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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4321 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4321

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           December 15, 2009

   Mr. Ortiz (for himself, Mr. Conyers, Mr. Serrano, Mr. Rangel, Mr. 
 Pastor of Arizona, Mr. Stark, Mr. Gutierrez, Mr. Waxman, Mr. Becerra, 
    Mr. Frank of Massachusetts, Ms. Roybal-Allard, Mr. Berman, Ms. 
 Velazquez, Mrs. Christensen, Mr. Hinojosa, Mr. Towns, Mr. Reyes, Mr. 
  Lewis of Georgia, Mr. Baca, Mr. Pallone, Mr. Gonzalez, Mr. Andrews, 
 Mrs. Napolitano, Mr. McDermott, Mr. Grijalva, Mr. Engel, Mr. Cuellar, 
 Mr. Faleomavaega, Mr. Salazar, Mr. Neal of Massachusetts, Mr. Sires, 
  Mr. Abercrombie, Mr. Lujan, Ms. Norton, Mr. Pierluisi, Mr. Moran of 
 Virginia, Mr. Sablan, Mr. Nadler of New York, Mr. Olver, Ms. Waters, 
 Ms. Corrine Brown of Florida, Mr. Farr, Mr. Filner, Mr. Gene Green of 
  Texas, Mr. Hastings of Florida, Ms. Eddie Bernice Johnson of Texas, 
    Mrs. Maloney, Mr. Rush, Mr. Scott of Virginia, Ms. Woolsey, Mr. 
  Blumenauer, Mr. Fattah, Mr. Jackson of Illinois, Ms. Jackson-Lee of 
 Texas, Mrs. Capps, Mr. Davis of Illinois, Ms. DeGette, Ms. Kilpatrick 
  of Michigan, Mr. Kucinich, Ms. Lee of California, Mr. McGovern, Mr. 
   Meeks of New York, Ms. Schakowsky, Ms. Berkley, Mr. Capuano, Mr. 
 Crowley, Mr. Weiner, Mr. Clay, Mr. Honda, Mr. Israel, Ms. Watson, Ms. 
Bordallo, Mr. Meek of Florida, Mr. Cleaver, Mr. Al Green of Texas, Ms. 
Matsui, Ms. Moore of Wisconsin, Mr. Carson of Indiana, Ms. Clarke, Ms. 
Edwards of Maryland, Mr. Ellison, Ms. Fudge, Ms. Hirono, Mr. Johnson of 
   Georgia, Mr. Perlmutter, Ms. Richardson, Mr. Welch, Ms. Chu, Mr. 
Heinrich, Ms. Pingree of Maine, Mr. Polis of Colorado, and Mr. Quigley) 
 introduced the following bill; which was referred to the Committee on 
the Judiciary, and in addition to the Committees on Homeland Security, 
  Armed Services, Foreign Affairs, Natural Resources, Ways and Means, 
    Education and Labor, Oversight and Government Reform, and House 
   Administration, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Comprehensive 
Immigration Reform for America's Security and Prosperity Act of 2009'', 
the ``Comprehensive Immigration Reform ASAP Act of 2009'', or as the 
``CIR ASAP Act of 2009''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Reference to the Immigration and Nationality Act.
Sec. 4. Definitions.
Sec. 5. Severability.
                TITLE I--BORDER SECURITY AND ENFORCEMENT

Sec. 101. Sense of Congress.
                      Subtitle A--Border Security

Sec. 111. National Strategy for Border Security.
Sec. 112. Increase in number of Customs and Border Protection Officers.
Sec. 113. Improving ports of entry for border security and other 
                            purposes.
Sec. 114. Inventory of personnel.
Sec. 115. Standards of professional conduct.
Sec. 116. Inventory of assets.
Sec. 117. Customs border patrol and border protection assets.
Sec. 118. Technological assets.
Sec. 119. Secure communication.
Sec. 120. Surveillance plan.
Sec. 121. Surveillance technologies programs.
Sec. 122. Border security searches of electronic devices.
Sec. 123. Border relief grant program.
Sec. 124. Northern and Southern border drug prosecution initiative.
Sec. 125. Operation Streamline prosecution initiative.
Sec. 126. Project Gunrunner.
Sec. 127. Operation Armas Cruzadas.
Sec. 128. Combating human smuggling.
Sec. 129. Report on deaths and strategy study.
Sec. 130. United States-Mexico Border Enforcement Commission.
Sec. 131. Prohibition on military involvement in nonemergency border 
                            enforcement.
Sec. 132. Definitions.
Sec. 133. Border protection strategy.
Sec. 134. Actions to further secure operational control of the 
                            international land borders of the United 
                            States.
Sec. 135. Borderlands monitoring and mitigation.
Sec. 136. Border Communities Liaison Office.
Sec. 137. Office of Civil Rights and Civil Liberties and Office of 
                            Inspector General.
Sec. 138. Improving ports of entry for border security and other 
                            purposes.
Sec. 139. Ports of entry.
Sec. 140. Ports of entry infrastructure and operations assessment 
                            study.
Sec. 141. National Land Border Ports of Entry Security Plan.
Sec. 142. Ports of entry technology demonstration program.
Sec. 143. Reports on improving the exchange of information on North 
                            American security.
Sec. 144. Southern Border Security Task Force.
Sec. 145. Cooperation with the Government of Mexico.
Sec. 146. Enhanced international cooperation.
Sec. 147. Expansion of commerce security programs.
Sec. 148. Authorization of appropriations.
                         Subtitle B--Detention

