on paper, and may be integrated electronically with 
                the requirements under subsection (d), if the Secretary 
                determines that combining the requirements in (c) and 
                (d) would improve efficiency of the verification 
                requirements. Such attestation may be manifested by 
                either a handwritten or digital signature. An employer 
                has complied with the requirements of this paragraph 
                with respect to examination of documentation if the 
                employer has followed applicable regulations and any 
                written procedures or instructions provided by the 
                Secretary, and if a reasonable person would conclude 
                that the documentation is genuine and relates to the 
                individual presenting it, taking into account any 
                information provided to the employer by the Secretary, 
                including photographs and other biometric information.
                    ``(B) Documents establishing both employment 
                authorization and identity.--A document described in 
                this subparagraph is an individual's--
                            ``(i) United States passport or passport 
                        card issued pursuant to the Secretary of 
                        State's authority under section 211a of title 
                        22, United States Code;
                            ``(ii) permanent resident card or other 
                        document issued to aliens authorized to work in 
                        the United States, as designated by the 
                        Secretary, if the document--
                                    ``(I) contains a photograph of the 
                                individual, other biometric data such 
                                as fingerprints, or such other personal 
                                identifying information relating to the 
                                individual as the Secretary finds, by 
                                regulation, sufficient for the purposes 
                                of this subsection;
                                    ``(II) is evidence of authorization 
                                for employment in the United States; 
                                and
                                    ``(III) contains security features 
                                to make it resistant to tampering, 
                                counterfeiting, and fraudulent use;
                            ``(iii) enhanced driver's license, enhanced 
                        identification card, or enhanced tribal card 
                        issued to a citizen of the United States, 
                        provided that the Secretary has certified by 
                        notice published in the Federal Register that 
                        such enhanced document is suitable for use 
                        under this subparagraph based upon the accuracy 
                        and security of the issuance process, security 
                        features on the document, and such other 
                        factors as the Secretary may determine; or
                            ``(iv) a passport issued by the Federated 
                        States of Micronesia (FSM) or the Republic of 
                        the Marshall Islands (RMI) with evidence of 
                        nonimmigrant admission to the United States 
                        under the Compact of Free Association between 
                        the United States and the FSM or the RMI.
                    ``(C) Documents establishing identity of 
                individual.--A document described in this subparagraph 
                includes--
                            ``(i) an individual's driver's license or 
                        identity card issued by a State or an outlying 
                        possession of the United States, a Federally 
                        recognized Indian tribe, or an agency 
                        (including military) of the Federal government 
                        if the driver's license or identity card 
                        includes, at a minimum,--
                                    ``(I) the individual's photograph, 
                                name, date of birth, gender, and 
                                driver's license or identification card 
                                number, and
                                    ``(II) security features to make it 
                                resistant to tampering, counterfeiting, 
                                and fraudulent use, or
                            ``(ii) for individuals under 18 years of 
                        age who are unable to present a document listed 
                        in clause (i), documentation of personal 
                        identity of such other type as the Secretary 
                        finds provides a reliable means of 
                        identification, which may include an 
                        attestation as to the individual's identity by 
                        a person 21 years of age or older under penalty 
                        of perjury.
                    ``(D) Documents evidencing employment 
                authorization.--All documents shall be unexpired. The 
                following documents may be accepted as evidence of 
                employment authorization--
                            ``(i) a Social Security account number card 
                        issued by the Commissioner of Social Security 
                        (referred to in this section as the 
                        `Commissioner') other than a card which 
                        specifies on its face that the card is not 
                        valid for employment in the United States or 
                        has other similar words of limitation. The 
                        Secretary, in consultation with the 
                        Commissioner, may require by publication of a 
                        notice in the Federal Register that only a 
                        Social Security account number card described 
                        in section 173 of the CIR Act of 2011 be 
                        accepted for this purpose; or
                            ``(ii) any other documentation evidencing 
                        authorization of employment in the United 
                        States which the Secretary determines, by 
                        notice published in the Federal Register, to be 
                        acceptable for purposes of this section, 
                        provided that the document, including any 
                        electronic security measures linked to the 
                        document, contains security features to make it 
                        resistant to tampering, counterfeiting, and 
                        fraudulent use.
                    ``(E) Authority to prohibit use of certain 
                documents.--If the Secretary finds that any document or 
                class of documents described in subparagraph (B), (C), 
                or (D) does not reliably establish employment 
                authorization or identity or is being used fraudulently 
                to an unacceptable degree, the Secretary may prohibit 
                or restrict the use of that document or class of 
                documents for purposes of this subsection.
            ``(2) Individual attestation of employment authorization.--
        The individual shall attest, under penalty of perjury in the 
        form prescribed by the Secretary, that the individual is a 
        citizen or national of the United States, an alien lawfully 
        admitted for permanent residence, or an alien who is authorized 
        under this Act or by the Secretary to be hired for such 
        employment. Such attestation may be manifested by either a 
        hand-written or digital signature. The individual shall also 
        provide any Social Security Account Number issued to the 
        individual on such form.
            ``(3) Retention of verification record.--After completion 
        of such form in accordance with paragraphs (1) and (2), the 
        employer shall retain a paper, microfiche, microfilm, or 
        electronic version of the form, according to such standards as 
        the Secretary may provide, and make it available for inspection 
        by officers or employees of the Department of Homeland Security 
        (or persons designated by the Secretary), the Special Counsel 
        for Immigration-Related Unfair Employment Practices, or the 
        Department of Labor during a period beginning on the date of 
        the hiring of the individual and ending 7 years after such date 
        of hiring, or 2 years after the date the individual's 
        employment is terminated, whichever is later.
            ``(4) Copying of documentation and recordkeeping 
        required.--
                    ``(A) Notwithstanding any other provision of law, 
                the employer shall copy all documents presented by an 
                individual pursuant to this subsection and shall retain 
                a paper, microfiche, microfilm, or electronic copy, but 
                only (except as otherwise permitted under law) for the 
                purposes of complying with the requirements of this 
                section and section 274B. Such copies may be required 
                to reflect the signatures of the employer and the 
                employee, as well as the date of receipt. The Secretary 
                may authorize or require an alternative method of 
                storing and authenticating the employee's documentation 
                information if the Secretary determines that such 
                alternative method is more secure or efficient.
                    ``(B) The employer shall maintain records of all 
                actions and copies of any correspondence or action 
                taken by the employer to clarify or resolve any issue 
                as to the validity of the individual's identity or 
                employment authorization.
                    ``(C) The employer shall maintain the records 
                described in this paragraph for any employee for the 
                period of time required by paragraph (3) for retention 
                of that employee's verification form. The Secretary may 
                prescribe the manner of recordkeeping and may require 
                that additional records be kept or that additional 
                documents be copied and maintained. The Secretary in 
                furtherance of an investigation based on reasonable 
                suspicion of a violation of this act, may require that 
                these documents be transmitted electronically for 
                purposes of authorized inspections or other enforcement 
                actions, and may develop automated capabilities to 
                request such documents.
                    ``(D) An employer shall safeguard any information 
                retained under this paragraph and paragraph (3) and 
                protect any means of access to such information to 
                ensure that such information is not used for any 
                purpose other than as authorized in this paragraph or 
                paragraph (3) or to determine the identity and 
                employment eligibility of the individual, and to 
                protect the confidentiality of such information, 
                including ensuring that such information is not 
                provided to any person other than a person who carries 
                out the employer's responsibilities under this 
                subsection, except as provided in paragraph (3).
            ``(5) Penalties.--An employer that fails to comply with any 
        requirement of this subsection shall be penalized under 
        subsection (e)(4)(B).
            ``(6) Protection of civil rights.--
                    ``(A) Nothing in this section shall be construed to 
                prohibit any reasonable accommodation necessary to 
                protect the religious freedom of any individual, or to 
                ensure access to employment opportunities of any 
                disabled individual.
                    ``(B) The employer shall use the procedures for 
                document verification set forth in this paragraph for 
                all employees without regard to race, sex, national 
                origin, or, unless specifically permitted in this 
                section, to citizenship status.
            ``(7) Receipts.--The Secretary shall provide for the use of 
        receipts for replacement documents, and temporary evidence of 
        employment authorization by an individual to meet a 
        documentation requirement of this subsection on a temporary 
        basis not to exceed 1 year, pending satisfaction by the 
        individual of such requirement.
    ``(d) Employment Verification System.--
            ``(1) In general.--
                    ``(A) The Secretary, in consultation with the 
                Commissioner, shall implement and specify the 
                procedures for the System. The participating employers 
                shall timely register with the System and shall use the 
                System as described in subsection (d)(5).
                    ``(B) The Secretary shall create the necessary 
                processes to monitor the functioning of the System, 
                including the volume of the workflow, the speed of 
                processing of queries, the speed and accuracy of 
                responses, misuse of the System, fraud or identity 
                theft, whether use of the System results in wrongful 
                adverse actions or discrimination based upon a 
                prohibited factor against U.S. citizens or employment 
                authorized aliens, and the security, integrity and 
                privacy of the program.
            ``(2) Implementation schedule.--
                    ``(A) Federal government.--All employers within the 
                Executive, Legislative, or Judicial Branches of the 
                Federal Government shall participate in the System on 
                or after the date of enactment of this subsection as 
                follows--
                            ``(i) as of the date of enactment, to the 
                        extent required by section 402(e)(1) of the 
                        Illegal Immigration Reform and Immigrant 
                        Responsibility Act of 1996 as already 
                        implemented by each Branch; or
                            ``(ii) on or after the date that is 60 days 
                        after the date of enactment of this subsection,
                whichever is earlier, with respect to all newly hired 
                employees and employees with expiring employment 
                authorization.
                    ``(B) Federal contractors.--Federal contractors 
                shall participate in the System as provided in the 
                final rule published at 73 Federal Register 67,651 
                (Nov. 14, 2008), or any subsequent amendments to such 
                rule, for which purpose references to E-Verify in the 
                final rule shall be construed to apply to the System.
                    ``(C) Critical infrastructure.--As of the date that 
                is 1 year after the end of the application period for 
                lawful protective status under section 111(c)(1)(B) of 
                the Comprehensive Immigration Reform Act of 2011, the 
                Secretary, in the Secretary's discretion, with notice 
                to the public provided in the Federal Register, may 
                require any employer or industry which the Secretary 
                determines to be part of the critical infrastructure or 
                directly related to the national security or homeland 
                security of the United States to participate in the 
                System with respect to all newly hired employees and 
                employees with expiring employment authorization. The 
                Secretary shall notify employers subject to this 
                subparagraph no less than 60 days prior to such 
                required participation.
                    ``(D) Employers with more than 1,000 employees.--
                Not later than 2 years after the end of the application 
                period for lawful protective status under section 
                111(c)(1)(B), all employers with more than 1,000 
                employees shall participate in the System with respect 
                to all newly hired employees and employees with 
                expiring employment authorization.
                    ``(E) Employers with more than 500 employees.--Not 
                later than 3 years after the end of the application 
                period for lawful protective status under section 
                111(c)(1)(B), all employers with more than 500 
                employees shall participate in the System with respect 
                to all newly hired employees and employees with 
                expiring employment authorization.
                    ``(F) Employers with more than 100 employees.--Not 
                later than 4 years after the end of the application 
                period for lawful protective status under section 
                111(c)(1)(B), all employers with more than 100 
                employees shall participate in the System with respect 
                to all newly hired employees and employees with 
                expiring employment authorization.
                    ``(G) All employers.--Not later than 5 years after 
                the end of the application period for lawful protective 
                status under section 111(c)(1)(B), all employers shall 
                participate in the System with respect to all newly 
                hired employees and employees with expiring employment 
                authorization.
                    ``(H) Waiver.--
                            ``(i) Authorization.--The Secretary of 
                        Homeland Security may waive or delay the 
                        participation requirements under this paragraph 
                        with respect to any employer or class of 
                        employers if the Secretary provides notice to 
                        Congress of such waiver before the date on 
                        which such waiver is granted.
                            ``(ii) Requirement.--The Secretary of 
                        Homeland Security shall waive or delay the 
                        participation requirements under this paragraph 
                        with respect to any employer or class of 
                        employers--
                                    ``(I) until the date on which the 
                                Comptroller General of the United 
                                States submits the initial 
                                certification under paragraph (10)(E); 
                                and
                                    ``(II) during any year in which the 
                                Comptroller General fails to submit a 
                                certification under such paragraph.
                    ``(I) Immigration law violators.--An order finding 
                any employer to have violated section 274A, 274B, or 
                274C shall require the employer to participate in the 
                System with respect to newly hired employees and 
                employees with expiring employment authorization, if 
                such employer is not otherwise required to participate 
                in the System by this section. The Secretary shall 
                monitor such employer's compliance with System 
                procedures.
            ``(3) Participation in the system.--The Secretary may--
                    ``(A) permit any employer that is not required 
                under this section to participate in the System to do 
                so on a voluntary basis; and
                    ``(B) require any employer that is required to 
                participate in the System with respect to its newly 
                hired employees also to do so with respect to its 
                current workforce if the employer is determined by the 
                Secretary or other appropriate authority to have 
                engaged in any violation of the immigration laws.
            ``(4) Consequence of failure to participate.--If an 
        employer is required under this subsection to participate in 
        the System and fails to comply with the requirements of such 
        program with respect to an individual--
                    ``(A) such failure shall be treated as a violation 
                of subsection (a)(1)(B) with respect to that 
                individual, and
                    ``(B) a rebuttable presumption is created that the 
                employer has violated paragraph (1)(A) or (2) of 
                subsection (a), except in the case of any criminal 
                prosecution.
            ``(5) Procedures for participants in the system.--
                    ``(A) In general.--An employer participating in the 
                System shall register such participation with the 
                Secretary and conform to the following procedures in 
                the event of hiring any individual for employment in 
                the United States--
                            ``(i) Registration of employers.--The 
                        Secretary, through notice in the Federal 
                        Register, shall prescribe procedures that 
                        employers shall follow to register with the 
                        System. In prescribing these procedures, the 
                        Secretary shall have authority to require 
                        employers to provide--
                                    ``(I) employer's name;
                                    ``(II) employer's Employment 
                                Identification Number (EIN) and such 
                                other employer identification 
                                information as the Secretary may 
                                designate;
                                    ``(III) company address;
                                    ``(IV) name, date of birth, and 
                                position of the employer's employees 
                                accessing the System;
                                    ``(V) the information described in 
                                subclauses (I) through (IV) of this 
                                clause with respect to any agent, 
                                contractor, or other service provider 
                                accessing the System on the employer's 
                                behalf; and
                                    ``(VI) such other information as 
                                the Secretary deems necessary to ensure 
                                proper use and security of the System.
                            ``(ii) Updating information.--The employer 
                        is responsible for providing notice of any 
                        change to the information required under 
                        subclauses (I) through (V) of clause (i) before 
                        conducting any further inquiries within the 
                        System, or on such other schedule as the 
                        Secretary may provide.
                            ``(iii) Training.--The Secretary shall 
                        require employers to undergo such training to 
                        ensure proper use, protection of civil rights 
                        and civil liberties, privacy, integrity and 
                        security of the System. To the extent 
                        practicable, such training shall be made 
                        available electronically.
                            ``(iv) Notification to employees.--The 
                        employer shall post notice or otherwise inform 
                        individuals hired for employment of the use of 
                        the System, that the System may be used for 
                        immigration enforcement purposes, and that the 
                        System cannot be used to discriminate or to 
                        take adverse action against U.S. citizens or 
                        employment authorized aliens.
                            ``(v) Provision of additional 
                        information.--The employer shall obtain from 
                        the individual (and the individual shall 
                        provide) and shall record in such manner as the 
                        Secretary may specify--
                                    ``(I) the individual's Social 
                                Security account number, or any other 
                                information relevant to determining 
                                citizenship as the Secretary of 
                                Homeland Security may specify,
                                    ``(II) if the individual does not 
                                attest to United States nationality 
                                under subsection (c)(2), such 
                                identification or authorization number 
                                established by the Department of 
                                Homeland Security as the Secretary of 
                                Homeland Security shall specify, and
                                    ``(III) such other information as 
                                the Secretary may require to determine 
                                the identity and employment 
                                authorization of an employee.
                            ``(vi) Presentation of documentation.--The 
                        employer, and the individual whose identity and 
                        employment eligibility are being confirmed, 
                        shall fulfill the requirements of subsection 
                        (c).
                    ``(B) Seeking confirmation.--
                            ``(i) The employer shall use the System to 
                        provide to the Secretary all required 
                        information in order to initiate confirmation 
                        of the identity and employment eligibility of 
                        any individual no earlier than the date upon 
                        which the individual has accepted an offer of 
                        employment, and no later than 3 business days, 
                        or such other reasonable period as the 
                        Secretary may provide, after the date when 
                        employment begins. An employer may not, 
                        however, make the starting date of an 
                        individual's employment or training or any 
                        other term and condition of employment 
                        dependent on the receipt of a confirmation of 
                        identity and employment eligibility.
                            ``(ii) For reverification of an individual 
                        with a limited period of employment 
                        authorization, all required System procedures 
                        shall be initiated no later than 3 business 
                        days after the date the individual's employment 
                        authorization expires.
                            ``(iii) For those employers required by the 
                        Secretary to verify their entire workforce, the 
                        System can be used for initial verification of 
                        an individual hired before the employer is 
                        subject to the System, and the employer shall 
                        initiate all required procedures on or before 
                        such date as the Secretary shall specify.
                            ``(iv) The Secretary shall provide, and the 
                        employer shall utilize, as part of the System, 
                        a method of notifying employers of a 
                        confirmation or nonconfirmation of an 
                        individual's identity and employment 
                        eligibility, or a notice that further action is 
                        required to verify such identity or employment 
                        eligibility (`further action notice'). The 
                        Secretary and the Commissioner shall establish 
                        procedures to directly notify the individual, 
                        as well as the employer, of a confirmation, 
                        nonconfirmation, or further action notice, and 
                        provide information about filing an 
                        administrative appeal pursuant to paragraph 
                        (7). The Secretary and the Commissioner may 
                        provide for a phased-in implementation of the 
                        notification requirements of this clause as 
                        appropriate, but the notification system shall 
                        cover all inquiries not later than 5 years 
                        after the date of the enactment of the CIR Act 
                        of 2011.
                    ``(C) Confirmation or nonconfirmation.--
                            ``(i) Initial response.--The System shall 
                        provide a confirmation of an individual's 
                        identity and employment eligibility or a 
                        further action notice at the time of the 
                        inquiry, unless for technological reasons or 
                        due to unforeseen circumstances, the System is 
                        unable to provide such confirmation or further 
                        action notice. In such situations, the System 
                        shall provide a confirmation or further action 
                        notice within 3 business days of the initial 
                        inquiry. If providing a confirmation or further 
                        action notice, the System shall provide an 
                        appropriate code indicating such confirmation 
                        or such further action notice.
                            ``(ii) Confirmation upon initial inquiry.--
                        When the employer receives an appropriate 
                        confirmation of an individual's identity and 
                        employment eligibility under the System, the 
                        employer shall record the confirmation in such 
                        manner as the Secretary may specify.
                            ``(iii) Further action notice and later 
                        confirmation or nonconfirmation.--
                                    ``(I) Notification and 
                                acknowledgment that further action is 
                                required.--Not later than 3 business 
                                days after an employer's receipt of a 
                                further action notice of an 
                                individual's identity or employment 
                                eligibility under the System, the 
                                employer shall notify the individual 
                                for whom the confirmation is sought of 
                                the further action notice and any 
                                procedures specified by the Secretary 
                                for addressing such notice. The further 
                                action notice shall be given to the 
                                individual in writing. The individual 
                                shall affirmatively acknowledge in 
                                writing, or in such other manner as the 
                                Secretary may specify, the receipt of 
                                the further action notice from the 
                                employer. If the individual refuses to 
                                acknowledge the receipt of the further 
                                action notice, or acknowledges in 
                                writing that he or she will not contest 
                                the further action notice under 
                                subclause (II), the employer shall 
                                notify the Secretary in such manner as 
                                the Secretary may specify.
                                    ``(II) Contest.--Not later than 15 
                                business days after receiving 
                                notification of a further action notice 
                                under subclause (I), the individual 
                                shall contact the appropriate Federal 
                                agency and, if the Secretary so 
                                requires, appear in person for purposes 
                                of verifying the individual's identity 
                                and employment eligibility. The 
                                employer shall provide the individual 
                                with time as needed during daytime 
                                hours to contest the further action 
                                notice. The Secretary, in consultation 
                                with the Commissioner and other 
                                appropriate Federal agencies, shall 
                                specify an available secondary 
                                verification procedure to confirm the 
                                validity of information provided and to 
                                provide a confirmation or 
                                nonconfirmation.
                                    ``(III) No contest.--If the 
                                individual refuses to acknowledge 
                                receipt of the further action notice, 
                                acknowledges that he or she will not 
                                contest the further action notice as 
                                provided in subclause (I), or does not 
                                contact the appropriate Federal agency 
                                within the period specified in 
                                subclause (II), a nonconfirmation shall 
                                issue. The employer shall record the 
                                nonconfirmation in such manner as the 
                                Secretary may specify and terminate the 
                                individual's employment. An 
                                individual's failure to contest a 
                                further action notice shall not be 
                                considered an admission of guilt with 
                                respect to any violation of this 
                                section or any provision of law.
                                    ``(IV) Confirmation or 
                                nonconfirmation.--Unless the period is 
                                extended in accordance with this 
                                subclause, the System shall provide a 
                                confirmation or nonconfirmation within 
                                15 business days from the date that the 
                                individual contests the further action 
                                notice under subclause (II). If the 
                                Secretary determines that good cause 
                                exists, including to permit the 
                                individual to obtain and provide needed 
                                evidence of identity or employment 
                                eligibility, the Secretary shall extend 
                                the period for providing confirmation 
                                or nonconfirmation for stated periods 
                                beyond 15 business days. When 
                                confirmation or nonconfirmation is 
                                provided, the confirmation system shall 
                                provide an appropriate code indicating 
                                such confirmation or nonconfirmation.
                                    ``(V) Re-examination.--Nothing in 
                                this section shall prevent the 
                                Secretary from establishing procedures 
                                to reexamine a case where a 
                                confirmation or nonconfirmation has 
                                been provided if subsequently received 
                                information indicates that the 
                                confirmation or nonconfirmation may not 
                                have been correct.
                                    ``(VI) Employee protections.--In no 
                                case shall an employer terminate 
                                employment or take any other adverse 
                                action against an individual solely 
                                because of a failure of the individual 
                                to have identity and employment 
                                eligibility confirmed under this 
                                subsection until a nonconfirmation has 
                                been issued, and if the further action 
                                notice was contested, the period to 
                                timely file an administrative appeal 
                                has expired without an appeal, or in 
                                the case where an administrative appeal 
                                or an action for judicial review has 
                                been filed, or the stay of the 
                                nonconfirmation has been terminated.
                            ``(iv) Notice of nonconfirmation.--Not 
                        later than 3 business days after an employer's 
                        receipt of a nonconfirmation, the employer 
                        shall notify the individual who is the subject 
                        of the nonconfirmation, and provide information 
                        about filing an administrative appeal pursuant 
                        to paragraph (7). The nonconfirmation notice 
                        shall be given to the individual in writing. 
                        The individual shall affirmatively acknowledge 
                        in writing, or in such other manner as the 
                        Secretary may specify, the receipt of the 
                        nonconfirmation notice from the employer. If 
                        the individual refuses or fails to acknowledge 
                        the receipt of the nonconfirmation notice, the 
                        employer shall notify the Secretary in such 
                        manner as the Secretary may specify.
                    ``(D) Consequences of nonconfirmation.--
                            ``(i) Termination of continued 
                        employment.--Except as provided in clause 
                        (iii), if the employer has received a 
                        nonconfirmation regarding an individual and has 
                        notified the individual as required by 
                        subparagraph (C)(iv), the employer shall 
                        terminate employment of the individual upon the 
                        expiration of the time period as specified in 
                        paragraph (7)(A) for filing an administrative 
                        appeal, or immediately if the further action 
                        notice was not contested.
                            ``(ii) Continued employment after 
                        nonconfirmation.--If the employer, in violation 
                        of clause (i), continues to employ an 
                        individual after receiving nonconfirmation, a 
                        rebuttable presumption is created that the 
                        employer has violated subsections (a)(1)(A) and 
                        (a)(2) of this section. The previous sentence 
                        shall not apply in any prosecution under 
                        subsection (l)(1) of this section.
                            ``(iii) Effect of administrative appeal and 
                        judicial review.--If an individual files an 
                        administrative appeal of the nonconfirmation 
                        within the time period specified in paragraph 
                        (7)(A) and provides a copy of such appeal to 
                        the employer, the employer shall not terminate 
                        the individual's employment under this 
                        subparagraph prior to the resolution of the 
                        administrative appeal or an action for judicial 
                        review under paragraph (8)(A) unless the 
                        Secretary or Commissioner terminates the stay 
                        under paragraph (7)(B).
                    ``(E) Obligation to respond to queries and 
                additional information.--
                            ``(i) Employers are required to comply with 
                        requests for information from the Secretary, 
                        including queries concerning current and former 
                        employees (within the time frame during which 
                        records are required to be maintained under 
                        this section regarding such former employees) 
                        that relate to the functioning of the System, 
                        the accuracy of the responses provided by the 
                        System, and any suspected misuse, 
                        discrimination, fraud, or identity theft in the 
                        use of the System. Failure to comply with such 
                        a request is a violation of section (a)(1)(B).
                            ``(ii) Individuals being verified through 
                        the System may be required to take further 
                        action to address irregularities identified by 
                        the Secretary or the Commissioner in the 
                        documents relied upon for purposes of 
                        subsection (c). The employer shall communicate 
                        to the individual within 3 business days any 
                        such requirement for further actions and shall 
                        record the date and manner of such 
                        communication. The individual shall acknowledge 
                        in writing, or in such other manner as the 
                        Secretary may specify, the receipt of this 
                        communication from the employer. Failure to 
                        communicate such a requirement is a violation 
                        of section (a)(1)(B).
                            ``(iii) The Secretary is authorized, with 
                        notice to the public provided in the Federal 
                        Register, to implement, clarify, and supplement 
                        the requirements of this paragraph in order to 
                        facilitate the functioning, accuracy, and 
                        fairness of the System or to prevent misuse, 
                        discrimination, fraud, or identity theft in the 
                        use of the System.
                    ``(F) The Secretary may establish a process to 
                certify, on an annual basis or such other time frame as 
                the Secretary may provide, designated agents and other 
                System service providers seeking access to the System 
                to perform verification queries on behalf of employers, 
                based upon training, usage, and security standards 
                designated by the Secretary.
                    ``(G) No later than 3 months after the date of the 
                enactment of this section, the Secretary of Homeland 
                Security, in consultation with the Secretary of Labor, 
                the Secretary of Agriculture, the Commissioner of 
                Social Security, the Attorney General, the Equal 
                Employment Opportunity Commission, Office of Special 
                Counsel for Unfair Immigration Related Employment 
                Practices, and the Administrator of the Small Business 
                Administration, shall commence a campaign to 
                disseminate information respecting the procedures, 
                rights, and remedies prescribed under this section. 
                Such campaign shall be aimed at increasing the 
                knowledge of employers, employees, and the general 
                public concerning employer and employee rights, 
                responsibilities, and remedies under this section. The 
                Secretary shall assess the success of the campaign in 
                achieving its goals.
                            ``(i) In order to carry out and assess the 
                        campaign under this paragraph, the Secretary of 
                        Homeland Security may, to the extent deemed 
                        appropriate and subject to the availability of 
                        appropriations, contract with public and 
                        private organizations for outreach and 
                        assessment activities under the campaign.
                            ``(ii) There are authorized to be 
                        appropriated to carry out this paragraph 
                        $40,000,000 for each fiscal year 2012 through 
                        2014.
                    ``(H) Based on a regular review of the System and 
                the document verification procedures to identify misuse 
                or fraudulent use and to assess the security of the 
                documents and processes being used to establish 
                identity or employment authorization, the Secretary, in 
                consultation with the Commissioner, may modify the 
                documents or information that shall be presented to the 
                employer, the information that shall be provided to the 
                System by the employer, and the procedures that shall 
                be followed by employers with respect to any aspect of 
                the System if the Secretary, in the Secretary's 
                discretion, concludes that the modification is 
                necessary to ensure that the System accurately and 
                reliably determines the identity and employment 
                authorization of employees while providing protection 
                against misuse, discrimination, fraud, and identity 
                theft.
                    ``(I) Subject to appropriate safeguards to prevent 
                misuse of the system, the Secretary, in consultation 
                with the Commissioner, shall establish a secure self-
                verification procedure to permit an individual who 
                seeks to verify the individual's own employment 
                eligibility prior to obtaining or changing employment 
                to contact the appropriate agency and, in a timely 
                manner, correct or update the information used by the 
                System.
                    ``(J) The Secretary may, upon notice provided in 
                the Federal Register, adjust the time periods described 
                in this paragraph.
            ``(6) Protection from liability for actions taken on the 
        basis of information provided by the system.--No employer 
        participating in the System who complies with all System 
        procedures as required in this Act shall be liable under this 
        Act for any employment-related action taken with respect to the 
        employee in good faith reliance on information provided through 
        the confirmation system.
            ``(7) Administrative review.--
                    ``(A) In general.--An individual who is notified 
                pursuant to paragraph (5)(C)(iv) of a nonconfirmation 
                by the employer may, not later than 15 business days 
                after the date that such notice is received, file an 
                administrative appeal of such nonconfirmation. An 
                individual subject to a nonconfirmation may file an 
                appeal thereof after the 15-day period if the appeal is 
                accompanied by evidence that the individual did not 
                receive timely notice of a nonconfirmation, or that 
                there was good cause for the failure to file an appeal 
                within the 15-day period. All administrative appeals 
                shall be filed as follows:
                            ``(i) Citizens or nationals of the united 
                        states.--An individual claiming to be a citizen 
                        or national of the United States shall file the 
                        administrative appeal with the Commissioner.
                            ``(ii) Aliens.--An individual claiming to 
                        be an alien authorized to work in the United 
                        States shall file the administrative appeal 
                        with the Secretary.
                    ``(B) Administrative stay of nonconfirmation.--The 
                nonconfirmation shall be automatically stayed upon the 
                timely filing of an administrative appeal, and the stay 
                shall remain in effect until the resolution of the 
                appeal, unless the Secretary or the Commissioner 
                terminates the stay based on a determination that the 
                administrative appeal is frivolous or filed for 
                purposes of delay.
                    ``(C) Review for error.--The Secretary and the 
                Commissioner shall develop procedures for resolving 
                administrative appeals regarding nonconfirmations based 
                upon the information that the individual has provided, 
                including any additional evidence or argument that was 
                not previously considered. Any such additional evidence 
                or argument shall be filed within 15 days of the date 
                the appeal was originally filed. Appeals shall be 
                resolved within 30 days after the individual has 
                submitted all evidence and arguments he or she wishes 
                to submit, or has stated in writing that there is no 
                additional evidence that he or she wishes to submit. 
                The Secretary and the Commissioner may, on a case by 
                case basis for good cause, extend the filing and 
                submission period in order to ensure accurate 
                resolution of an appeal before him or her. 
                Administrative review under this paragraph shall be 
                limited to whether the nonconfirmation notice is 
                supported by the weight of the evidence.
                    ``(D) Compensation for error.--If the individual 
                was denied a stay under subparagraph (B) and the 
                Secretary makes a determination that the 
                nonconfirmation issued for an individual was not caused 
                by an act or omission of the individual or the 
                employer, the Secretary shall compensate the individual 
                for lost wages in an amount not exceeding $75,000 and 
                reasonable costs and attorneys' fees incurred during 
                administrative and judicial review which shall not 
                exceed $50,000. Amounts under this clause may be 
                adjusted to account for inflation pursuant to the US 
                Consumer Price Index--All Urban Consumers (CPI-U) 
                compiled by the Bureau of Labor Statistics.
                            ``(i) Calculation of lost wages.--Lost 
                        wages shall be calculated based on the wage 
                        rate and work schedule that prevailed prior to 
                        termination. The individual shall be 
                        compensated for wages lost beginning on the 
                        first scheduled work day after employment was 
                        terminated and ending 180 days after completion 
                        of the administrative review process described 
                        in this paragraph, or judicial review if any, 
                        or the day after the individual is reinstated 
                        or obtains employment elsewhere, whichever 
                        occurs first. If the individual obtains 
                        employment elsewhere at a lower wage rate, the 
                        individual shall be compensated for the 
                        difference in wages for the period ending 180 
                        days after completion of the administrative 
                        review process or judicial review, if any.
                            ``(ii) Limitation on compensation.--For 
                        purposes of determining an individual's 
                        compensation for the loss of employment, such 
                        compensation shall not include any period in 
                        which the individual was ineligible for 
                        employment in the United States.
                            ``(iii) Source of funds.--Compensation or 
                        reimbursement provided under this paragraph 
                        shall not be provided from funds appropriated 
                        in annual appropriations Acts to the Secretary 
                        for the Department of Homeland Security.
                    ``(E) Temporary stay of final administrative 
                decision denying appeal.--If the appeal is denied, the 
                Secretary shall stay the decision for a period of 30 
                days to permit the individual to seek judicial review 
                of the decision under paragraph (8)(A). If a judicial 
                action is brought within this period, the stay shall 
                remain in effect until the resolution of the case, 
                unless the Court terminates the stay based on a 
                determination that the action for judicial review is 
                frivolous or filed for purposes of delay.
            ``(8) Judicial review.--
                    ``(A) In general.--After the Secretary or the 
                Commissioner makes a final determination on an appeal 
                filed by an individual under paragraph (7), the 
                individual may obtain judicial review of such 
                determination in a civil action commenced not later 
                than 30 days after notice of such decision.
                    ``(B) Jurisdiction.--A civil action for such 
                judicial review shall be brought in the district court 
                of the United States for the judicial district in which 
                the plaintiff resides or, if the plaintiff does not 
                reside within any such judicial district, in the 
                District Court of the United States for the District of 
                Columbia.
                    ``(C) Service.--The defendant is either the 
                Secretary or the Commissioner, but not both, depending 
                upon who issued the administrative order under 
                paragraph (7). In addition to serving the defendant, 
                the plaintiff shall also serve the Attorney General.
                    ``(D) Answer.--As part of the Secretary's or the 
                Commissioner's answer to a complaint for such judicial 
                review, the Secretary or the Commissioner shall file a 
                certified copy of the administrative record compiled 
                during the administrative review under paragraph (7), 
                including the evidence upon which the findings and 
                decision complained of are based. The court shall have 
                power to enter, upon the pleadings and the 
                administrative record, a judgment affirming or 
                reversing the result of that administrative review, 
                with or without remanding the cause for a rehearing.
                    ``(E) Standard of review.--
                            ``(i) The burden shall be on the plaintiff 
                        to show that the administrative order was 
                        erroneous. Administrative findings of fact are 
                        conclusive unless any reasonable adjudicator 
                        would be compelled to conclude to the contrary. 
                        The court, upon good cause shown, may in its 
                        discretion remand to the Secretary or the 
                        Commissioner for additional fact-finding or 
                        other proceedings.
                            ``(ii) If the plaintiff meets his or her 
                        burden to show that the administrative order 
                        was erroneous, the court shall, upon request of 
                        the plaintiff, determine whether the plaintiff 
                        can establish by the preponderance of the 
                        evidence that the error was caused by the 
                        decision rules, processes, or procedures 
                        utilized by the System or erroneous system 
                        information that was not the result of acts or 
                        omissions of the individual.
                    ``(F) Compensation for error.--
                            ``(i) In general.--In cases in which the 
                        judicial review reverses the final 
                        determination of the Secretary or the 
                        Commissioner made under paragraph (7), the 
                        individual was denied a stay under subparagraph 
                        (B), and the court finds that the final 
                        determination was erroneous by reason of the 
                        decision rules, processes, or procedures 
                        utilized by the System or erroneous system 
                        information that was not the result of acts or 
                        omissions of the individual, the court may 
                        award to the individual lost wages not 
                        exceeding $75,000, reasonable costs and 
                        attorneys' fees incurred during administrative 
                        and judicial review which shall not exceed 
                        $50,000, and compensatory damages in an amount 
                        deemed necessary by the court. Amounts under 
                        this clause may be adjusted to account for 
                        inflation pursuant to the US Consumer Price 
                        Index--All Urban Consumers (CPI-U) compiled by 
                        the Bureau of Labor Statistics.
                            ``(ii) Calculation of lost wages.--Lost 
                        wages shall be calculated based on the wage 
                        rate and work schedule that prevailed prior to 
                        termination. The individual shall be 
                        compensated for wages lost beginning on the 
                        first scheduled work day after employment was 
                        terminated and ending 180 days after completion 
                        of the judicial review described in this 
                        paragraph or the day after the individual is 
                        reinstated or obtains employment elsewhere, 
                        whichever occurs first. If the individual 
                        obtains employment elsewhere at a lower wage 
                        rate, the individual shall be compensated for 
                        the difference in wages for the period ending 
                        180 days after completion of the judicial 
                        review process. No lost wages shall be awarded 
                        for any period of time during which the 
                        individual was not authorized to be employed in 
                        the United States.
                            ``(iii) Payment of compensation.--
                        Notwithstanding any other law, payment of 
                        compensation for lost wages, costs and 
                        attorneys' fees under this paragraph, or 
                        compromise settlements of the same, shall be 
                        made as provided by section 1304 of title 31, 
                        United States Code. Appropriations made 
                        available to the Secretary or the Commissioner, 
                        accounts provided for under section 286 of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1356), and funds from the Federal Old-Age and 
                        Survivors Insurance Trust Fund or the Federal 
                        Disability Insurance Trust Fund shall not be 
                        available to pay such compensation.
                            ``(iv) Exclusive remedy.--Awards of 
                        compensation for lost wages, costs, and 
                        attorneys' fees under this paragraph shall be 
                        the exclusive remedy for a finding under clause 
                        (i) that a final determination of the Secretary 
                        or the Commissioner made under paragraph (7) 
                        was erroneous by reason of the negligence or 
                        recklessness of the Secretary or the 
                        Commissioner.
            ``(9) Private right of action.--If the nonconfirmation 
        issued for an individual was caused by negligence or other 
        misconduct on the part of the employer, the individual may seek 
        recovery of damages, reinstatement, back pay, and other 
        appropriate remedies in a civil action against the employer. 
        Such action shall be commenced not later than 90 days after 
        notice of the Secretary's or the Commissioner's decision on an 
        administrative appeal under paragraph (7) or the Court's 
        decision in an action for judicial review under paragraph (8), 
        or 90 days after termination of the individual as a result of 
        the final nonconfirmation if no such administrative appeal or 
        action for judicial review is taken. The action shall be 
        brought in the district court of the United States for the 
        judicial district in which the plaintiff resides or, if the 
        plaintiff does not reside within any such judicial district, in 
        the District Court of the United States for the District of 
        Columbia. In such action, no prior administrative or judicial 
        finding relating to the employer in any proceeding to which the 
        employer was not a party may be given any res judicata or 
        collateral estoppel effect against the employer.
            ``(10) Annual study and report.--
                    ``(A) Requirement for study.--The Comptroller 
                General of the United States shall conduct an annual 
                study of the System as described in this paragraph.
                    ``(B) Purpose of the study.--The Comptroller 
                General shall, for each year, undertake a study to 
                determine whether the System meets the following 
                requirements:
                            ``(i) Demonstrated accuracy of the 
                        databases.--New information and information 
                        changes submitted by an individual to the 
                        System is updated in all of the relevant 
                        databases not later than 3 working days after 
                        submission in at least 99 percent of all cases.
                            ``(ii) Low error rates and compliance with 
                        system rules.--
                                    ``(I) Rates of incorrect 
                                nonconfirmation and confirmation 
                                notices.--That, during a year, the 
                                number of incorrect tentative 
                                nonconfirmations provided through the 
                                System is not more than 1 percent.
                                    ``(II) Stability or improvement in 
                                error rates.--That, during a year--
                                            ``(aa) the rate of 
                                        incorrect tentative 
                                        nonconfirmations shall not have 
                                        increased by more than 3 
                                        percent compared to the 
                                        previous year.
                                            ``(bb) the rate at which 
                                        unauthorized immigrants receive 
                                        incorrect confirmations shall 
                                        not have increased by more than 
                                        3 percent compared to the 
                                        previous year.
                                    ``(III) Employer compliance.--That, 
                                during the year, not more than 10 
                                percent of employers are found in 
                                violation of section 171(a)(4).
                            ``(iii) Protections for american workers.--
                                    ``(I) No discrimination based on 
                                system operations.--The System has not 
                                resulted in increased discrimination or 
                                cause reasonable employers to conclude 
                                that individuals of certain races or 
                                ethnicities are more likely to have 
                                difficulties when offered employment 
                                caused by the operation of the System.
                                    ``(II) No increase in employer 
                                noncompliance.--The System has not 
                                resulted in increased employer 
                                noncompliance with system rules, 
                                including not notifying workers of 
                                tentative nonconfirmations, adverse 
                                employment consequences due to 
                                tentative nonconfirmations, 
                                prescreening, and reverification of 
                                workers against System rules.
                                    ``(III) No increase in identity 
                                fraud and theft.--The System has not 
                                and will not result in increased 
                                identity fraud or theft.
                            ``(iv) Protection of workers' private 
                        information.--At least 97 percent of employers 
                        who participate in the System are in full 
                        compliance with the privacy requirements 
                        described in this subsection.
                            ``(v) Protecting small businesses.--The 
                        System will not result in lost productivity or 
                        replacement and retraining costs due to United 
                        States citizen and work-authorized immigrants 
                        being terminated due to database errors.
                            ``(vi) Protecting americans access to 
                        produce and small family farms.--
                                    ``(I) No increase in food prices.--
                                The System has not and will not 
                                increase the cost of agricultural 
                                products by more than 5 percent.
                                    ``(II) Protecting small farmers.--
                                Use of the System will not put small 
                                family farms out of business.
                                    ``(III) Protecting jobs.--Use of 
                                the System will not cause Americans to 
                                lose jobs related to the agriculture 
                                industry.
                            ``(vii) Adequate agency staffing and 
                        funding.--The Secretary and Commissioner of 
                        Social Security have sufficient funding to meet 
                        all of the deadlines and requirements of this 
                        subsection.
                    ``(C) Requirement for independent study.--The 
                determinations described in clauses (i) through (vi) of 
                subparagraph (B) shall be based on an independent study 
                commissioned by the Comptroller General in each phase 
                of expansion of the System.
                    ``(D) Consultation.--In conducting a study under 
                this paragraph, the Comptroller General shall consult 
                with representatives of business, labor, immigrant 
                communities, State governments, privacy advocates, and 
                appropriate departments of the United States.
                    ``(E) Reports.--Not later than 21 months after the 
                date of the enactment of the Act, and annually 
                thereafter, the Comptroller General shall submit to the 
                Secretary and to Congress a report containing the 
                findings of the study carried out under this paragraph 
                and shall include the following:
                            ``(i) An assessment of the accuracy of the 
                        databases utilized by the System and of the 
                        timeliness and accuracy of the responses 
                        provided through the System to employers.
                            ``(ii) An assessment of the privacy and 
                        confidentiality of the System and of the 
                        overall security of the System with respect to 
                        cybertheft and theft or misuse of private data.
                            ``(iii) An assessment of whether the System 
                        is being implemented in a nondiscriminatory and 
                        nonretaliatory manner.
                            ``(iv) An assessment of the most common 
                        causes for the erroneous issuance of 
                        nonconfirmations by the System and 
                        recommendations to correct such causes.
                            ``(v) The recommendations of the 
                        Comptroller General regarding whether or not 
                        the System should be modified prior to further 
                        expansion.
                    ``(F) Certification.--If the Comptroller General 
                determines that the System meets the requirements set 
                out in clauses (i) through (vii) of subparagraph (B) 
                for 1 year, the Comptroller shall certify such 
                determination and submit such certification to Congress 
                with the report required by subparagraph (E).
            ``(11) Annual audit and report.--
                    ``(A) Purpose of the audit and report.--The Office 
                for Civil Rights and Civil Liberties shall conduct 
                annual audits of E-Verify described in section 403(a) 
                of the Illegal Immigration Reform and Responsibility 
                Act of 1996, Public Law No. 104-208, Div. C, 110 Stat. 
                3009-546, to assess employer compliance with System 
                requirements, including civil rights and civil 
                liberties protections, and compliance with the System 
                rules and procedures set forth in the Memorandum of 
                Understanding between employers and the Social Security 
                Administration and the Department of Homeland Security.
                    ``(B) Requirements of audit.--Annual audits shall 
                include, but are not limited to, the following 
                activities:
                            ``(i) Use of testers to check if employers' 
                        are using E-Verify as outlined in the 
                        Memorandum of Understanding between employers 
                        and the Department of Homeland Security and the 
                        Social Security Administration, including if 
                        employers are misusing of the system to 
                        prescreen job applicants, if employers are 
                        giving proper notification to employees' 
                        regarding nonconfirmations, and if employers 
                        are taking adverse actions against workers 
                        based upon nonconfirmations.
                            ``(ii) Random audits of employers to 
                        confirm that employers are using the system as 
                        outlined in the Memorandum of Understanding and 
                        in a manner consistent with civil rights and 
                        civil liberties protections; and
                            ``(iii) Periodic audits of employers for 
                        which the Special Counsel has received 
                        information or complaints and/or actual charges 
                        of citizenship/national origin discrimination 
                        or document abuse.
                    ``(C) Authority of office for civil rights and 
                civil liberties.--The Office shall have the authority 
                to obtain from users of E-Verify relevant documents and 
                testimony and answers to written interrogatories. The 
                Office shall also have the authority to conduct site 
                visits, and interview employees.
                    ``(D) Failure of employers to cooperate.--Employers 
                that fail to cooperate with the Office for Civil Rights 
                and Civil Liberties shall be noted in the annual report 
                set forth below in this subsection.
                    ``(E) Requirement for reports.--Not later than 18 
                months after the date of the enactment of the Act, and 
                annually thereafter, the Office for Civil Rights and 
                Civil Liberties shall submit a report to the President 
                of the Senate, the Speaker of the House of 
                Representatives, and the appropriate committees and 
                subcommittees of Congress that contains the findings of 
                the audit carried out under this paragraph.
            ``(12) Management of the system.--
                    ``(A) In general.--The Secretary is authorized to 
                establish, manage, and modify the System, which shall--
                            ``(i) respond to inquiries made by 
                        participating employers at any time through the 
                        internet, or such other means as the Secretary 
                        may designate, concerning an individual's 
                        identity and whether the individual is 
                        authorized to be employed;
                            ``(ii) maintain records of the inquiries 
                        that were made, of confirmations provided (or 
                        not provided), and of the codes provided to 
                        employers as evidence of their compliance with 
                        their obligations under the System; and
                            ``(iii) provide information to, and require 
                        action by, employers and individuals using the 
                        System.
                    ``(B) Design and operation of system.--The System 
                shall be designed and operated--
                            ``(i) to maximize its reliability and ease 
                        of use by employers consistent with protecting 
                        the privacy and security of the underlying 
                        information, and ensuring full notice of such 
                        use to employees;
                            ``(ii) to maximize its ease of use by 
                        employees, including notification of its use, 
                        of results, and ability to challenge results;
                            ``(iii) to respond accurately to all 
                        inquiries made by employers on whether 
                        individuals are authorized to be employed and 
                        to register any times when the system is unable 
                        to receive inquiries;
                            ``(iv) to maintain appropriate 
                        administrative, technical, and physical 
                        safeguards to prevent unauthorized disclosure 
                        of personal information, misuse by employers 
                        and employees, and discrimination;
                            ``(v) to allow for auditing of the use of 
                        the System to detect misuse, discrimination, 
                        fraud, and identity theft, and to preserve the 
                        integrity and security of the information in 
                        all of the System, including but not limited to 
                        the following--
                                    ``(I) to develop and use tools and 
                                processes to detect or prevent fraud 
                                and identity theft, such as multiple 
                                uses of the same identifying 
                                information or documents to 
                                fraudulently gain employment;
                                    ``(II) to develop and use tools and 
                                processes to detect and prevent misuse 
                                of the system by employers and 
                                employees;
                                    ``(III) to develop tools and 
                                processes to detect anomalies in the 
                                use of the system that may indicate 
                                potential fraud or misuse of the 
                                system; and
                                    ``(IV) to audit documents and 
                                information submitted by employees to 
                                employers, including authority to 
                                conduct interviews with employers and 
                                employees, and obtain information 
                                concerning employment from the 
                                employer;
                            ``(vi) to confirm identity and employment 
                        authorization through verification and 
                        comparison of records maintained by the 
                        Secretary, other Federal departments, states, 
                        or outlying possessions of the United States, 
                        or other available information, as determined 
                        necessary by the Secretary, including--
                                    ``(I) records maintained by the 
                                Social Security Administration;
                                    ``(II) birth and death records 
                                maintained by vital statistics agencies 
                                of any state or other United States 
                                jurisdiction;
                                    ``(III) passport and visa records 
                                (including photographs) maintained by 
                                the Department of State; and
                                    ``(IV) state driver's license or 
                                identity card information (including 
                                photographs) maintained by State 
                                departments of motor vehicles;
                            ``(vii) to confirm electronically the 
                        issuance of the employment authorization or 
                        identity document and to display the digital 
                        photograph that the issuer placed on the 
                        document so that the employer can compare the 
                        photograph displayed to the photograph on the 
                        document presented by the employee. If a 
                        photograph is not available from the issuer, 
                        the Secretary shall specify alternative 
                        procedures for confirming the authenticity of 
                        the document; and
                            ``(viii) to include, notwithstanding 
                        section 6103 of title 26, U.S. Code, procedures 
                        for verification by the Secretary of the 
                        Treasury of the validity of any employer 
                        identification number and related information 
                        provided by an employer to the Secretary for 
                        the purpose of participating in the System.
                    ``(C) Access to information.--
                            ``(i) Notwithstanding any other provision 
                        of law, the Secretary of Homeland Security 
                        shall have access to relevant records described 
                        in subparagraphs (B)(vi) and (viii), for the 
                        purposes of preventing identity theft, fraud 
                        and misuse in the use of the System and 
                        administering and enforcing the provisions of 
                        this section governing employment verification. 
                        Any governmental agency or entity possessing 
                        such relevant records shall provide such 
                        assistance and cooperation in resolving further 
                        action notices and nonconfirmations relating to 
                        such records, or otherwise to improve the 
                        accuracy of the System, as the Secretary may 
                        request. A state or other non-Federal 
                        jurisdiction that does not provide such access, 
                        assistance, and cooperation shall not be 
                        eligible for any grant or other program of 
                        financial assistance administered by the 
                        Secretary or by the Commissioner.
                            ``(ii) The Secretary, in consultation with 
                        the Commissioner and other appropriate Federal 
                        and State agencies, shall develop policies and 
                        procedures to ensure protection of the privacy 
                        and security of personally identifiable 
                        information and identifiers contained in the 
                        records accessed or maintained by the System. 
                        The Secretary, in consultation with the 
                        Commissioner and other appropriate Federal and 
                        State agencies, shall develop and deploy 
                        appropriate privacy and security training for 
                        the Federal and State employees accessing the 
                        records under the System.
                            ``(iii) The Secretary, acting through the 
                        Chief Privacy Officer of the Department of 
                        Homeland Security, shall conduct regular 
                        privacy audits of the policies and procedures 
                        established under clause (ii), including any 
                        collection, use, dissemination, and maintenance 
                        of personally identifiable information and any 
                        associated information technology systems, as 
                        well as scope of requests for this information. 
                        The Chief Privacy Officer shall review the 
                        results of the audits and recommend to the 
                        Secretary any changes necessary to improve the 
                        privacy protections of the program.
                    ``(D) Responsibilities of the secretary of homeland 
                security.--
                            ``(i) As part of the System, the Secretary 
                        shall maintain a reliable, secure method, 
                        which, operating through the System and within 
                        the time periods specified, compares the name, 
                        alien identification or authorization number, 
                        or other information as determined relevant by 
                        the Secretary, provided in an inquiry against 
                        such information maintained or accessed by the 
                        Secretary in order to confirm (or not confirm) 
                        the validity of the information provided, the 
                        correspondence of the name and number, whether 
                        the alien is authorized to be employed in the 
                        United States (or, to the extent that the 
                        Secretary determines to be feasible and 
                        appropriate, whether the records available to 
                        the Secretary verify the identity or status of 
                        a national of the United States), and such 
                        other information as the Secretary may 
                        prescribe.
                            ``(ii) As part of the System, the Secretary 
                        shall establish a reliable, secure method, 
                        which, operating through the System, displays 
                        the digital photograph described in 
                        subparagraph (B)(vii).
                            ``(iii) The Secretary shall have authority 
                        to prescribe when a confirmation, 
                        nonconfirmation, or further action notice shall 
                        be issued.
                            ``(iv) The Secretary shall perform regular 
                        audits under the System, as described in 
                        subparagraph (B)(v) and shall utilize the 
                        information obtained from such audits, as well 
                        as any information obtained from the 
                        Commissioner pursuant to section 174 of the 
                        Comprehensive Immigration Reform Act of 2011, 
                        for the purposes of this section, to administer 
                        and enforce the immigration laws, and to ensure 
                        employee rights are protected under the System.
                            ``(v) The Secretary may make appropriate 
                        arrangements to allow employers or employees 
                        who are otherwise unable to access the System 
                        to use Federal Government facilities or public 
                        facilities or other available locations in 
                        order to utilize the program.
                            ``(vi) The Secretary shall, in consultation 
                        with the Commissioner, establish a program 
                        which shall provide a reliable, secure method 
                        by which victims of identity fraud and other 
                        individuals may suspend or limit the use of 
                        their Social Security account number or other 
                        identifying information for System purposes. 
                        The Secretary may implement the program on a 
                        limited pilot program basis before making it 
                        fully available to all individuals.
                            ``(vii) The Secretary, in consultation with 
                        the Commissioner of Social Security, shall 
                        establish procedures for an Enhanced 
                        Verification System under section 178 of the 
                        Comprehensive Immigration Reform Act of 2011.
                            ``(viii) The Secretary and the Commissioner 
                        shall establish a program in which Social 
                        Security account numbers that have been 
                        identified to be subject to unusual multiple 
                        use in the System, or that are otherwise 
                        suspected or determined to have been 
                        compromised by identity fraud or other misuse, 
                        shall be blocked from use for System purposes 
                        unless the individual using such number is able 
                        to establish, through secure and fair 
                        additional security procedures, that he or she 
                        is the legitimate holder of the number.
                            ``(ix) The Secretary shall establish a 
                        monitoring and compliance unit to detect and 
                        reduce identity fraud and other misuse of the 
                        program.
                            ``(x) The Secretary, acting through the 
                        Officer for Civil Rights and Civil Liberties of 
                        the Department of Homeland Security, shall 
                        conduct regular civil rights and civil 
                        liberties assessments of the System, including 
                        participation by employers, other private 
                        entities, other Federal agencies, and state and 
                        local government. The Officer shall review the 
                        results of the assessment and recommend to the 
                        Secretary any changes necessary to improve the 
                        civil rights and civil liberties protections of 
                        the program.
                    ``(E) Responsibilities of the secretary of state.--
                As part of the System, the Secretary of State shall 
                provide to the Secretary access to passport and visa 
                information as needed to confirm that a passport or 
                passport card presented under subsection (c)(1)(B) 
                confirms the identity of the subject of the System 
                check, or that a passport, passport card or visa 
                photograph matches the Secretary of State's records, 
                and shall provide such assistance as the Secretary may 
                request in order to resolve further action notices or 
                nonconfirmations relating to such information.
                    ``(F) Updating information.--The Commissioner and 
                the Secretaries of Homeland Security and State shall 
                update their information in a manner that promotes 
                maximum accuracy and shall provide a process for the 
                prompt correction of erroneous information.
            ``(13) Limitation on use of the system.--Notwithstanding 
        any other provision of law, nothing in this subsection shall be 
        construed to permit or allow any department, bureau, or other 
        agency of the United States Government to utilize any 
        information, database, or other records assembled under this 
        subsection for any purpose other than for verification as 
        provided by this subsection the enforcement and administration 
        of the immigration laws, or the enforcement of Federal laws for 
        violations relating to use of the System.
            ``(14) Conforming amendment.--Sections 401 to 405 of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (division C of Public Law 104-208; 8 U.S.C. 1234a note) 
        are repealed. Nothing in this subsection may be construed to 
        limit the authority of the Secretary to allow or continue to 
        allow the participation in the System of employers who have 
        participated in the E-Verify program established by such 
        sections.
            ``(15) Nondiscrimination.--The employer shall use the 
        procedures for the System specified in this section for all 
        employees without regard to race, sex, national origin, or, 
        unless specifically permitted in this section, to citizenship 
        status.
    ``(e) Compliance.--
            ``(1) Complaints and investigations.--The Secretary of 
        Homeland Security shall establish procedures--
                    ``(A) for individuals and entities to file 
                complaints respecting potential violations of 
                subsections (a) or (f)(1);
                    ``(B) for the investigation of those complaints 
                which the Secretary deems appropriate to investigate; 
                and
                    ``(C) for such other investigations of violations 
                of subsections (a) or (f)(1) as the Secretary 
                determines to be appropriate.
            ``(2) Authority in investigations.--In conducting 
        investigations and hearings under this subsection, immigration 
        officers shall have reasonable access to examine evidence of 
        any employer being investigated.
            ``(3) Joint employment fraud task force.--The Secretary, in 
        cooperation with the Commissioner and Attorney General, and in 
        consultation with other relevant agencies, shall establish a 
        Joint Employment Fraud Task Force consisting of, at a minimum, 
        the System's compliance personnel, immigration law enforcement 
        officers, Special Counsel for Unfair Immigration-Related 
        Employment Practices personnel, Department of Homeland Security 
        Office for Civil Rights and Civil Liberties personnel, and 
        Social Security Administration fraud division personnel.
            ``(4) Compliance procedures.--
                    ``(A) Pre-penalty notice.--If the Secretary has 
                reasonable cause to believe that there has been a civil 
                violation of this section, the Secretary shall issue to 
                the employer concerned a written notice of the 
                Department's intention to issue a claim for a monetary 
                or other penalty. Such pre-penalty notice shall--
                            ``(i) describe the violation;
                            ``(ii) specify the laws and regulations 
                        allegedly violated;
                            ``(iii) disclose the material facts which 
                        establish the alleged violation;
                            ``(iv) describe the penalty sought to be 
                        imposed; and
                            ``(v) inform such employer that he or she 
                        shall have a reasonable opportunity to make 
                        representations as to why a monetary or other 
                        penalty should not be imposed.
                    ``(B) Employer's response.--Whenever any employer 
                receives written pre-penalty notice of a fine or other 
                penalty in accordance with subparagraph (A), the 
                employer may, within 30 days from receipt of such 
                notice, file with the Secretary its written response to 
                the notice. The response may include any relevant 
                evidence or proffer of evidence that the employer 
                wishes to present with respect to whether the employer 
                violated this section and whether, if so, the penalty 
                should be mitigated, and shall be filed and considered 
                in accordance with procedures to be established by the 
                Secretary.
                    ``(C) Penalty claim.--After considering the 
                employer's response under subparagraph (B), the 
                Secretary shall determine whether there was a violation 
                and promptly issue a written final determination 
                setting forth the findings of fact and conclusions of 
                law on which the determination is based. If the 
                Secretary determines that there was a violation, the 
                Secretary shall issue the final determination with a 
                written penalty claim. The penalty claim shall specify 
                all charges in the information provided under clauses 
                (i) through (iii) of subparagraph (A) and any 
                mitigation of the penalty that the Secretary deems 
                appropriate under paragraph (5)(D).
            ``(5) Civil penalties.--
                    ``(A) Hiring or continuing to employ unauthorized 
                aliens.--Any employer that violates any provision of 
                subsection (a)(1)(A) or (a)(2) shall:
                            ``(i) pay a civil penalty of not less than 
                        $2,000 and not more than $5,000 for each 
                        unauthorized alien with respect to which each 
                        violation of either subsection (a)(1)(A) or 
                        (a)(2) occurred;
                            ``(ii) if the employer has previously been 
                        fined under this paragraph, pay a civil penalty 
                        of not less than $4,000 and not more than 
                        $10,000 for each unauthorized alien with 
                        respect to which a violation of either 
                        subsection (a)(1)(A) or (a)(2) occurred; and
                            ``(iii) if the employer has previously been 
                        fined more than once under this paragraph, pay 
                        a civil penalty of not less than $8,000 and not 
                        more than $25,000 for each unauthorized alien 
                        with respect to which a violation of either 
                        subsection (a)(1)(A) or (a)(2) occurred.
                    ``(B) Enhanced penalty.--If an employer is 
                determined to have committed within the 5 years 
                immediately preceding the date of any violation of 
                subsection (a)(1)(A) or (a)(2) a civil or criminal 
                violation of a Federal or State law relating to wage 
                and hour or other employment standards, workplace 
                safety, collective bargaining, civil rights, or 
                immigration, by a court or an administrative agency 
                with jurisdiction over such violation, for which a 
                monetary penalty of at least $500, a judicial 
                injunction, or other equitable relief, or any term of 
                imprisonment has been imposed, any civil money penalty 
                or criminal fine otherwise applicable under this 
                section shall be trebled. In any proceeding under this 
                section, the Secretary of Homeland Security, 
                administrative law judge, or court, as appropriate, 
                shall determine whether a court or administrative 
                agency has imposed such penalty for such previous 
                violation of other law, but the validity and 
                appropriateness of such prior action shall not be 
                subject to review.
                    ``(C) Recordkeeping or verification practices.--Any 
                employer that violates or fails to comply with any 
                requirement of subsection (a)(1)(B), shall pay a civil 
                penalty as follows:
                            ``(i) not less than $500 and not more than 
                        $2,000 for each violation;
                            ``(ii) if an employer has previously been 
                        fined under this paragraph, not less than 
                        $1,000 and not more than $4,000 for each 
                        violation; and
                            ``(iii) if an employer has previously been 
                        fined more than once under this paragraph, not 
                        less than $2,000 and not more than $8,000 for 
                        each violation.
                    ``(D) Other penalties.--The Secretary may impose 
                additional penalties for violations, including cease 
                and desist orders, specially designed compliance plans 
                to prevent further violations, suspended fines to take 
                effect in the event of a further violation, and in 
                appropriate cases, the remedy provided by paragraph 
                (f)(2).
                    ``(E) Mitigation.--The Secretary is authorized, 
                upon such terms and conditions as the Secretary deems 
                reasonable and just and in accordance with such 
                procedures as the Secretary may establish, to reduce or 
                mitigate penalties imposed upon employers, based upon 
                factors including, but not limited to, the employer's 
                hiring volume, compliance history, good-faith 
                implementation of a compliance program, and voluntary 
                disclosure of violations of this subsection to the 
                Secretary. The Secretary shall not mitigate a penalty 
                below the minimum penalty provided by this section, 
                except that the Secretary may, in the case of an 
                employer subject to penalty for record-keeping or 
                verification violations only who has not previously 
                been penalized under this section, in the Secretary's 
                discretion, mitigate the penalty below the statutory 
                minimum or remit it entirely.
                    ``(F) Inflation adjustments.--All penalties 
                authorized in this paragraph may be adjusted 
                periodically to account for inflation as provided by 
                law.
            ``(6) Order of internal review and certification of 
        compliance.--If the Secretary has reasonable cause to believe 
        that an employer has failed to comply with this section, the 
        Secretary is authorized, at any time, to require that the 
        employer certify that it is in compliance with this section, or 
        has instituted a program to come into compliance. Within 60 
        days of receiving a notice from the Secretary requiring such a 
        certification, the employer's chief executive officer or 
        similar official with responsibility for, and authority to bind 
        the company on, all hiring and immigration compliance notices 
        shall certify under penalty of perjury that the employer is in 
        conformance with the requirements under paragraphs (1) through 
        (4) of subsection (c), pertaining to document verification 
        requirements, and with subsection (d), pertaining to the System 
        (once that system is implemented with respect to that employer 
        according to the requirements of subsection (d)(1)), and with 
        any additional requirements that the Secretary may promulgate 
        by regulation pursuant to subsections (c) or (d) or that the 
        employer has instituted a program to come into compliance with 
        these requirements. At the request of the employer, the 
        Secretary may extend the 60-day deadline for good cause. The 
        Secretary is authorized to publish in the Federal Register 
        standards or methods for such certification, require specific 
        recordkeeping practices with respect to such certifications, 
        and audit the records thereof at any time. This authority shall 
        not be construed to diminish or qualify any other penalty 
        provided by this section.
            ``(7) Judicial review.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, including sections 1361 and 1651 of 
                title 28, United States Code, no court shall have 
                jurisdiction to consider a final determination or 
                penalty claim issued under paragraph (4)(C), except as 
                specifically provided by this paragraph. Judicial 
                review of a final determination under paragraph (5) is 
                governed only by chapter 158 of such title 28, except 
                as specifically provided below. The Secretary is 
                authorized to require that the petitioner provide, 
                prior to filing for review, security for payment of 
                fines and penalties through bond or other guarantee of 
                payment acceptable to the Secretary.
                    ``(B) Requirements for review of a final 
                determination.--With respect to judicial review of a 
                final determination or penalty claim issued under 
                paragraph (4)(C), the following requirements apply:
                            ``(i) Deadline.--The petition for review 
                        shall be filed no later than 30 days after the 
                        date of the final determination or penalty 
                        claim issued under paragraph (4)(C).
                            ``(ii) Venue and forms.--The petition for 
                        review shall be filed with the court of appeals 
                        for the judicial circuit where the employer's 
                        principal place of business was located when 
                        the final determination or penalty claim was 
                        issued. The record and briefs do not have to be 
                        printed. The court of appeals shall review the 
                        proceeding on a typewritten or electronically 
                        filed record and briefs.
                            ``(iii) Service.--The respondent is the 
                        Secretary of Homeland Security. In addition to 
                        serving the respondent, the petitioner shall 
                        also serve the Attorney General.
                            ``(iv) Petitioner's brief.--The petitioner 
                        shall serve and file a brief in connection with 
                        a petition for judicial review not later than 
                        40 days after the date on which the 
                        administrative record is available, and may 
                        serve and file a reply brief not later than 14 
                        days after service of the brief of the 
                        respondent, and the court may not extend these 
                        deadlines, except for good cause shown. If a 
                        petitioner fails to file a brief within the 
                        time provided in this paragraph, the court 
                        shall dismiss the appeal unless a manifest 
                        injustice would result.
                            ``(v) Scope and standard for review.--The 
                        court of appeals shall decide the petition only 
                        on the administrative record on which the final 
                        determination is based. The burden shall be on 
                        the petitioner to show that the final 
                        determination was arbitrary, capricious, an 
                        abuse of discretion, not supported by 
                        substantial evidence, or otherwise not in 
                        accordance with law.
                    ``(C) Exhaustion of administrative remedies.--A 
                court may review a final determination under paragraph 
                (4)(C) only if--
                            ``(i) the petitioner has exhausted all 
                        administrative remedies available to the 
                        petitioner as of right; and
                            ``(ii) another court has not decided the 
                        validity of the order, unless the reviewing 
                        court finds that the petition presents grounds 
                        that could not have been presented in the prior 
                        judicial proceeding or that the remedy provided 
                        by the prior proceeding was inadequate or 
                        ineffective to test the validity of the order.
                    ``(D) Limit on injunctive relief.--Regardless of 
                the nature of the action or claim or of the identity of 
                the party or parties bringing the action, no court 
                (other than the Supreme Court) shall have jurisdiction 
                or authority to enjoin or restrain the operation of the 
                provisions in this section, other than with respect to 
                the application of such provisions to an individual 
                petitioner.
            ``(8) Enforcement of orders.--If the final determination 
        issued against the employer under this subsection is not 
        subject to review under paragraph (7), the Attorney General, 
        upon request by the Secretary, may bring a civil action to 
        enforce compliance with the final determination in any 
        appropriate district court of the United States. The court, on 
        a proper showing, shall issue a temporary restraining order or 
        a preliminary or permanent injunction requiring that the 
        employer comply with the final determination issued against 
        that employer under this subsection. In any such civil action, 
        the validity and appropriateness of the final determination 
        shall not be subject to review.
            ``(9) Liens.--
                    ``(A) Creation of lien.--If any employer liable for 
                a fee or penalty under this section neglects or refuses 
                to pay such liability and fails to file a petition for 
                review (if applicable) under paragraph (7), such 
                liability is a lien in favor of the United States on 
                all property and rights to property of such person as 
                if the liability of such person were a liability for a 
                tax assessed under the Internal Revenue Code of 1986. 
                If a petition for review is filed as provided in 
                paragraph (7), the lien (if any) shall arise upon the 
                entry of a final judgment by the court. The lien 
                continues for 20 years or until the liability is 
                satisfied, remitted, set aside, or terminated.
                    ``(B) Effect of filing notice of lien.--Upon filing 
                of a notice of lien in the manner in which a notice of 
                tax lien would be filed under paragraphs (1) and (2) of 
                section 6323(f) of the Internal Revenue Code of 1986, 
                the lien shall be valid against any purchaser, holder 
                of a security interest, mechanic's lien or judgment 
                lien creditor, except with respect to properties or 
                transactions specified in subsection (b), (c), or (d) 
                of section 6323 of the Internal Revenue Code of 1986 
                for which a notice of tax lien properly filed on the 
                same date would not be valid. The notice of lien shall 
                be considered a notice of lien for taxes payable to the 
                United States for the purpose of any State or local law 
                providing for the filing of a notice of a tax lien. A 
                notice of lien that is registered, recorded, docketed, 
                or indexed in accordance with the rules and 
                requirements relating to judgments of the courts of the 
                State where the notice of lien is registered, recorded, 
                docketed, or indexed shall be considered for all 
                purposes as the filing prescribed by this section. The 
                provisions of section 3201(e) of chapter 176 of title 
                28, United States Code, shall apply to liens filed as 
                prescribed under this section.
                    ``(C) Enforcement of a lien.--A lien obtained 
                through this process shall be considered a debt (as 
                defined in section 3002 of title 28, United States 
                Code) and enforceable pursuant to the Federal Debt 
                Collection Procedures Act (28 U.S.C. 3201 et seq.).
            ``(10) Transition provision.--The Attorney General shall 
        have jurisdiction to adjudicate administrative proceedings 
        under this subsection, pursuant to procedures for hearings 
        before administrative law judges as in effect under section 
        274A(e) of this Act and its implementing regulations on the day 
        immediately before the date of the enactment of the CIR Act of 
        2011, until the date that regulations promulgated by the 
        Secretary, in consultation with the Attorney General, for the 
        adjudication of cases under this subsection are in effect. Such 
        regulations may provide for the continuing jurisdiction of the 
        Attorney General over cases pending before the Attorney General 
        on such date that the regulations are promulgated. Sections 
        1512 and 1517 of the Homeland Security Act (6 U.S.C. 552 and 
        557) shall apply to any transfer of jurisdiction to adjudicate 
        cases under this subsection from the Attorney General to the 
        Secretary as if such transfer is a transfer under the Homeland 
        Security Act; provided that, nothing in this sentence shall be 
        construed to require any transfer of personnel from the 
        Department of Justice to the Department of Homeland Security.
    ``(f) Prohibition of Indemnity Bonds.--
            ``(1) Prohibition.--It is unlawful for an employer, in the 
        hiring of any individual, to require the individual to post a 
        bond or security, to pay or agree to pay an amount, or 
        otherwise to provide a financial guarantee or indemnity, 
        against any potential liability arising under this section 
        relating to such hiring of the individual.
            ``(2) Civil penalty.--Any employer who is determined, after 
        notice and opportunity for mitigation of the monetary penalty 
        under subsection (e), to have violated paragraph (1) shall be 
        subject to a civil penalty of $10,000 for each violation and to 
        an administrative order requiring the return of any amounts 
        received in violation of such paragraph to the employee or, if 
        the employee cannot be located, to the general fund of the 
        Treasury.
    ``(g) Government Contracts.--
            ``(1) Contractors and recipients.--Whenever an employer who 
        holds Federal contracts, grants, or cooperative agreements, or 
        reasonably may be expected to submit offers for or be awarded a 
        government contract, is determined by the Secretary to be a 
        repeat violator of this section or is convicted of a crime 
        under this section, the employer shall be subject to debarment 
        from the receipt of Federal contracts, grants, or cooperative 
        agreements for a period of up to 5 years in accordance with the 
        procedures and standards prescribed by the Federal Acquisition 
        Regulation. Prior to debarring the employer, the Secretary, in 
        cooperation with the Administrator of General Services, shall 
        advise all agencies holding contracts, grants, or cooperative 
        agreements with the employer of the proceedings to debar the 
        employer from the receipt of new Federal contracts, grants, or 
        cooperative agreements for a period of up to 5 years. After 
        consideration of the views of agencies holding contracts, 
        grants or cooperative agreements with the employer, the 
        Secretary may, in lieu of proceedings to debar the employer 
        from the receipt of new Federal contracts, grants, or 
        cooperative agreements for a period of up to 5 years, waive 
        operation of this subsection, limit the duration or scope of 
        the proposed debarment, or may refer to an appropriate lead 
        agency the decision of whether to seek debarment of the 
        employer, for what duration, and under what scope in accordance 
        with the procedures and standards prescribed by the Federal 
        Acquisition Regulation. However, any administrative 
        determination of liability for civil penalty by the Secretary 
        or the Attorney General shall not be reviewable in any 
        debarment proceeding.
            ``(2) Effect of indictments or other actions.--Indictments 
        for violations of this section or adequate evidence of actions 
        that could form the basis for debarment under this subsection 
        shall be considered a cause for suspension under the procedures 
        and standards for suspension prescribed by the Federal 
        Acquisition Regulation.
            ``(3) Inadvertent violations.--Inadvertent violations of 
        recordkeeping or verification requirements, in the absence of 
        any other violations of this section, shall not be a basis for 
        determining that an employer is a repeat violator for purposes 
        of this subsection.
            ``(4) Other remedies available.--Nothing in this subsection 
        shall be construed to modify or limit any remedy available to 
        any agency or official of the Federal Government for violation 
        of any contractual requirement to participate in the System, as 
        provided in the final rule published at 73 Federal Register 
        67,651 (Nov. 14, 2008), or any subsequent amendments to such 
        rule.
    ``(h) Preemption.--The provisions of this section preempt any State 
or local law, contract license, or other standard, requirement, action 
or instrument from--
            ``(1) imposing sanctions or liabilities for employing, or 
        recruiting or referring for employment, unauthorized aliens, or 
        for working without employment authorization;
            ``(2) requiring those hiring, recruiting, or referring 
        individuals for employment to ascertain or verify the 
        individuals' employment authorization or to participate in an 
        employment authorization verification system, or requiring 
        individuals to demonstrate employment authorization; and
            ``(3) requiring, authorizing or permitting the use of an 
        employment verification system, unless otherwise mandated by 
        Federal law, for any other purpose, including verifying the 
        status of renters, determining eligibility for receipt of 
        benefits, enrollment in school, obtaining or retaining a 
        business license or other license, or conducting a background 
        check.
    ``(i) Backpay Remedies.--Neither backpay nor any other monetary 
remedy for unlawful employment practices, workplace injuries or other 
causes of action giving rise to liability shall be denied to a present 
or former employee on account of--
            ``(1) the employer's or the employee's failure to comply 
        with the requirements of this section in establishing or 
        maintaining the employment relationship; the employee`s 
        violation of the provisions of federal law related to the 
        employment verification system set forth in subsection (a); or'
            ``(2) the employee's continuing status as an unauthorized 
        alien both during and after termination of employment.
    ``(j) Deposit of Amounts Received.--Except as otherwise specified, 
civil penalties collected under this section shall be deposited by the 
Secretary into the Immigration Reform Penalty Account.
    ``(k) Challenges to Validity of the System.--
            ``(1) In general.--Any right, benefit, or claim not 
        otherwise waived or limited pursuant to this section is 
        available in an action instituted in the United States District 
        Court for the District of Columbia, but shall be limited to 
        determinations of--
                    ``(A) whether this section, or any regulation 
                issued to implement this section, violates the 
                Constitution of the United States; or
                    ``(B) whether such a regulation issued by or under 
                the authority of the Secretary to implement this 
                section, is contrary to applicable provisions of this 
                section or was issued in violation of title 5, chapter 
                5, United States Code.
            ``(2) Deadlines for bringing actions.--Any action 
        instituted under this subsection shall be filed not later than 
        180 days after the date of the implementation of the challenged 
        section or regulation described in subparagraph (A) or (B) of 
        paragraph (1).
            ``(3) Construction.--In determining whether the Secretary's 
        interpretation regarding any provision of this section is 
        contrary to law, a court shall accord to such interpretation 
        the maximum deference permissible under the Constitution.
    ``(l) Private Right of Action.--Any person or entity who is injured 
in his business or property by reason of the employment of an 
unauthorized alien by any other person or entity may sue such other 
person or entity in any district court of the United States in the 
district in which the defendant resides or is found or has an agent, 
without respect to the amount in controversy, and shall recover 
threefold the damages sustained, and the cost of suit, including 
reasonable attorney's fees. The award of interest, and the amount of 
damages payable to foreign states and instrumentalities of foreign 
states, shall be determined in the manner provided by section 15 of 
title 15, United States Code. The provision shall become effective 3 
years after the date of the enactment of the CIR Act of 2011 and shall 
apply only to injury occurring after the effective date.
    ``(m) Criminal Penalties and Injunctions for Pattern or Practice 
Violations.--
            ``(1) Pattern and practice.--Any employer who engages in a 
        pattern or practice of knowing violations of paragraph (1)(A) 
        or (2) of subsection (a) shall be fined under title 18, United 
        States Code, imprisoned for not more than 3 years for the 
        entire pattern or practice, or both.
            ``(2) Enjoining of pattern or practice violations.--
        Whenever the Secretary or the Attorney General has reasonable 
        cause to believe that an employer is engaged in a pattern or 
        practice of employment in violation of paragraph (1)(A) or (2) 
        of subsection (a), the Attorney General may bring a civil 
        action in the appropriate district court of the United States 
        requesting such relief, including a permanent or temporary 
        injunction, restraining order, or other order against the 
        employer, as the Secretary or Attorney General determines to be 
        necessary.
    ``(n) Criminal Penalties for Unlawful Employment.--
            ``(1) Unauthorized aliens.--Any person who, during any 12-
        month period, knowingly employs or hires for employment 10 or 
        more individuals within the United States knowing that the 
        individuals are unauthorized aliens (as defined in subsection 
        (b)(1) of this section) shall be fined under title 18, United 
        States Code, imprisoned for not more than 5 years, or both.
            ``(2) Abusive employment.--Any person who, during any 12-
        month period, knowingly employs or hires for employment 10 or 
        more individuals within the United States--
                    ``(A) knowing that the individuals are unauthorized 
                aliens; and
                    ``(B) under conditions that violate section 206 or 
                207 of title 29, United States Code (relating to 
                minimum wages and maximum hours of employment),
        shall be fined under title 18, United States Code, or 
        imprisoned for not more than 10 years, or both.
            ``(3) Attempt and conspiracy.--Any person who attempts or 
        conspires to commit any offense under this subsection shall be 
        punished in the same manner as a person who completes the 
        offense.''.
    (b) Conforming Amendment.--Section 274(a)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1324(a)(3)) is repealed.