Sec. 151. Definitions.
Sec. 152. Detention conditions.
Sec. 153. Specific detention requirements for short-term detention 
                            facilities.
Sec. 154. Rulemaking and enforcement.
Sec. 155. Immigration Detention Commission.
Sec. 156. Death in custody reporting requirement.
Sec. 157. Protection of community-based organizations, faith-based 
                            organizations and other institutions.
Sec. 158. Apprehension procedures for immigration-related enforcement 
                            activities.
Sec. 159. Protections against unlawful detentions of United States 
                            citizens.
Sec. 160. Basic protections for vulnerable populations.
Sec. 161. Report on protections for vulnerable populations impacted by 
                            immigration enforcement activities.
Sec. 162. Family Detention and Unity Protections.
Sec. 163. Apprehension procedures for families and parents.
Sec. 164. Child welfare services for children separated from parents 
                            detained or removed from the United States 
                            for immigration violations.
Sec. 165. Vulnerable population and child welfare training for 
                            immigration enforcement officers.
Sec. 166. Access for parents, legal guardians, and, primary caregiver 
                            relatives.
Sec. 167. Enhanced protections for vulnerable unaccompanied alien 
                            children and female detainees.
Sec. 168. Preventing unnecessary detention of refugees.
Sec. 169. Reports on protections from unlawful detention.
Sec. 170. Rulemaking.
                        Subtitle C--Enforcement

Sec. 181. Labor enforcement.
Sec. 182. Mandatory address reporting requirements.
Sec. 183. Preemption of State and local law.
Sec. 184. Delegation of immigration authority.
Sec. 185. Immigration and Customs Enforcement Ombudsman.
Sec. 186. Eliminating arbitrary bar to asylum.
Sec. 187. Restoration of judicial review.
                   TITLE II--EMPLOYMENT VERIFICATION

Sec. 201. Employment verification.
Sec. 202. Parity with Civil Rights Act of 1964.
Sec. 203. Amendments to the Social Security Act.
                        TITLE III--VISA REFORMS

Sec. 301. Elimination of existing backlogs.
Sec. 302. Reclassification of spouses and minor children of legal 
                            permanent residents as immediate relatives.
Sec. 303. Country limits.
Sec. 304. Promoting family unity.
Sec. 305. Surviving relatives.
Sec. 306. Extension of waiver authority.
Sec. 307. Discretionary waiver for long-term lawful permanent 
                            residents.
Sec. 308. Continuous presence.
Sec. 309. Bar on the removal of certain refugees, parolees or asylees.
Sec. 310. Exemption from immigrant visa limit for certain veterans who 
                            are natives of Philippines.
Sec. 311. Fiancee or fiance child status protection.
Sec. 312. Equal treatment for all stepchildren.
Sec. 313. Sons and daughters of Filipino World War II veterans.
Sec. 314. Determinations under the Haitian Refugee Immigration Fairness 
                            Act of 1998.
Sec. 315. Discretionary authority.
Sec. 316. Affidavit of support.
Sec. 317. Visa to prevent unauthorized migration.
Sec. 318. Adjustment of status.
Sec. 319. Rulemaking.
Sec. 320. United States-educated immigrants.
Sec. 321. Retaining workers subject to green card backlog.
Sec. 322. Return of talent program.
       TITLE IV--EARNED LEGALIZATION OF UNDOCUMENTED INDIVIDUALS

                 Subtitle A--Conditional Nonimmigrants

Sec. 401. Conditional nonimmigrants.
Sec. 402. Adjustment of status for conditional nonimmigrants.
Sec. 403. Administrative and judicial review.
Sec. 404. Mandatory disclosure of information.
Sec. 405. Penalties for false statements in applications.
Sec. 406. Aliens not subject to direct numerical limitations.
Sec. 407. Employer protections.
Sec. 408. Limitations on eligibility.
Sec. 409. Rulemaking.
Sec. 410. Correction of Social Security records.
Sec. 411. Restoration of State option to determine residency for 
                            purposes of higher education benefits.
Sec. 412. Authorization of appropriations.
   Subtitle B--Agricultural Job Opportunities, Benefits, and Security