SEC. 172. COMPLIANCE BY DEPARTMENT OF HOMELAND SECURITY CONTRACTORS 
              WITH CONFIDENTIALITY SAFEGUARDS.

    (a) In General.--Section 6103(p) of the Internal Revenue Code is 
amended by adding at the end the following new paragraph:
            ``(9) Disclosure to department of homeland security.--
        Notwithstanding any other provision of this section, no return 
        or return information shall be disclosed to any contractor of 
        the Department of Homeland Security unless such Department, to 
        the satisfaction of the Secretary of the Treasury--
                    ``(A) has requirements in effect that require each 
                such contractor that would have access to returns or 
                return information to provide safeguards (within the 
                meaning of paragraph (4)) to protect the 
                confidentiality of such returns or return information;
                    ``(B) agrees to conduct an on-site review every 3 
                years (mid-point review in the case of contracts or 
                agreements of less than 3 years in duration) of each 
                contractor to determine compliance with such 
                requirements;
                    ``(C) submits the findings of the most recent 
                review conducted under subparagraph (B) to the 
                Secretary as part of the report required by paragraph 
                (4)(E); and
                    ``(D) certifies to the Secretary for the most 
                recent annual period that such contractor is in 
                compliance with all such requirements, which shall 
                include the name and address of each contractor, a 
                description of the contract or agreement with such 
                contractor, and the duration of such contract or 
                agreement.''.
    (b) Conforming Amendments.--
            (1) Section 6103(p)(8)(B) of such Code is amended by 
        inserting ``or paragraph (9)'' after ``subparagraph (A)''.
            (2) Section 7213(a)(2) of such Code is amended by striking 
        ``or (20)'' and inserting ``(20), or (21)''.
    (c) Repeal of Reporting Requirements.--
            (1) Report on earnings of aliens not authorized to work.--
        Subsection (c) of section 290 of the Immigration and 
        Nationality Act (8 U.S.C. 1360) is repealed.
            (2) Report on fraudulent use of social security account 
        numbers.--Subsection (b) of section 414 of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996 
        (division C of Public Law 104-208; 8 U.S.C. 1360 note) is 
        repealed.

SEC. 173. INCREASING SECURITY AND INTEGRITY OF SOCIAL SECURITY CARDS.

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

SEC. 174. INCREASING SECURITY AND INTEGRITY OF IMMIGRATION DOCUMENTS.

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

SEC. 175. RESPONSIBILITIES OF THE SOCIAL SECURITY ADMINISTRATION.

    Section 205(c)(12) of the Social Security Act, 42 U.S.C. 405(c)(2), 
is amended by adding at the end the following new subparagraph:
                    ``(A) Responsibilities of the commissioner of 
                social security.--
                            ``(i) As part of the verification system, 
                        the Commissioner of Social Security shall, 
                        subject to the provisions of section 274A(d) of 
                        the Immigration and Nationality Act, establish 
                        a reliable, secure method that, operating 
                        through the System and within the time periods 
                        specified in section 274A(d) of the Immigration 
                        and Nationality Act:
                                    ``(I) Compares the name, date of 
                                birth, Social Security account number 
                                and available citizenship information 
                                provided in an inquiry against such 
                                information maintained by the 
                                Commissioner in order to confirm (or 
                                not confirm) the validity of the 
                                information provided regarding an 
                                individual whose identity and 
                                employment eligibility shall be 
                                confirmed.
                                    ``(II) Determines the 
                                correspondence of the name, number, and 
                                any other identifying information.
                                    ``(III) Determines whether the name 
                                and number belong to an individual who 
                                is deceased.
                                    ``(IV) Determines whether an 
                                individual is a national of the United 
                                States (when available).
                                    ``(V) Determines whether the 
                                individual has presented a Social 
                                Security account number that is not 
                                valid for employment.
                        The System shall not disclose or release Social 
                        Security information to employers through the 
                        confirmation system (other than such 
                        confirmation or nonconfirmation, information 
                        provided by the employer to the System, or the 
                        reason for the issuance of a further action 
                        notice).
                            ``(ii) Social security administration 
                        database improvements.--For purposes of 
                        preventing identity theft, protecting 
                        employees, and reducing burden on employers, 
                        and notwithstanding section 6103 of the 
                        Internal Revenue Code of 1986, the Commissioner 
                        of Social Security, in consultation with the 
                        Secretary of Homeland Security, shall review 
                        the Social Security Administration databases 
                        and information technology to identify any 
                        deficiencies and discrepancies related to name, 
                        birth date, citizenship status, or death 
                        records of the Social Security accounts and 
                        Social Security account holders likely to 
                        contribute to fraudulent use of documents, or 
                        identity theft, or to affect the proper 
                        functioning of the System, and shall correct 
                        any identified errors. The Commissioner shall 
                        ensure that a system for identifying and 
                        correcting such deficiencies and discrepancies 
                        is adopted to ensure the accuracy of the Social 
                        Security Administration's databases.
                            ``(iii) Notification to suspend use of 
                        social security number.--The Commissioner of 
                        Social Security, in consultation with the 
                        Secretary of Homeland Security, may establish a 
                        secure process whereby an individual can 
                        request that the Commissioner preclude any 
                        confirmation under the System based on that 
                        individual's Social Security number until it is 
                        reactivated by that individual.''.

SEC. 176. ANTIDISCRIMINATION PROTECTIONS.

    (a) Amendments.--Section 274B (8 U.S.C. 1324b) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) Prohibition of Discrimination Based on National Origin or 
Citizenship Status.--
            ``(1) In general.--It is an unfair immigration-related 
        employment practice for a person or other entity to 
        discriminate against any individual, because of such 
        individual's national origin or citizenship status, with 
        respect to the hiring of the individual for employment, the 
        verification of the individual's eligibility for employment 
        through the System described in section 274A(d), the 
        compensation, terms, conditions, or privileges of the 
        employment of the individual, or the discharging of the 
        individual from employment.
            ``(2) Exceptions.--Paragraph (1) shall not apply to--
                    ``(A) a person or other entity that employs 3 or 
                fewer employees, except for an employment agency, as 
                defined in paragraph (9);
                    ``(B) a person's or entity's discrimination because 
                of an individual's national origin if the 
                discrimination with respect to that person or entity 
                and that individual is covered under section 703 of the 
                Civil Rights Act of 1964 (42 U.S.C. 2000e-2);
                    ``(C) discrimination because of citizenship status 
                which is otherwise required in order to comply with 
                law, regulation, or executive order, or required by 
                Federal, State, or local government contract, or which 
                the Attorney General determines to be essential for an 
                employer to do business with an agency or department of 
                the Federal, State, or local government.
            ``(3) Additional exception providing right to prefer 
        equally qualified citizens.--Notwithstanding any other 
        provision of this section, it is not an unfair immigration-
        related employment practice for a person or other entity to 
        prefer to hire, recruit, or refer an individual who is a 
        citizen or national of the United States over another 
        individual who is an alien if the two individuals are equally 
        qualified.
            ``(4) Unfair immigration-related employment practices and 
        the system.--It is also an unfair immigration-related 
        employment practice for a person or other entity--
                    ``(A) to terminate the employment of an individual 
                or take any adverse employment action with respect to 
                that individual (including any change in the terms and 
                conditions of employment of the individual) due to a 
                further action notice issued by the System, or the 
                individual's decision to challenge or appeal any System 
                determination;
                    ``(B) to use the System with regard to any person 
                who is not an employee;
                    ``(C) to use the System to reverify the employment 
                authorization of a current employee, other than 
                reverification upon expiration of employment 
                authorization, or as otherwise authorized under section 
                274A(d) or by Executive Order;
                    ``(D) to use the System selectively to exclude 
                certain individuals from consideration for employment 
                as a result of a perceived likelihood that additional 
                verification will be required, beyond what is required 
                for most newly hired individuals;
                    ``(E) to fail to provide any required notice to a 
                current employee within the relevant time period;
                    ``(F) to use the System to deny workers' employment 
                benefits or otherwise interfere with their labor 
                rights;
                    ``(G) to use the System for any discriminatory or 
                retaliatory purpose;
                    ``(H) to use the System to prescreen an individual 
                for employment; and
                    ``(I) to use an immigration status verification 
                system or service other than those described in section 
                274A for purposes of verifying employment eligibility 
                under that section.
            ``(5) Prohibition of intimidation or retaliation.--It is 
        also an unfair immigration-related employment practice for a 
        person or other entity to intimidate, threaten, coerce, or 
        retaliate against any individual for the purpose of interfering 
        with any right or privilege secured under this section or 
        because the individual intends to file or has filed a charge or 
        a complaint, testified, assisted, or participated in any manner 
        in an investigation, proceeding, or hearing under this section.
            ``(6) Treatment of certain documentary practices as 
        employment practices.--A person's or other entity's request, 
        for purposes of satisfying the requirements of section 274A(b), 
        for more or different documents than are required under such 
        section or refusing to honor documents tendered that reasonably 
        appear to be genuine shall be treated as an unfair immigration-
        related employment practice in violation of paragraph (1).
            ``(7) Burden of proof in disparate impact cases.--
                    ``(A) An unlawful immigration-related employment 
                practice or unfair employment practice case based on 
                disparate impact is established only if:
                            ``(i) A complaining party demonstrates that 
                        a respondent uses a particular employment 
                        practice that causes a disparate impact on the 
                        basis of national origin or citizenship status 
                        and the respondent fails to demonstrate that 
                        the challenged practice is job related for the 
                        position in question and consistent with 
                        business necessity.
                            ``(ii) The complaining party demonstrates 
                        that an alternative employment practice is 
                        available and the respondent refuses to adopt 
                        such an alternative employment practice. An 
                        alternative employment practice is defined as a 
                        policy that would satisfy the employer's 
                        legitimate interests without having a disparate 
                        impact on a protected class.
                    ``(B) With respect to demonstrating that a 
                particular employment practice causes a disparate 
                impact as described in subparagraph (A), the 
                complaining party shall demonstrate that each 
                particular challenged employment practice causes a 
                disparate impact, except that if the complaining party 
                can demonstrate to the court that the elements of a 
                respondent's decision-making process are not capable of 
                separation for analysis, the decision-making process 
                may be analyzed as one employment practice.
                    ``(C) If the respondent demonstrates that a 
                specific employment practice does not cause the 
                disparate impact, the respondent shall not be required 
                to demonstrate that such practice is required by 
                business necessity.
                    ``(D) A demonstration that an employment practice 
                is required by business necessity may not be used as a 
                defense against a claim of intentional discrimination 
                under this statute.
            ``(8) Motivating factor.--Except as otherwise provided in 
        this Act, an unlawful immigration-related unfair employment 
        practice is established when the charging party demonstrates 
        that citizenship status or national origin was a motivating 
        factor for any employment practice, even though other factors 
        also motivated the practice.
            ``(9) Employment agency defined.--As used in this section, 
        the term `employment agency' means any person or entity 
        regularly undertaking with or without compensation to procure 
        employees for an employer or to procure for employees 
        opportunities to work for an employer and includes an agent of 
        such person or entity.'';
            (2) in subsection (d), by amending paragraphs (1) and (2) 
        to read as follows:
            ``(1) The Special Counsel shall investigate each charge 
        received and determine whether or not there is reasonable cause 
        to believe that the charge is true and whether or not to bring 
        a complaint with respect to the charge before an administrative 
        law judge. The Special Counsel may, on his or her own 
        initiative, conduct investigations respecting unfair 
        immigration-related employment practices or unfair employment 
        practices and, based on such an investigation, file a complaint 
        before such judge.
            ``(2) If the Special Counsel, after receiving such a charge 
        respecting an unfair immigration-related employment practice or 
        an unfair employment practice which alleges discriminatory 
        activity or a pattern or practice of discriminatory activity, 
        has not filed a complaint before an administrative law judge 
        with respect to such charge within 120 days, the Special 
        Counsel shall notify the person making the charge of the 
        determination not to file such a complaint during such period 
        and the person making the charge may file a complaint directly 
        before such judge within 90 days after the date of receipt of 
        the notice.'';
            (3) in subsection (g)(2)--
                    (A) in subparagraph (A), by inserting before the 
                period ``and which requires such affirmative action as 
                may be appropriate, or any other individual equitable 
                relief as the administrative law judge determines 
                appropriate.'';
                    (B) in subparagraph (B)--
                            (i) in clause (iii), by inserting before 
                        the semicolon ``, and to provide such other 
                        relief as the administrative law judge 
                        determines appropriate to make the individual 
                        whole''; and
                            (ii) by amending clause (iv) to read as 
                        follows--
                            ``(iv) to pay any applicable civil 
                        penalties proscribed below, the amounts of 
                        which may be adjusted periodically to account 
                        for inflation as provided by law--
                                    ``(I) except as provided in 
                                subclauses (II) through (IV), to pay a 
                                civil penalty of not less than $2,000 
                                and not more than $5,000 for each 
                                individual subjected to an unfair 
                                immigration related employment 
                                practice;
                                    ``(II) except as provided in 
                                subclauses (III) and (IV), in the case 
                                of a person or entity previously 
                                subject to a single order under this 
                                paragraph, to pay a civil penalty of 
                                not less than $4,000 and not more than 
                                $10,000 for each individual subjected 
                                to an unfair immigration related 
                                employment practice;
                                    ``(III) except as provided in 
                                subclause (IV), in the case of a person 
                                or entity previously subject to more 
                                than one order under this paragraph, to 
                                pay a civil penalty of not less than 
                                $8,000 and not more than $25,000 for 
                                each individual subjected to an unfair 
                                immigration related employment 
                                practice; and
                                    ``(IV) in the case of an unfair 
                                immigration-related employment practice 
                                described in subsection (a)(6) of this 
                                section, to pay a civil penalty of not 
                                less than $500 and not more than $5,000 
                                for each individual subjected to an 
                                unfair immigration related employment 
                                practice.'';
                    (C) in clause (vii) by striking ``and'' at the end;
                    (D) in clause (viii), by striking the period at the 
                end and inserting ``; and''; and
                    (E) by adding at the end the following:
                            ``(ix)(I) An order of the administrative 
                        law judge may not require the admission or 
                        reinstatement of an individual as a member of a 
                        union, or the hiring, reinstatement, or 
                        promotion of an individual as an employee, if 
                        such individual was refused admission, 
                        suspended, or expelled, or was refused 
                        employment or advancement or was suspended or 
                        discharged more likely that not, for any reason 
                        other than discrimination on account of 
                        citizenship status or national origin or in 
                        violation of this section.
                            ``(II) On a claim in which an individual 
                        proves a violation under paragraph (a)(9) and a 
                        respondent demonstrates that the respondent 
                        would have taken the same action in the absence 
                        of the impermissible motivating factor, the 
                        administrative law judge may grant declaratory 
                        relief, injunctive relief (except as provided 
                        in clause (b)(2)), and attorney's fees and 
                        costs demonstrated to be directly attributable 
                        only to the pursuit of a claim under paragraph 
                        (a)(9); and shall not award damages or issue an 
                        order requiring any admission, reinstatement, 
                        hiring, promotion, or payment, described in 
                        subparagraph (I).'';
            (4) in subsection (l)(3), by inserting ``and an additional 
        $40,000,000 for each of fiscal years 2012 through 2014'' before 
        the period at the end; and
            (5) by adding at the end the following:
    ``(m) Reports.--The Secretary of Homeland Security shall make 
transactional data and citizenship status data related to the System 
available upon request by the Special Counsel.
    ``(n) Records.--
            ``(1) In general.--Every employer, employment agency, and 
        labor organization subject to this section shall--
                    ``(A) make and keep such records relevant to the 
                determinations of whether unlawful employment practices 
                have been or are being committed;
                    ``(B) preserve such records for such periods; and
                    ``(C) make reports from such records as prescribed 
                by the Special Counsel, by regulation or order, after 
                public hearing, as reasonable, necessary, or 
                appropriate for the enforcement of this section.
            ``(2) Cooperation.--The Special Counsel may--
                    ``(A) cooperate with State and local agencies 
                charged with the administration of State fair 
                employment practices laws;
                    ``(B) with the consent of the agencies referred to 
                in subparagraph (A), for the purpose of carrying out 
                its functions and duties under this section, and within 
                the limitation of funds appropriated specifically for 
                such purpose--
                            ``(i) engage in and contribute to the cost 
                        of research and other projects of mutual 
                        interest undertaken by such agencies;
                            ``(ii) utilize the services of such 
                        agencies and their employees; and
                            ``(iii) notwithstanding any other provision 
                        of law, pay by advance or reimbursement such 
                        agencies and their employees for services 
                        rendered to assist the Special Counsel in 
                        carrying out this section.
                    ``(C) in furtherance of the cooperative efforts 
                under this paragraph, enter into written agreements 
                with such State or local agencies, which--
                            ``(i) may include provisions under which 
                        the Special Counsel shall refrain from 
                        processing a charge in any cases or class of 
                        cases specified in such agreements or under 
                        which the Special Counsel shall relieve any 
                        person or class of persons in such State or 
                        locality from requirements imposed under this 
                        section; and
                            ``(ii) shall be rescinded if the Special 
                        Counsel determines that the agreement no longer 
                        serves the interest of effective enforcement of 
                        this section.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
violations occurring on or after such date.

SEC. 177. IMMIGRATION ENFORCEMENT SUPPORT BY THE INTERNAL REVENUE 
              SERVICE AND THE SOCIAL SECURITY ADMINISTRATION.

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

SEC. 178. ENHANCED VERIFICATION SYSTEM.

    (a) Right To Review and Correct System Information.--The Secretary, 
in consultation with the Commissioner of Social Security, shall 
establish--
            (1) procedures to permit an individual--
                    (A) to verify the individual's eligibility for 
                employment in the United States before obtaining or 
                changing employment;
                    (B) to view the individual's own records in the 
                Enhanced Verification System in order to ensure the 
                accuracy of such records; and
                    (C) to correct or update the information used by 
                the System regarding the individual by electronic 
                means, to the greatest extent practicable; and
            (2) procedures for establishing an Enhanced Verification 
        System under subsection (b) through which an individual who has 
        viewed the individual's own record may electronically--
                    (A) block the use of the individual's Social 
                Security number under the System; and
                    (B) remove such block in order to--
                            (i) prevent the fraudulent or other misuse 
                        of a Social Security account number;
                            (ii) prevent employer misuse of the system;
                            (iii) protect privacy; and
                            (iv) limit erroneous nonconfirmations 
                        during employment verification.
    (b) Enhanced Verification System.--
            (1) In general.--The Secretary, in consultation with the 
        Commissioner of Social Security, shall establish a voluntary 
        self-verification system to allow an individual to submit 
        biometric information, verify the individual's own record, and 
        to block and unblock the use of the individual's Social 
        Security number in order to prevent the fraudulent or other 
        misuse of the individual's Social Security number during 
        employment verification, to prevent employer misuse of the 
        system, to protect privacy, and to limit erroneous non-
        confirmations during employment verification.
            (2) Voluntary enrollment.--An individual may enroll in the 
        Enhanced Verification System on a voluntary basis.
            (3) Electronic access.--The Secretary shall establish 
        procedures allowing individuals to use a Personal 
        Identification Number (PIN) or other biographic information to 
        authenticate the individual's identity and to block and unblock 
        the individual's Social Security number electronically.
            (4) Use of enhanced verification system receipt for purpose 
        of employment verification.--The Secretary shall establish 
        procedures to allow an individual who has authenticated the 
        individual's identity and unblocked the individual's Social 
        Security number to receive a single -use code as a receipt 
        indicating that the individual is work authorized and has self-
        verified, and procedures to allow the individual to use the 
        single-use code in place of the identity and eligibility 
        documents described in this section.
            (5) Expedited review process.--The Secretary shall 
        establish an expedited review process to allow an individual 
        who has authenticated the individual's identity and unblocked 
        the individual's Social Security number immediately to correct 
        user or system errors which result in an erroneous non-
        confirmation of work eligibility.
            (6) Reports.--
                    (A) System assessment.--Not later than 3 months 
                after the end of the third and fourth years in which 
                the programs are in effect, the Secretary shall submit 
                reports to the Committee on the Judiciary of the Senate 
                and the Committee on the Judiciary of the House of 
                Representatives on the Enhanced Verification System 
                that--
                            (i) assesses the degree of fraudulent 
                        attesting of United States citizenship;
                            (ii) assesses the benefits of the Enhanced 
                        Verification System to employers and the degree 
                        to which it assists in the enforcement of 
                        section 274A of the Immigration and Nationality 
                        Act;
                            (iii) assesses the benefits of the Enhanced 
                        Verification System to individuals and the 
                        degree to which they prevent misuse of the 
                        System and erroneous non-confirmations during 
                        employment verification;
                            (iv) determines whether the Enhanced 
                        Verification System reduces discrimination 
                        during the employment verification process;
                            (v) assesses the degree to which the 
                        Enhanced Verification System protects employee 
                        civil liberties and privacy; and
                            (vi) includes recommendations on whether 
                        the Enhanced Verification System should be 
                        continued or modified.
                    (B) Report on expansion.--Not later than July 1, 
                2016, the Secretary shall submit a report shall to the 
                committees referred to in subparagraph (A) that--
                            (i) evaluates whether the problems 
                        identified by the reports submitted under 
                        subparagraph (A) have been substantially 
                        resolved; and
                            (ii) describes the actions to be taken by 
                        the Secretary before requiring any individual 
                        to participate in the Enhanced Verification 
                        System.
            (7) Limitation on use of the confirmation system and any 
        related systems.--Notwithstanding any other provision of law, 
        nothing in this section may be construed to permit any 
        department, bureau, or other agency of the United States 
        Government to utilize any information, database, or other 
        records assembled under this section for any other purpose 
        other than as provided for under the Enhanced Verification 
        System.

SEC. 179. AUTHORIZATION OF APPROPRIATIONS.

    (a) Department of Homeland Security.--There are authorized to be 
appropriated to the Department such sums as may be necessary to carry 
out this subtitle, and the amendments made by this subtitle, including 
the following:
            (1) In each of the 5 years beginning on the date of the 
        enactment of this Act, the appropriations necessary to increase 
        to a level not less than 4500, by the end of such five-year 
        period, the total number of personnel of the Department of 
        Homeland Security assigned exclusively or principally to an 
        office or offices in U.S. Citizenship and Immigration Services 
        and U.S. Immigration and Customs Enforcement (and consistent 
        with the missions of such agencies), dedicated to administering 
        the System, and monitoring and enforcing compliance with 
        sections 274A, 274B, and 274C of the Immigration and 
        Nationality Act (8 U.S.C. 1324a, 1324b, and 1324c), including 
        compliance with the requirements of the System. These personnel 
        shall perform compliance and monitoring functions, including 
        the following:
                    (A) Verify Employment Identification Numbers of 
                employers participating in the System.
                    (B) Verify compliance of employers participating in 
                the System with the requirements for participation that 
                are prescribed by the Secretary.
                    (C) Monitor the System for multiple uses of Social 
                Security numbers and immigration identification numbers 
                that could indicate identity theft or fraud.
                    (D) Monitor the System to identify discriminatory 
                or unfair practices.
                    (E) Monitor the System to identify employers who 
                are not using the system properly, including employers 
                who fail to make available appropriate records with 
                respect to their queries and any notices of 
                confirmation, nonconfirmation, or further action.
                    (F) Identify instances where employees allege that 
                an employer violated their privacy, civil or labor 
                rights, or misused the System, and create procedures 
                for employees to report such allegations.
                    (G) Analyze and audit the use of the System and the 
                data obtained through the System to identify fraud 
                trends, including fraud trends across industries, 
                geographical areas, or employer size.
                    (H) Analyze and audit the use of the System and the 
                data obtained through the System to develop compliance 
                tools as necessary to respond to changing patterns of 
                fraud.
                    (I) Provide employers with additional training and 
                other information on the proper use of the System, 
                including but not limited to privacy training and 
                employee rights.
                    (J) Perform threshold evaluation of cases for 
                referral to the Special Counsel for Unfair Immigration-
                Related Employment Practices or the Equal Employment 
                Opportunity Commission, and other officials or agencies 
                with responsibility for enforcing anti-discrimination, 
                civil rights, privacy or worker protection laws, as may 
                be appropriate.
                    (K) Any other compliance and monitoring activities 
                that, in the Secretary's judgment, are necessary to 
                ensure the functioning of the System.
                    (L) Investigate identity theft and fraud detected 
                through the System and undertake the necessary 
                enforcement or referral actions.
                    (M) Investigate use of or access to fraudulent 
                documents and undertake the necessary enforcement 
                actions.
                    (N) Perform any other investigations that, in the 
                Secretary's judgment, are necessary to ensure the 
                lawful functioning of the System, and undertake any 
                enforcement actions necessary as a result of these 
                investigations.
            (2) The appropriations necessary to acquire, install and 
        maintain technological equipment necessary to support the 
        functioning of the System and the connectivity between U.S. 
        Citizenship and Immigration Services and U.S. Immigration and 
        Customs Enforcement, Department of Justice, and other agencies 
        or officials with respect to the sharing of information to 
        support the System and related immigration enforcement actions.
            (3) The appropriations necessary to establish a robust 
        redress process for employees who wish to appeal contested 
        nonconfirmations to ensure the accuracy and fairness of the 
        System.
            (4) The appropriations necessary to provide a means by 
        which individuals may access their own employment authorization 
        data to ensure its accuracy independent of their employer.
            (5) The appropriations necessary to establish a Joint 
        Employment Fraud Task Force to promote employer compliance with 
        the system and ensure a coordinated response to noncompliance.
            (6) The appropriations necessary for the Office for Civil 
        Rights and Civil Liberties and the Office of Privacy to perform 
        their responsibilities as they relate to the System.
            (7) The appropriations necessary to make grants to states 
        to support them in assisting the federal government in carrying 
        out the provisions of this subtitle.
    (b) Social Security Administration.--There are authorized to be 
appropriated to the Social Security Administration such sums as may be 
necessary to carry out its responsibilities under this subtitle, 
including section 177.
    (c) Department of Justice.--There are authorized to be appropriated 
to the Department of Justice such sums as may be necessary to carry out 
its responsibilities under this subtitle, including enforcing 
compliance with section 274B of the Act, as amended by section 176 of 
this Act.
    (d) Department of State.--There are authorized to be appropriated 
to the Department of State such sums as may be necessary to carry out 
its responsibilities under this subtitle.

              TITLE II--IMMIGRATION ENFORCEMENT AND REFORM

                     Subtitle A--Border Enforcement

                PART I--ADDITIONAL ASSETS AND RESOURCES

SEC. 201. EFFECTIVE DATE TRIGGERS.

    (a) In General.--Notwithstanding any effective date provision or 
any other law, the status of an alien in lawful prospective immigrant 
status may not be adjusted to the status of an alien lawfully admitted 
for permanent residence under section 112 unless--
            (1) the Secretary has submitted a written certification to 
        the President and Congress that the measures described in 
        subsection (b) are established, funded, and operational; and
            (2) the Attorney General has submitted a written 
        certification to the President and Congress that each of the 
        measures described in subsection (c) are established, funded, 
        and operational.
    (b) Measures by Department of Homeland Security.--The measures 
described in this subsection are established, funded, and operational 
if--
            (1) U.S. Immigration and Customs Enforcement has--
                    (A) employed not fewer than 6,410 agents to 
                investigate violations of criminal law, including--
                            (i) document and benefit fraud; and
                            (ii) the cross-border smuggling of aliens, 
                        firearms, narcotics, and other contraband;
                    (B) employed not fewer than 185 worksite 
                enforcement auditors to support a worksite enforcement 
                strategy that prioritizes developing cases against 
                employers committing serious violations;
                    (C) created and staffed an Immigration Benefit and 
                Document Fraud Task Force in each field office headed 
                by a Special Agent in Charge;
                    (D) established a nationwide plan, with benchmarks, 
                to dramatically increase the nationwide enrollment in 
                an alternatives to detention program that utilizes 
                community-based nonprofit organizations; and
                    (E) implemented civil detention standards with 
                which each facility detaining immigrants is required to 
                comply;
            (2) U.S. Customs and Border Protection has--
                    (A) employed not fewer than 21,000 United States 
                Border Patrol agents who have been trained and have 
                reported for duty, including additional agents who 
                conduct inspections for drugs, contraband, and 
                immigrants who are unlawfully present at ports of entry 
                in the United States;
                    (B) employed not fewer than 21,500 officers who 
                have been trained and have reported for duty at the 
                Office of Field Operations;
                    (C) deployed 7 unmanned aircraft systems;
                    (D) deployed remote video surveillance systems at 
                300 sites;
                    (E) acquired 200 scope trucks; and
                    (F) acquired 56 mobile surveillance systems; and
            (3) the Secretary has received and is processing and 
        adjudicating applications under title I in a timely manner, 
        including conducting all necessary background and security 
        checks required under such title.
    (c) Measures by Department of Justice.--The measures described in 
this subsection are established, funded, and operational if the 
Department of Justice has--
            (1) employed not fewer than 150 Assistant United States 
        Attorneys who prosecute criminal violations at the border; and
            (2) employed not fewer than 275 immigration judges and 
        appropriate support staff.

SEC. 202. CUSTOMS AND BORDER PROTECTION PERSONNEL.

    (a) Staff Enhancements.--
            (1) Revisions to fiscal year allocations and funding.--
        Title II of the Department of Homeland Security Appropriations 
        Act, 2010 (Public Law 111-83), is amended by inserting 
        ``Provided further, That of the total amount provided, 
        $40,000,000 shall be used to pay the salaries and related 
        compensation for 250 additional Customs and Border Protection 
        officers and 25 associated support staff personnel, who shall 
        be devoted to new inspection lanes at new land ports of entry 
        on the Southwest border'' before the period at the end of the 
        first paragraph.
            (2) New personnel.--In addition to positions authorized 
        before the date of the enactment of this Act and any officer 
        vacancies within U.S. Customs and Border Protection on such 
        date, the Secretary shall hire, train, and assign to duty, not 
        later than September 30, 2013--
                    (A) 2,500 full-time Customs and Border Protection 
                officers to serve on all primary, secondary, incoming, 
                and outgoing inspection lanes and enforcement teams at 
                United States land ports of entry on the Northern 
                border;
                    (B) 2,500 full-time Customs and Border Protection 
                officers to serve on all primary, secondary, incoming, 
                and outgoing inspection lanes and enforcement teams at 
                United States land ports of entry on the Southern 
                border; and
                    (C) 350 full-time support staff for all United 
                States ports of entry.
    (b) Waiver of FTE Limitation.--The Secretary may waive any 
limitation on the number of full-time equivalent personnel assigned to 
the Department to comply with subsection (a).
    (c) Report to Congress.--
            (1) Outbound inspections.--Not later than 90 days after the 
        date of the enactment of this Act, the Secretary shall submit a 
        report that describes the Department's plans for ensuring the 
        placement of sufficient U.S. Customs and Border Protection 
        officers on outbound inspections at all Southern border and 
        Northern border land ports of entry to--
                    (A) the Committee on the Judiciary of the Senate;
                    (B) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (C) the Committee on the Judiciary of the House of 
                Representatives; and
                    (D) the Committee on Homeland Security of the House 
                of Representatives.
            (2) Agricultural specialists.--Not later than 90 days after 
        the date of the enactment of this Act, the Secretary, in 
        consultation with the Secretary of Agriculture, shall submit a 
        report to the committees set forth in paragraph (1) that 
        contains plans for ensuring the placement of sufficient 
        agriculture specialists at all Southern border and Northern 
        border land ports of entry.
    (d) Retention Incentive Payments.--
            (1) Payments authorized.--Subject to paragraph (2), during 
        the 6-year period beginning on July 1, 2011, the Secretary may 
        make incentive payments to qualified U.S. Customs and Border 
        Protection port of entry officers, to the extent necessary to 
        retain such officers.
            (2) Special rules for incentive payments.--
                    (A) In general.--Each payment made under paragraph 
                (1)--
                            (i) shall be paid to each qualified 
                        employee, in a lump sum that does not exceed 
                        $10,000, at the end of the fiscal year in which 
                        the employee is selected by the Secretary, or a 
                        delegate of the Secretary, to receive such 
                        payment;
                            (ii) may not be limited solely to work 
                        performance, but may be based on criteria such 
                        as--
                                    (I) comparative salaries for law 
                                enforcement officers in other Federal 
                                agencies;
                                    (II) costs for replacement and 
                                training of a new employee; and
                                    (III) volume of work at the port of 
                                entry;
                            (iii) shall be contingent upon the selected 
                        employee signing an agreement, under penalty of 
                        perjury, to continue serving as a United States 
                        Customs and Border Protection officer at a land 
                        port of entry for at least 3 additional years; 
                        and
                            (iv) shall be subject to reimbursement if 
                        the employee fails to complete the 3-year 
                        service requirement described in clause (iii) 
                        due to voluntary or involuntary separation from 
                        service.
                    (B) Limitations.--
                            (i) Total payments.--The total payments 
                        under subparagraph (A) may not exceed 
                        $55,000,000.
                            (ii) Fiscal years 2012 through 2016.--In 
                        each of the fiscal years 2012 through 2016, the 
                        Secretary may not make more than 500 incentive 
                        payments under this subsection.
                            (iii) Eligibility.--Any employee who 
                        receives a retention incentive payment under 
                        this subsection in a fiscal year shall not be 
                        eligible to receive another such payment until 
                        the employee completes at least 2 years of 
                        service with the Department after receiving 
                        such payment.

SEC. 203. SECURE COMMUNICATION; EQUIPMENT; AND GRANTS FOR BORDER 
              PERSONNEL.

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

SEC. 204. INFRASTRUCTURE IMPROVEMENTS AND EXPANSION OF LAND PORTS OF 
              ENTRY.

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

SEC. 205. ADDITIONAL AUTHORITIES FOR PORT OF ENTRY CONSTRUCTION.

    (a) In General.--In order to aid in the enforcement of Federal 
customs, immigration, and agriculture laws, the Commissioner of U.S. 
Customs and Border Protection may--
            (1) design, construct, and modify land ports of entry and 
        other structures and facilities, including living quarters for 
        officers, agents, and personnel;
            (2) acquire, by purchase, donation, exchange, or otherwise, 
        land or any interest in land determined to be necessary to 
        carry out the Commissioner's duties under this section; and
            (3) construct additional ports of entry along the Southern 
        border and the Northern border.
    (b) Consultation.--
            (1) Locations for new ports of entry.--The Secretary shall 
        consult with the Secretary of the Interior, the Secretary of 
        Agriculture, the Secretary of State, the International Boundary 
        and Water Commission, the International Joint Commission, and 
        appropriate representatives of States, local governments, 
        Indian tribes (as defined in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b)), 
        and property owners to--
                    (A) determine locations for new ports of entry; and
                    (B) minimize adverse impacts from such ports on the 
                environment, historic and cultural resources, commerce, 
                and quality of life for the communities and residents 
                located near such ports.
            (2) Savings provision.--Nothing in this subsection may be 
        construed--
                    (A) to create any right or liability of the parties 
                described in paragraph (1);
                    (B) to affect the legality and validity of any 
                determination under this Act by the Secretary; or
                    (C) to affect any consultation requirement under 
                any other law.

SEC. 206. ADDITIONAL INCREASES IN IMMIGRATION ENFORCEMENT PERSONNEL.

    (a) Immigration and Customs Enforcement Investigators.--Section 
5203 of the Intelligence Reform and Terrorism Prevention Act of 2004 
(Public Law 108-458; 118 Stat. 3734) is amended by striking ``800'' and 
inserting ``1000''.
    (b) Additional Personnel.--In addition to the positions authorized 
under section 5203 of the Intelligence Reform and Terrorism Prevention 
Act of 2004, as amended by subsection (a), during each of the fiscal 
years 2012 through 2016, the Secretary shall, subject to the 
availability of appropriations, increase by not less than 50 the number 
of positions for personnel within the Department assigned to 
investigate alien smuggling.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as may be necessary for each of 
the fiscal years 2012 through 2016 to carry out this section.

SEC. 207. ADDITIONAL IMMIGRATION COURT PERSONNEL.

    (a) Department of Justice.--
            (1) Litigation attorneys.--In each of the fiscal years 2012 
        through 2016, the Attorney General, subject to the availability 
        of appropriations for such purpose, shall increase the number 
        of positions for attorneys in the Office of Immigration 
        Litigation of the Department of Justice by not fewer than 50.
            (2) Immigration judges.--In each of the fiscal years 2012 
        through 2016, the Attorney General, subject to the availability 
        of appropriations for such purpose, shall--
                    (A) increase the number of full-time immigration 
                judges by not fewer than 20, compared to the number of 
                such positions for which funds were made available 
                during the preceding fiscal year; and
                    (B) increase the number of personnel to support the 
                immigration judges described in subparagraph (A) by not 
                fewer than 80, compared to the number of such positions 
                for which funds were made available during the 
                preceding fiscal year.
            (3) Staff attorneys.--In each of fiscal years 2012 through 
        2016, the Attorney General, subject to the availability of 
        appropriations for such purpose, shall increase by not fewer 
        than 10--
                    (A) the number of positions for full-time staff 
                attorneys in the Board of Immigration Appeals, compared 
                to the number of such positions for which funds were 
                made available during the preceding fiscal year; and
                    (B) the number of positions for personnel to 
                support the staff attorneys described in subparagraph 
                (A), compared to the number of such positions for which 
                funds were made available during the preceding fiscal 
                year.
            (4) Authorization of appropriations.--There are authorized 
        to be appropriated to the Attorney General for each of the 
        fiscal years 2012 through 2016 such sums as may be necessary to 
        carry out this subsection, including hiring necessary support 
        staff.

SEC. 208. IMPROVED TRAINING FOR BORDER SECURITY AND IMMIGRATION 
              ENFORCEMENT OFFICERS.

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

SEC. 209. INVENTORY OF ASSETS AND PERSONNEL.

    (a) Inventory.--The Secretary shall compile an inventory of--
            (1) the assets, equipment, supplies, and other physical 
        resources dedicated to border security and enforcement as of 
        the date of the enactment of this Act; and
            (2) the personnel and other human resources dedicated to 
        border security and enforcement as of the date of the enactment 
        of this Act.
    (b) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary shall submit the inventory required under 
subsection (a) to--
            (1) the Committee on the Judiciary of the Senate;
            (2) the Committee on Homeland Security and Governmental 
        Affairs of the Senate;
            (3) the Committee on the Judiciary of the House of 
        Representatives;
            (4) the Committee on Homeland Security of the House of 
        Representatives; and
            (5) the Committee on Oversight and Government Reform of the 
        House of Representatives.

SEC. 210. U.S. CUSTOMS AND BORDER PROTECTION ASSETS.

    (a) Personal Equipment.--
            (1) Body armor.--The Secretary shall ensure that each 
        border patrol agent--
                    (A) is issued high-quality body armor that is 
                appropriate for the climate and risks faced by the 
                agent;
                    (B) is permitted to select body armor from among a 
                variety of approved brands and styles;
                    (C) is strongly encouraged to wear such body armor 
                whenever practicable; and
                    (D) is issued replacement body armor not less 
                frequently than once every 5 years.
            (2) Weapons.--The Secretary shall ensure that--
                    (A) border patrol agents are equipped with weapons 
                that are reliable and effective to protect themselves, 
                their fellow agents, and innocent third parties from 
                the threats posed by armed criminals; and
                    (B) all agents are authorized to carry weapons that 
                are suited to the potential threats that they face.
            (3) Uniforms.--The Secretary shall ensure that all agents 
        are provided, at no cost to such agents--
                    (A) all necessary uniform items, including 
                outerwear suited to the climate, footwear, belts, 
                holsters, and personal protective equipment; and
                    (B) replacement uniform items when such items 
                become worn or unserviceable or no longer fit properly.
    (b) Helicopters and Power Boats.--
            (1) Helicopters.--The Secretary shall--
                    (A) conduct a review of the helicopters needed by 
                the Border Patrol;
                    (B) acquire additional helicopters for the Border 
                Patrol if the Secretary determines that the existing 
                number of helicopters is insufficient; and
                    (C) ensure that appropriate types of helicopters 
                are procured for the various missions being performed.
            (2) Power boats.--The Secretary shall--
                    (A) conduct a review of the power boats needed by 
                the Border Patrol;
                    (B) acquire additional power boats for the Border 
                Patrol if the Secretary determines that the existing 
                number of power boats is insufficient; and
                    (C) ensure that appropriate types of power boats 
                are procured for the waterways in which they are used 
                and the mission requirements.
            (3) Use and training.--The Secretary shall--
                    (A) establish a standard policy on the use of the 
                helicopters and power boats procured under this 
                subsection; and
                    (B) implement training programs for the Border 
                Patrol agents who use such assets, including safe 
                operating procedures and rescue operations.
    (c) Motor Vehicles.--
            (1) Quantity.--The Secretary shall--
                    (A) conduct a review of the motor vehicles needed 
                by the Border Patrol;
                    (B) acquire additional, appropriate motor vehicles 
                for the Border Patrol if the Secretary determines that 
                the existing number of motor vehicles is insufficient; 
                and
                    (C) ensure that there are sufficient numbers and 
                types of other motor vehicles to support the mission of 
                the Border Patrol.
            (2) Features.--All motor vehicles purchased for the Border 
        Patrol shall--
                    (A) be appropriate for the mission of the Border 
                Patrol; and
                    (B) have a panic button and a global positioning 
                system device that is activated solely in emergency 
                situations to track the location of agents in distress.
    (d) Electronic Equipment.--
            (1) Portable computers.--The Secretary shall ensure that 
        each police-type motor vehicle in the fleet of the Border 
        Patrol--
                    (A) is equipped with a portable computer with 
                access to all necessary law enforcement databases; and
                    (B) is otherwise suited to the unique operational 
                requirements of the Border Patrol.
            (2) Radio equipment.--The Secretary shall augment the radio 
        communications system of the Border Patrol so that--
                    (A) all law enforcement personnel working in each 
                area where Border Patrol operations are conducted have 
                clear and encrypted 2-way radio communication 
                capabilities at all times; and
                    (B) each portable communications device is equipped 
                with a panic button and a global positioning system 
                device that is activated solely in emergency situations 
                to track the location of agents in distress.
            (3) Handheld global positioning system devices.--If the 
        Secretary determines that each member of a class of Border 
        Patrol agents need a handheld global positioning system device 
        to effectively and safely carry out his or her duties, the 
        Secretary shall ensure that each such agent is issued such 
        device for navigational purposes.
            (4) Night vision equipment.--The Secretary shall ensure 
        that sufficient quantities of state-of-the-art night vision 
        equipment are procured and maintained to enable each Border 
        Patrol agent working during the hours of darkness to be 
        equipped with a portable night vision device.
    (e) Appropriations.--There are authorized to be appropriated to the 
Secretary such sums as may be necessary for each of fiscal years 2012 
through 2016 to carry out this section.

SEC. 211. TECHNOLOGICAL ASSETS AND PROGRAMS.

    (a) Acquisition.--Subject to the availability of appropriations for 
such purpose, the Secretary shall procure additional unmanned aerial 
systems, aircrafts, cameras, poles, ground sensors, and other 
technologies necessary to achieve effective control of the land and 
maritime borders of the United States.
    (b) Unmanned Aircraft and Associated Infrastructure.--The Secretary 
shall acquire and maintain unmanned aerial systems for use on the 
border, including related equipment such as--
            (1) additional sensors;
            (2) critical spares;
            (3) satellite command and control; and
            (4) other necessary equipment for operational support.
    (c) Privacy and Civil Liberties Assessments.--The Secretary, in 
consultation with the Attorney General, shall conduct a privacy impact 
assessment and a civil liberties impact assessment before deploying new 
technologies acquired under this subsections (a) and (b).
    (d) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary such sums as may be necessary for each of the 
        fiscal years 2012 through 2016 to carry out subsections (a) and 
        (b).
            (2) Availability of funds.--Amounts appropriated pursuant 
        to paragraph (1) shall remain available until expended.
    (e) Surveillance Technologies Programs.--
            (1) Aerial surveillance program.--
                    (A) In general.--In conjunction with the border 
                surveillance plan developed under section 5201 of the 
                Intelligence Reform and Terrorism Prevention Act of 
                2004 (8 U.S.C. 1701 note) and subject to the 
                availability of appropriations for such purpose, the 
                Secretary shall fully integrate and utilize aerial 
                surveillance technologies, including unmanned aerial 
                systems, that the Secretary determines to be necessary 
                to enhance the security of the Northern border and the 
                Southern border.
                    (B) Assessment and consultation requirements.--The 
                Secretary shall--
                            (i) consider current and proposed aerial 
                        surveillance technologies;
                            (ii) assess the feasibility and 
                        advisability of utilizing such technologies to 
                        address border threats, including an assessment 
                        of the technologies considered best suited to 
                        address respective threats;
                            (iii) consult with the Secretary of Defense 
                        regarding any technologies or equipment which 
                        the Secretary may deploy along a border of the 
                        United States;
                            (iv) consult with the Administrator of the 
                        Federal Aviation Administration regarding 
                        safety, airspace coordination and regulation, 
                        and any other issues necessary for 
                        implementation of the program;
                            (v) consult with the Secretary of State 
                        with respect to any foreign policy or 
                        international law implications relating to the 
                        implementation or conduct of the program; and
                            (vi) conduct a privacy impact assessment 
                        and civil liberties impact assessment before 
                        the deployment of the new technologies acquired 
                        under this paragraph.
                    (C) Evaluation of technologies.--The aerial 
                surveillance program authorized under this paragraph 
                shall include the use of a variety of aerial 
                surveillance technologies in a variety of topographies 
                and areas, including populated and unpopulated areas 
                located on or near the international border of the 
                United States, to evaluate, for a range of 
                circumstances--
                            (i) the significance of previous 
                        experiences with such technologies in border 
                        security or critical infrastructure protection;
                            (ii) the cost and effectiveness of various 
                        technologies for border security, including 
                        varying levels of technical complexity; and
                            (iii) liability, safety, civil liberties, 
                        and privacy concerns relating to the 
                        utilization of such technologies for border 
                        security.
                    (D) Additional reviews.--In accordance with 
                sections 222 and 705 of the Homeland Security Act of 
                2002 (6 U.S.C. 142 and 345), the Chief Privacy Officer 
                and the Officer for Civil Rights and Civil Liberties 
                shall conduct additional reviews, as necessary.
                    (E) Continued use of aerial surveillance 
                technologies.--The Secretary may continue the operation 
                of aerial surveillance technologies in use on the date 
                of the enactment of this Act while assessing the 
                effectiveness of the utilization of such technologies.
                    (F) Authorization of appropriations.--There are 
                authorized to be appropriated such sums as may be 
                necessary for each of the fiscal years 2012 through 
                2016 to carry out this paragraph.
            (2) Integrated and automated surveillance program.--
                    (A) Requirement for program.--Subject to the 
                availability of appropriations, the Secretary shall 
                establish a program to procure additional unmanned 
                aerial systems, cameras, poles, sensors, satellites, 
                radar coverage, and other technologies necessary--
                            (i) to achieve effective control of the 
                        Northern border and the Southern border; and
                            (ii) to establish a security perimeter (to 
                        be known as a ``virtual fence'') along the 
                        Northern border and the Southern border to 
                        provide a barrier to unauthorized immigration.
                    (B) Program components.--In carrying out the 
                program authorized under this paragraph, the Secretary, 
                to the maximum extent feasible, shall--
                            (i) utilize integrated technologies that 
                        function cohesively in an automated fashion;
                            (ii) use a standard process to collect, 
                        catalog, and report intrusion and response data 
                        collected under the program;
                            (iii) ensure that future surveillance 
                        technology investments and upgrades for the 
                        program can be integrated with existing 
                        systems;
                            (iv) develop and apply performance measures 
                        to evaluate whether the program is providing 
                        desired results by increasing response 
                        effectiveness in monitoring and detecting 
                        unauthorized intrusions along the Northern 
                        border and the Southern border;
                            (v) develop plans, in accordance with 
                        relevant environmental laws, to streamline site 
                        selection, site validation, and environmental 
                        assessment processes to minimize delays of 
                        installing surveillance technology 
                        infrastructure;
                            (vi) develop standards to expand the shared 
                        use of existing private and governmental 
                        structures to install remote surveillance 
                        technology infrastructure to the extent 
                        possible; and
                            (vii) develop standards to identify and 
                        deploy the use of nonpermanent or mobile 
                        surveillance platforms that will increase the 
                        Secretary's mobility and ability to identify 
                        unauthorized border intrusions.
                    (C) Authorization of appropriations.--There are 
                authorized to be appropriated such sums as may be 
                necessary for each of the fiscal years 2012 through 
                2016 to carry out this paragraph.

    PART II--ENHANCED COORDINATION AND PLANNING FOR BORDER SECURITY

SEC. 216. ANNUAL REPORT ON IMPROVING NORTH AMERICAN SECURITY 
              INFORMATION EXCHANGE.

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

SEC. 217. COOPERATION WITH THE GOVERNMENT OF MEXICO.

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

SEC. 218. EXPANSION OF COMMERCE SECURITY PROGRAMS.

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

SEC. 219. NORTHERN BORDER AND SOUTHERN BORDER DRUG PROSECUTION 
              INITIATIVE.

    (a) Reimbursement to State and Local Prosecutors for Prosecuting 
Federally Initiated Drug Cases.--Subject to the availability of 
appropriations, the Attorney General shall reimburse State and county 
prosecutors located in States along the Northern border or the Southern 
border for prosecuting federally initiated and referred drug cases.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary for each of the fiscal years 
2012 through 2016 to carry out subsection (a).

SEC. 220. BORDER RELIEF GRANT PROGRAM.

    (a) Grants Authorized.--
            (1) In general.--The Attorney General may award grants, on 
        a competitive basis, to--
                    (A) eligible law enforcement agencies or a 
                coalition of such agencies, including sheriff's 
                offices, police departments, and tribal police 
                departments; and
                    (B) institutions of higher education that provide 
                assistance to law enforcement agencies in counties 
                described in subparagraph (A) or (B) of subsection 
                (e)(1) to provide the resources described in subsection 
                (b)(4).
            (2) Priority.--In awarding grants for the uses described in 
        paragraphs (1) through (3) of subsection (b), the Attorney 
        General shall give priority to law enforcement agencies--
                    (A) located in a county that is within 100 miles 
                from the Northern border or the Southern border; and
                    (B) that are in compliance with Federal and State 
                racial profiling laws and guidelines.
            (3) Duration.--Grants awarded under this section may not 
        exceed 2 years.
            (4) Subsequent grants.--A grantee desiring continued grant 
        funding after the expiration of the initial grant shall reapply 
        for such funding.
            (5) Prohibition.--The Attorney General may not award a 
        grant under this section to any applicant that is under 
        investigation for a violation of Federal or State racial 
        profiling laws or guidelines.
    (b) Use of Funds.--Grants awarded under this section may only be 
used to provide--
            (1) additional resources for eligible law enforcement 
        agencies to address drug-related criminal activity;
            (2) training and technical assistance related to--
                    (A) narcotics-related kidnaping negotiation and 
                rescue tactics;
                    (B) intelligence and information sharing on drug 
                trafficking organizations; and
                    (C) the interdiction of narcotics, weapons, and 
                illegal drug proceeds;
            (3) resources to combat criminal activities along the 
        Northern border and the Southern border by--
                    (A) obtaining, upgrading, or maintaining equipment;
                    (B) hiring additional personnel;
                    (C) reimbursing operational expenditures, including 
                overtime and transportation costs; and
                    (D) providing other assistance necessary to address 
                drug-related criminal activity;
            (4) resources to facilitate information sharing and 
        collaboration by--
                    (A) establishing, maintaining, or enhancing multi-
                jurisdictional intelligence gathering and sharing 
                activities;
                    (B) facilitating regional crime prevention and 
                reduction efforts; and
                    (C) strengthening partnerships between Federal, 
                State, tribal, and local law enforcement agencies; and
            (5) resources to enhance jails, community corrections, and 
        detention operations by--
                    (A) improving the administration and operations of 
                correction functions related to reducing and preventing 
                criminal narcotics activity;
                    (B) improving access to intelligence and 
                collaboration between law enforcement and correctional 
                system personnel;
                    (C) reducing the recidivism rates of drug 
                offenders; and
                    (D) hiring detention, probation, parole, and other 
                corrections personnel for implementation of the efforts 
                described in this paragraph.
    (c) Application.--
            (1) In general.--Each eligible law enforcement agency or 
        coalition of such agencies seeking a grant under this section 
        shall submit an application to the Attorney General at such 
        time, in such manner, and accompanied by such information as 
        the Attorney General may reasonably require.
            (2) Contents.--Each application submitted under paragraph 
        (1) shall--
                    (A) describe the activities for which assistance 
                under this section is sought;
                    (B) disclose whether the applicant has been 
                investigated for, or convicted of, a violation of 
                Federal or State racial profiling laws; and
                    (C) provide such additional assurances as the 
                Attorney General determines to be essential to ensure 
                compliance with this section.
    (d) Monitoring and Oversight.--
            (1) In general.--Each grantee under this section shall 
        submit a report to the Attorney General that documents the use 
        of grant funds received under this section, including an 
        assessment of their utility in--
                    (A) protecting border community safety;
                    (B) preventing smuggling activities; and
                    (C) apprehending persons involved in violence and 
                organized crime.
            (2) Use of information.--The Attorney General shall analyze 
        the information contained in the reports submitted under 
        paragraph (1) to determine whether the grantee--
                    (A) used grant funds appropriately; and
                    (B) should be considered for a renewal grant.
    (e) Definitions.--In this section:
            (1) Eligible law enforcement agency.--The term ``eligible 
        law enforcement agency'' means a State, tribal, or local law 
        enforcement agency, including a community corrections agency 
        and any agency that employs prosecutors, probation officers, or 
        parole officers, which is located or performs duties in--
                    (A) a county that is not more than 100 miles from a 
                United States border with Mexico;
                    (B) a county that is not more than 100 miles from a 
                United States border with Canada; or
                    (C) a jurisdiction that has been designated by the 
                Director of the Office of Drug Control Policy as a High 
                Intensity Drug Trafficking Area.
            (2) High intensity drug trafficking area.--The term ``High 
        Intensity Drug Trafficking Area'' means any jurisdiction so 
        designated by the National Drug Control Program under section 
        707 of the Office of National Drug Control Policy 
        Reauthorization Act of 1998 (21 U.S.C. 1706).
    (f) Assessment and Report.--The Attorney General shall submit a 
biannual report to the Committee on the Judiciary of the Senate and the 
Committee on the Judiciary of the House of Representatives that 
assesses--
            (1) the success of the grant program established under this 
        section in combating and reducing drug-trafficking and drug-
        related criminal activity;
            (2) the cost-effectiveness of the program; and
            (3) the future value and viability of the program.
    (g) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated 
        $100,000,000 for each of the fiscal years 2012 through 2016 to 
        carry out this section.
            (2) Allocation of authorized funds.--Of the amounts 
        appropriated pursuant to paragraph (1)--
                    (A) not more than 33 percent may be set aside for 
                High Intensity Drug Trafficking Areas; and
                    (B) not more than 30 percent may be used for 
                activities described in paragraphs (2) and (5) of 
                subsection (b).
            (3) Supplement not supplant.--Amounts appropriated for 
        grants pursuant to paragraph (1) shall be used to supplement, 
        and not to supplant, other State, tribal, and local public 
        funds obligated for the purposes described in subsection (b).

SEC. 221. REPORT ON DEATHS AND STRATEGY STUDY.

    (a) In General.--The Commissioner of U.S. Customs and Border 
Protection shall--
            (1) collect statistics relating to deaths occurring at the 
        Southern border, including--
                    (A) the causes of the deaths; and
                    (B) the total number of deaths;
            (2) publish the statistics collected under paragraph (1) on 
        a quarterly basis; and
            (3) not later than 1 year after the date of the enactment 
        of this Act, and annually thereafter, submit a report to the 
        Secretary that--
                    (A) analyzes trends with respect to the statistics 
                collected under paragraph (1) during the preceding 
                year; and
                    (B) recommends actions to reduce and prevent the 
                deaths described in paragraph (1)(B).
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary for each of the fiscal years 
2012 through 2016 to carry out this section.

SEC. 222. IMMIGRATION AND UNITED STATES-MEXICO BORDER ENFORCEMENT 
              COMMISSION.

    (a) Establishment of Commission.--
            (1) In general.--There is established an independent 
        commission to be known as the Immigration and United States-
        Mexico Border Enforcement Commission (referred to in this 
        section as the ``Commission'').
            (2) Purposes.--The purposes of the Commission are--
                    (A) to study the overall enforcement strategies, 
                programs, and policies of Federal agencies along the 
                Southern border, including the Department, the 
                Department of Justice, and other relevant agencies;
                    (B) to strengthen relations and collaboration 
                between communities in the border regions and the 
                Department, the Department of Justice, and other 
                Federal agencies that carry out such strategies, 
                programs, and policies;
                    (C) to ensure that the strategies, programs, and 
                policies of Federal agencies along the Southern border 
                and the agents and employees charged to implement such 
                strategies, programs, and policies protect the due 
                process, civil, and human rights of all individuals and 
                communities at and near the Southern border; and
                    (D) to make recommendations to the President and 
                Congress with respect to such strategies, programs, and 
                policies.
            (3) Membership.--
                    (A) In general.--The Commission shall be composed 
                of 16 voting members and 2 nonvoting members.
                    (B) Appointment of voting members.--The Governors 
                of the States of California, New Mexico, Arizona, and 
                Texas shall each appoint 4 voting members to the 
                Commission, of whom--
                            (i) 1 shall be a local elected official 
                        from the State's border region;
                            (ii) 1 shall be a local law enforcement 
                        official from the State's border region; and
                            (iii) 2 shall be from the State's 
                        communities of academia, religious leaders, 
                        civic leaders or community leaders.
                    (C) Appointment of nonvoting members.--The 
                Secretary and the Attorney General shall each appoint 1 
                nonvoting member to the Commission.
            (4) Qualifications.--
                    (A) In general.--Members of the Commission shall 
                be--
                            (i) individuals with expertise in 
                        migration, border enforcement and protection, 
                        civil and human rights, community relations, 
                        cross-border trade and commerce, or other 
                        pertinent qualifications or experience; and
                            (ii) representative of a broad cross 
                        section of perspectives from the region along 
                        the Southern border.
                    (B) Political affiliation.--Not more than 2 members 
                of the Commission appointed by each Governor under 
                paragraph (3)(B) may be members of the same political 
                party.
                    (C) Nongovernmental appointees.--An individual 
                appointed as a voting member to the Commission may not 
                be an officer or employee of the Federal Government.
            (5) Deadline for appointment.--All members of the 
        Commission shall be appointed not later than 6 months after the 
        date of the enactment of this Act. If any member of the 
        Commission described in paragraph (3)(A) is not appointed by 
        such date, the Commission shall carry out its duties under this 
        section without the participation of such member.
            (6) Term of service.--Members of the Commission shall be 
        appointed for terms lasting not longer than the shorter of--
                    (A) 3 years; or
                    (B) the life of the Commission.
            (7) Vacancies.--Any vacancy in the Commission shall not 
        affect its powers, but shall be filled in the same manner in 
        which the original appointment was made.
            (8) Meetings.--
                    (A) Initial meeting.--The Commission shall meet and 
                begin the operations of the Commission as soon as 
                practicable.
                    (B) Subsequent meetings.--After its initial 
                meeting, the Commission shall meet upon the call of the 
                Chairman or a majority of its members.
                    (C) Outreach.--The Commission shall formulate and 
                implement an effective outreach strategy to border 
                communities.
            (9) Quorum.--Nine members of the Commission shall 
        constitute a quorum.
            (10) Chair and vice chair.--The voting members of the 
        Commission shall elect a Chairman and Vice Chairman from among 
        its members, who shall serve in such capacities for the life of 
        the Commission or until removed by the majority vote of a 
        quorum.
            (11) Structure.--The Commission shall have a Federal, 
        regional, and local review structure, divided into 2 
        subcommittees, of which--
                    (A) 1 shall focus on border technology, equipment, 
                and infrastructure; and
                    (B) 1 shall focus on border and immigration 
                enforcement policies and programs.
    (b) Duties.--The Commission shall review, examine, and make 
recommendations regarding immigration and border enforcement policies, 
strategies, and programs, including recommendations regarding--
            (1) the compliance of the Department and other immigration 
        and border-related agencies with existing laws and regulations;
            (2) the extent to which agency policies and practices 
        protect the civil rights of migrants and border community 
        residents, including policies and practices relating to 
        engagement, detention, apprehension, use of force, definition 
        and use of reasonable suspicion and probable cause, and racial 
        profiling;
            (3) the frequency, adequacy, and effectiveness of human and 
        civil rights training of border enforcement personnel and 
        others from Federal agencies who have contact with the public 
        near the Southern border;
            (4) the extent to which--
                    (A) the complaint process is transparent and 
                accessible to the public;
                    (B) investigations are opened as necessary and are 
                effectively pursued; and
                    (C) complaints are resolved in a timely and 
                transparent manner;
            (5) the effectiveness and capacity of agency oversight, 
        accountability, and management, including prevention and 
        disciplinary policies involving use of force, abuse, 
        malfeasance, corruption, and illegal activity;
            (6) the effect of operations, technology, and enforcement 
        infrastructure along the Southern border on the--
                    (A) environment;
                    (B) cross border traffic and commerce;
                    (C) privacy rights and other civil liberties; and
                    (D) the quality of life of border communities;
            (7) the extent to which State and local law enforcement 
        engage in the enforcement of Federal immigration law;
            (8) the extent of compliance with due process standards and 
        equal protection of the law for immigrants and other 
        individuals at and near the Southern border;
            (9) whether border policies and agencies are accomplishing 
        their stated goals; and
            (10) any other matters regarding immigration and border 
        enforcement policies, strategies, and programs that the 
        Commission determines to be appropriate.
    (c) Powers of Commission.--
            (1) Hearings and evidence.--The Commission and any 
        subcommittee or member of the Commission authorized by the 
        Commission may, for the purpose of carrying out this title--
                    (A) hold hearings, sit and act, take testimony, 
                receive evidence, and administer oaths; and
                    (B) request the attendance and testimony of such 
                witnesses and the production of such books, records, 
                correspondence, memoranda, papers, and documents, as 
                the Commission or such authorized subcommittee or 
                member determines to be advisable.
            (2) Recommendations.--
                    (A) In general.--The Commission may make 
                recommendations to the Secretary on the disposition of 
                cases and the discipline of personnel under the 
                Immigration and Nationality Act (8 U.S.C. 1101 et 
                seq.).
                    (B) Response.--Not later than 180 days after 
                receipt a report from the Commission, the Secretary 
                shall issue a response that describes how the 
                Department, the Department of Justice, and the 
                Department of Defense have addressed the 
                recommendations included in such report.
            (3) Contracting.--The Commission may enter into contracts 
        to enable the Commission to discharge its duties under this 
        title.
            (4) Information from federal agencies.--
                    (A) In general.--Upon request made by the Chairman, 
                the chairman of any subcommittee created by a majority 
                of the Commission, or any member designated by a 
                majority of the Commission, the Commission may secure 
                information, suggestions, estimates, and statistics for 
                the purposes of this title directly from any executive 
                department, bureau, agency, board, commission, office, 
                independent establishment, or instrumentality of the 
                Federal Government, which shall, to the extent 
                authorized by law, furnish such information, 
                suggestions, estimates, and statistics directly to the 
                Commission.
                    (B) Receipt, handling, storage, and 
                dissemination.--Information may only be received, 
                handled, stored, and disseminated by members of the 
                Commission and its staff in accordance with all 
                applicable statutes, regulations, and Executive orders.
            (5) Assistance from federal agencies.--
                    (A) General services administration.--The 
                Administrator of General Services shall provide, on a 
                reimbursable basis, administrative support to the 
                Commission and other services required for the 
                performance of the Commission's functions.
                    (B) Other departments and agencies.--In addition to 
                the assistance described in paragraph (1), Federal 
                departments and agencies may provide the Commission 
                with such services, funds, facilities, staff, and other 
                support services as may be authorized by law.
            (6) Postal services.--The Commission may use the United 
        States mails in the same manner and under the same conditions 
        as departments and agencies of the United States.
    (d) Compensation.--
            (1) In general.--Members of the Commission shall serve 
        without pay.
            (2) Reimbursement of expenses.--All members of the 
        Commission shall be reimbursed for reasonable travel expenses 
        and subsistence, and other reasonable and necessary expenses 
        incurred by them in the performance of their duties.
    (e) Training.--The Commission shall establish a process and 
criteria by which Commission members receive orientation and training 
on human, constitutional, and civil rights.
    (f) Report.--Not later than 2 years after the date of the meeting 
called pursuant to subsection (a)(8)(A), the Commission shall submit a 
report to the President and Congress that contains--
            (1) findings with respect to the duties of the Commission;
            (2) recommendations regarding border and immigration 
        enforcement policies, strategies, and programs;
            (3) suggestions for the implementation of the Commission's 
        recommendations;
            (4) a recommendation as to whether the Commission should 
        continue to operate after the sunset date set forth in 
        subsection (h); and
            (5) if continued operations are recommended under paragraph 
        (4), a description of the purposes and duties recommended to be 
        carried out by the Commission after the sunset date set forth 
        in subsection (h).
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary for each of the fiscal years 
2012 through 2014 to carry out this section.
    (h) Sunset.--Unless the Commission is authorized by Congress to 
continue operations after such date, the Commission shall terminate on 
the date that is 60 days after the date on which the Commission submits 
the report described in subsection (f).

SEC. 223. PREEMPTION.

    (a) In General.--Except as provided in subsections (b) and (c), 
this Act preempts any State or local law, licensing requirement, or 
other standard, requirement, action or instrument that--
            (1) discriminates among persons on the basis of immigration 
        status; or
            (2) imposes any sanction or liability--
                    (A) on any person based on his or her immigration 
                status;
                    (B) on any person or entity based on the 
                immigration status of its clients, employees, tenants, 
                or other associates; or
                    (C) based on a violation or alleged violation of 
                immigration law.
    (b) Effect of Conviction.--Notwithstanding subsection (a)(2)(C), a 
State or political subdivision of a State may take account of a Federal 
conviction for an immigration-related crime in the same manner as any 
other Federal criminal conviction.
    (c) Limitation.--Nothing in this Act may be construed to preempt--
            (1) State or local discrimination based on immigration 
        status if such discrimination is explicitly authorized by 
        Federal law; or
            (2) State or local citizenship requirements for voting, 
        jury service, elective office, or other important governmental 
        positions, to the extent such requirements comply with the 
        Constitution of the United States.
    (d) Defined Term.--In this section, the term ``immigration status'' 
refers to a person's--
            (1) actual or perceived present or previous visa 
        classification, refugee status, temporary protected status, 
        status as an immigrant lawfully admitted for permanent 
        residence, lawful presence, work authorization, or other 
        classification or category authorized under this Act; and
            (2) lack of any status referred to in paragraph (1).

SEC. 224. INHERENT AUTHORITY.

    Section 287(g) (8 U.S.C. 1357(g)) is amended by striking paragraph 
(10) and inserting the following:
    ``(10) Except as provided in sections 103(a)(10), 103(a)(11), 
242(c), and 274(c), or an agreement under this subsection, the 
authority to investigate, identify, apprehend, arrest, or detain 
persons for any violation of this Act or any regulation issued pursuant 
to this Act--
            ``(A) is restricted to immigration officers and employees 
        of the Department of Homeland Security; and
            ``(B) is subject to the specific limitations set forth in 
        this Act.
    ``(11)(A) Not later than 60 days after the end of each fiscal year, 
the Secretary of Homeland Security shall--
            ``(i) review the compliance of the State or local 
        government with the terms of each agreement under this 
        subsection; and
            ``(ii) prepare a written report that contains the results 
        of the compliance review and any recommendations to improve 
        compliance with such agreement.
    ``(B) Not later than 120 days after date on which recommendations 
are issued under subparagraph (A)(ii), the Secretary shall--
            ``(i) review the implementation of such recommendations; 
        and
            ``(ii) inform the State or local government of any 
        unresolved recommendations.
    ``(C) If 1 or more of the recommendations issued under subparagraph 
(A)(ii) remain unresolved at the time of the subsequent annual 
compliance review, the Secretary shall immediately terminate the State 
or local government's agreement under this subsection.''.

SEC. 225. BORDER PROTECTION STRATEGY.

    (a) In General.--Not later than July 1, 2012, the Secretary, the 
Secretary of the Interior, the Secretary of Agriculture, the Secretary 
of Defense, and the Secretary of Commerce, in consultation with State, 
tribal, and local government officials, shall jointly develop and 
submit to Congress a border protection strategy for the Northern border 
and the Southern border.
    (b) Elements of the Strategy.--The strategy developed under 
subsection (a) shall include--
            (1) a comparative analysis of the levels of border 
        security, based on auditable and verifiable data, achievable 
        through alternative tactical infrastructure and other security 
        measures, including an assessment of--
                    (A) pedestrian fencing;
                    (B) vehicle barriers, especially in the vicinity of 
                existing or planned roads;
                    (C) additional Border Patrol agents;
                    (D) efficacy of natural barriers and open space in 
                response to unauthorized or unlawful border crossing;
                    (E) fielding of advanced remote sensing and 
                information integration technology, including the use 
                of--
                            (i) unmanned aerial vehicles;
                            (ii) other advanced technologies and 
                        systems developed and employed, or under 
                        development, for tactical surveillance, 
                        multisource information integration, and 
                        response analysis in difficult terrain and 
                        under adverse environmental conditions;
                    (F) regional, urban, and rural variation in border 
                security methodologies, including the incorporation of 
                natural barriers;
                    (G) enhanced cooperation with, and assistance to, 
                intelligence, security, and law enforcement agencies in 
                Canada and Mexico in detecting, reporting, analyzing, 
                and successfully responding to unauthorized or unlawful 
                border crossings from or into Canada or Mexico; and
                    (H) removal of obstructive nonnative vegetation;
            (2) a comprehensive analysis of cost and other impacts of 
        security measures assessed in paragraph (1), including an 
        assessment of--
                    (A) land acquisition costs, including related 
                litigation and other costs;
                    (B) construction costs, including labor and 
                material costs;
                    (C) maintenance costs for the next 25 years;
                    (D) contractor costs;
                    (E) management and overhead costs;
                    (F) the impacts on wildlife, wildlife habitat, 
                natural communities, and functioning cross-border 
                wildlife migration corridors and hydrology (including 
                water quantity, quality, and natural hydrologic flows) 
                on Federal, State, tribal, local government, and 
                private lands along the Northern border and the 
                Southern border; and
                    (G) the costs of fully mitigating the adverse 
                impacts to Federal, State, tribal, local, and private 
                lands, waters (including water quality, quantity, and 
                hydrological flows), wildlife, and wildlife habitats, 
                including, if such action is possible, the full costs 
                of the replacement or restoration of severed wildlife 
                migration corridors with protected corridors of 
                equivalent biological functionality, as determined by 
                each Secretary concerned, in consultation with 
                appropriate authorities of State, tribal, and local 
                governments and appropriate authorities of the 
                Government of Canada and the Government of Mexico;
            (3) a comprehensive compilation of the fiscal investments 
        in acquiring or managing Federal, State, tribal, local, and 
        private lands and waters in the vicinity of, or ecologically 
        related to, the land borders of the United States that have 
        been acquired or managed in whole or in part for conservation 
        purposes (including the creation or management of protected 
        wildlife migration corridors) in--
                    (A) units of the National Park System;
                    (B) National Forest System land;
                    (C) land under the jurisdiction of the Bureau of 
                Land Management;
                    (D) land under the jurisdiction of the United 
                States Fish and Wildlife Service;
                    (E) other relevant land under the jurisdiction of 
                the Department of the Interior or the Department of 
                Agriculture;
                    (F) land under the jurisdiction of the Department 
                of Defense or any military department;
                    (G) land under the jurisdiction of the Department 
                of Commerce;
                    (H) tribal lands;
                    (I) State and private lands; and
                    (J) lands within Canada or Mexico; and
            (4) recommendations for strategic border security 
        management based on--
                    (A) comparative security described in paragraph 
                (1);
                    (B) the cost-benefit analysis described in 
                paragraph (2); and
                    (C) the protection of investments in the lands 
                specified in paragraph (3).
    (c) Training.--
            (1) Required training.--The Secretary, in cooperation with 
        the Secretary concerned, shall provide--
                    (A) natural resource protection training for U.S. 
                Customs and Border Protection agents or other Federal 
                personnel assigned to plan or oversee the construction 
                or operation of border security tactical infrastructure 
                or to patrol land along or in the vicinity of a land 
                border of the United States; and
                    (B) cultural resource training for U.S. Customs and 
                Border Protection agents and other Federal personnel 
                assigned to plan or oversee the construction or 
                operation of border security tactical infrastructure or 
                to patrol tribal lands.
            (2) Additional considerations.--In developing and providing 
        training under paragraph (1)(A), the Secretary shall coordinate 
        with the Secretary concerned and the relevant tribal government 
        to ensure that such training--
                    (A) is appropriate to the mission of the relevant 
                agency; and
                    (B) is focused on achieving border security 
                objectives while avoiding or minimizing the adverse 
                impact on natural and cultural resources resulting from 
                border security tactical infrastructure, operations, or 
                other activities.
    (d) Defined Term.--In this section, the term ``Secretary 
concerned'' means--
            (1) the Secretary of Agriculture, with respect to land 
        under the jurisdiction of the Secretary of Agriculture;
            (2) the Secretary of the Interior, with respect to land 
        under the jurisdiction of the Secretary of the Interior;
            (3) the Secretary of Defense, with respect to land under 
        the jurisdiction of the Secretary of Defense or the secretary 
        of a military department; and
            (4) the Secretary of Commerce, with respect to land under 
        the jurisdiction of the Secretary of Commerce.

SEC. 226. BORDER COMMUNITIES LIAISON OFFICE.

    (a) Establishment.--The Secretary shall establish, in consultation 
with the Office of Civil Rights and Civil Liberties, a Border 
Communities Liaison Office in every Border Patrol sector on the 
Southern border or the Northern border.
    (b) Purpose.--The purpose of the Border Communities Liaison Office 
shall be--
            (1) to foster and institutionalize consultation with border 
        communities;
            (2) to consult with border communities on--
                    (A) agency policies, directives, and laws;
                    (B) agency strategies and strategy development; and
                    (C) agency services and operational issues;
            (3) to receive assessments on agency performance from 
        border communities; and
            (4) to receive complaints regarding agency performance and 
        agent conduct.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary in each of the fiscal years 
2012 through 2016 to carry out this section.

SEC. 227. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--In addition to any funds otherwise available, 
there are authorized to be appropriated such sums as may be necessary 
for the fiscal years 2012 through 2016 to carry out this part.
    (b) International Agreements.--Amounts appropriated pursuant to 
subsection (a) may be used to implement projects that are authorized 
under this part and are described in--
            (1) the Declaration on Embracing Technology and Cooperation 
        to Promote the Secure and Efficient Flow of People and Commerce 
        across our Shared Border between the United States and Mexico, 
        agreed to March 22, 2002, Monterrey, Mexico; or
            (2) the Smart Border Declaration between the United States 
        and Canada, agreed to December 12, 2001, Ottawa, Canada.

                    Subtitle B--Interior Enforcement

      PART I--PREVENTING UNAUTHORIZED ENTRIES AND ENSURING REMOVAL

SEC. 235. US-VISIT SYSTEM.

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

SEC. 236. ILLEGAL ENTRY AND REENTRY.

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

``SEC. 276. REENTRY OF REMOVED ALIENS.

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

SEC. 237. DETERRING ALIENS ORDERED REMOVED FROM REMAINING IN THE UNITED 
              STATES UNLAWFULLY.

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

SEC. 238. BIOMETRIC SCREENING.

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

SEC. 239. ENCOURAGING ALIENS TO DEPART VOLUNTARILY.