                    Chapter 1--Title and Definitions

Sec. 421. Short title.
Sec. 422. Definitions.
 Chapter 2--Pilot Program for Earned Status Adjustment of Agricultural 
                                Workers

                     subchapter a--blue card status

Sec. 431. Requirements for blue card status.
Sec. 432. Treatment of aliens granted blue card status.
Sec. 433. Adjustment to permanent residence.
Sec. 434. Applications.
Sec. 435. Waiver of numerical limitations and certain grounds for 
                            inadmissibility.
Sec. 436. Administrative and judicial review.
Sec. 437. Use of information.
Sec. 438. Regulations, effective date, authorization of appropriations.
          subchapter b--correction of social security records

Sec. 441. Correction of Social Security records.
                Chapter 3--Reform of H-2A Worker Program

Sec. 451. Amendments to the Immigration and Nationality Act.
                  Chapter 4--Miscellaneous Provisions

Sec. 461. Determination and use of user fees.
Sec. 462. Regulations.
Sec. 463. Reports to Congress.
Sec. 464. Effective date.
         TITLE V--STRENGTHENING THE U.S. ECONOMY AND WORKFORCE

                   Subtitle A--Immigration and Labor

                Chapter 1--Immigration and Labor Markets

Sec. 501. Commission on Immigration and Labor Markets.
Sec. 502. Security and prosperity account.
Sec. 503. American recruit and match system.
           Chapter 2--Protection of Workers Recruited Abroad

Sec. 511. Protections for workers recruited abroad.
Sec. 512. Enforcement provisions.
Sec. 513. Procedures in addition to other rights of employees.
Sec. 514. Authority to prescribe regulations.
Sec. 515. Definitions.
                    Chapter 3--Technical Correction

Sec. 521. Technical correction.
    Subtitle B--Reforms of Certain Classes of Employment-based Visas

            Chapter 1--H-1B Visa Fraud and Abuse Protections

          subchapter a--h-1b employer application requirements

Sec. 531. Modification of application requirements.
Sec. 532. New application requirements.
Sec. 533. Application review requirements.
 subchapter b--investigation and disposition of complaints against h-1b

Sec. 541. General modification of procedures for investigation and 
                            disposition.
Sec. 542. Investigation, working conditions, and penalties.
Sec. 543. Waiver requirements.
Sec. 544. Initiation of investigations.
Sec. 545. Information sharing.
Sec. 546. Conforming amendment.
                  subchapter c--other h-1b provisions

Sec. 551. Posting available H-1B positions through the Department of 
                            Labor.
Sec. 552. H-1B government authority and requirements.
Sec. 553. Additional Department of Labor employees.
                      Chapter 2--L-1 Nonimmigrants

Sec. 561. Prohibition on outplacement of L-1 nonimmigrants.
Sec. 562. L-1 employer petition requirements for employment at new 
                            offices.
Sec. 563. Cooperation with Secretary of State.
Sec. 564. Investigation and disposition of complaints against L-1 
                            employers.
Sec. 565. Wage rate and working conditions for L-1 nonimmigrant.
Sec. 566. Penalties.
Sec. 567. Prohibition on retaliation against L-1 nonimmigrants.
Sec. 568. Technical amendments.
Sec. 569. Reports on L-1 nonimmigrants.
Sec. 570. Application.
Sec. 571. Report on L-1 blanket petition process.
Sec. 572. Requirements for information for H-1B and L-1 nonimmigrants.
              Chapter 3--Protection of H-2B Nonimmigrants

Sec. 581. Enforcement of federal labor laws relating to H-2B 
                            nonagricultural guest workers.
Sec. 582. Recruitment of United States workers.
Sec. 583. Prevailing wages for United States workers and H-2B workers.
Sec. 584. Certification requirement.
Sec. 585. Protections for workers.
Sec. 586. Petitions by employers that have signed labor agreements with 
                            unions that operate hiring halls.
Sec. 587. H-2B nonimmigrant labor certification application fees.
            Chapter 4--Adjustments to the EB-5 Visa Program

Sec. 591. Permanent reauthorization of EB-5 regional center program; 
                            application fee.
Sec. 592. Premium processing fee for EB-5 immigrant investors.
Sec. 593. Concurrent filing of EB-5 petitions and applications for 
                            adjustment of status.
Sec. 594. Improved set-aside for targeted employment areas.
Sec. 595. Set-aside of visas for regional center program.
Sec. 596. Extension.
Sec. 597. Study.
Sec. 598. Full-time equivalents.
Sec. 599. Eligibility for adjustment of status.
Sec. 599A. Expansion of EB-5 eligibility to include qualified 
                            immigrants who complete investment 
                            agreements.
                       Chapter 5--Effective Date