    (a) In General.--Section 240B (8 U.S.C. 1229c) is amended--
            (1) in subsection (a)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) In general.--If an alien is not removable under 
        paragraph (2)(A)(iii) or (4) of section 237(a)--
                    ``(A) the Secretary of Homeland Security may permit 
                the alien to voluntarily depart the United States at 
                the alien's own expense under this subsection instead 
                of being subject to proceedings under section 240; or
                    ``(B) the Attorney General may permit the alien to 
                voluntarily depart the United States at the alien's own 
                expense under this subsection after the initiation of 
                removal proceedings under section 240 and before the 
                conclusion of such proceedings before an immigration 
                judge.'';
                    (B) in paragraph (2), by amending subparagraph (A) 
                to read as follows:
                    ``(A) In general.--
                            ``(i) Instead of removal.--Subject to 
                        subparagraph (B), the Secretary of Homeland 
                        Security--
                                    ``(I) may not grant an alien 
                                permission to voluntarily depart the 
                                United States under paragraph (1)(A) 
                                for a period exceeding 180 days; and
                                    ``(II) may require such alien to 
                                post a voluntary departure bond, which 
                                shall be surrendered upon proof that 
                                the alien has departed the United 
                                States within the time specified in 
                                such bond.
                            ``(ii) Before the conclusion of removal 
                        proceedings.--
                                    ``(I) Limitation.--The Attorney 
                                General--
                                            ``(aa) may not grant an 
                                        alien permission to voluntarily 
                                        depart under paragraph (1)(B) 
                                        for a period exceeding 90 days; 
                                        and
                                            ``(bb) may only grant such 
                                        permission after determining 
                                        that the alien has the means to 
                                        depart the United States and 
                                        intends to do so.
                                    ``(II) Voluntary departure bond.--
                                An immigration judge may--
                                            ``(aa) require an alien 
                                        permitted to voluntarily depart 
                                        under paragraph (1)(B) to post 
                                        a voluntary departure bond, in 
                                        an amount necessary to ensure 
                                        that the alien will depart, 
                                        which shall be surrendered upon 
                                        proof that the alien has 
                                        departed the United States 
                                        within the time specified in 
                                        such bond; and
                                            ``(bb) waive the 
                                        requirement to post a voluntary 
                                        departure bond after 
                                        determining that the alien has 
                                        presented--

                                                    ``(AA) compelling 
                                                evidence that the 
                                                posting of a bond will 
                                                pose a serious 
                                                financial hardship; and

                                                    ``(BB) credible 
                                                evidence that such a 
                                                bond is unnecessary to 
                                                guarantee timely 
                                                departure.'';

                    (C) by striking paragraph (3); and
                    (D) by redesignating paragraph (4) as paragraph 
                (3);
            (2) by amending subsection (c) to read as follows:
    ``(c) Conditions on Voluntary Departure.--
            ``(1) Voluntary departure agreement.--Voluntary departure 
        under this section may only be granted as part of an 
        affirmative agreement by the alien.
            ``(2) Concessions by the secretary.--In connection with the 
        alien's agreement to voluntarily depart under paragraph (1)(A), 
        the Secretary of Homeland Security may reduce the period of 
        inadmissibility under subparagraph (A) or (B)(i) of section 
        212(a)(9).
            ``(3) Advisals.--Agreements relating to voluntary departure 
        granted during removal proceedings under section 240, or at the 
        conclusion of such proceedings, shall be presented on the 
        record before the immigration judge, who shall advise the alien 
        of the consequences of a voluntary departure agreement, 
        including the consequences of failing to comply with the 
        agreement, before accepting such agreement.
            ``(4) Failure to comply with agreement.--If an alien who 
        has agreed to voluntarily depart under this section fails to 
        depart the United States within the time allowed for voluntary 
        departure or fails to comply with any other terms of the 
        agreement (including failure to timely post any required bond), 
        unless such noncompliance is through no fault of the alien, the 
        alien is--
                    ``(A) ineligible for the benefits of the agreement;
                    ``(B) subject to the penalties described in 
                subsection (d); and
                    ``(C) subject to an alternate order of removal if 
                voluntary departure was granted under subsection 
                (a)(1)(B) or (b).
            ``(5) Voluntary departure period not affected.--Except as 
        expressly agreed to by the Secretary of Homeland Security in 
        writing before the expiration of the period allowed for 
        voluntary departure, no motion, appeal, application, petition, 
        or petition for review shall affect, reinstate, enjoin, delay, 
        stay, or toll the alien's obligation to depart from the United 
        States during the period agreed to by the alien and the 
        Secretary.'';
            (3) by amending subsection (d) to read as follows:
    ``(d) Penalties for Failure to Depart.--
            ``(1) Civil penalty.--An alien who is permitted to 
        voluntarily depart under this section and fails to leave the 
        United States during the period specified in the voluntary 
        departure agreement or otherwise violates the terms of such 
        agreement shall be liable for a civil penalty of $1,000. The 
        voluntary departure order shall specify the amount of the 
        penalty, which shall be acknowledged by the alien on the 
        record.
            ``(2) Collection of penalty.--If the Secretary of Homeland 
        Security establishes, by clear and convincing evidence, that 
        the alien failed to leave the United States during the period 
        specified in the voluntary departure agreement--
                    ``(A) no further procedure will be necessary to 
                establish the amount of the penalty;
                    ``(B) the Secretary may collect the civil penalty 
                at any time thereafter and by whatever means provided 
                by law; and
                    ``(C) the alien shall be ineligible for any 
                benefits under this chapter until this civil penalty is 
                paid.''; and
            (4) by amending subsection (e) to read as follows:
    ``(e) Eligibility.--
            ``(1) Prior grant of voluntary departure.--An alien may not 
        be permitted to voluntarily depart under this section if the 
        Secretary of Homeland Security or the Attorney General 
        previously permitted the alien to depart voluntarily under this 
        section on or after the date of the enactment of the CIR Act of 
        2011.
            ``(2) Rulemaking.--The Secretary may promulgate regulations 
        to limit eligibility or impose additional conditions for 
        voluntary departure under subsection (a)(1)(A) for any class of 
        aliens.''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to all orders granting voluntary departure under 
section 240B of the Immigration and Nationality Act (8 U.S.C. 1229c) 
made on or after the date that is 180 days after the date of the 
enactment of this Act.

SEC. 240. CANCELLATION OF VISAS.

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

SEC. 241. PENALTIES RELATING TO VESSELS AND AIRCRAFT.

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

SEC. 242. SANCTIONS FOR COUNTRIES THAT DELAY OR PREVENT REPATRIATION OF 
              THEIR CITIZENS AND NATIONALS.

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

SEC. 243. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.

    (a) Authorization of Appropriations.--Section 241(i)(5)(C) (8 
U.S.C. 1231(i)(5)(C)) is amended by striking ``to carry out this 
subsection'' and all that follows and inserting ``$950,000,000 for each 
of the fiscal years 2012 through 2016 to carry out this subsection.''.
    (b) Reimbursement of States for Indirect Costs Relating to the 
Incarceration of Unauthorized Aliens.--Section 501 of the Immigration 
Reform and Control Act of 1986 (8 U.S.C. 1365) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Reimbursement of States.--Subject to the amounts provided in 
advance in appropriation Acts, the Attorney General shall reimburse a 
State for--
            ``(1) the costs incurred by the State for the imprisonment 
        of all unauthorized aliens convicted of a felony by such State; 
        and
            ``(2) the indirect costs related to the imprisonments 
        described in paragraph (1).''; and
            (2) by striking subsections (c) through (e) and inserting 
        the following:
    ``(c) Allocation of Reimbursements.--Reimbursements under this 
section shall be allocated in a manner that gives special consideration 
for any State that shares a border with Mexico or with Canada.
    ``(d) Definitions.--In this section:
            ``(1) Indirect costs.--The term `indirect costs' includes--
                    ``(A) court costs, county attorney costs, detention 
                costs, and criminal proceedings expenditures that do 
                not involve going to trial;
                    ``(B) indigent defense costs; and
                    ``(C) unsupervised probation costs.
            ``(2) State.--The term `State' has the meaning given such 
        term in section 101(a)(36) of the Immigration and Nationality 
        Act (8 U.S.C. 1101(a)(36)).
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated $200,000,000 for each of the fiscal years 2012 through 
2016 to carry out subsection (a)(2).''.

SEC. 244. PROCEDURES REGARDING ALIENS APPREHENDED BY STATE AND LOCAL 
              LAW ENFORCEMENT OFFICERS.

    (a) Issuance of Detainers.--Section 287(d) (8 U.S.C. 1357(d)) is 
amended to read as follows:
    ``(d) Issuance of Detainers.--
            ``(1) Determination.--An authorized officer or employee of 
        the Department of Homeland Security shall promptly determine 
        whether or not to issue a detainer to detain an alien who is 
        arrested by a Federal, State, or local law enforcement official 
        for a violation of any law relating to controlled substances if 
        the law enforcement official--
                    ``(A) has reason to believe that the alien has not 
                been lawfully admitted to the United States or is 
                otherwise not lawfully present in the United States;
                    ``(B) expeditiously informs such officer or 
                employee of the arrest and of facts concerning the 
                status of the alien; and
                    ``(C) requests the Department of Homeland Security 
                to determine whether or not to issue such detainer.
            ``(2) Custody.--If a detainer is issued pursuant to 
        paragraph (1) and the alien is not otherwise detained by 
        Federal, State, or local officials, the Secretary shall 
        effectively and expeditiously take custody of the alien.
            ``(3) Data collection.--The Secretary of Homeland Security 
        shall collect data regarding detainers issued under this 
        subsection, including--
                    ``(A) the criminal charge for which the individual 
                was arrested or convicted;
                    ``(B) the date on which the detainer was issued;
                    ``(C) the basis for the issuance of the detainer;
                    ``(D) the date on which the detainer was lifted;
                    ``(E) the date on which a Federal or State criminal 
                court or other government entity ordered the release of 
                the individual;
                    ``(F) the date on which the Department of Homeland 
                Security took custody of the individual;
                    ``(G) the perceived race, ethnicity, and country of 
                origin of the individual against whom the detainer was 
                issued;
                    ``(H) the age of the individual;
                    ``(I) whether the individual was a victim of, or a 
                witness to, a crime;
                    ``(J) the disposition of the criminal case against 
                the individual;
                    ``(K) the ultimate disposition of the immigration 
                case, including whether the individual was determined 
                to be a United States citizen;
                    ``(L) the grounds of removal, if applicable, and 
                any charges brought by the Secretary; and
                    ``(M) the number of individuals removed after the 
                Secretary took custody while any criminal matter was 
                pending.''.
    (b) Rulemaking.--The Secretary shall issue regulations that require 
officers and employees of the Department of Homeland Security--
            (1) to confirm, before issuing a detainer--
                    (A) the alienage of the individual to be made 
                subject to such detainer through lawfully obtained 
                information, including--
                            (i) the name of the individual;
                            (ii) the date of birth of the individual; 
                        or
                            (iii) the fingerprints of the individual;
                    (B) whether the individual is removable from the 
                United States; and
                    (C) that the individual was not the victim of a 
                crime or a witness to a crime; and
            (2) to provide notice to the individual being detained, in 
        the individual's native language--
                    (A) that a detainer has been issued; and
                    (B) the procedure for challenging the detainer.

SEC. 245. REFORM OF PASSPORT, VISA, AND IMMIGRATION FRAUD OFFENSES.

    (a) Trafficking in Passports.--Section 1541 of title 18, United 
States Code, is amended to read as follows:
``Sec. 1541. Trafficking in passports
    ``(a) Multiple Passports.--Any person who, during any period of 3 
years or less, knowingly--
            ``(1) and without lawful authority produces, issues, or 
        transfers 10 or more passports;
            ``(2) forges, counterfeits, alters, or falsely makes 10 or 
        more passports;
            ``(3) secures, possesses, uses, receives, buys, sells, or 
        distributes 10 or more passports, knowing the passports to be 
        forged, counterfeited, altered, falsely made, stolen, procured 
        by fraud, or produced or issued without lawful authority; or
            ``(4) completes, mails, prepares, presents, signs, or 
        submits 10 or more applications for a United States passport, 
        knowing the applications to contain any false statement or 
        representation,
shall be fined under this title, imprisoned not more than 20 years, or 
both.
    ``(b) Passport Materials.--Any person who knowingly and without 
lawful authority produces, buys, sells, possesses, or uses any official 
material (or counterfeit of any official material) used to make a 
passport, including any distinctive paper, seal, hologram, image, text, 
symbol, stamp, engraving, or plate, shall be fined under this title, 
imprisoned not more than 20 years, or both.''.
    (b) False Statement in an Application for a Passport.--Section 1542 
of title 18, United States Code, is amended to read as follows:
``Sec. 1542. False statement in an application for a passport
    ``(a) In General.--Any person who knowingly--
            ``(1) makes any false statement or representation in an 
        application for a United States passport; or
            ``(2) mails, prepares, presents, or signs an application 
        for a United States passport knowing the application to contain 
        any false statement or representation,
shall be fined under this title, imprisoned not more than 15 years, or 
both.
    ``(b) Venue.--
            ``(1) In general.--An offense under subsection (a) may be 
        prosecuted in any district--
                    ``(A) in which the false statement or 
                representation was made or the application for a United 
                States passport was prepared or signed; or
                    ``(B) in which or to which the application was 
                mailed or presented.
            ``(2) Acts occurring outside the united states.--An offense 
        under subsection (a) involving an application for a United 
        States passport prepared and adjudicated outside the United 
        States may be prosecuted in the district in which the resultant 
        passport was or would have been produced.
    ``(c) Savings Clause.--Nothing in this section may be construed to 
limit the venue otherwise available under sections 3237 and 3238.''.
    (c) Forgery and Unlawful Production of a Passport.--Section 1543 of 
title 18, United States Code, is amended to read as follows:
``Sec. 1543. Forgery and unlawful production of a passport
    ``(a) Forgery.--Any person who knowingly--
            ``(1) forges, counterfeits, alters, or falsely makes any 
        passport; or
            ``(2) transfers any passport knowing it to be forged, 
        counterfeited, altered, falsely made, stolen, or to have been 
        produced or issued without lawful authority,
shall be fined under this title, imprisoned not more than 15 years, or 
both.
    ``(b) Unlawful Production.--Any person who knowingly and without 
lawful authority--
            ``(1) produces, issues, authorizes, or verifies a passport 
        in violation of the laws, regulations, or rules governing the 
        issuance of the passport;
            ``(2) produces, issues, authorizes, or verifies a United 
        States passport for or to any person knowing or in reckless 
        disregard of the fact that such person is not entitled to 
        receive a passport; or
            ``(3) transfers or furnishes a passport to any person for 
        use by any person other than the person for whom the passport 
        was issued or designed,
shall be fined under this title, imprisoned not more than 15 years, or 
both.''.
    (d) Misuse of a Passport.--Section 1544 of title 18, United States 
Code, is amended to read as follows:
``Sec. 1544. Misuse of a passport
    ``Any person who knowingly--
            ``(1) uses any passport issued or designed for the use of 
        another person;
            ``(2) uses any passport in violation of the conditions or 
        restrictions contained in the passport, or in violation of the 
        laws, regulations, or rules governing the issuance and use of 
        the passport;
            ``(3) secures, possesses, uses, receives, buys, sells, or 
        distributes any passport knowing it to be forged, 
        counterfeited, altered, falsely made, procured by fraud, or 
        produced or issued without lawful authority; or
            ``(4) violates the terms and conditions of any safe conduct 
        duly obtained and issued under the authority of the United 
        States,
shall be fined under this title, imprisoned not more than 15 years, or 
both.''.
    (e) Schemes To Defraud Aliens.--Section 1545 of title 18, United 
States Code, is amended to read as follows:
``Sec. 1545. Schemes To defraud aliens
    ``(a) In General.--Any person who knowingly executes a scheme or 
artifice, in connection with any matter that is authorized by or arises 
under any Federal immigration law or any matter the offender claims or 
represents is authorized by or arises under any Federal immigration 
law, to--
            ``(1) defraud any person; or
            ``(2) obtain or receive money or anything else of value 
        from any person by means of false or fraudulent pretenses, 
        representations, or promises,
shall be fined under this title, imprisoned not more than 15 years, or 
both.
    ``(b) Misrepresentation.--Any person who knowingly and falsely 
represents that such person is an attorney or an accredited 
representative (as that term is defined in section 1292.1 of title 8, 
Code of Federal Regulations (or any successor regulation)) in any 
matter arising under any Federal immigration law shall be fined under 
this title, imprisoned not more than 15 years, or both.''.
    (f) Immigration and Visa Fraud.--Section 1546 of title 18, United 
States Code, is amended--
            (1) by amending the section heading to read as follows:
``Sec. 1546. Immigration and visa fraud'';
            (2) by striking subsections (b) and (c) and inserting the 
        following:
    ``(b) Trafficking.--Any person who, during any period of 3 years or 
less, knowingly--
            ``(1) and without lawful authority produces, issues, or 
        transfers 10 or more immigration documents;
            ``(2) forges, counterfeits, alters, or falsely makes 10 or 
        more immigration documents;
            ``(3) secures, possesses, uses, buys, sells, or distributes 
        10 or more immigration documents, knowing the immigration 
        documents to be forged, counterfeited, altered, stolen, falsely 
        made, procured by fraud, or produced or issued without lawful 
        authority; or
            ``(4) completes, mails, prepares, presents, signs, or 
        submits 10 or more immigration documents knowing the documents 
        to contain any materially false statement or representation,
shall be fined under this title, imprisoned not more than 20 years, or 
both.
    ``(c) Immigration Document Materials.--Any person who knowingly and 
without lawful authority produces, buys, sells, possesses, or uses any 
official material (or counterfeit of any official material) used to 
make immigration documents, including any distinctive paper, seal, 
hologram, image, text, symbol, stamp, engraving, or plate, shall be 
fined under this title, imprisoned not more than 20 years, or both.
    ``(d) Employment Documents.--Any person who uses--
            ``(1) an identification document, knowing or having reason 
        to know that the document is false or was not issued lawfully 
        for the use of the possessor; or
            ``(2) a false attestation, for the purpose of satisfying a 
        requirement under section 274A(b) of the Immigration and 
        Nationality Act (8 U.S.C. 1324a(b)), shall be fined under this 
        title, imprisoned not more than 1 year, or both.''.
    (g) Alternative Imprisonment Maximum for Certain Offenses.--Section 
1547 of title 18, United States Code, is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``(other than an offense under section 1545)'';
            (2) in paragraph (1), by striking ``15'' and inserting 
        ``20''; and
            (3) in paragraph (2), by striking ``20'' and inserting 
        ``25''.
    (h) Attempts, Conspiracies, Jurisdiction, and Definitions.--Chapter 
75 of title 18, United States Code, is amended by adding after section 
1547 the following:
``Sec. 1548. Attempts and conspiracies
    ``Any person who attempts or conspires to violate any section of 
this chapter shall be punished in the same manner as a person who 
completed a violation of such section.
``Sec. 1549. Additional jurisdiction
    ``(a) In General.--Any person who commits an offense under this 
chapter within the special maritime and territorial jurisdiction of the 
United States shall be punished as provided under this chapter.
    ``(b) Extraterritorial Jurisdiction.--Any person who commits an 
offense under this chapter outside the United States shall be punished 
as provided under this chapter if--
            ``(1) the offense involves a United States passport or 
        immigration document (or any document purporting to be such a 
        document) or any matter, right, or benefit arising under or 
        authorized by any Federal immigration law;
            ``(2) the offense is in or affects foreign commerce;
            ``(3) the offense affects, jeopardizes, or poses a 
        significant risk to the lawful administration of Federal 
        immigration laws, or the national security of the United 
        States;
            ``(4) the offense is committed to facilitate an act of 
        international terrorism (as defined in section 2331) or a drug 
        trafficking crime (as defined in section 929(a)(2)) that 
        affects or would affect the national security of the United 
        States;
            ``(5) the offender is a national of the United States or an 
        alien lawfully admitted for permanent residence (as those terms 
        are defined in section 101(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a))); or
            ``(6) the offender is a stateless person whose habitual 
        residence is in the United States.
``Sec. 1550. Authorized law enforcement activities
    ``Nothing in this chapter may be construed to prohibit--
            ``(1) any lawfully authorized investigative, protective, or 
        intelligence activity of a law enforcement agency of the United 
        States, a State, or a political subdivision of a State, or an 
        intelligence agency of the United States; or
            ``(2) any activity authorized under title V of the 
        Organized Crime Control Act of 1970 (Public Law 91-452; 84 
        Stat. 933).''.
    (i) Clerical Amendment.--The table of sections for chapter 75 of 
title 18, United States Code, is amended to read as follows:

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

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

SEC. 246. DIRECTIVES RELATED TO PASSPORT AND DOCUMENT FRAUD.

    (a) Directive to the United States Sentencing Commission.--
            (1) In general.--Pursuant to the authority under section 
        994 of title 28, United States Code, the United States 
        Sentencing Commission shall promulgate or amend the sentencing 
        guidelines, policy statements, and official commentaries 
        related to passport fraud offenses, including the offenses 
        described in chapter 75 of title 18, United States Code, as 
        amended by section 245, to reflect the serious nature of such 
        offenses.
            (2) Report.--Not later than 1 year after the date of the 
        enactment of this Act, the United States Sentencing Commission 
        shall submit a report on the implementation of this subsection 
        to--
                    (A) the Committee on the Judiciary of the Senate; 
                and
                    (B) the Committee on the Judiciary of the House of 
                Representatives.
    (b) Protection for Legitimate Refugees and Asylum Seekers.--
            (1) In general.--
                    (A) Requirement for guidelines.--The Attorney 
                General, in consultation with the Secretary, shall 
                develop binding prosecution guidelines for Federal 
                prosecutors to ensure that each prosecution of an alien 
                seeking entry into the United States by fraud is 
                consistent with the United States treaty obligations 
                under Article 31(1) of the Convention Relating to the 
                Status of Refugees, done at Geneva July 28, 1951 (as 
                made applicable by the Protocol Relating to the Status 
                of Refugees, done at New York January 31, 1967 (19 UST 
                6223)).
                    (B) No private right of action.--The guidelines 
                developed pursuant to subparagraph (A), and any 
                internal office procedures related to such guidelines--
                            (i) are intended solely for the guidance of 
                        attorneys of the United States; and
                            (ii) are not intended to, do not, and may 
                        not be relied upon to, create any right or 
                        benefit, substantive or procedural, enforceable 
                        at law by any party in any administrative, 
                        civil, or criminal matter.
            (2) Protection of vulnerable persons.--A person described 
        in paragraph (3) may not be prosecuted under chapter 75 of 
        title 18, United States Code, or under section 275 or 276 of 
        the Immigration and Nationality Act (8 U.S.C. 1325 and 1326), 
        in connection with the person's entry or attempted entry into 
        the United States until after the date on which the person's 
        application for such protection, classification, or status has 
        been adjudicated and denied in accordance with the Immigration 
        and Nationality Act (8 U.S.C. 1101 et seq.).
            (3) Persons seeking protection, classification, or 
        status.--A person described in this paragraph is a person who--
                    (A) is seeking protection, classification, or 
                status; and
                    (B)(i) has filed an application for asylum under 
                section 208 of the Immigration and Nationality Act (8 
                U.S.C. 1158), withholding of removal under section 
                241(b)(3) of such Act (8 U.S.C. 1231), or relief under 
                the Convention against Torture and Other Cruel, Inhuman 
                or Degrading Treatment or Punishment, done at New York, 
                December 10, 1994, pursuant to title 8, Code of Federal 
                Regulations;
                    (ii) indicates immediately after apprehension, that 
                he or she intends to apply for such asylum, withholding 
                of removal, or relief and promptly files the 
                appropriate application;
                    (iii) has been referred for a credible fear 
                interview, a reasonable fear interview, or an asylum-
                only hearing under section 235 of the Immigration and 
                Nationality Act (8 U.S.C. 1225) or title 8, Code of 
                Federal Regulations; or
                    (iv) has filed an application for classification or 
                status under--
                            (I) paragraph (15)(T), (15) (U), (27)(J), 
                        or (51) of section 101(a) of the Immigration 
                        and Nationality Act (8 U.S.C. 1101(a)); or
                            (II) section 216(c)(4)(C), 240A(b)(2), or 
                        244(a)(3) of such Act (8 U.S.C. 1186a(c)(4)(C), 
                        1229b(b)(2), and 1254a(a)(3)).

SEC. 247. EXPANDING THE DEFINITION OF CONVEYANCES SUBJECT TO 
              FORFEITURE.

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

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

SEC. 248. CRIMINAL FORFEITURE.

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

SEC. 249. ADVANCE DELIVERY OF INFORMATION INCLUDING PASSENGER 
              MANIFESTS.

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

SEC. 250. UNLAWFUL FLIGHT FROM IMMIGRATION OR CUSTOMS CONTROLS AND 
              DISOBEYANCE OF LAWFUL ORDERS.

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

SEC. 251. REDUCING ILLEGAL IMMIGRATION AND ALIEN SMUGGLING ON TRIBAL 
              LANDS.

    (a) Grants Authorized.--The Secretary may award grants to any 
Indian tribe that--
            (1) owns land that is adjacent to an international border 
        of the United States; and
            (2) has been adversely affected by illegal immigration.
    (b) Use of Funds.--Grants awarded under subsection (a) may be used 
for--
            (1) law enforcement activities;
            (2) health care services;
            (3) environmental restoration; and
            (4) the preservation of cultural resources.
    (c) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit a report to the 
Committee on the Judiciary of the Senate and the Committee on the 
Judiciary of the House of Representatives that--
            (1) describes the level of access that Border Patrol agents 
        have on tribal lands;
            (2) describes the extent to which the enforcement of 
        Federal immigration laws and rescue operations by Border Patrol 
        officers may be improved by enhanced access to tribal lands;
            (3) contains a strategy for improving access to tribal 
        lands through increased cooperation with tribal authorities; 
        and
            (4) identifies grants provided by the Department to Indian 
        tribes, either directly or through grants provided to State or 
        local governments, for border security expenses.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary for each of the fiscal years 
2012 through 2016 to carry out this section.

SEC. 252. DIPLOMATIC SECURITY SERVICE.

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

SEC. 253. INCREASED PENALTIES BARRING THE ADMISSION OF CONVICTED SEX 
              OFFENDERS FAILING TO REGISTER AND REQUIRING DEPORTATION 
              OF SEX OFFENDERS FAILING TO REGISTER.

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

SEC. 254. AGGRAVATED FELONY.

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

SEC. 255. INCREASED CRIMINAL PENALTIES RELATED TO GANG VIOLENCE.

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

                       PART II--DETENTION REFORM

SEC. 261. DEFINITIONS.

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

SEC. 262. PROTECTIONS FOR VULNERABLE POPULATIONS.

    (a) Protection of Vulnerable Populations.--
            (1) In general.--Not later than 72 hours after the 
        commencement of an immigration-related enforcement activity, 
        the Department shall screen each detainee to determine if the 
        individual is a member of a vulnerable population.
            (2) Eligibility for release.--An individual is a member of 
        a vulnerable population and eligible for release under 
        subsection (b) if the Department determines that he or she--
                    (A) has a nonfrivolous claim to United States 
                citizenship;
                    (B) has been deemed by a medically trained 
                professional to have medical or mental health needs, or 
                a disability;
                    (C) is pregnant or nursing;
                    (D) is being detained with 1 or more of his or her 
                children, or is 1 of such children;
                    (E) provides financial, physical, and other direct 
                support to his or her minor children, parents, or other 
                dependents;
                    (F) is older than 65 years of age;
                    (G) is a child (as defined in section 101(b) of the 
                Immigration and Nationality Act (8 U.S.C. 1101(b));
                    (H) is a victim of abuse, violence, crime, or human 
                trafficking;
                    (I) is a lesbian, gay, bisexual, or transgender 
                individual;
                    (J) has been referred for a credible fear 
                interview, a reasonable fear interview, or an asylum 
                hearing, or is a stateless individual;
                    (K) has applied or intends to apply for asylum, 
                withholding of removal, or protection under the 
                Convention Against Torture and Other Cruel, Inhuman or 
                Degrading Treatment or Punishment, done at New York 
                December 10, 1984;
                    (L) is prima facie eligible for relief under any 
                provision of the Immigration and Nationality Act (8 
                U.S.C. 1101 et seq.) including returning lawful 
                permanent residents; or
                    (M) is a member of any other group that has been 
                designated as a vulnerable population in regulations or 
                guidance promulgated by the Secretary.
    (b) Options Regarding Detention Decisions for Vulnerable 
Populations.--Section 236 (8 U.S.C. 1226), as amended by this Act, is 
further amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1) by 
                striking ``(c)'' and inserting ``(g)''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking ``or'' 
                        at the end;
                            (ii) in subparagraph (B), by striking 
                        ``but'' at the end; and
                            (iii) by inserting after subparagraph (B) 
                        the following:
                    ``(C) the alien's own recognizance;''; and.
                    (C) by redesignating paragraph (3) as paragraph 
                (4); and
                    (D) by inserting after paragraph (2) the following:
            ``(3) may enroll the alien in a secure alternatives 
        program; and''; and
            (2) by redesignating subsections (b), (c), and (d), as 
        subsections (f), (g), and (h), respectively;
            (3) by inserting after subsection (a) the following:
    ``(b) Custody Decisions.--
            ``(1) Criteria to be considered.--For any alien who is not 
        charged with inadmissibility or removability under a ground 
        specified in subsection (g) or section 236A, the criteria that 
        the Secretary of Homeland Security or the Attorney General 
        shall use to demonstrate that detention is necessary are--
                    ``(A) whether the alien poses a risk to public 
                safety, including a risk to national security; and
                    ``(B) whether alien poses a flight risk and there 
                are no conditions of release that will reasonably 
                ensure that the alien will appear for immigration 
                proceedings, including bond or other conditions that 
                reduce the risk of flight.
            ``(2) Exception.--A decision to detain an alien shall not 
        be subject to the criteria under paragraph (1) if the Secretary 
        demonstrates, by a preponderance of the evidence, that the 
        alien is described in subsection (g)(1).
            ``(3) Review.--Decisions by the Secretary or the Attorney 
        General under this section shall be subject to review.
    ``(c) Custody Decisions for Vulnerable Populations.--
            ``(1) In general.--Not later than 72 hours after an 
        individual is detained under this section (unless the 72-hour 
        requirement is waived in writing by the individual), an 
        individual who is a member of a vulnerable population shall be 
        released from the custody of the Department of Homeland 
        Security and shall not be subject to electronic monitoring 
        unless the Department demonstrates by a preponderance of 
        evidence that the individual--
                    ``(A) is subject to mandatory detention under 
                subsection (g) or section 236A;
                    ``(B) poses a risk to public safety, including a 
                risk to national security; or
                    ``(C) is a flight risk and the risk cannot be 
                mitigated through other conditions of release, such as 
                bond or secure alternatives, which will reasonably 
                ensure the alien will appear for immigration 
                proceedings.
            ``(2) Release.--An individual shall be released from 
        custody under this subsection--
                    ``(A) on the individual's own recognizance;
                    ``(B) by posting a minimum bond under subsection 
                (a)(2)(a);
                    ``(C) on parole, in accordance with section 
                212(d)(5)(A); or
                    ``(D) into a noncustodial secure alternatives 
                program.
    ``(d) Decision To Remove or Release an Alien.--
            ``(1) In general.--All decisions to detain an individual 
        under this Act--
                    ``(A) shall be made in writing by the Secretary of 
                Homeland Security or the Attorney General;
                    ``(B) shall specify the reasons for such decision 
                if the decision is made to continue detention without 
                bond, parole, release on recognizance, or release into 
                a noncustodial secure alternatives program; and
                    ``(C) shall be served upon the individual in the 
                language spoken by the individual--
                            ``(i) not later than 72 hours after the 
                        commencement of the alien's detention; or
                            ``(ii) in the case of an alien subject to 
                        section 235 or 241(a)(5) who must establish a 
                        credible fear of persecution or torture, not 
                        later than 72 hours after a positive credible 
                        fear of persecution or reasonable fear of 
                        persecution or torture determination.
            ``(2) Redetermination.--
                    ``(A) In general.--Any alien detained by the 
                Department of Homeland Security under this Act may, at 
                any time after being served with the Secretary's 
                decision under paragraph (1), request a redetermination 
                of that decision by an immigration judge.
                    ``(B) Other decisions.--The Attorney General may 
                review and conduct custody redeterminations for any 
                custody decision by the Secretary.
                    ``(C) Savings provision.--Nothing in this 
                subparagraph may be construed to prevent an individual 
                from requesting a bond redetermination.
    ``(e) Timely Notice Upon Apprehension and Service of Charging 
Documents.--
            ``(1) Notice.--The Secretary of Homeland Security, for each 
        individual detained by the Department of Homeland Security 
        under this section, shall--
                    ``(A) file the notice to appear or other relevant 
                charging document with the closest immigration court to 
                where the individual was apprehended; and
                    ``(B) serve such notice on the individual not later 
                than 48 hours after the commencement of the 
                individual's detention.
            ``(2) Custody determination.--Any individual who is 
        detained under this section for more than 48 hours shall be 
        brought before an immigration judge for a custody determination 
        not later than 72 hours after the commencement of such 
        detention unless the individual waives such right in accordance 
        with paragraph (3).
            ``(3) Waiver.--The requirements under this subsection may 
        be waived for 7 days if the individual--
                    ``(A) enters into a written agreement with the 
                Department of Homeland Security to waive such 
                requirement; and
                    ``(B) is eligible for immigration benefits or 
                demonstrates eligibility for a defense against removal.
            ``(4) Applicability of other law.--Nothing in this section 
        may be construed to repeal section 236A.'';
            (4) in subsection (g)(2), as redesignated, by inserting 
        ``or for humanitarian reasons,'' after ``such an 
        investigation,''; and

SEC. 263. APPREHENSION PROCEDURES FOR IMMIGRATION ENFORCEMENT-RELATED 
              ACTIVITIES RELATING TO CHILDREN.

    (a) Notification.--
            (1) Advance notification.--Subject to paragraph (2), when 
        conducting any immigration enforcement action involving more 
        than 10 individuals, the Department and cooperating entities 
        shall notify the Governor of the State, the local child welfare 
        agency, and relevant State and local law enforcement before 
        commencing the action, or, if advance notification is not 
        possible, immediately after commencing such action, of--
                    (A) the approximate number of individuals to be 
                targeted in the immigration enforcement action; and
                    (B) the primary language or languages believed to 
                be spoken by individuals at the targeted site.
            (2) Hours of notification.--To the extent possible, advance 
        notification under paragraph (1) should occur during business 
        hours and allow the notified entities sufficient time to 
        identify resources to conduct the interviews described in 
        subsection (b)(1).
            (3) Other notification.--When conducting any immigration 
        action involving more than 10 individuals, the Department and 
        cooperating entities shall notify the relevant local education 
        agency and local NGOs of the information described in paragraph 
        (1) immediately after commencing the action.
    (b) Apprehension Procedures.--In any immigration enforcement action 
involving more than 10 individuals, the Department and cooperating 
entities shall--
            (1) as soon as possible and not later than 6 hours after an 
        immigration enforcement action, provide licensed social workers 
        or case managers employed or contracted by the child welfare 
        agency or local NGOs with confidential access to screen and 
        interview individuals apprehended in such immigration 
        enforcement action to assist the Department or cooperating 
        entity in determining if such individuals are parents, legal 
        guardians, or primary caregivers of a child in the United 
        States;
            (2) as soon as possible and not later than 8 hours after an 
        immigration enforcement action, provide any apprehended 
        individual believed to be a parent, legal guardian, or primary 
        caregiver of a child in the United States with--
                    (A) free, confidential telephone calls, including 
                calls to child welfare agencies, attorneys, and legal 
                services providers, to arrange for the care of children 
                or wards, unless the Department has reasonable grounds 
                to believe that providing confidential phone calls to 
                the individual would endanger public safety or national 
                security; and
                    (B) contact information for--
                            (i) child welfare agencies in all 50 
                        States, the District of Columbia, all United 
                        States territories, counties, and local 
                        jurisdictions; and
                            (ii) attorneys and legal service providers 
                        capable of providing free legal advice or free 
                        legal representation regarding child welfare, 
                        child custody determinations, and immigration 
                        matters;
            (3) ensure that personnel of the Department and cooperating 
        entities do not--
                    (A) interview individuals in the immediate presence 
                of children; or
                    (B) compel or request children to translate for 
                interviews of other individuals who are encountered as 
                part of an immigration enforcement action; and
            (4) ensure that any parent, legal guardian, or primary 
        caregiver of a child in the United States--
                    (A) receives due consideration of the best 
                interests of his or her children or wards in any 
                decision or action relating to his or her detention, 
                release, or transfer between detention facilities; and
                    (B) is not transferred from his or her initial 
                detention facility or to the custody of the Department 
                until the individual--
                            (i) has made arrangements for the care of 
                        his or her children or wards; or
                            (ii) if such arrangements are impossible, 
                        is informed of the care arrangements made for 
                        the children and of a means to maintain 
                        communication with the children.
    (c) Nondisclosure and Retention of Information About Apprehended 
Individuals and Their Children.--
            (1) In general.--Information collected by child welfare 
        agencies and NGOs in the course of the screenings and 
        interviews described in subsection (b)(1) about an individual 
        apprehended in an immigration enforcement action may not be 
        disclosed to Federal, State, or local government entities or to 
        any person, except pursuant to written authorization from the 
        individual or his or her legal counsel.
            (2) Child welfare agency or ngo recommendation.--
        Notwithstanding paragraph (1), a child welfare agency or NGO 
        may--
                    (A) submit a recommendation to the Department of 
                Homeland Security or cooperating entities regarding 
                whether an apprehended individual is a parent, legal 
                guardian, or primary caregiver who is eligible for the 
                protections provided under this Act; and
                    (B) disclose information that is necessary to 
                protect the safety of the child, to allow for the 
                application of subsection (b)(4)(A), or to prevent 
                reasonably certain death or substantial bodily harm.

SEC. 264. DETENTION OF FAMILIES.

    (a) Placement in Removal Proceedings.--Any family with children 
sought to be removed by the Department shall be placed in removal 
proceedings under section 240 of the Immigration and Nationality Act (8 
U.S.C. 1229a).
    (b) Custody of Families With Children.--
            (1) Separation.--Families with children shall not be 
        separated or taken into custody except when justified by 
        exceptional circumstances, or when required by law.
            (2) Exceptional circumstances.--In exceptional 
        circumstances, if release or a secure alternatives program is 
        not an option for families with children, the Secretary shall 
        ensure that--
                    (A) special nonpenal, residential, home-like 
                facilities that enable families to live as a family 
                unit are designed to house families with children, 
                taking into account the particular needs and 
                vulnerabilities of the children;
                    (B) procedures and conditions of custody are 
                appropriate for families with children;
                    (C) entities with demonstrated experience and 
                expertise in child welfare staff and are responsible 
                for the management of facilities housing families with 
                children;
                    (D) unless such restrictions are necessary to 
                prevent flight or to ensure the safety of residents, 
                families with children are not subject to 
                restrictions--
                            (i) on freedom of movement;
                            (ii) involving access to visitations, 
                        telephones, internet, a library, and a law 
                        library;
                            (iii) regarding possession of personal 
                        property, including personal clothing;
                            (iv) on the availability of age appropriate 
                        education; or
                            (v) religious practices;
                    (E) individualized reviews by an immigration judge 
                of each family's well being, custody status and the 
                need for continued detention are conducted every 30 
                days for any family held in such a facility for more 
                than 3 weeks;
                    (F) all families are notified in writing of the 
                decisions resulting from such reviews and of the 
                individualized reasons for the decision; and
                    (G) parents retain fundamental parental rights and 
                responsibilities, including the discipline of children, 
                in accordance with applicable State laws.
    (c) Discretionary Waiver Authority for Families With Children.--
Section 235(b)(1)(B)(iii) (8 U.S.C. 1225(b)(1)(B)(iii)) is amended--
            (1) in subclause (IV), by striking ``Any alien'' and 
        inserting ``Except as provided in subclause (V), any alien''; 
        and
            (2) by adding at the end the following:
                                    ``(V) Discretionary waiver 
                                authority for families with children.--
                                The Secretary of Homeland Security may 
                                decide for humanitarian reasons or 
                                significant public benefit not to 
                                detain families with children who are 
                                otherwise subject to mandatory 
                                detention under subclause (IV).''.

SEC. 265. ACCESS TO CHILDREN, LOCAL AND STATE COURTS, CHILD WELFARE 
              AGENCIES, AND CONSULAR OFFICIALS.

    (a) In General.--The Secretary shall ensure that all detention 
facilities operated by or under agreement with the Department implement 
procedures to ensure that the best interest of the child, including the 
best outcome for the family of the child, is considered in any decision 
or action relating to the custody of children whose parent, legal 
guardian, or primary caregiver is detained as the result of an 
immigration enforcement action.
    (b) Access to Children, State and Local Courts, Child Welfare 
Agencies, and Consular Officials.--At all detention facilities operated 
by, or under agreement with, the Department, the Secretary shall--
            (1) ensure that individuals who are detained by reason of 
        their immigration status may receive the screenings and 
        interviews described in section 263(b)(1) not later than 6 
        hours after their arrival at the detention facility;
            (2) ensure that individuals who are detained by reason of 
        their immigration status and are believed to be parents, legal 
        guardians, or primary caregivers of children in the United 
        States are--
                    (A) permitted daily phone calls and regular contact 
                visits with their children or wards;
                    (B) able to participate fully, and to the extent 
                possible in-person, in all family court proceedings and 
                any other proceeding impacting upon custody of their 
                children or wards;
                    (C) able to fully comply with all family court or 
                child welfare agency orders impacting upon custody of 
                their children or wards;
                    (D) provided with contact information for family 
                courts in all 50 States, the District of Columbia, all 
                United States territories, counties, and local 
                jurisdictions;
                    (E) granted free and confidential telephone calls 
                to child welfare agencies and family courts;
                    (F) granted free and confidential telephone calls 
                and confidential in-person visits with attorneys, legal 
                representatives, and consular officials;
                    (G) provided United States passport applications 
                for the purpose of obtaining travel documents for their 
                children or wards;
                    (H) granted adequate time before removal to obtain 
                passports and other necessary travel documents on 
                behalf of their children or wards if such children or 
                wards will accompany them on their return to their 
                country of origin or join them in their country of 
                origin; and
                    (I) provided with the access necessary to obtain 
                birth records or other documents required to obtain 
                passports for their children or wards; and
            (3) facilitate the ability of detained parents, legal 
        guardians, and primary caregivers to share information 
        regarding travel arrangements with their children or wards, 
        child welfare agencies, or other caregivers well in advance of 
        the detained individual's departure from the United States.

SEC. 266. MEMORANDA OF UNDERSTANDING.

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

SEC. 267. MANDATORY TRAINING.

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

SEC. 268. ALTERNATIVES TO DETENTION.

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

SEC. 269. DETENTION CONDITIONS.

    (a) Detention Requirements.--
            (1) In general.--The Secretary shall ensure that all 
        persons detained pursuant to the Immigration and Nationality 
        Act (8 U.S.C. 1101 et seq.) are treated humanely and granted 
        the protections set forth in this section by complying and 
        enforcing the minimum requirements under this subsection.
            (2) Quality of medical care.--
                    (A) In general.--Each detainee has the right to 
                prompt and adequate medical care, designed to ensure 
                continuity of care, at no cost to the detainee, 
                including care to address medical needs that existed 
                before the detainee was placed in detention, primary 
                care, emergency care, chronic care, reproductive health 
                care, prenatal care, dental care, eye care, mental 
                health care, medical dietary needs, and other medically 
                necessary specialized care. The Secretary shall 
                discontinue the use of any short term facility or 
                detention facility that fails to maintain accreditation 
                for more than 1 year.
                    (B) Intake screening and examination.--Each 
                detainee shall receive, from a licensed health care 
                professional--
                            (i) a comprehensive medical, dental, and 
                        mental health intake screening upon arrival at 
                        the detention facility; and
                            (ii) a comprehensive medical and mental 
                        health examination not later than 14 days after 
                        arrival.
                    (C) Medications.--
                            (i) Prescription medications.--Each 
                        detainee taking prescribed medications prior to 
                        detention shall be allowed to continue taking 
                        such medications, on schedule and without 
                        interruption, until and unless a licensed 
                        health care professional examines the 
                        immigration detainee and decides upon an 
                        alternative course of treatment. Detainees who 
                        arrive at a detention facility with 
                        prescription medications shall be permitted to 
                        continue taking their medications, on schedule 
                        and without interruption, until such time as a 
                        qualified health care professional examines the 
                        detainee and decides upon an alternative course 
                        of treatment. Detainees who arrive at a 
                        detention facility without prescription 
                        medications but who report being on such 
                        medications shall be evaluated by a qualified 
                        health care professional as soon as possible, 
                        but not later than 24 hours after arrival. All 
                        decisions to discontinue or modify a detainee's 
                        reported prescription medication regimen shall 
                        be conveyed to the detainee in a language that 
                        the detainee understands and shall be recorded 
                        in writing in the detainee's medical records.
                            (ii) Involuntary psychotropic medication.--
                        Involuntary psychotropic medication may be used 
                        only if allowed by applicable law and then only 
                        in emergency situations when a physician has 
                        determined, after personally examining the 
                        patient, that a detainee is imminently 
                        dangerous to self or others due to a mental 
                        illness and that involuntary psychotropic 
                        medication is medically appropriate to treat 
                        the mental illness and necessary to prevent 
                        harm. Medication shall not be forcibly 
                        administered to a detainee to facilitate 
                        transport, removal or otherwise to control the 
                        detainee's behavior.
                    (D) Medically necessary treatment.--Each detainee 
                shall be provided access to medically necessary 
                treatment, including, for female detainees, prenatal 
                care, prenatal vitamins, and hormonal therapies, such 
                as birth control, and adequate access to sanitary 
                products.
                    (E) On-site medical providers.--Any decision 
                regarding requested medical care for a detainee--
                            (i) shall be made in writing by an on-site 
                        licensed health care professional within 72 
                        hours; and
                            (ii) shall be communicated to the detainee 
                        without delay.
                    (F) Administrative appeals process.--Detention 
                facilities, in conjunction with the Department, shall 
                provide for an administrative process for handling 
                appeals of denials of medical or mental health 
                treatment or care. Detention facilities, in conjunction 
                with the Department, shall ensure that detainees, 
                medical providers, and legally-appointed advocates have 
                the opportunity to appeal a denial of requested health 
                care services by an on-site provider to an independent 
                appeals board. The appeals board shall include health 
                care professionals in the fields relevant to the 
                request for medical or mental health care. Any such 
                appeal shall be resolved in writing within 7 days by 
                the appeals board or earlier if medically necessary.
                    (G) Review of on-site medical provider requests.--
                The Secretary shall respond within 72 hours to any 
                request by an on-site medical provider for 
                authorization to provide medical or mental health care 
                to an immigration detainee. In each case in which the 
                Secretary denies or fails to grant such a request by 
                the onsite medical provider, a written explanation of 
                the reasons for the decision shall be conveyed without 
                delay to the on-site medical provider and the 
                immigration detainee. The on-site medical provider and 
                immigration detainee (or legally appointed advocate) 
                shall be permitted to appeal the denial of or failure 
                to grant the requested health care service. Such appeal 
                shall be resolved in writing within 7 days by an 
                impartial appeals board or earlier if medically 
                necessary and communicated without delay to the on-site 
                medical provider and the immigration detainee.
                    (H) Medical release.--Any detainee deemed by a 
                licensed health care professional to have a medical or 
                mental health care condition shall be considered for 
                release on parole, on bond, or into a secure 
                alternatives program, with periodic reevaluations for 
                such detainees not initially released. Upon removal or 
                release, all detainees with medical or mental health 
                conditions and women who are pregnant, post-natal, and 
                nursing mothers shall receive discharge planning to 
                ensure continuity of care for a reasonable period of 
                time.
                    (I) Medical records.--The Department shall maintain 
                complete, confidential medical records for every 
                detainee, which shall be made available within 72 hours 
                upon request to a detainee or individuals authorized by 
                the detainee. Immediately upon an immigration 
                detainee's transfer from 1 detention facility to 
                another, the immigration detainee's complete medical 
                records, including any transfer summary, shall be 
                provided to the receiving facility.
            (3) Transfers of detainees.--
                    (A) Notice.--Absent exigent circumstances, such as 
                a natural disaster or comparable emergency, the 
                Secretary shall provide not less than 72 hours written 
                notice to any detainee before such detainee is 
                transferred to another detention facility. Not later 
                than 24 hours after a transfer, the Secretary shall 
                notify, by telephone and in writing, the detainee's 
                legal representative or other person designated by the 
                detainee of the transfer.
                    (B) Procedures.--Absent exigent circumstances, such 
                as a natural disaster or comparable emergency, the 
                Secretary may not transfer a detainee to another 
                detention facility if such transfer would--
                            (i) impair an existing attorney-client 
                        relationship;
                            (ii) prejudice the rights of the detainee 
                        in any legal proceeding, including any Federal, 
                        State or administrative proceeding; or
                            (iii) negatively affect the detainee's 
                        health, including by interrupting the 
                        continuity of medical care or provision of 
                        prescription medication.
                    (C) Transportation.--The Secretary shall ensure the 
                safe transport and deportation of each individual 
                detained under the Immigration and Nationality Act (8 
                U.S.C. 1101 et seq.), including the appropriate use of 
                safety harnesses and occupancy limitations of vehicles.
            (4) Access to telephones.--
                    (A) In general.--The Secretary shall ensure that 
                detainees at detention facilities are provided with 
                reasonable access to telephones not later than 6 hours 
                after the commencement of their detention. Such access 
                shall include not fewer than 1 working phone for every 
                25 detainees.
                    (B) Toll-free numbers.--Each detainee has the right 
                to contact, free of charge through confidential toll-
                free numbers--
                            (i) legal representatives;
                            (ii) designated nongovernmental 
                        organizations;
                            (iii) consular officials;
                            (iv) Federal and State courts where the 
                        detainee is or may become involved in a legal 
                        proceeding; and
                            (v) all Government immigration agencies and 
                        adjudicatory bodies, including the Office of 
                        the Inspector General and the Office for Civil 
                        Rights and Civil Liberties of the Department.
                    (C) Privacy.--The Secretary shall--
                            (i) make confidential calls available at no 
                        charge to detainees, who are subject to 
                        expedited removal or who are experiencing 
                        personal or family emergencies, including the 
                        need to arrange care for dependents, for the 
                        purpose of obtaining legal representation or 
                        discussing other legal matters; and
                            (ii) ensure that rates charged in detention 
                        facilities for telephone calls are reasonable 
                        and do not significantly impair the detainee's 
                        right to access telephones.
            (5) Physical and sexual abuse.--No detainee, whether in a 
        detention facility or short term detention facility, shall be 
        subject to degrading or inhumane treatment such as physical 
        abuse, sexual abuse or harassment, or arbitrary punishment. 
        Detention facilities shall take all necessary measures to 
        prevent sexual abuse and sexual assaults of detainees, to 
        provide medical and mental health treatment to victims of 
        sexual abuse and sexual assaults and shall comply fully with 
        the standards under the Prison Rape Elimination Act of 2003 (42 
        U.S.C. 15601 et seq.)
            (6) Limitations on solitary confinement and strip 
        searches.--The use of solitary confinement, shackling, and 
        strip searches of detainees shall be limited to situations 
        where the use of such techniques is necessitated by 
        extraordinary circumstances when the safety of other persons is 
        at imminent risk. These techniques shall in no event be used 
        for the purpose of humiliating detainees either within or 
        outside the detention facility. Detention facilities shall 
        adopt written policies pertaining to the use of force and the 
        use of restraints and shall train all staff on the proper use 
        of such devices. Solitary confinement, shackling and strip 
        searches shall not be used on pregnant women, nursing mothers, 
        women in labor or delivery or children who are younger than 18 
        years of age. Strip searches shall not be conducted in front of 
        children who are younger than 21 years of age.
            (7) Location of detention facilities.--All new detention 
        facilities used by the Department shall be located within 50 
        miles of a city or municipality in which there is a 
        demonstrated capacity to provide free or low-cost legal 
        representation by non-profit legal aid organizations or pro 
        bono attorneys with expertise in asylum or immigration law. By 
        January 1, 2013, all detention facilities used by the 
        Department shall meet this requirement, and if the Secretary is 
        unable to comply, the Secretary shall submit a report to 
        Congress on that date and annually each year thereafter, 
        explaining the reasons for the failure and the specific plans 
        to meet the requirement.
            (8) Access to immigration courts.--At any detention 
        facility where a contract to house immigration detainees is 
        newly made, renewed, or extended during the period beginning on 
        the date of the enactment of this Act and ending on December 
        31, 2013, detainees in removal proceedings shall appear before 
        the immigration court in person, unless in person appearance is 
        knowingly waived in writing by the detainee or the detainee's 
        representative.
            (9) Translation capabilities.--Detention facilities and 
        short term detention facilities shall employ facility staff who 
        are professionally qualified in any language spoken by more 
        than 10 percent of its immigration detainee population. All 
        short term detention facilities and detention facilities shall 
        provide alternative translation services in the exceptional 
        circumstances when trained bilingual staff members are 
        unavailable to translate. All such facilities shall provide 
        notices and written materials to detainees translated in any 
        language spoken by more than 5 percent of its immigration 
        detainee population.
            (10) Legal access.--Detainees in detention facilities have 
        the right to access legal information, including an on-site law 
        library with up-to-date legal materials and law databases. Each 
        detainee has the right to access free of charge the necessary 
        equipment and materials for legal research and correspondence, 
        such as computers, printers, copiers, and typewriters. The 
        Secretary shall ensure each detainee is provided with 
        information regarding the availability of legal information and 
        services to assist those with limited English proficiency or 
        disabilities. Detention facilities shall also provide access 
        for each detainee to meet confidentially with legal counsel and 
        shall provide services to send confidential legal documents to 
        legal counsel, government offices and legal organizations.
            (11) Visitations.--Detainees in detention facilities have 
        the right to meet privately with his or her current or 
        prospective legal representative, interpreters, and other legal 
        support staff a minimum of 8 hours per day on regular business 
        days and 4 hours per day on weekends and holidays, subject to 
        appropriate security procedures. Legal visits shall not be 
        restricted absent narrowly defined exceptional circumstances, 
        such as a natural disaster or comparable emergency. Detention 
        facilities shall prominently post official lists, updated semi-
        annually by the Secretary of Homeland Security, of pro bono 
        legal organizations and their contact information in detainee 
        housing units and other appropriate areas. Each detainee has 
        the right to reasonable access to religious or other qualified 
        individuals to address religious, cultural, or spiritual 
        considerations. Detainees have the right to regular, private 
        contact visits with children who are younger 18 years of age.
            (12) Recreational programs and activities.--Detainees in 
        detention facilities shall be afforded access to at least 1 
        hour each day of indoor and outdoor recreational programs and 
        activities for detainees.
            (13) Training of personnel.--All personnel in detention 
        facilities and short term detention facilities shall be given a 
        comprehensive specialized training and regular, periodic 
        updates that shall include at a minimum an overview of 
        immigration detention and all detention standards; the 
        characteristics of the non-citizen detainee population 
        including special characteristics of vulnerable groups; and the 
        due process and grievance procedures to protect the rights of 
        detainees.
            (14) Short term detention facilities.--
                    (A) In general.--All detainees in short term 
                detention facilities shall receive--
                            (i) potable water;
                            (ii) food, if detained for more than 5 
                        hours;
                            (iii) basic toiletries, diapers, sanitary 
                        products, blankets; and
                            (iv) access to bathroom facilities and 
                        telephones.
                    (B) Consular officials.--The Secretary or his 
                designates shall provide consular officials with access 
                to detainees held at such facilities.
                    (C) Health care.--Detainees shall be afforded 
                reasonable access to a licensed health care 
                professional.
                    (D) Nursing mothers.--The Secretary shall ensure 
                that nursing mothers in such facilities have access to 
                their children.
                    (E) Property.--Any property the Department 
                confiscates from detainees shall be returned upon 
                repatriation or transfer.
                    (F) Protections for children.--The Secretary shall 
                provide adequately trained and qualified staff at each 
                major port of entry (as defined by the U.S. Customs and 
                Border Protection station assigned to that port having 
                in its custody over the past 2 fiscal years an average 
                per year of 50 or more unaccompanied alien children (as 
                defined in section 462 of the Homeland Security Act of 
                2002 (6 U.S.C. 279))), including U.S. Customs and 
                Border Protection agents charged primarily with the 
                safe, swift, and humane transportation of unaccompanied 
                alien children to Office of Refugee Resettlement 
                custody and independent licensed social workers 
                dedicated to ensuring the proper temporary care for the 
                children while in Department custody before their 
                transfer to the Office of Refugee Resettlement. These 
                staff will ensure that each child--
                            (i) receives emergency medical care;
                            (ii) receives mental health care in case of 
                        trauma and has access to psychosocial health 
                        services;
                            (iii) is provided with a pillow, linens, 
                        and sufficient blankets to rest at a 
                        comfortable temperature, a bed, and a mattress 
                        placed in an area specifically designated for 
                        residential use;
                            (iv) receives adequate nutrition;
                            (v) enjoys a safe and sanitary living 
                        environment;
                            (vi) receives educational materials; and
                            (vii) has access to at least 3 hours of 
                        indoor and outdoor recreational programs and 
                        activities per day.
                    (G) Confidentiality.--The Secretary of Health and 
                Human Services shall maintain the privacy and 
                confidentiality of all information gathered in the 
                course of providing care, custody, placement and 
                follow-up services to unaccompanied alien children, 
                consistent with the best interest of the unaccompanied 
                alien child, by not disclosing such information to 
                other government agencies or nonparental third parties. 
                The Secretary may share information when authorized to 
                do so by the child and when consistent with the child's 
                best interest. The Secretary may provide information to 
                a duly recognized law enforcement entity, if such 
                disclosure would prevent imminent and serious harm to 
                another individual. All disclosures shall be duly 
                recorded in writing and placed in the child's files.
            (15) Vulnerable populations.--Detention facility conditions 
        and minimum requirements for detention facilities shall 
        recognize and accommodate the unique needs of vulnerable 
        populations as defined by this Act.
            (16) Children.--The Secretary shall ensure that 
        unaccompanied alien children (as defined in section 462 of the 
        Homeland Security Act of 2002 (6 U.S.C. 279)) are physically 
        separated from any adult who is not an immediate family member 
        and are separated by sight and sound from immigration detainees 
        and inmates with criminal convictions, pretrial inmates facing 
        criminal prosecution, children who have been adjudicated 
        delinquents or convicted of adult offenses or are pending 
        delinquency or criminal proceedings, and those inmates 
        exhibiting violent behavior while in detention as is consistent 
        with the Juvenile Justice and Delinquency Prevention Act of 
        1974 (42 U.S.C. 5601 et seq.)
    (b) Rulemaking and Enforcement.--
            (1) In general.--
                    (A) Notice of proposed rulemaking.--Not later than 
                60 days after the date of the enactment of this Act, 
                the Secretary shall issue a notice of proposed 
                rulemaking regarding the enforcement of this section.
                    (B) Final regulations.--Not later than 180 days 
                after the date of the enactment of this Act, the 
                Secretary shall promulgate regulations, binding upon 
                all short term detention facilities and detention 
                facilities, to ensure that the detention requirements 
                under subsection (a) are fully implemented and 
                enforced, and that all facilities comply with the 
                regulations.
            (2) Enforcement.--
                    (A) In general.--The Secretary shall enforce all 
                regulations promulgated under paragraph (1).
                    (B) Guidance.--Not later than 180 days after the 
                date of the enactment of this Act, the Secretary shall 
                issue guidance for ensuring that short term detention 
                facilities and detention facilities comply with all 
                detention requirements and all regulations and 
                standards promulgated under paragraph (1).
                    (C) Compliance mechanisms.--To ensure the 
                compliance described in subparagraph (B), the 
                Secretary--
                            (i) shall establish mechanisms for 
                        reviewing any evidence of noncompliance with 
                        the provisions under this section;
                            (ii) may impose financial penalties upon 
                        noncompliant detention facilities; and
                            (iii) may terminate the contracts of 
                        persistently noncompliant detention facilities.
                    (D) Investigations.--The Secretary shall 
                investigate evidence pertaining to violations of the 
                provisions under this section, including detainee 
                complaints. The Secretary shall complete such 
                investigation not later than 30 days after collecting 
                the relevant evidence. If the Secretary determines that 
                a violation has occurred, the Secretary shall ensure 
                that such violation is remedied not later than 30 days 
                after such determination. A decision by the Secretary 
                not to pursue such an enforcement action shall 
                constitute final agency action.
                    (E) Grievances.--Each detainee has the right to 
                file grievances with the staff of short term detention 
                facilities, detention facilities, and the Department 
                and shall be protected from retaliation.
                    (F) Compliance officer.--Each short term detention 
                facility and detention facility shall designate an 
                officer to ensure compliance with the provisions of 
                this section. Such officer shall investigate all 
                evidence pertaining to a violation of this section. If 
                a violation is identified, the officer shall remedy the 
                violation not later than 30 days after such 
                identification.
                    (G) Judicial review.--A detainee may not seek--
                            (i) review in district court until after 
                        the passage of the 30-day remediation period 
                        described in subparagraph (F);
                            (ii) remedy in district court unless he or 
                        she has complied with the procedures 
                        promulgated under this subsection; or
                            (iii) punitive damages for violations of 
                        this section.
                    (H) Rule of construction.--Nothing in the section 
                may be construed to preclude review of noncompliance 
                with this section under section 1983 of title 42, 
                United States Code.
    (c) Detention Commission.--
            (1) Appointment.--The Secretary shall appoint and convene a 
        detention commission comprised of--
                    (A) experts from U.S. Immigration and Customs 
                Enforcement, U.S. Customs and Border Protection, the 
                Office of Refugee Resettlement, and Division of 
                Immigration Health Services in the Department of Health 
                and Human Services; and
                    (B) an equal number of independent experts from 
                nongovernmental organizations and intergovernmental 
                organizations with expertise in working on behalf of 
                aliens detained under immigration laws and vulnerable 
                populations.
            (2) Duties.--The detention commission shall conduct 
        independent investigations, evaluate, and report on the 
        compliance of short term detention facilities, detention 
        facilities, and the Department with the requirements set forth 
        in this section.
            (3) Report.--Not later than 60 days after end of the fiscal 
        year during which this Act was enacted, and biennially 
        thereafter, the detention commission shall submit a report on 
        the duties set forth in paragraph (2) to--
                    (A) the Committee on the Judiciary of the Senate;
                    (B) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (C) the Committee on the Judiciary of the House of 
                Representatives; and
                    (D) the Committee on Homeland Security of the House 
                of Representatives.
    (d) Death in Custody Reporting Requirement.--
            (1) In general.--If an individual dies while in the custody 
        of the Department or en route to or from custody, the 
        supervising official at a short term detention facility or 
        detention facility shall immediately report such death to the 
        Secretary. Not later than 48 hours after receiving the report 
        of such death, the Secretary shall report the death to the 
        Office of the Inspector General of the Department and the 
        Department of Justice.
            (2) Investigations.--The Department shall complete an 
        investigation of each detainee death that shall be conducted 
        consistent with established medical practice for morbidity and 
        mortality reviews and examine both individual and systemic 
        contributors to the death. The investigation shall be conducted 
        by a panel of physicians with experience in morbidity and 
        mortality reviews and shall include the medical staff of the 
        facility or facilities that cared for the deceased detainee, 
        physicians from within the Department, and independent 
        physicians not affiliated with the Department or facility. The 
        panel shall complete a report and corrective action plan in 
        each case.
            (3) Reports.--
                    (A) In general.--Not later than 60 days after the 
                end of each fiscal year, the Secretary shall submit a 
                report to the committees set forth in subsection (c)(3) 
                that contains detailed information regarding all 
                detainee deaths during the preceding fiscal year, 
                including--
                            (i) each mortality and morbidity report;
                            (ii) each corrective action plan; and
                            (iii) corrective actions taken.
                    (B) Contents.--The reports to the Office of the 
                Inspector General and to Congress referred to in 
                paragraph (1) shall include--
                            (i) the name, gender, race, ethnicity, and 
                        age of the deceased;
                            (ii) the date, time, and location of death;
                            (iii) the law enforcement agency that 
                        detained, arrested, or was in the process of 
                        arresting the deceased;
                            (iv) a description of the circumstances 
                        surrounding the death;
                            (v) the status and results of any 
                        investigation that has been conducted into the 
                        circumstances surrounding the death; and
                            (vi) all medical records of the deceased.

SEC. 270. ACCESS TO COUNSEL.

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

SEC. 271. GROUP LEGAL ORIENTATION PRESENTATIONS.

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

SEC. 272. PROTECTIONS FOR REFUGEES.

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

SEC. 273. IMMIGRATION AND CUSTOMS ENFORCEMENT OMBUDSMAN.

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

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

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

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

SEC. 274. ELIMINATION OF TIME LIMITS ON ASYLUM APPLICATIONS.

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

SEC. 275. EFFICIENT ASYLUM DETERMINATION PROCESS AND DETENTION OF 
              ASYLUM SEEKERS.

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

SEC. 276. PROTECTION OF STATELESS PERSONS IN THE UNITED STATES.

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

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

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

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

SEC. 277. AUTHORITY TO DESIGNATE CERTAIN GROUPS OF REFUGEES FOR 
              CONSIDERATION.

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

SEC. 278. ADMISSION OF REFUGEES IN THE ABSENCE OF THE ANNUAL 
              PRESIDENTIAL DETERMINATION.

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

        Subtitle C--Reforming America's Legal Immigration System

PART I--STANDING COMMISSION ON FOREIGN WORKERS, LABOR MARKETS, AND THE 
                           NATIONAL INTEREST

SEC. 300. STANDING COMMISSION ON FOREIGN WORKERS, LABOR MARKETS, AND 
              THE NATIONAL INTEREST.

    (a) Establishment of Commission.--
            (1) In general.--There is established an independent 
        Federal agency within the executive branch to be known as the 
        Standing Commission on Foreign Workers, Labor Markets, and the 
        National Interest (referred to in this section as the 
        ``Commission'').
            (2) Purposes.--The purposes of the Commission are--
                    (A) to establish employment-based immigration 
                policies that promote America's economic growth and 
                competitiveness while minimizing job displacement, wage 
                depression and unauthorized employment in the United 
                States;
                    (B) to create and implement a policy-focused 
                research agenda on the economic impacts of immigration 
                at the national, regional, State, industry and 
                occupation levels;
                    (C) to collect and analyze information about 
                employment-based immigration and the labor market and 
                share the data and analysis with lawmakers, researchers 
                and the American public;
                    (D) to recommend to the Congress and the President 
                on a regular basis an evidence-based methodology for 
                determining the level of employment-based immigration;
                    (E) to recommend to Congress and the President the 
                numeric levels and characteristics of workers to be 
                admitted in various employment-based visa categories;
                    (F) to work with the Department of Labor to conduct 
                pilot programs to examine ways to improve the operation 
                of foreign worker programs; and
                    (G) to collect and analyze information about the 
                economic, labor, security, and foreign policy impacts 
                of our Nation's immigration policies.
            (3) Membership.--The Commission shall be composed of--
                    (A) 7 voting members--
                            (i) who shall be appointed by the 
                        President, with the advice and consent of the 
                        Senate, not later than 6 months after the date 
                        of the enactment of this Act;
                            (ii) who shall serve for 5-year staggered 
                        terms;
                            (iii) 1 of whom the President shall appoint 
                        as Chair of the Commission to serve a 6-year 
                        term, which can be extended for 1 additional 3-
                        year term;
                            (iv) who shall have expertise in economics, 
                        demography, sociology, labor, business, civil 
                        rights, immigration, or other pertinent 
                        qualifications or experience;
                            (v) who may not be an employee of the 
                        Federal Government or of any State or local 
                        government; and
                            (vi) not more than 4 of whom may be members 
                        of the same political party; and
                    (B) 8 ex-officio members, including--
                            (i) the Secretary;
                            (ii) the Secretary of State;
                            (iii) the Attorney General;
                            (iv) the Secretary of Labor;
                            (v) the Secretary of Commerce;
                            (vi) the Secretary of Health and Human 
                        Services;
                            (vii) the Secretary of Agriculture; and
                            (viii) the Commissioner of Social Security.
            (4) Vacancies.--Any vacancy in the Commission shall be 
        filled in the same manner as the original appointment.
            (5) Meetings.--
                    (A) Initial meeting.--The Commission shall meet and 
                begin carrying out the duties described in subsection 
                (b) as soon as practicable.
                    (B) Subsequent meetings.--After its initial 
                meeting, the Commission shall meet upon the call of the 
                Chair or a majority of its members.
                    (C) Quorum.--Four voting members of the Commission 
                shall constitute a quorum.
    (b) Duties of the Commission.--The Commission shall collect, 
analyze, and publish data regarding--
            (1) the historic migration patterns to and from the United 
        States and demographic trends, including the birth rate, 
        education levels, and age profiles of the immigrant and native 
        population of the United States;
            (2) the national, regional, State, and local impacts of 
        employment-based immigration--
                    (A) within industries and business sectors;
                    (B) on wages, labor standards, occupations, and 
                employment levels;
                    (C) on small business;
                    (D) on employment and unemployment levels;
                    (E) on economic growth, productivity, and 
                competitiveness;
                    (F) on national and border security; and
                    (G) on local communities;
            (3) the development and implementation of the new worker 
        program to admit H-2C nonimmigrants (referred to in this 
        section as the ``Program''), including--
                    (A) the criteria for the admission of workers under 
                the Program; and
                    (B) the formula and methodologies for determining 
                the annual numerical limitations of the Program;
            (4) the current and anticipated needs of employers for 
        skilled and unskilled labor;
            (5) the national interest;
            (6) the current and anticipated supply of skilled and 
        unskilled labor;
            (7) the impact of employment-based immigration on the 
        economic growth, competitiveness, labor standards, labor 
        conditions, and wages;
            (8) the extent and impact of unauthorized employment in the 
        United States;
            (9) the factors that determine the economic success of 
        immigrants to the United States;
            (10) specific aspects of the Nation's immigration policies 
        and programs that Congress has requested the Commission to 
        examine or analyze; and
            (11) any other matters regarding the impact of employment-
        based immigration that the Commission considers appropriate.
    (c) Annual Reports.--
            (1) Program evaluation.--Not later than 1 year after the 
        date of the enactment of this Act, and annually thereafter, the 
        Commission shall submit a report to the President and Congress 
        that--
                    (A) assesses the economic, labor, security, and 
                foreign policy impacts of the Nation's immigration 
                policies;
                    (B) evaluates the Program and defines a formula and 
                methodologies for measuring the need for nonimmigrants 
                in States, industries, and occupations;
                    (C) recommends adjustments, based on the 
                established methodologies, to the Program's numeric 
                allocations for the subsequent fiscal year; and
                    (D) reviews the issuance and allocations of 
                employment-based immigrant and nonimmigrant visa 
                categories.
            (2) Effect on employment levels.--Not later than February 1 
        of each year, the Commission shall submit a report to Congress 
        that contains--
                    (A) the Commission's recommendations on the 
                increase or decrease in the number of employment-based 
                immigrant visas to be made available for temporary or 
                permanent employment under the Immigration and 
                Nationality Act and a statement of the reasons for such 
                recommendations; and
                    (B) the Commission's recommendations on how many 
                immigrant visas from the discretionary national 
                interest pool described in section 301(e) should be 
                added to the subsequent fiscal year's annual immigrant 
                visa allocations to comport with the increases 
                recommended in subparagraph (A) and to which employment 
                preference categories such visas should be added.
            (3) Effect of congressional inaction.--If Congress does not 
        enact a law to approve or disapprove the Commission's 
        recommendations under paragraph (2) not later than 90 days 
        after receiving a report under such paragraph, the number of 
        employment-based immigrant visas shall remain at the level 
        authorized for the previous fiscal year.
    (d) National Interest Defined.--For purposes of determining whether 
immigrant visas should be allocated from the discretionary national 
interest pool in a given fiscal year, the term ``national interest'' 
shall be broadly defined and shall take into consideration--
            (1) national and regional unemployment rates;
            (2) unemployment rates by industry and sector;
            (3) national and regional demographic and industry 
        projections;
            (4) wage and labor impact;
            (5) education, workforce development, and social support 
        considerations;
            (6) immigrant visa backlogs and length of familial 
        separation;
            (7) national security and border security;
            (8) community impact assessments; and
            (9) competitiveness and economic growth.
    (e) Powers of the Commission.--The Commission, by vote of a 
majority of the members present and voting, shall have the power to--
            (1) establish general policies and promulgate such rules 
        and regulations for the Commission as are necessary to carry 
        out the purposes of this section;
            (2) appoint and fix the salary and duties of the Staff 
        Director of the Commission, who shall serve at the discretion 
        of the Commission and who shall be compensated at a rate not to 
        exceed the highest rate now or hereafter prescribed for Level 6 
        of the Senior Executive Service Schedule (5 U.S.C. 5382), and 
        such other personnel as may be necessary to enable the 
        Commission to carry out its functions;
            (3) deny, revise, or ratify any request for regular, 
        supplemental, or deficiency appropriations prior to any 
        submission of such request to the Office of Management and 
        Budget by the Chair;
            (4) utilize, with their consent, the services, equipment, 
        personnel, information, and facilities of other Federal, State, 
        local, and private agencies and instrumentalities with or 
        without reimbursement for such utilization;
            (5) without regard to section 3324 of title 31, United 
        States Code, enter into and perform such contracts, leases, 
        cooperative agreements, and other transactions as may be 
        necessary in the conduct of the functions of the Commission, 
        with any public agency, or with any person, firm, association, 
        corporation, educational institution, or nonprofit 
        organization;
            (6) accept and employ, in carrying out the provisions of 
        this title, voluntary and uncompensated services, 
        notwithstanding the provisions of section 1342 of title 31, 
        United States Code, however, individuals providing such 
        services shall not be considered Federal employees except for 
        purposes of chapter 81 of title 5, United States Code, with 
        respect to job-incurred disability and title 28, United States 
        Code, with respect to tort claims;
            (7) request such information, data, and reports from any 
        Federal agency as the Commission may from time to time require 
        and as may be produced consistent with other law;
            (8) arrange with the head of any other Federal agency for 
        the performance by such agency of any function of the 
        Commission, with or without reimbursement;
            (9) establish a research and development program within the 
        Commission for the purpose of understanding and documenting the 
        effects of immigration and the admission of foreign workers on 
        the labor market and national competitiveness;
            (10) collect systematically the data obtained from studies, 
        research, and the empirical experience of public and private 
        agencies concerning the need for and effects of immigration;
            (11) interview and confer with State and local officials, 
        representatives of labor and industry, and experts in academia 
        to obtain information about the need for or benefit of 
        additional immigrant or nonimmigrant workers;
            (12) make recommendations to Congress concerning the 
        numeric limitations of the immigrant and nonimmigrant 
        employment-based visa categories and recommend modifications or 
        the enactment of statutes relating to matters that the 
        Commission finds to be necessary and advisable to carry out an 
        effective immigration policy;
            (13) hold hearings and call witnesses to assist the 
        Commission in the exercise of its powers or duties;
            (14) retain and, in its discretion pay reasonable 
        attorneys' fees out if its appropriated funds to, private 
        attorneys who--
                    (A) shall provide legal advice to the Commission in 
                the conduct of its work, or to appear for or represent 
                the Commission in any case in which the Commission is 
                authorized by law to represent itself, or in which the 
                Commission is representing itself with the consent of 
                the Department of Justice; and
                    (B) when serving as officers or employees of the 
                United States, shall be considered special Government 
                employees (as defined in section 202(a) of title 18, 
                United States Code);
            (15) grant incentive awards to its employees pursuant to 
        chapter 45 of title 5, United States Code;
            (16) create occupational, industry, and regional advisory 
        committees; and
            (17) perform such other functions as may be necessary to 
        carry out the purposes of this section, which may be delegated 
        to any member or designated person, as appropriate.
    (f) Information and Assistance From Federal Agencies.--
            (1) Information.--The head of any Federal department or 
        agency that receives a request from the Commission for 
        information, including suggestions, estimates, and statistics, 
        as the Commission considers necessary to carry out the 
        provisions of this section, shall furnish such information to 
        the Commission, to the extent allowed by law.
            (2) Assistance.--
                    (A) General services administration.--The 
                Administrator of General Services shall, on a 
                reimbursable basis, provide the Commission with 
                administrative support and other services for the 
                performance of the Commission's functions.
                    (B) Other federal agencies.--The departments and 
                agencies of the United States may provide the 
                Commission with such services, funds, facilities, 
                staff, and other support services as the heads of such 
                departments and agencies determine advisable and 
                authorized by law.
    (g) Personnel Matters.--
            (1) Staff.--
                    (A) Appointment and compensation.--The Chair, in 
                accordance with rules agreed upon by the Commission, 
                may appoint and fix the compensation of a staff 
                director and such other personnel as may be necessary 
                to enable the Commission to carry out its functions.
                    (B) Federal employees.--
                            (i) In general.--Except as provided under 
                        clause (ii), the executive director and any 
                        personnel of the Commission who are employees 
                        shall be considered to be employees under 
                        section 2105 of title 5, United States Code, 
                        for purposes of chapters 63, 81, 83, 84, 85, 
                        87, 89, and 90 of such title.
                            (ii) Commission members.--Clause (i) shall 
                        not apply to members of the Commission.
            (2) Detailees.--Any employee of the Federal Government may 
        be detailed to the Commission without reimbursement from the 
        Commission. Such detailee shall retain the rights, status, and 
        privileges of his or her regular employment without 
        interruption.
            (3) Consultant services.--The Commission may procure the 
        services of experts and consultants in accordance with section 
        3109 of title 5, United States Code, at rates not to exceed the 
        daily rate paid a person occupying a position at level IV of 
        the Executive Schedule under section 5315 of such title 5.
    (h) Compensation and Travel Expenses.--
            (1) Compensation.--Each voting member of the Commission may 
        be compensated at a rate not to exceed the daily equivalent of 
        the annual rate of basic pay in effect for a position at level 
        IV of the Executive Schedule under section 5315 of title 5, 
        United States Code, for each day during which that member is 
        engaged in the actual performance of the duties of the 
        Commission.
            (2) Travel expenses.--Members of the Commission shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under section 5703(b) of title 5, United States Code, while 
        away from their homes or regular places of business in the 
        performance of services for the Commission.

              PART II--FAMILY AND EMPLOYMENT VISA REFORMS

         CHAPTER 1--FAMILY AND EMPLOYMENT-BASED IMMIGRANT VISAS

SEC. 301. RECAPTURE OF IMMIGRANT VISAS LOST TO BUREAUCRATIC DELAY.

    (a) Worldwide Level of Family-Sponsored Immigrants.--Section 201(c) 
(8 U.S.C. 1151(c)) is amended to read as follows:
    ``(c) Worldwide Level of Family-Sponsored Immigrants.--
            ``(1) In general.--Subject to subparagraph (B), the 
        worldwide level of family-sponsored immigrants under this 
        subsection for a fiscal year is equal to the sum of--
                    ``(A) 480,000; and
                    ``(B) the sum of--
                            ``(i) the number computed under paragraph 
                        (2); and
                            ``(ii) the number computed under paragraph 
                        (3).
            ``(2) Unused visa numbers from previous fiscal year.--The 
        number computed under this paragraph for a fiscal year is the 
        difference, if any, between--
                    ``(A) the worldwide level of family-sponsored 
                immigrant visas established for the previous fiscal 
                year; and
                    ``(B) the number of visas issued under section 
                203(a), subject to this subsection, during the previous 
                fiscal year.
            ``(3) Unused visa numbers from fiscal years 1992 through 
        2007.--The number computed under this paragraph is--
                    ``(A) the difference, if any, between--
                            ``(i) the sum of the worldwide levels of 
                        family-sponsored immigrant visas established 
                        for fiscal years 1992 through 2007; and
                            ``(ii) the number of visas issued under 
                        section 203(a), subject to this subsection, 
                        during such fiscal years; and
                    ``(B) the number of unused visas from fiscal years 
                1992 through 2007 that were issued after fiscal year 
                2007 under section 203(a), subject to this 
                subsection.''.
    (b) Worldwide Level of Employment-Based Immigrants.--Section 201(d) 
(8 U.S.C. 1151(d)) is amended to read as follows:
    ``(d) Worldwide Level of Employment-Based Immigrants.--
            ``(1) In general.--The worldwide level of employment-based 
        immigrants under this subsection for a fiscal year is equal to 
        the sum of--
                    ``(A) 140,000;
                    ``(B) the number computed under paragraph (2); and
                    ``(C) the number computed under paragraph (3).
            ``(2) Unused visa numbers from previous fiscal year.--The 
        number computed under this paragraph for a fiscal year is the 
        difference, if any, between--
                    ``(A) the worldwide level of employment-based 
                immigrant visas established for the previous fiscal 
                year; and
                    ``(B) the number of visas issued under section 
                203(b), subject to this subsection, during the previous 
                fiscal year.
            ``(3) Unused visa numbers from fiscal years 1992 through 
        2007.--The number computed under this paragraph is the 
        difference, if any, between--
                    ``(A) the difference, if any, between--
                            ``(i) the sum of the worldwide levels of 
                        employment-based immigrant visas established 
                        for each of fiscal years 1992 through 2007; and
                            ``(ii) the number of visas issued under 
                        section 203(b), subject to this subsection, 
                        during such fiscal years; and
                    ``(B) the number of unused visas from fiscal years 
                1992 through 2007 that were issued after fiscal year 
                2007 under section 203(b), subject to this 
                subsection.''.
    (c) Aliens Not Subject to Direct Numerical Limitations.--Section 
201(b)(1) (8 U.S.C. 1151(b)(1)) is amended by adding at the end the 
following:
                    ``(F) A derivative beneficiary as described in 
                section 203(d) of an employment-based immigrant under 
                section 203(b).
                    ``(G) Aliens with extraordinary ability in the 
                sciences, arts, education, business, or athletics which 
                has been demonstrated by sustained national or 
                international acclaim, if:
                            ``(i) the achievements of such alien have 
                        been recognized in the field through extensive 
                        documentation;
                            ``(ii) such alien seeks to enter the United 
                        States to continue work in the area of 
                        extraordinary ability; and
                            ``(iii) the entry of such alien into the 
                        United States will substantially benefit 
                        prospectively the United States.
                    ``(H) Aliens who have earned an advanced degree in 
                the sciences (not including the social sciences), 
                technology, engineering, or mathematics from a United 
                States institution of higher education (as defined in 
                section 1001(a) of title 20) and have been working in a 
                field related to their degree subject in the United 
                States under a nonimmigrant visa during the 2-year 
                period preceding their application for an immigrant 
                visa under section 203(b).
                    ``(I) Alien physicians who have completed service 
                requirements of a waiver or exemption requested by an 
                interested State agency or by an interested Federal 
                agency under section 214(l), including those alien 
                physicians who completed such service before the date 
                of the enactment of this subparagraph.
                    ``(J) Aliens who are eligible for adjustment of 
                status under section 245(n)(1) as an alien who 
                described in section 101(a)(15)(H)(ii)(c).''
    (d) Requirement To Satisfy Eligibility Requirements.--Section 203 
(8 U.S.C. 1153) is amended by adding at the end the following new 
subsection:
    ``(i) Requirement To Satisfy Eligibility Requirements.--
Notwithstanding the inapplicability of the worldwide levels specified 
in sections 201(c) and (d) to aliens described in section 201(b)(1), 
aliens described in subparagraph (H) or (I) of section 201(b)(1) shall 
satisfy the requirements for eligibility for an immigrant visa under 1 
of the preference categories under subsection (b).''.
    (e) Discretionary National Interest Pool.--The discretionary 
national interest pool is the number that is the average of the 
difference between--
            (1) the number of legal immigrant visas issued annually 
        from fiscal year 1995 through fiscal year 2010; and
            (2) the number of legal immigrant visas issued annually 
        plus unauthorized entries estimated annually by the Secretary 
        of Homeland Security from fiscal year 1995 through fiscal year 
        2010.
    (f) Applicability.--The amendments made by subsection (c) shall 
apply to any immigrant petition or immigrant visa application--
            (1) pending on the date of the enactment of this Act; or
            (2) filed on or after such date of enactment.
    (g) Elimination of the EB-1A Preference Category.--Section 
203(b)(1) (8 U.S.C. 1153(b)(1)) is amended--
            (1) by striking subparagraph (A); and
            (2) by redesignating subparagraphs (B) and (C) as 
        subparagraphs (A) and (B), respectively.
    (h) Effective Date.--The amendments made by this section shall take 
effect on the first day of the first fiscal year that commences no 
earlier than 9 months after the date of the enactment of the 
Comprehensive Immigration Reform Act of 2010.

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

    (a) In General.--Section 201(b)(2) (8 U.S.C. 1151(b)(2)) is amended 
to read as follows:
            ``(2)(A)(i) Immediate relatives.
            ``(ii) In this paragraph, the term `immediate relative' 
        means a child, spouse, or parent of a citizen of the United 
        States or a child or spouse of a lawful permanent resident (and 
        for each family member of a citizen or lawful permanent 
        resident under this subparagraph, such individual's spouse or 
        child who is accompanying or following to join the individual), 
        except that, in the case of parents, such citizens shall be at 
        least 21 years of age.
            ``(iii) If an alien who was the spouse of a citizen of the 
        United States and was not legally separated from the citizen at 
        the time of the citizen`s death files a petition under section 
        204(a)(1)(A)(ii) not later than 2 years after the date of the 
        citizen's death, the alien and each child of the alien shall be 
        remain, for purposes of this paragraph, an immediate relative 
        during the period beginning on the date of the citizen's death 
        and ending on the date on which the alien remarries.
            ``(iv) An alien who has filed a petition under clause (iii) 
        or (iv) of section 204(a)(1)(A) shall remain, for purposes of 
        this paragraph, a an immediate relative if the United States 
        citizen or lawful permanent resident spouse or parent loses 
        United States citizenship on account of the abuse.
            ``(B) Aliens admitted under section 211(a) on the basis of 
        a prior issuance of a visa to their accompanying parent who is 
        an immediate relative.
            ``(C) Aliens born to an alien lawfully admitted for 
        permanent residence during a temporary visit abroad.''.
    (b) Allocation of Immigrant Visas.--Section 203(a) (8 U.S.C. 
1153(a)) is amended--
            (1) in paragraph (1), by striking ``23,400'' and inserting 
        ``127,200'';
            (2) by striking paragraph (2) and inserting the following:
            ``(2) Unmarried sons and unmarried daughters of permanent 
        resident aliens.--Qualified immigrants who are the unmarried 
        sons or unmarried daughters (but are not the children) of an 
        alien lawfully admitted for permanent residence shall be 
        allocated visas in a number not to exceed 80,640, plus any 
        visas not required for the class specified in paragraph (1).'';
            (3) in paragraph (3), by striking ``23,400'' and inserting 
        ``80,640''; and
            (4) in paragraph (4), by striking ``65,000'' and inserting 
        ``191,520''.
    (c) Technical and Conforming Amendments.--
            (1) Rules for determining whether certain aliens are 
        immediate relatives.--Section 201(f) (8 U.S.C. 1151(f)) is 
        amended--
                    (A) in paragraph (1), by striking ``paragraphs (2) 
                and (3),'' and inserting ``paragraph (2),'';
                    (B) by striking paragraph (2);
                    (C) by redesignating paragraphs (3) and (4) as 
                paragraphs (2) and (3), respectively; and
                    (D) in paragraph (3), as redesignated by 
                subparagraph (C), by striking ``through (3)'' and 
                inserting ``and (2)''.
            (2) Numerical limitation to any single foreign state.--
        Section 202 (8 U.S.C. 1152) is amended--
                    (A) in subsection (a)(4)--
                            (i) by striking subparagraphs (A) and (B);
                            (ii) by redesignating subparagraphs (C) and 
                        (D) as subparagraphs (A) and (B), respectively; 
                        and
                            (iii) in subparagraph (A), as redesignated 
                        by clause (ii), by striking ``section 
                        203(a)(2)(B)'' and inserting ``section 
                        203(a)(2)''; and
                    (B) in subsection (e), in the flush matter 
                following paragraph (3), by striking ``, or as limiting 
                the number of visas that may be issued under section 
                203(a)(2)(A) pursuant to subsection (a)(4)(A)''.
            (3) Allocation of immigration visas.--Section 203(h) (8 
        U.S.C. 1153(h)) is amended--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``subsections (a)(2)(A) and 
                        (d)'' and inserting ``subsection (d)'';
                            (ii) in subparagraph (A), by striking 
                        ``becomes available for such alien (or, in the 
                        case of subsection (d), the date on which an 
                        immigrant visa number became available for the 
                        alien's parent),'' and inserting ``became 
                        available for the alien's parent,''; and
                            (iii) in subparagraph (B), by striking 
                        ``applicable'';
                    (B) by amending paragraph (2) to read as follows:
            ``(2) Petitions described.--The petition described in this 
        paragraph is a petition filed under section 204 for 
        classification of the alien's parent under subsection (a), (b), 
        or (c).''; and
                    (C) in paragraph (3), by striking ``subsections 
                (a)(2)(A) and (d)'' and inserting ``subsection (d)''.
            (4) Procedure for granting immigrant status.--Section 204 
        (8 U.S.C. 1154) is amended--
                    (A) in subsection (a)(1)--
                            (i) in subparagraph (A)--
                                    (I) in clause (i), by inserting 
                                ``or lawful permanent resident'' after 
                                ``citizen'';
                                    (II) in clause (ii), by striking 
                                ``described in the second sentence of 
                                section 201(b)(2)(A)(i) also'' and 
                                inserting ``, alien child, or alien 
                                parent described in section 
                                201(b)(2)(A)'';
                                    (III) in clause (iii)--
                                            (aa) in subclause (I)(aa), 
                                        by inserting ``or legal 
                                        permanent resident'' after 
                                        ``citizen''; and
                                            (bb) in subclause 
                                        (II)(aa)--

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

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

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

                                    (IV) in clause (iv), by inserting 
                                ``or legal permanent resident'' after 
                                ``citizen'' each place that term 
                                appears;
                                    (V) in clause (v)(I), by inserting 
                                ``or legal permanent resident'' after 
                                ``citizen''; and
                                    (VI) in clause (vi)--
                                            (aa) by inserting ``or 
                                        legal permanent resident 
                                        status'' after ``renunciation 
                                        of citizenship''; and
                                            (bb) by inserting ``or 
                                        legal permanent resident'' 
                                        after ``abuser's citizenship'';
                            (ii) by striking subparagraph (B);
                            (iii) in subparagraph (C), by striking 
                        ``subparagraph (A)(iii), (A)(iv), (B)(ii), or 
                        (B)(iii)'' and inserting ``clause (iii) or (iv) 
                        of subparagraph (A)''; and
                            (iv) in subparagraph (J), by striking ``or 
                        clause (ii) or (iii) of subparagraph (B)'';
                    (B) in subsection (a), by striking paragraph (2);
                    (C) in subsection (c)(1), by striking ``or 
                preference status''; and
                    (D) in subsection (h), by striking ``or a petition 
                filed under subsection (a)(1)(B)(ii)''.
    (d) Country Limit.--Section 202(a)(2) (8 U.S.C. 1152(a)(2)) is 
amended to read as follows:
            ``(2) Per country levels for family-sponsored and 
        employment-based immigrants.--Subject to paragraphs (3), (4), 
        and (5) the total number of immigrant visas made available to 
        natives of any single foreign state under subsection (a) of 
        section 203 in any fiscal year may not exceed 15 percent of the 
        total number of such visas made available under such subsection 
        in that fiscal year.''.

SEC. 303. RETENTION OF PRIORITY DATE.

    Section 203(h)(3) (8 U.S.C. 1153(h)(3)) is amended to read as 
follows:
            ``(3) Retention of priority date.--If the age of an alien 
        is determined under paragraph (1) to be 21 years of age or 
        older for the purposes of subsections (a)(2)(A) and (d), and a 
        parent of the alien files a petition under section 204 for 
        classification of such alien based upon a relationship 
        described in subsection (a), the priority date for such 
        petition shall be the original priority date issued upon 
        receipt of the original family- or employment-based petition 
        for which either parent was a beneficiary.''.

SEC. 304. DISCRETIONARY AUTHORITY WITH RESPECT TO REMOVAL OR 
              DEPORTATION OF CITIZEN AND RESIDENT IMMEDIATE FAMILY 
              MEMBERS.

    Section 240(c)(4) (8 U.S.C. 1229a(c)(4)) is amended by adding at 
the end the following:
                    ``(D) Judicial discretion.--In the case of an alien 
                subject to removal, deportation, or exclusion, the 
                immigration judge may exercise discretion to decline to 
                order the alien removed, deported or excluded from the 
                United States if the judge determines that such 
                removal, deportation, or exclusion is against the 
                public interest or would result in hardship to the 
                alien's United States citizen or permanent resident 
                parent, spouse, or child except that this subparagraph 
                shall not apply to an alien whom the judge determines--
                            ``(i) is described in--
                                    ``(I) subparagraph (B), (C), 
                                (D)(ii), (E), (H), (I), or (J) of 
                                section 212(a)(2);
                                    ``(II) section 212(a)(3);
                                    ``(III) subparagraph (A), (C), or 
                                (D) of section 212(a)(10); or
                                    ``(IV) section 237(a)(4); or
                            ``(ii) has engaged in conduct described in 
                        paragraph (8) or (9) of section 103 of the 
                        Trafficking Victims Protection Act of 2000 (22 
                        U.S.C. 7102).''.

SEC. 305. MILITARY FAMILIES.

    (a) In General.--Section 245 (8 U.S.C. 1255) is amended by adding 
at the end the following:
    ``(n) Adjustment of Status for Immediate Family Members of Members 
of the Armed Forces.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        adjust the status of an alien described in paragraph (2) to 
        that of an alien lawfully admitted for permanent residence if 
        the alien--
                    ``(A) applies for such adjustment;
                    ``(B) is admissible to the United States as an 
                immigrant, except as provided in paragraph (4); and
                    ``(C) is physically present in the United States.
            ``(2) Aliens eligible for adjustment of status.--An alien 
        described in this paragraph is an alien--
                    ``(A) who is a parent, spouse, child, son, 
                daughter, or the legal guardian of a child of--
                            ``(i) a living Armed Forces member; or
                            ``(ii) a deceased Armed Forces member if--
                                    ``(I) the Armed Forces member died 
                                as a result of injury or disease 
                                incurred in, or aggravated by, the 
                                Armed Forces member's service; and
                                    ``(II) the alien applies for such 
                                adjustment--
                                            ``(aa) if the death of the 
                                        Armed Forces member occurred 
                                        before the date of the 
                                        enactment of the CIR Act of 
                                        2011, not later than 2 years 
                                        after such date of enactment; 
                                        or
                                            ``(bb) if the death of the 
                                        Armed Forces member occurred 
                                        after the date of the enactment 
                                        of the CIR Act of 2011, not 
                                        later than 2 years after the 
                                        death of the Armed Forces 
                                        member; or
                    ``(B) who is the spouse, child, son, or daughter of 
                an alien described in subparagraph (A).
            ``(3) Armed forces member defined.--In this subsection, the 
        term `Armed Forces member' means an individual who--
                    ``(A) is, or was at the time of the individual's 
                death described in paragraph (2)(A)(ii)(I), a national 
                of the United States or lawfully admitted for permanent 
                residence;
                    ``(B) on or after October 7, 2001, served as a 
                member of--
                            ``(i) the Armed Forces on active duty;
                            ``(ii) the National Guard; or
                            ``(iii) the Selected Reserve of the Ready 
                        Reserve; and
                    ``(C) if separated from the service described in 
                subparagraph (B), was separated under honorable 
                conditions.
            ``(4) Inapplicability of certain grounds of 
        inadmissibility.--
                    ``(A) In general.--The provisions of paragraphs 
                (4), (5), (6)(A), (7)(A), and (9)(B) of section 212(a) 
                shall not apply to an adjustment of status made 
                pursuant to this subsection.
                    ``(B) Waiver.--The Secretary of Homeland Security 
                or the Attorney General, as appropriate, may waive any 
                other provision of section 212(a) (other than paragraph 
                (2)(C) and subparagraphs (A), (B), (C), (E), and (F) of 
                paragraph (3)) with respect to an adjustment of status 
                made pursuant to this subsection--
                            ``(i) for humanitarian purposes;
                            ``(ii) to assure family unity; or
                            ``(iii) if such waiver is otherwise in the 
                        public interest.
            ``(5) Fee authority.--The Secretary of Homeland Security or 
        the Secretary of State, as appropriate, may establish a fee 
        pursuant to section 9701 of title 31, United States Code, for 
        the processing of an application for an adjustment of status 
        made pursuant to this subsection.
            ``(6) Jurisdiction.--
                    ``(A) Secretary of homeland security.--Except as 
                provide in subparagraph (B), the Secretary of Homeland 
                Security shall have exclusive jurisdiction to determine 
                eligibility for an adjustment of status made pursuant 
                to this subsection.
                    ``(B) Attorney general.--Notwithstanding paragraph 
                (1) or subparagraph (A), in cases in which an alien has 
                been placed into deportation, exclusion, or removal 
                proceedings, either before or after filing an 
                application for an adjustment of status under this 
                subsection, the Attorney General shall have exclusive 
                jurisdiction and shall assume all the powers and duties 
                of the Secretary of Homeland Security until proceedings 
                are terminated, or if a final order of deportation, 
                exclusion, or removal is entered.''.
    (b) Exemption From Direct Numerical Limitations.--Section 201(b)(1) 
(8 U.S.C. 1151(b)(1)), as amended by is amended section 301(c), is 
further amended by adding at the end the following:
            ``(K) Aliens provided permanent residence status under 
        section 245(n).''.

SEC. 306. EQUAL TREATMENT FOR ALL STEPCHILDREN.

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

SEC. 307. WIDOWS, WIDOWERS, AND ORPHANS.

    (a) Protection for Certain Surviving Relatives.--Section 204(l)(1) 
(8 U.S.C. 1154(l)(1) is amended by adding at the end the following: 
``An alien is not required to reside in the United States to qualify to 
have his or her petition or application adjudicated under this 
paragraph if the alien is described in subparagraph (A), (B), or (C) of 
paragraph (2) and his or her priority date was current at the time of 
the qualifying relative's death or is described in subparagraph (D), 
(E), or (F) of paragraph (2).''
            ``(1) In general.--An alien described in paragraph (2) who 
        resided in the United States at the time of the death of the 
        qualifying relative and who continues to reside in the United 
        States''.
    (b) Continued Waiver Eligibility for Widows, Widowers, and 
Orphans.--Section 212(a)(1)(B) (8 U.S.C. 1182(a)(1)(B)) is amended to 
read as follows:
                    ``(B) Waiver for widows, widowers, and orphans.--An 
                alien who would have been statutorily eligible for a 
                waiver of inadmissibility under this Act, if his or her 
                qualifying relative had not died, may be considered for 
                any waiver under this Act notwithstanding such death, 
                which shall constitute the functional equivalent of 
                extreme hardship to the qualifying relative.''.
    (c) Naturalization of Surviving Relatives.--Section 319(a) (8 
U.S.C. 1430(a)) is amended by inserting ``(or, if the spouse is 
deceased, the spouse was a citizen of the United States)'' after 
``citizen of the United States''.

SEC. 308. FIANCE CHILD STATUS PROTECTION.

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

SEC. 309. SPECIAL HUMANITARIAN VISAS.

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

SEC. 310. EXEMPTION FROM IMMIGRANT VISA LIMIT FOR CERTAIN VETERANS FROM 
              THE PHILIPPINES.

    Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by this 
subtitle, is further amended by adding at the end the following:
            ``(L) Aliens who are eligible for an immigrant visa under 
        paragraph (1) or (3) of section 203(a) and have a parent 
        (regardless of whether the parent is living or dead) who was 
        naturalized pursuant to section 405 of the Immigration Act of 
        1990 (8 U.S.C. 1440 note) or title III of the Act of October 
        14, 1940 (8 U.S.C. 501 et seq.), as in effect between March 27, 
        1942 and December 24, 1952.''.

SEC. 311. AFFIDAVIT OF SUPPORT.

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

SEC. 312. RETAINING WORKERS SUBJECT TO GREEN CARD BACKLOG.

    (a) Adjustment of Status.--
            (1) In general.--Section 245 (8 U.S.C. 1255), as amended by 
        section 305, is further amended by adding at the end the 
        following:
    ``(o) Adjustment of Status for Employment-based Immigrants.--
            ``(1) Eligibility.--The Secretary of Homeland Security 
        shall promulgate regulations to provide for the filing of an 
        application for adjustment of status by an alien (and any 
        eligible dependents of such alien), regardless of whether an 
        immigrant visa is immediately available at the time the 
        application is filed, if the alien--
                    ``(A) has an approved petition under subparagraph 
                (E) or (F) of section 204(a)(1); or
                    ``(B) at the discretion of the Secretary, has a 
                pending petition under subparagraph (E) or (F) of 
                section 204(a)(1).
            ``(2) Visa availability.--An application filed pursuant to 
        paragraph (1) may not be approved until an immigrant visa 
        becomes available.
            ``(3) Fees.--If an application is filed pursuant to 
        paragraph (1), the beneficiary of such application shall pay a 
        supplemental fee of $500. Such fee may not be charged to any 
        dependent accompanying or following to join such beneficiary.
            ``(4) Extension of employment authorization and advanced 
        parole document.--
                    ``(A) In general.--The Secretary of Homeland 
                Security shall provide employment authorization and 
                advanced parole documents, in 3-year increments, to 
                beneficiaries of an application for adjustment of 
                status based on a petition that is filed or, at the 
                discretion of the Secretary, pending, under 
                subparagraph (E) or (F) of section 204(a)(1).
                    ``(B) Fee adjustments.--Application fees under this 
                subsection may be adjusted in accordance with the 3-
                year period of validity assigned to the employment 
                authorization or advanced parole documents under 
                subparagraph (A).''.
    (b) Use of Fees.--Section 286 (8 U.S.C. 1356) is amended--
            (1) in subsection (m)--
                    (A) by striking ``Notwithstanding any other 
                provisions of law,'' and inserting the following:
    ``(c) Immigration Examinations Fee Account.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, all fees collected under section 245(o)(3) and'';
                    (B) by striking ``: Provided, however, That all'' 
                and inserting the following:
            ``(2) Virgin islands; guam.--All''; and
                    (C) by striking ``: Provided further, That fees'' 
                and inserting the following:
            ``(3) Cost recovery.--Fees''.
            (2) in subsection (n)--
                    (A) by striking ``(n) All deposits'' and inserting 
                the following:
            ``(4) Use of funds.--
                    ``(A) In general.--Except as provided under 
                subparagraph (B), all deposits''; and
                    (B) adding at the end the following:
                    ``(C) Supplemental fee for adjustment of status of 
                employment-based immigrants.--Any amounts deposited 
                into the Immigration Examinations Fee Account that were 
                collected under section 245(o)(3) shall remain 
                available until expended by the Secretary of Homeland 
                Security for backlog reduction and clearing security 
                background check delays.'';
            (3) in subsection (o), by striking ``(o) The Attorney 
        General'' and inserting the following:
            ``(5) Annual financial report to congress.--The Attorney 
        General''; and
            (4) in subsection (p), by striking ``(p) The provisions set 
        forth in subsections (m), (n), and (o) of this section'' and 
        inserting the following:
            ``(6) Applicability.--The provisions set forth in this 
        subsection shall''.

                CHAPTER 2--UNITING AMERICAN FAMILIES ACT

SEC. 315. SHORT TITLE.

    This chapter may be cited as the ``Uniting American Families Act of 
2011''.

SEC. 316. DEFINITIONS OF PERMANENT PARTNER AND PERMANENT PARTNERSHIP.

    Section 101(a) (8 U.S.C. 1101(a)) is amended--
            (1) in paragraph (15)(K)(ii), by inserting ``or permanent 
        partnership'' after ``marriage''; and
            (2) by adding at the end the following:
            ``(52) The term `permanent partner' means an individual 18 
        years of age or older who--
                    ``(A) is in a committed, intimate relationship with 
                another individual 18 years of age or older in which 
                both individuals intend a lifelong commitment;
                    ``(B) is financially interdependent with that other 
                individual;
                    ``(C) is not married to, or in a permanent 
                partnership with, any individual other than that other 
                individual;
                    ``(D) is unable to contract with that other 
                individual a marriage cognizable under this Act; and
                    ``(E) is not a first, second, or third degree blood 
                relation of that other individual.
            ``(53) The term `permanent partnership' means the 
        relationship that exists between 2 permanent partners.''.

SEC. 317. IMMIGRANT VISAS.

    (a) Worldwide Level of Immigration.--Section 201(b)(2)(A) (8 U.S.C. 
1151(b)(2)(A)), as amended by section 302, is further amended--
            (1) by striking ``spouse'' each place it appears and 
        inserting ``spouse or permanent partner'';
            (2) by inserting ``(or, in the case of a permanent 
        partnership, whose permanent partnership was not terminated)'' 
        after ``was not legally separated from the citizen''; and
            (3) by striking ``remarries.'' and inserting ``remarries or 
        enters a permanent partnership with another person.''.
    (b) Numerical Limitations on Individual Foreign States.--
            (1) Per country levels.--Section 202(a)(4) (8 U.S.C. 
        1152(a)(4)) is amended--
                    (A) in the paragraph heading, by inserting ``, 
                permanent partners,'' after ``spouses'';
                    (B) in the heading of subparagraph (A), by 
                inserting ``, permanent partners,'' after ``Spouses''; 
                and
                    (C) in the heading of subparagraph (C), by striking 
                ``and daughters'' inserting ``without permanent 
                partners and unmarried daughters without permanent 
                partners''.
            (2) Rules for chargeability.--Section 202(b)(2) (8 U.S.C. 
        1152(b)(2)) is amended--
                    (A) by striking ``his spouse'' and inserting ``his 
                or her spouse or permanent partner'';
                    (B) by striking ``such spouse'' each place it 
                appears and inserting ``such spouse or permanent 
                partner''; and
                    (C) by inserting ``or permanent partners'' after 
                ``husband and wife''.
    (c) Allocation.--
            (1) Preference allocation for family members of permanent 
        resident aliens.--Section 203(a)(2) (8 U.S.C. 1153(a)(2)) is 
        amended--
                    (A) by striking the paragraph heading and inserting 
                the following:
                    ``(B) Spouses, permanent partners, unmarried sons 
                without permanent partners, and unmarried daughters 
                without permanent partners of permanent resident 
                aliens.--'';
                    (B) in subparagraph (A), by inserting ``, permanent 
                partners,'' after ``spouses''; and
                    (C) in subparagraph (B), by striking ``or unmarried 
                daughters'' and inserting ``without permanent partners 
                or the unmarried daughters without permanent 
                partners''.
            (2) Preference allocation for sons and daughters of 
        citizens.--Section 203(a)(3) (8 U.S.C. 1153(a)(3)) is amended--
                    (A) by striking the paragraph heading and inserting 
                the following:
            ``(2) Married sons and daughters of citizens and sons and 
        daughters with permanent partners of citizens.--''; and
                    (B) by inserting ``, or sons or daughters with 
                permanent partners,'' after ``daughters''.
            (3) Employment creation.--Section 203(b)(5)(A)(ii) (8 
        U.S.C. 1153(b)(5)(A)(ii)) is amended by inserting ``permanent 
        partner,'' after ``spouse,''.
            (4) Treatment of family members.--Section 203(d) (8 U.S.C. 
        1153(d)) is amended--
                    (A) by inserting ``or permanent partner'' after 
                ``section 101(b)(1)''; and
                    (B) by inserting ``, permanent partner,'' after 
                ``the spouse''.
    (d) Procedures.--
            (1) Classification petitions.--Section 204(a)(1) (8 U.S.C. 
        1154(a)(1)) is amended--
                    (A) in subparagraph (A)--
                            (i) in clause (ii), by inserting ``or 
                        permanent partner'' after ``spouse'';
                            (ii) in clause (iii)--
                                    (I) by inserting ``or permanent 
                                partner'' after ``spouse'' each place 
                                it appears; and
                                    (II) in subclause (I), by inserting 
                                ``or permanent partnership'' after 
                                ``marriage'' each place it appears;
                            (iii) in clause (v)(I), by inserting 
                        ``permanent partner,'' after ``is the 
                        spouse,''; and
                            (iv) in clause (vi)--
                                    (I) by inserting ``or termination 
                                of the permanent partnership'' after 
                                ``divorce''; and
                                    (II) by inserting ``, permanent 
                                partner,'' after ``spouse''; and
                    (B) in subparagraph (B)--
                            (i) by inserting ``or permanent partner'' 
                        after ``spouse'' each place it appears; and
                            (ii) in clause (ii)--
                                    (I) in subclause (I)(aa), by 
                                inserting ``or permanent partnership'' 
                                after ``marriage'';
                                    (II) in subclause (I)(bb), by 
                                inserting ``or permanent partnership'' 
                                after ``marriage'' the first place it 
                                appears; and
                                    (III) in subclause (II)(aa), by 
                                inserting ``(or the termination of the 
                                permanent partnership)'' after 
                                ``termination of the marriage''.
            (2) Immigration fraud prevention.--Section 204(c) (8 U.S.C. 
        1154(c)) is amended--
                    (A) by inserting ``or permanent partner'' after 
                ``spouse'' each place it appears; and
                    (B) by inserting ``or permanent partnership'' after 
                ``marriage'' each place it appears.

SEC. 318. REFUGEES AND ASYLEES.

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

SEC. 319. INADMISSIBLE ALIENS.

    (a) Classes of Aliens Ineligible for Visas or Admission.--Section 
212(a) (8 U.S.C. 1182(a)) is amended--
            (1) in paragraph (3)(D)(iv), by inserting ``permanent 
        partner,'' after ``spouse,'';
            (2) in paragraph (4)(C)(i)(I), by inserting ``, permanent 
        partner,'' after ``spouse'';
            (3) in paragraph (6)(E)(ii), by inserting ``permanent 
        partner,'' after ``spouse,''; and
            (4) in paragraph (9)(B)(v), by inserting ``, permanent 
        partner,'' after ``spouse''.
    (b) Waivers.--Section 212(d) (8 U.S.C. 1182(d)) is amended--
            (1) in paragraph (11), by inserting ``permanent partner,'' 
        after ``spouse,''; and
            (2) in paragraph (12), by inserting ``, permanent 
        partner,'' after ``spouse''.
    (c) Waivers of Inadmissibility on Health-Related Grounds.--Section 
212(g)(1)(A) (8 U.S.C. 1182(g)(1)(A)) is amended by inserting ``, 
permanent partner,'' after ``spouse''.
    (d) Waivers of Inadmissibility on Criminal and Related Grounds.--
Section 212(h)(1)(B) (8 U.S.C. 1182(h)(1)(B)) is amended by inserting 
``permanent partner,'' after ``spouse,''.
    (e) Waiver of Inadmissibility for Misrepresentation.--Section 
212(i)(1) (8 U.S.C. 1182(i)(1)) is amended by inserting ``permanent 
partner,'' after ``spouse,''.

SEC. 320. NONIMMIGRANT STATUS FOR PERMANENT PARTNERS AWAITING THE 
              AVAILABILITY OF AN IMMIGRANT VISA.

    Section 214(r) (8 U.S.C. 1184(r)) is amended--
            (1) in paragraph (1), by inserting ``or permanent partner'' 
        after ``spouse''; and
            (2) in paragraph (2), by inserting ``or permanent 
        partnership'' after ``marriage'' each place it appears.

SEC. 321. CONDITIONAL PERMANENT RESIDENT STATUS.

    (a) Certain Alien Spouses, Permanent Partners, and Sons and 
Daughters.--
            (1) Section heading.--
                    (A) In general.--The heading for section 216 (8 
                U.S.C. 1186a) is amended by striking ``and sons'' and 
                inserting ``, permanent partners, sons,''.
                    (B) Clerical amendment.--The table of contents is 
                amended by amending the item relating to section 216 to 
                read as follows:

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

``Sec. 216A. Conditional permanent resident status for certain alien 
                            entrepreneurs, spouses, permanent partners, 
                            and children.''.

SEC. 322. DEPORTATION AND REMOVAL.

    (a) Deportable Aliens.--Section 237(a)(1) (8 U.S.C. 1227(a)(1)) is 
amended--
            (1) in subparagraph (D)(i), by inserting ``or permanent 
        partners'' after ``spouses'' each place it appears;
            (2) in subparagraphs (E)(ii), (E)(iii), and (H)(i)(I), by 
        inserting ``or permanent partner'' after ``spouse'';
            (3) by inserting after subparagraph (E) the following:
                    ``(F) Permanent partnership fraud.--An alien shall 
                be considered to be deportable as having procured a 
                visa or other documentation by fraud (within the 
                meaning of section 212(a)(6)(C)(i)) and to be in the 
                United States in violation of this Act (within the 
                meaning of subparagraph (B)) if--
                            ``(i) the alien obtains any admission to 
                        the United States with an immigrant visa or 
                        other documentation procured on the basis of a 
                        permanent partnership entered into less than 2 
                        years before such admission and which, within 2 
                        years subsequent to such admission, is 
                        terminated because the criteria for permanent 
                        partnership are no longer fulfilled, unless the 
                        alien establishes to the satisfaction of the 
                        Secretary of Homeland Security that such 
                        permanent partnership was not contracted for 
                        the purpose of evading any provision of the 
                        immigration laws; or
                            ``(ii) it appears to the satisfaction of 
                        the Secretary of Homeland Security that the 
                        alien has failed or refused to fulfill the 
                        alien's permanent partnership, which the 
                        Secretary of Homeland Security determines was 
                        made for the purpose of procuring the alien's 
                        admission as an immigrant.''; and
            (4) in paragraphs (2)(E)(i) and (3)(C)(ii), by inserting 
        ``or permanent partner'' after ``spouse'' each place it 
        appears.
    (b) Removal Proceedings.--Section 240 (8 U.S.C. 1229a) is amended--
            (1) in the heading of subsection (c)(7)(C)(iv), by 
        inserting ``permanent partners,'' after ``spouses,''; and
            (2) in subsection (e)(1), by inserting ``permanent 
        partner,'' after ``spouse,''.
    (c) Cancellation of Removal.--Section 240A(b) (8 U.S.C. 1229b(b)) 
is amended--
            (1) in paragraph (1)(D), by inserting ``or permanent 
        partner'' after ``spouse''; and
            (2) in paragraph (2)--
                    (A) in the paragraph heading, by inserting ``, 
                permanent partner,'' after ``spouse''; and
                    (B) in subparagraph (A), by inserting ``, permanent 
                partner,'' after ``spouse'' each place it appears.

SEC. 323. ADJUSTMENT OF STATUS; CRIMINAL PENALTIES; OTHER REQUIREMENTS.

    (a) Adjustment of Status of Nonimmigrant to That of Person Admitted 
for Permanent Residence.--
            (1) Prohibition on adjustment of status.--Section 245(d) (8 
        U.S.C. 1255(d)) is amended by inserting ``or permanent 
        partnership'' after ``marriage''.
            (2) Avoiding immigration fraud.--Section 245(e) (8 U.S.C. 
        1255(e)) is amended--
                    (A) in paragraph (1), by inserting ``or permanent 
                partnership'' after ``marriage''; and
                    (B) by adding at the end the following:
    ``(4)(A) Paragraph (1) and section 204(g) shall not apply with 
respect to a permanent partnership if the alien establishes by clear 
and convincing evidence to the satisfaction of the Secretary of 
Homeland Security that--
            ``(i) the permanent partnership was entered into in good 
        faith and in accordance with section 101(a)(52);
            ``(ii) the permanent partnership was not entered into for 
        the purpose of procuring the alien's admission as an immigrant; 
        and
            ``(iii) no fee or other consideration was given (other than 
        a fee or other consideration to an attorney for assistance in 
        preparation of a lawful petition) for the filing of a petition 
        under section 204(a) or 214(d) with respect to the alien 
        permanent partner.
    ``(B) The Secretary shall promulgate regulations that provide for 
only 1 level of administrative appellate review for each alien under 
subparagraph (A).''.
            (3) Adjustment of status for certain aliens paying fee.--
        Section 245(i)(1)(B) (8 U.S.C. 1255(i)(1)(B)) is amended by 
        inserting ``, permanent partner,'' after ``spouse''.
    (b) Application of Criminal Penalties to for Misrepresentation and 
Concealment of Facts Regarding Permanent Partnerships.--Section 275(c) 
(8 U.S.C. 1325(c)) is amended to read as follows:
    ``(c) Any individual who knowingly enters into a marriage or 
permanent partnership for the purpose of evading any provision of the 
immigration laws shall be imprisoned for not more than 5 years, fined 
not more than $250,000, or both.''.
    (c) Requirements as to Residence, Good Moral Character, Attachment 
to the Principles of the Constitution.--Section 316(b) (8 U.S.C. 
1427(b)) is amended by inserting ``, permanent partner,'' after 
``spouse''.

SEC. 324. NATURALIZATION FOR PERMANENT PARTNERS OF CITIZENS.

    (a) In General.--Section 319 (8 U.S.C. 1430) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``or permanent partner'' after 
                ``spouse'' each place it appears; and
                    (B) by inserting ``or permanent partnership'' after 
                ``marital union'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by inserting ``or permanent 
                partner'' after ``spouse''; and
                    (B) in paragraph (3), by inserting ``or permanent 
                partner'' after ``spouse'';
            (3) in subsection (d)--
                    (A) by inserting ``or permanent partner'' after 
                ``spouse'' each place it appears; and
                    (B) by inserting ``or permanent partnership'' after 
                ``marital union'';
            (4) in subsection (e)(1)--
                    (A) by inserting ``or permanent partner'' after 
                ``spouse'';
                    (B) by inserting ``by the Secretary of Defense'' 
                after ``is authorized''; and
                    (C) by inserting ``or permanent partnership'' after 
                ``marital union''; and
            (5) in subsection (e)(2), by inserting ``or permanent 
        partner'' after ``spouse''.
    (b) Savings Provision.--Section 319(e) (8 U.S.C. 1430(e)) is 
amended by adding at the end the following:
    ``(3) Nothing in this subsection may be construed to confer a right 
for an alien to accompany a member of the Armed Forces of the United 
States or to reside abroad with such member, except as authorized by 
the Secretary of Defense in the member's official orders.''.

SEC. 325. APPLICATION OF FAMILY UNITY PROVISIONS TO OTHER LAWS.

    (a) Application of Family Unity Provisions to Permanent Partners of 
Certain LIFE Act Beneficiaries.--Section 1504 of the LIFE Act 
Amendments of 2000 (division B of Public Law 106-554; 114 Stat. 2763-
325) is amended--
            (1) in the heading, by inserting ``, permanent partners,'' 
        after ``spouses'';
            (2) in subsection (a), by inserting ``, permanent 
        partner,'' after ``spouse''; and
            (3) in each of subsections (b) and (c)--
                    (A) in each of the subsection headings, by 
                inserting ``, Permanent Partners,'' after ``Spouses''; 
                and
                    (B) by inserting ``, permanent partner,'' after 
                ``spouse'' each place it appears.
    (b) Application to Cuban Adjustment Act.--
            (1) In general.--The first section of Public Law 89-732 (8 
        U.S.C. 1255 note) is amended--
                    (A) in the next to last sentence, by inserting ``, 
                permanent partner,'' after ``spouse'' the first 2 
                places it appears; and
                    (B) in the last sentence, by inserting ``, 
                permanent partners,'' after ``spouses''.
            (2) Conforming amendment.--Section 101(a)(51)(D) (8 U.S.C. 
        1101(a)(51)(D)) is amended by striking ``or spouse'' and 
        inserting ``, spouse, or permanent partner''.

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

               Subchapter A--EB-5 Program Reauthorization

SEC. 326. PERMANENT REAUTHORIZATION OF EB-5 REGIONAL CENTER PROGRAM.

    (a) Short Title.--This section may be cited as the ``Creating 
American Jobs Through Foreign Capital Investment Act''.
    (b) Permanent Reauthorization.--Section 610 of the Departments of 
Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 1993 (8 U.S.C. 1153 note) is amended--
            (1) by striking ``pilot'' each place such term appears; and
            (2) in subsection (b), by striking ``until September 30, 
        2012''.

        Subchapter B--Adjustments to Other Select Visa Programs

SEC. 331. ELIMINATION OF SUNSET PROVISIONS.

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

SEC. 332. PERMANENT AUTHORIZATION OF THE NONIMMIGRANT NURSES IN HEALTH 
              PROFESSIONAL SHORTAGE AREAS PROGRAM.

    (a) In General.--Section 2(e) of the Nursing Relief for 
Disadvantaged Areas Act of 1999 (8 U.S.C. 1182 note) is amended to read 
as follows:
    ``(e) Application of Nonimmigrant Changes.--The amendments made by 
this section shall apply to classification petitions filed for 
nonimmigrant status only--
            ``(1) during the period--
                    ``(A) beginning on the date that interim or final 
                regulations are first promulgated under subsection (d); 
                and
                    ``(B) ending on the date that is 3 years after the 
                date of the enactment of the Nursing Relief for 
                Disadvantaged Areas Reauthorization Act of 2005; and
            ``(2) during the period beginning on the date of the 
        enactment of the CIR Act of 2011.''.
    (b) Inapplicability of Certain Regulatory Requirements.--The 
requirements under chapter 5 of title 5, United States Code (commonly 
referred to as the ``Administrative Procedure Act'') or any other law 
relating to rulemaking, information collection or publication in the 
Federal Register, shall not apply to any action to implement the 
amendment made by subsection (a) to the extent the Secretary, the 
Secretary of Labor, or the Secretary of Health and Human Services 
determines that compliance with any such requirement would impede the 
expeditious implementation of such amendment.

SEC. 333. INCENTIVES FOR PHYSICIANS TO PRACTICE IN MEDICALLY 
              UNDERSERVED COMMUNITIES.

    Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) 
is amended--
            (1) in subsection (g), by adding at the end the following:
    ``(12) An alien physician described in section 212(j)(2)(B) who 
entered the United States as a nonimmigrant described in section 
101(a)(15)(H)(i)(b) to pursue graduate medical education or training 
shall not be subject to the limitations described in paragraphs (1) and 
(4). The period of authorized admission of such alien as an H-1B 
nonimmigrant may not extend beyond the 6-year period beginning on the 
date on which the alien receives the exemption described in 
subparagraph (A), other than extensions authorized under section 104 
and 106 of the American Competitiveness in the Twenty-First Century Act 
of 2000 (Public Law 106-313) if--
            ``(A) an interested State agency submits a request for an 
        exemption under section 214(l)(1)(B), but not 1 of the 10 
        waivers or exemptions described in subsection (l)(1)(D)(ii); 
        and
            ``(B) the Secretary of State recommends that the alien be 
        exempted from such limitations.''; and
            (2) in subsection (l)--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``the Attorney General shall 
                        not grant such waiver unless'' and inserting 
                        ``or for an exemption from the limitations 
                        described in paragraphs (1) and (4) of 
                        subsection (g) on behalf of an alien described 
                        in subsection (g)(12), the Secretary shall not 
                        grant such waiver or exemption unless'';
                            (ii) in subparagraph (A), by inserting ``or 
                        exemption'' before the semicolon at the end;
                            (iii) in subparagraph (B), by striking 
                        ``would not cause the number of waivers 
                        allotted for that State for that fiscal year to 
                        exceed 30'' and inserting ``or exemption would 
                        not cause the total number of waivers plus the 
                        total number of exemptions allotted for that 
                        State for that fiscal year to exceed 30, unless 
                        such allotment is increased pursuant to 
                        paragraph (4)'';
                            (iv) in subparagraph (C)--
                                    (I) in clause (ii), by striking 
                                ``within 90 days'' and all that follows 
                                and inserting the following: "not later 
                                than the latest of--
                                    ``(II) 90 days after receiving such 
                                waiver or exemption;
                                    ``(III) 90 days after completing 
                                graduate medical education or training 
                                in a program approved under section 
                                212(j)(1); or
                                    ``(IV) 90 days after receiving 
                                nonimmigrant status or employment 
                                authorization;
                            ``(iii) the alien agrees to continue to 
                        work for a total of not less than 3 years while 
                        authorized to work in the United States under 
                        this Act, absent extenuating circumstances, 
                        including--
                                    ``(I) the original interested 
                                Federal or State agency that requested 
                                the waiver or exemption attests that 
                                extenuating circumstances exist;
                                    ``(II) the contracting health 
                                facility or health care organization 
                                attests that the alien's employment is 
                                being terminated through no fault of 
                                the alien;
                                    ``(III) the contracting health 
                                facility or health care organization 
                                commits a material breach of contract, 
                                including the failure to pay the salary 
                                or rate of pay, the failure to provide 
                                vacation or other paid leave, or 
                                requiring the alien to work excess 
                                hours in violation of an employment 
                                agreement;
                                    ``(IV) the contracting health 
                                facility or health care organization 
                                is--
                                            ``(aa) violating the rules 
                                        of the Federal agency or State 
                                        agency that requested the 
                                        waiver or exemption; or
                                            ``(bb) otherwise violating 
                                        any applicable Federal or State 
                                        law;
                                    ``(V) the closure or anticipated 
                                closure of the contracting health 
                                facility or health care organization, 
                                the termination of the service contract 
                                between the contracting health care 
                                organization and the health facility 
                                worksite for the alien, or the 
                                anticipated inability of the 
                                contracting health facility or health 
                                care organization to pay the offered 
                                rate of pay to the alien;
                                    ``(VI) the failure of the 
                                contracting health facility or health 
                                care organization to support the 
                                credentialing of the alien in order for 
                                the alien to be able to begin 
                                employment on the date on which the 
                                alien's employment authorization 
                                begins;
                                    ``(VII) the alien, or a spouse or 
                                child of the alien, experiences 
                                unforeseen health problems that require 
                                treatment outside of the approved 
                                geographic area;
                                    ``(VIII) in the case of employment 
                                by an individual physician, the license 
                                of the employing physician is suspended 
                                or revoked;
                                    ``(IX) the contracting health 
                                facility or health care organization 
                                fails to agree to sponsor the alien for 
                                an extension of the alien's status 
                                under section 101(a)(15)(H)(i)(b) in a 
                                timely manner; or
                                    ``(X) the contracting health 
                                facility or health care organization 
                                engages in practices that endanger the 
                                health of patients;
                            ``(iv) contracting health facilities and 
                        health care organizations enter into an 
                        employment agreement with the alien that--
                                    ``(I) specifies the maximum number 
                                of on-call hours per week that the 
                                alien will be expected to be available 
                                and the compensation the alien will 
                                receive for on-call time;
                                    ``(II) specifies whether the 
                                contracting health facility or health 
                                care organization will pay for the 
                                alien's malpractice insurance premiums;
                                    ``(III) specifies whether the 
                                employer will provide malpractice tail 
                                insurance and the amount of such 
                                insurance;
                                    ``(IV) describes all of the work 
                                locations at which the alien will work;
                                    ``(V) states that the contracting 
                                health facility or health care 
                                organization will not add additional 
                                work locations without the approval or 
                                the Federal agency or State agency that 
                                requested the waiver or exemption; and
                                    ``(VI) does not include liquidated 
                                damages provisions; and
                            ``(v) the alien whose employment terminates 
                        during the 3-year service period is given 120 
                        days to submit an application or petition to 
                        commence employment with another contracting 
                        health facility or health care organization and 
                        is considered to be maintaining lawful status 
                        in an authorized stay during that period; 
                        and''; and
                            (v) in subparagraph (D)--
                                    (I) in clause (ii), by striking 
                                ``would not cause the number of the 
                                waivers'' and inserting ``or exemption 
                                would not cause the total number of 
                                waivers and exemptions''; and
                                    (II) in clause (iii), by inserting 
                                ``or exemption'' after ``waiver'';
                    (B) in paragraph (2)(A), by inserting ``described 
                in 212(e)(iii)'' after ``status of an alien''; and
                    (C) by adding at the end the following:
    ``(4)(A) If at least 90 percent of the total number of waivers and 
exemptions allotted in a fiscal year under paragraph (1)(B) to States 
that were granted not fewer than 5 such waivers or exemptions, in the 
aggregate, during any 1 of the 3 previous fiscal years are granted, on 
a nationwide basis, in such fiscal year, the allotment of such waivers 
and exemptions in the next fiscal year shall be increased from 30 to 35 
for each State. Such allotments shall be further increased by 5 each 
time such 90 percent threshold of the adjusted allotment level is 
reached, on a nationwide basis.
    ``(B) Any increase in allotments under subparagraph (A) shall be 
maintained indefinitely in future fiscal years, unless the total number 
of waivers and exemptions granted in a fiscal year is 10 percent lower 
than in most recent fiscal year in which there was an increase in the 
number of waivers and exemptions allotted pursuant to this paragraph. 
In such circumstances--
            ``(i) the number of waivers and exemptions allotted shall 
        be decreased by 5 per State beginning in the next fiscal year; 
        and
            ``(ii) each additional 10 percent decrease in such waivers 
        and exemptions compared with the most recent fiscal year in 
        which there was an increase in the allotment shall decrease by 
        5 the allotment of waivers and exemptions per State, which 
        shall not be lower 30.''.

SEC. 334. RETAINING PHYSICIANS IN MEDICALLY UNDERSERVED COMMUNITIES.

    Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by this 
subtitle, is further amended by adding at the end the following:
                    ``(M) Aliens who have completed service 
                requirements of a waiver or exemption requested under 
                section 214(l), including aliens who completed such 
                service before the date of the enactment of this 
                subparagraph.''.

SEC. 335. TEMPORARY VISAS FOR INDIVIDUALS FROM IRELAND.

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

            CHAPTER 4--MISCELLANEOUS EMPLOYMENT VISA REFORMS

SEC. 336. PROVIDING PREMIUM PROCESSING OF EMPLOYMENT-BASED VISA 
              PETITIONS.

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

SEC. 337. VISA REVALIDATION.

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

SEC. 338. APPLICATION FEES FOR INTENDING IMMIGRANTS.

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

SEC. 339. EMPLOYMENT OF SPOUSES.

    Section 214(c)(2)(E) (8 U.S.C. 1184(c)(2)(E)) is amended by 
striking ``section 101(a)(15)(L)'' and inserting ``subparagraph (H) or 
(L) of section 101(a)(15)''.

SEC. 340. TIME LIMITS FOR NONIMMIGRANTS TO DEPART THE UNITED STATES.

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

                          CHAPTER 5--POWER ACT

SEC. 341. SHORT TITLES.

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

SEC. 342. VICTIMS OF SERIOUS LABOR AND EMPLOYMENT VIOLATIONS OR CRIME.

    (a) Protection for Victims of Labor and Employment Violations.--
Section 101(a)(15)(U) (8 U.S.C. 1101(a)(15)(U)) is amended--
            (1) in clause (i)--
                    (A) by amending subclause (I) to read as follows:
                            ``(I) the alien--
                                    ``(aa) has suffered substantial 
                                abuse or harm as a result of having 
                                been a victim of criminal activity 
                                described in clause (iii);
                                    ``(bb) has suffered substantial 
                                abuse or harm related to a violation 
                                described in clause (iv);
                                    ``(cc) is a victim of criminal 
                                activity described in clause (iii) and 
                                would suffer extreme hardship upon 
                                removal; or
                                    ``(dd) has suffered a violation 
                                described in clause (iv) and would 
                                suffer extreme hardship upon 
                                removal;'';
                    (B) in subclause (II), by inserting ``, or a labor 
                or employment violation resulting in a workplace claim 
                described in clause (iv)'' before the semicolon at the 
                end;
                    (C) in subclause (III)--
                            (i) by striking ``or State judge, to the 
                        Service'' and inserting ``, State, or local 
                        judge, to the Department of Homeland Security, 
                        to the Equal Employment Opportunity Commission, 
                        to the Department of Labor, to the National 
                        Labor Relations Board''; and
                            (ii) by inserting ``, or investigating, 
                        prosecuting, or seeking civil remedies for a 
                        labor or employment violation related to a 
                        workplace claim described in clause (iv)'' 
                        before the semicolon at the end; and
                    (D) in subclause (IV)--
                            (i) by inserting ``(aa)'' after ``(IV)''; 
                        and
                            (ii) by adding at the end the following: 
                        ``or
                            ``(bb) a workplace claim described in 
                        clause (iv) resulted from a labor or employment 
                        violation;'';
            (2) in clause (ii)(II), by striking ``and'' at the end;
            (3) by moving clause (iii) 2 ems to the left;
            (4) in clause (iii), by striking ``or'' at the end and 
        inserting ``and''; and
            (5) by adding at the end the following:
                    ``(iv) in the labor or employment violation related 
                to a workplace claim, the alien--
                            ``(I) has filed, is a material witness in, 
                        or is likely to be helpful in the investigation 
                        of, a bona fide workplace claim (as defined in 
                        section 274A(e)(10)(C)(iii)(II)); and
                            ``(II) reasonably fears, has been 
                        threatened with, or has been the victim of, an 
                        action involving force, physical restraint, 
                        retaliation, or abuse of the immigration or 
                        other legal process against the alien or 
                        another person by the employer in relation to 
                        acts underlying the workplace claim or related 
                        to the filing of the workplace claim; or''.
    (b) Temporary Protection for Victims of Crime, Labor, and 
Employment Violations.--Notwithstanding any other provision of law, the 
Secretary may permit an alien to temporarily remain in the United 
States and grant the alien employment authorization if the Secretary 
determines that the alien--
            (1) has filed for relief under section 101(a)(15)(U) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)); or
            (2)(A) has filed, or is a material witness to, a bona fide 
        workplace claim (as defined in section 274A(e)(10)(B)(iii)(II) 
        of such Act, as added by section 3(b)); and
            (B) has been helpful, is being helpful, or is likely to be 
        helpful to--
                    (i) a Federal, State, or local law enforcement 
                official;
                    (ii) a Federal, State, or local prosecutor;
                    (iii) a Federal, State, or local judge;
                    (iv) the Department of Homeland Security;
                    (v) the Equal Employment Opportunity Commission;
                    (vi) the Department of Labor;
                    (vii) the National Labor Relations Board; or
                    (viii) other Federal, State, or local authorities 
                investigating, prosecuting, or seeking civil remedies 
                related to the workplace claim.
    (c) Conforming Amendments.--Section 214(p) (8 U.S.C. 1184(p)) is 
amended--
            (1) in paragraph (1), by inserting ``or investigating, 
        prosecuting, or seeking civil remedies for workplace claims 
        described in section 101(a)(15)(U)(iv)'' after ``section 
        101(a)(15)(U)(iii)'' each place such term appears;
            (2) in paragraph (2)(A), by striking ``10,000'' and 
        inserting ``30,000''; and
            (3) in paragraph (6)--
                    (A) by inserting ``or workplace claims described in 
                section 101(a)(15)(U)(iv)'' after ``described in 
                section 101(a)(15)(U)(iii)''; and
                    (B) by inserting ``or workplace claim'' after 
                ``prosecution of such criminal activity''.
    (d) Adjustment of Status for Victims of Crimes.--Section 245(m)(1) 
(8 U.S.C. 1255(m)(1)) is amended by inserting ``or an investigation or 
prosecution regarding a workplace claim'' after ``prosecution''.
    (e) Change of Nonimmigrant Classification.--Section 384(a)(1) of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1367(a)(1)) is amended--
            (1) in subparagraph (E), by striking ``physical or mental 
        abuse and the criminal activity,'' and inserting ``abuse and 
        the criminal activity or workplace claim;'';
            (2) in subparagraph (F), by striking the comma at the end 
        and inserting ``; or''; and
            (3) by inserting after subparagraph (F) the following:
                    ``(G) the alien's employer,''.

SEC. 343. LABOR ENFORCEMENT ACTIONS.

    (a) Removal Proceedings.--Section 239(e) (8 U.S.C. 1229(e)) is 
amended--
            (1) in paragraph (1)--
                    (A) by striking ``In cases where'' and inserting 
                ``If''; and
                    (B) by inserting ``or as a result of information 
                provided to the Department of Homeland Security in 
                retaliation against individuals for exercising or 
                attempting to exercise their employment rights or other 
                legal rights'' after ``paragraph (2)''; and
            (2) in paragraph (2), by adding at the end the following:
                    ``(C) At a facility about which a workplace claim 
                has been filed or is contemporaneously filed.''.
    (b) Unlawful Employment of Aliens.--Section 274A(e) (8 U.S.C. 
1324a(e)) is amended by adding at the end the following:
            ``(10) Conduct in enforcement actions.--
                    ``(A) Enforcement action.--If the Department of 
                Homeland Security undertakes an enforcement action at a 
                facility about which a workplace claim has been filed 
                or is contemporaneously filed, or as a result of 
                information provided to the Department in retaliation 
                against employees for exercising their rights related 
                to a workplace claim, the Department shall ensure 
                that--
                            ``(i) any aliens arrested or detained who 
                        are necessary for the investigation or 
                        prosecution of workplace claim violations or 
                        criminal activity (as described in subparagraph 
                        (T) or (U) of section 101(a)(15)) are not 
                        removed from the United States until after the 
                        Department--
                                    ``(I) notifies the appropriate law 
                                enforcement agency with jurisdiction 
                                over such violations or criminal 
                                activity; and
                                    ``(II) provides such agency with 
                                the opportunity to interview such 
                                aliens; and
                            ``(ii) no aliens entitled to a stay of 
                        removal or abeyance of removal proceedings 
                        under this section are removed.
                    ``(B) Protections for victims of crime, labor, and 
                employment violations.--
                            ``(i) Stay of removal or abeyance of 
                        removal proceedings.--An alien against whom 
                        removal proceedings have been initiated under 
                        chapter 4 of title II, who has filed a 
                        workplace claim, who is a material witness in 
                        any pending or anticipated proceeding involving 
                        a bona fide workplace claim, or who has filed 
                        for relief under section 101(a)(15)(U), shall 
                        be entitled to a stay of removal or an abeyance 
                        of removal proceedings and to employment 
                        authorization until the resolution of the 
                        workplace claim or the denial of relief under 
                        section 101(a)(15)(U) after exhaustion of 
                        administrative appeals, whichever is later, 
                        unless the Department establishes, by a 
                        preponderance of the evidence in proceedings 
                        before the immigration judge presiding over 
                        that alien's removal hearing, that--
                                    ``(I) the alien has been convicted 
                                of a felony; or
                                    ``(II) the workplace claim was 
                                filed in a bad faith with the intent to 
                                delay or avoid the alien's removal.
                            ``(ii) Duration.--Any stay of removal or 
                        abeyance of removal proceedings and employment 
                        authorization issued pursuant to clause (i) 
                        shall remain valid until the resolution of the 
                        workplace claim or the denial of relief under 
                        section 101(a)(15)(U) after the exhaustion of 
                        administrative appeals, and shall be extended 
                        by the Secretary of Homeland Security for a 
                        period of not longer than 3 additional years 
                        upon determining that--
                                    ``(I) such relief would enable the 
                                alien asserting a workplace claim to 
                                pursue the claim to resolution;
                                    ``(II) the deterrent goals of any 
                                statute underlying a workplace claim 
                                would be served; or
                                    ``(III) such extension would 
                                otherwise further the interests of 
                                justice.
                            ``(iii) Definitions.--In this section:
                                    ``(I) Material witness.--
                                Notwithstanding any other provision of 
                                law, the term `material witness' means 
                                an individual who presents a 
                                declaration from an attorney 
                                investigating, prosecuting, or 
                                defending the workplace claim or from 
                                the presiding officer overseeing the 
                                workplace claim attesting that, to the 
                                best of the declarant's knowledge and 
                                belief, reasonable cause exists to 
                                believe that the testimony of the 
                                individual will be relevant to the 
                                outcome of the workplace claim.
                                    ``(II) Workplace claim.--The term 
                                `workplace claim' means any written or 
                                oral claim, charge, complaint, or 
                                grievance filed with, communicated to, 
                                or submitted to the employer, a 
                                Federal, State, or local agency or 
                                court, or an employee representative 
                                related to the violation of applicable 
                                Federal, State, and local labor laws, 
                                including laws concerning wages and 
                                hours, labor relations, family and 
                                medical leave, occupational health and 
                                safety, or nondiscrimination.''.

SEC. 344. AUTHORIZATION OF APPROPRIATIONS.

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

          Subtitle D--Immigrant Integration and Other Reforms

  PART I--STRENGTHEN AND UNITE COMMUNITIES WITH CIVICS EDUCATION AND 
                             ENGLISH SKILLS

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

SEC. 351. INCREASED INVESTMENT IN ENGLISH LITERACY, UNITED STATES 
              HISTORY, AND CIVICS EDUCATION UNDER THE ADULT EDUCATION 
              AND FAMILY LITERACY ACT.

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

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

    ``(a) Program Authorized.--The Secretary shall award grants to 
States, from allocations under subsection (b), for integrated English 
literacy, United States history, and civics education programs.
    ``(b) Allocations.--
            ``(1) In general.--Subject to paragraph (2), the Secretary 
        shall allocate for each fiscal year, from the amount 
        appropriated pursuant to subsection (c) for such fiscal year--
                    ``(A) 65 percent of such amount to States on the 
                basis of a State's need for integrated English, United 
                States history, and civics education programs, as 
                determined by calculating each State's share of a 10-
                year average of the data compiled by the Office of 
                Immigration Statistics of the Department of Homeland 
                Security, for immigrants admitted for lawful permanent 
                residence during the 10 most recent fiscal years; and
                    ``(B) 35 percent of such amount to the States on 
                the basis of whether the State experienced growth, as 
                measured by the average of the 3 most recent years for 
                which data compiled by the Office of Immigration 
                Statistics of the Department of Homeland Security are 
                available, for immigrants admitted for lawful permanent 
                residence.
            ``(2) Minimum.--Each State shall receive an allocation 
        under paragraph (1) in an amount that is not less than $60,000.
    ``(c) Authorization of Appropriation.--There are authorized to be 
appropriated to carry out this section--
            ``(1) $200,000,000 for fiscal year 2012;
            ``(2) $250,000,000 for fiscal year 2013; and
            ``(3) $300,000,000 for fiscal year 2014.''.

SEC. 352. DEFINITIONS OF ENGLISH LANGUAGE LEARNER.

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

SEC. 353. CREDITS FOR TEACHERS OF ENGLISH LANGUAGE LEARNERS.

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

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

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

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

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

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

``Sec. 224. Certification expenses for teachers of English language 
                            learners.
``Sec. 225. Cross reference.''.
    (f) Regulations.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of the Treasury shall promulgate 
regulations implementing the provisions of this section.
    (g) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after the date of the enactment of 
this Act.

SEC. 354. RESEARCH IN ADULT EDUCATION.

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

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

SEC. 356. CREDIT FOR EMPLOYER-PROVIDED ADULT ENGLISH LITERACY AND BASIC 
              EDUCATION PROGRAMS.

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

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

    ``(a) In General.--For the purposes of section 38, the credit 
determined under this section with respect to any employer for the 
taxable year is an amount equal to 20 percent of qualified education 
program expenses, but in no case shall the employer receive a credit in 
an amount of more than $1,000 per full-time employee participating in 
the qualified education program.
    ``(b) Qualified Education Program Expenses.--For purposes of this 
section:
            ``(1) In general.--The term `qualified education program 
        expenses' means expenses paid or incurred by an employer to 
        make available qualified education to employees of the 
        employer, who--
                    ``(A) are English language learners; and
                    ``(B)(i) have not received a secondary school 
                diploma, or its recognized equivalent; or
                    ``(ii) lack sufficient mastery of basic educational 
                skills, including financial literacy, to enable the 
                individuals to function effectively in society.
            ``(2) Qualified education.--The term `qualified education' 
        means adult education and literacy activities provided--
                    ``(A) by an eligible provider which for the fiscal 
                year ending during the employer's taxable year receives 
                or is eligible to receive Federal funds under section 
                231 of the Adult Education and Family Literacy Act (20 
                U.S.C. 9241) for adult education and literacy 
                activities; or
                    ``(B) in curriculum approved by the Department of 
                Education, the Employment and Training Administration 
                of the Department of Labor, or in current use by a 
                Federal agency.
            ``(3) Eligible provider; adult education and literacy 
        activities.--The terms `eligible provider' and `adult education 
        and literacy activities' have the respective meanings given to 
        such terms in section 203 of the Adult Education and Family 
        Literacy Act (20 U.S.C. 9202).
            ``(4) English language learner.--The term `English language 
        learner' has the same meaning given such term in section 
        9101(25) of the Elementary and Secondary Education Act of 1965.
    ``(c) Special Rules.--For purposes of this section:
            ``(1) Full-time employment.--An employee shall be 
        considered full-time if such employee is employed at least 30 
        hours per week for 25 or more calendar weeks in the taxable 
        year.
            ``(2) Aggregation rule.--All persons treated as a single 
        employer under subsection (a) or (b) or section 52, or 
        subsection (m) or (o) of section 414, shall be treated as 1 
        person.
    ``(d) Denial of Double Benefit.--No deduction or credit shall be 
allowed under any other provision of this chapter for any amount taken 
into account in determining the credit under this section.
    ``(e) Election To Have Credit Not Apply.--A taxpayer may elect (at 
such time and in such manner as the Secretary may by regulations 
prescribe) to have this section not apply for any taxable year.
    ``(f) Termination.--This section shall not apply to expenses paid 
or incurred after December 31, 2014.''.
    (b) Credit To Be Part of General Business Credit.--Subsection (b) 
of section 38 of such Code (relating to the current year business 
credit) is amended--
            (1) by striking ``plus'' at the end of paragraph (34);
            (2) by striking the period at the end of paragraph (35) and 
        inserting ``, plus''; and
            (3) by adding at the end the following new paragraph:
            ``(36) the adult English literacy and basic education 
        programs credit determined under section 45R.''.
    (c) Clerical Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1 of the such Code is amended by 
adding at the end the following new item:

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

SEC. 357. PRESIDENTIAL AWARD FOR BUSINESS LEADERSHIP IN PROMOTING 
              UNITED STATES CITIZENSHIP.

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

                CHAPTER 3--BUILDING STRONGER COMMUNITIES

SEC. 361. OFFICE OF CITIZENSHIP AND NEW AMERICANS.

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

SEC. 362. GRANTS TO STATES.

    (a) Authority To Provide Grants.--Subject to subsections (c) and 
(d), the Chief of the Office of Citizenship and New Americans (referred 
to in this section as the ``Chief'') is authorized to provide 
competitive grants to States to form State New American Councils to 
carry out the activities described in section 363.
    (b) State New American Councils.--A State New American Council 
shall--
            (1) consist of not fewer than 15 individuals and not more 
        than 19 individuals from the State; and
            (2) shall include, to the extent practicable, 
        representatives from--
                    (A) business;
                    (B) faith-based organizations;
                    (C) civic organizations;
                    (D) philanthropic organizations;
                    (E) nonprofit organizations, including those with 
                experience working with immigrant communities;
                    (F) key education stakeholders, such as State 
                educational agencies, local educational agencies, 
                community colleges, or teachers;
                    (G) State adult education offices;
                    (H) State or local public libraries; and
                    (I) State or local government officials.
    (c) Waiver of Requirement.--
            (1) Authority to grant.--The Chief may award a grant under 
        subsection (a) to a State without requiring the State to form a 
        State New American Council if the Chief determines that the 
        State is carrying out similar statewide initiatives to 
        introduce immigrants into the State and into the United States.
            (2) Guidelines.--The Chief shall establish guidelines for 
        awarding grants to States described in paragraph (1).
    (d) Grants to Local Governments.--The Chief may provide a grant 
under subsection (a) to a local government.
    (e) Application.--An applicant for a grant under this section shall 
submit an application to the Chief at such time, in such manner, and 
containing such information as the Chief may reasonably require, 
including--
            (1) if the applicant is a State seeking to form a State New 
        American Council, an assurance that such State New American 
        Council will meet the requirements under subsection (b);
            (2) the number of immigrants in the State in which the 
        applicant is located; and
            (3) a description of the challenges in introducing new 
        immigrants into the State and local community.
    (f) Duration.--A grant awarded under subsection (a) shall be for a 
period of 5 years.
    (g) Priority.--Priority shall be given to grant applications that--
            (1) use matching funds from non-Federal sources, which may 
        include in-kind contributions; and
            (2) demonstrate collaboration with private entities to 
        achieve the goals of their comprehensive plan.
    (h) Additional Consideration.--Additional consideration shall be 
given to grant applications submitted by States that have experienced a 
large increase in the population of immigrants during the most recent 
10-year period relative to past migration patterns, based on data 
compiled by the Office of Immigration Statistics.
    (i) Grant Amount.--The amount of a grant awarded under subsection 
(a) shall be not less than $500,000 and not more than $5,000,000 for 
each fiscal year.
    (j) Reservations.--
            (1) National.--The Chief shall reserve not more than 1 
        percent of the amount appropriated to carry out this section 
        for the administration of the Office of Citizenship and New 
        Americans, including for the evaluation of funds distributed.
            (2) States.--A State awarded a grant under subsection (a) 
        may reserve not more than 10 percent of such grant amount for 
        the creation and operation of a State New American Council.

SEC. 363. AUTHORIZED ACTIVITIES.

    (a) Mandatory Activities.--A grant awarded under section 361(a) 
shall be used--
            (1) to develop, implement, expand, or enhance a 
        comprehensive plan to introduce new immigrants into the State, 
        including improving English literacy, knowledge of United 
        States history, and civics education;
            (2) to provide subgrants to local communities in accordance 
        with subsection (c);
            (3) if the grant is awarded to a State, to form a State New 
        American Council, which shall meet not less frequently than 
        once each quarter;
            (4) to disseminate best practices and other information 
        compiled by the Office of Citizenship and New Americans that 
        pertains to effective programs for English acquisition and 
        civics education; and
            (5) to convene public hearings not less frequently than 
        once each year to report on the activities carried out by such 
        grant.
    (b) Permissible Activities.--A grant awarded under section 361(a) 
may be used--
            (1) to solicit and disseminate solutions and remedies to 
        the challenges of introducing new immigrants in the State or 
        municipality in which the grant is awarded;
            (2) to provide technical assistance, training, or 
        coordination for State or local agencies to improve programs to 
        introduce new immigrants into the United States, such as 
        English literacy, United States history, and civics education;
            (3) to review and develop strategies to expand distance 
        learning as a method of instruction for English literacy, 
        United States history, and civics education and available 
        technological programs that may supplement or supplant quality 
        classroom instruction;
            (4) to coordinate with entities of other States engaged in 
        activities under this part or other activities to introduce new 
        immigrants into the State or community;
            (5) to develop materials focused on preparation for the 
        naturalization test;
            (6) to engage in outreach and educational activities on the 
        naturalization process; and
            (7) to provide assistance to immigrants with the 
        naturalization application, as appropriate.
    (c) Subgrants to Local Communities.--
            (1) Requirement to award.--A grant under section 108(a) 
        shall be used to award subgrants to entities of local 
        governments to assist communities with local efforts to 
        introduce new Americans into the community.
            (2) Authorized activities.--Subgrants shall be awarded 
        under paragraph (1) to entities of local governments for use to 
        carry out activities in accordance with--
                    (A) a comprehensive plan described in subsection 
                (a)(1); and
                    (B) any guidance provided by the Chief of the 
                Office of Citizenship and New Americans.
            (3) Subgrant amount.--The amount of a subgrant awarded 
        under this subsection shall be not less than $100,000 and not 
        more than $600,000 for a fiscal year.**

SEC. 364. REPORTING AND EVALUATION.

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

SEC. 365. NEW CITIZENS AWARD PROGRAM.

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

SEC. 366. RULE OF CONSTRUCTION.

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

SEC. 367. REPORT TO CONGRESS ON FEE INCREASES.

    Section 286 (8 U.S.C. 1356), as amended by section 326(b), is 
further amended by adding at the end the following:
    ``(x) Report to Congress on Fees and Fee Increases.--The Secretary 
of Homeland Security shall annually submit a report to the Committee on 
the Judiciary of the Senate and the Committee on the Judiciary of the 
House of Representatives that--
            ``(1) identifies the direct and overhead costs associated 
        with providing immigration services, distinguishing such costs 
        from immigration enforcement and national security costs;
            ``(2) identifies the costs for providing premium processing 
        services to business customers under subsection (u);
            ``(3) describes the extent to which the premium processing 
        fee prescribed under subsection (u) is set at a level that 
        ensures recovery of those costs;
            ``(4) identifies the amount of funding allocated for the 
        infrastructure improvements in the adjudications and customer-
        service processes as prescribed under subsection (u); and
            ``(5) contains information about the basis for any fee 
        increases that will occur during the following 12 months.''.

SEC. 368. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this subtitle 
$100,000,000 for each of the fiscal years 2012 through 2016.

           PART II--EMERGENCY RELIEF FOR CERTAIN POPULATIONS

SEC. 371. ADJUSTMENT OF STATUS FOR CERTAIN HAITIAN ORPHANS.

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

SEC. 372. ADJUSTMENT OF STATUS FOR CERTAIN LIBERIAN NATIONALS.

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

            PART III--STATE COURT INTERPRETER GRANT PROGRAM

SEC. 381. FINDINGS.

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

SEC. 382. STATE COURT INTERPRETER PROGRAM.

    (a) Grants Authorized.--
            (1) In general.--The Administrator of the Office of Justice 
        Programs of the Department of Justice (referred to in this 
        section as the ``Administrator'') shall award grants, in 
        accordance with such regulations as the Attorney General may 
        prescribe, to State courts to develop and implement programs to 
        assist individuals with limited English proficiency to access 
        and understand State court proceedings in which they are a 
        party.
            (2) Technical assistance.--The Administrator shall 
        allocate, for each fiscal year, $500,000 of the amount 
        appropriated pursuant to section 383, which shall be used to 
        establish a court interpreter technical assistance program to 
        assist State courts receiving grants under this part.
    (b) Use of Grants.--Grants awarded under subsection (a) may be used 
by State courts to--
            (1) assess regional language demands;
            (2) develop a court interpreter program for the State 
        courts;
            (3) develop, institute, and administer language 
        certification examinations;
            (4) recruit, train, and certify qualified court 
        interpreters;
            (5) pay for salaries, transportation, and technology 
        necessary to implement the court interpreter program developed 
        under paragraph (2); and
            (6) engage in other related activities, as prescribed by 
        the Attorney General.
    (c) Application.--
            (1) In general.--The highest State court of each State 
        desiring a grant under this section shall submit an application 
        to the Administrator at such time, in such manner, and 
        accompanied by such information as the Administrator may 
        reasonably require.
            (2) State courts.--The highest State court of each State 
        submitting an application under paragraph (1) shall include in 
        the application--
                    (A) a demonstration of need for the development, 
                implementation, or expansion of a State court 
                interpreter program;
                    (B) an identification of each State court in that 
                State which would receive funds from the grant;
                    (C) the amount of funds each State court identified 
                under subparagraph (B) would receive from the grant; 
                and
                    (D) the procedures the highest State court would 
                use to directly distribute grant funds to State courts 
                identified under subparagraph (B).
    (d) State Court Allotments.--
            (1) Base allotment.--From amounts appropriated for each 
        fiscal year pursuant to section 383, the Administrator shall 
        allocate $100,000 to each of the highest State court of each 
        State, which has an application approved under subsection (c).
            (2) Discretionary allotment.--From amounts appropriated for 
        each fiscal year pursuant to section 383, the Administrator 
        shall allocate $5,000,000 to be distributed among the highest 
        State courts of States which have an application approved under 
        subsection (c), and that have extraordinary needs that are 
        required to be addressed in order to develop, implement, or 
        expand a State court interpreter program.
            (3) Additional allotment.--In addition to the allocations 
        made under paragraphs (1) and (2), the Administrator shall 
        allocate, to the highest State court of each State whose 
        application was approved under subsection (c), an amount equal 
        to the product reached by multiplying--
                    (A) the unallocated balance of the amount 
                appropriated for each fiscal year pursuant to section 
                383; and
                    (B) the ratio between the number of people older 
                than 5 years of age who speak a language other than 
                English at home in the State and the number of people 
                older than 5 years of age who speak a language other 
                than English at home in all the States that receive an 
                allocation under paragraph (1), as those numbers are 
                determined by the Bureau of the Census.
            (4) Treatment of district of columbia.--For purposes of 
        this section--
                    (A) the District of Columbia shall be treated as a 
                State; and
                    (B) the District of Columbia Court of Appeals shall 
                act as the highest State court for the District of 
                Columbia.

SEC. 383. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $15,000,000 for each of the 
fiscal years 2012 through 2016 to carry out this part.

                         PART IV--OTHER MATTERS

SEC. 391. ADJUSTMENT OF STATUS FOR CERTAIN VICTIMS OF TERRORISM.

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

SEC. 392. DEVELOPMENT OF ASSESSMENT AND STRATEGY ADDRESSING FACTORS 
              DRIVING MIGRATION.

    (a) Development of Assessment.--Not later than 6 months after the 
date of the enactment of this Act, the Comptroller General of the 
United States shall submit a report to Congress that contains a 
baseline assessment of the primary factors driving migration in a 
prioritized group of 10 countries with the highest rates of irregular 
migration to the United States, including--
            (1) factors driving migration in the prioritized countries; 
        and
            (2) the impact of United States assistance, trade, or 
        foreign policy on migration trends in the prioritized 
        countries.
    (b) Strategy To Address Factors Driving Immigration.--The Secretary 
of State, working with the Administrator of the United States Agency 
for International Development, and in consultation with the Bureau of 
Population, Refugees, and Migration of the Department of State, the 
Department of Labor, and the Office of the United States Trade 
Representative, shall submit strategy to the Committee on Foreign 
Relations of the Senate and the Committee on Foreign Affairs of the 
House of Representatives for addressing the economic, social, and 
security factors driving high rates of irregular migration from the 
prioritized countries, as identified by the report submitted under 
subsection (a).
    (c) Elements of Strategy.--The strategy required under subsection 
(b) shall include--
            (1) a summary and evaluation of current assistance provided 
        by the Government of the United States to countries with the 
        highest rates of irregular migration to the United States;
            (2) an identification of the regions and municipalities 
        experiencing the highest emigration rates and the current level 
        of United States aid or investment in these areas; and
            (3) recommendations for future United States Government 
        assistance and technical support to address key economic, 
        social and development factors identified in the prioritized 
        migration source countries that are designed to ensure 
        appropriate engagement of national and local governments and 
        civil society organizations.

SEC. 393. PRIORITIZATION OF MIGRATION SOURCE COUNTRIES BY THE UNITED 
              STATES AGENCY FOR INTERNATIONAL DEVELOPMENT.

    (a) In General.--The Administrator of the United States Agency for 
International Development shall expand programming that prioritizes 
sustainable alternatives to emigration and incorporates migration and 
development programming to assist communities in the countries 
identified in the previous section, including--
            (1) communities that currently experience, or are projected 
        to soon experience, high rates of population loss due to 
        international migration to the United States;
            (2) communities experiencing or at high risk of trafficking 
        in persons;
            (3) communities that are receiving high rates of returned 
        or deported migrants from the United States;
            (4) communities affected by destabilizing levels of 
        generalized violence, or violence associated with gang or drug 
        related crimes; and
            (5) communities that currently have developed partnerships 
        with migrant associations and federations based in the United 
        States.
    (b) Increased Assistance.--The Secretary of State and the 
Administrator of the United States Agency for International Development 
shall work with the Committee on Foreign Relations of the Senate, the 
Committee on Appropriations of the Senate, the Committee on Foreign 
Affairs of the House of Representatives, and the Committee on 
Appropriations of the House of Representatives to increase, beginning 
in fiscal year 2012, financial assistance to the communities described 
in subsection (a) with the goal of--
            (1) alleviating rural poverty and revitalizing agricultural 
        production by supporting investment in rural development 
        strategies, marketing support to small farmers, small scale 
        agroenterprise initiatives, and expanded access to credit and 
        micro-finance opportunities for small farmers, particularly in 
        regions of highest outmigration;
            (2) fully funding micro-finance and micro-enterprise 
        initiatives and ensure mechanisms for access to rural credit 
        and micro-insurance and target available funding to 
        traditionally marginalized groups and at-risk populations, 
        particularly youth and indigenous populations;
            (3) prioritizing income generation and livelihood 
        alternatives targeted to youth;
            (4) supporting innovations and matching funds for 
        collective remittance investment and business development 
        through the establishment or expansion of United States 
        matching funds through United States Agency for International 
        Development for collective remittance investment by migrant 
        associations and federations in migrant sending municipalities 
        or regions; and
            (5) recognizing that the highest rates of irregular 
        migration are from Mexico and other Western Hemisphere 
        countries by dedicating particular attention to bilateral and 
        multilateral efforts to reduce the economic and social factors 
        driving irregular migration in this region.

SEC. 394. SENSE OF CONGRESS ON INCREASED UNITED STATES FOREIGN POLICY 
              COHERENCY IN THE WESTERN HEMISPHERE.

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