Sec. 599B. Application.
                 TITLE VI--INTEGRATION OF NEW AMERICANS

                   Subtitle A--Citizenship Promotion

Sec. 601. Immigration service fees.
Sec. 602. Administration of tests for naturalization; fulfillment by 
                            elderly persons of requirement for 
                            naturalization relating to knowledge of 
                            english language.
Sec. 603. Voluntary electronic filing of applications.
Sec. 604. Timely background checks.
Sec. 605. National citizenship promotion program.
Sec. 606. Effective date.
                       Subtitle B--Miscellaneous

Sec. 611. Grants to support public education and community training.
Sec. 612. Grant program to assist applicants for naturalization.
Sec. 613. Naturalization for certain U.S. high school graduates.
Sec. 614. Family integration.
Sec. 615. Consideration for domestic resettlement of refugees.
Sec. 616. Credits for teachers of English language learners.
Sec. 617. Credits for employer-provided adult english literacy and 
                            basic education programs.
Sec. 618. Grants to States to form New American Councils.
Sec. 619. Independence Day Ceremonies for oaths of allegiance.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Federal immigration laws must uphold America's long 
        history of being a Nation of immigrants from every continent in 
        the world, and reaffirm our Nation's commitment to strong and 
        united families, civil rights, economic opportunity and 
        diversity.
            (2) The Government of the United States should reduce the 
        deficit by ensuring that all individuals and employers pay 
        their fair share of taxes and contribute equally to the 
        prosperity of our great Nation.
            (3) The Government of the United States has an obligation 
        to ensure the labor rights of all workers in our country, and 
        end the driving down of wages and workplace standards that 
        exists today due to our broken immigration system. Unscrupulous 
        employers should not be able to profit off of the backs of a 
        workforce with no voice in the workplace or civic society.
            (4) The Government of the United States also has an 
        obligation to ensure the growth and vitality of honest American 
        businesses that are playing by the rules and fueling our 
        economic recovery.
            (5) The labor and immigration policies of the United States 
        Government should be modernized to reflect the current needs of 
        American workers and the American economy.
            (6) The Government of the United States cannot effectively 
        carry out its national security policies unless it requires 
        undocumented immigrants to come forward and participate fully 
        in our communities and legally in the economy of the United 
        States, so that enforcement efforts are concentrated on the 
        truly bad actors.
            (7) Elimination of America's immigrant workforce is not an 
        effective or honest solution to Americas economic crisis. We 
        need a solution that levels the playing field and promotes 
        equal rights for all.
            (8) Dividing American families in not a moral or just 
        solution to the broken immigration system. We need policies 
        that treat all families equally and keep them together, to 
        support each other and build strong communities.
            (9) Flawed immigration laws and persistent unequal 
        administration of justice at the local level, based on race or 
        national origin, has undermined effective community policing by 
        discouraging the reporting of crime and cooperation with 
        prosecutors in immigrant communities, due to well-founded fears 
        of immigration enforcement action against them. This puts 
        entire communities at risk and undermines public safety for 
        all.
            (10) The Government of the United States should ensure that 
        racial profiling and unequal administration of the law based on 
        race or national origin is not permitted by any agency of 
        Federal, State or local government bodies.
            (11) Our Government should ensure that our Nation's borders 
        are secure by investing in effective strategies, eliminating 
        the millions of dollars currently being allocated to 
        ineffective ones, and by requiring consultation with state and 
        local communities on both the northern and southern borders 
        before implementing new border enforcement strategies.
            (12) Foreign governments, particularly those that share an 
        international border with the United States, must play a 
        critical role in securing international borders and deterring 
        illegal entry of foreign nationals into the United States.
            (13) The Government of the United States has an obligation 
        to reaffirm its commitment to effective immigrant integration 
        by supporting the teaching and promoting the learning of 
        English.
            (14) Comprehensive immigration reform and strong 
        enforcement of immigration laws will encourage legal 
        immigration, deter illegal immigration, and promote the 
        economic and national security interests of the United States.

SEC. 3. REFERENCE TO THE IMMIGRATION AND NATIONALITY ACT.

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

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Department.--Except as otherwise provided, the term 
        ``Department'' means the Department of Homeland Security.
            (2) Secretary.--Except as otherwise provided, the term 
        ``Secretary'' means the Secretary of Homeland Security.

SEC. 5. SEVERABILITY.

    If any provision of this Act, any amendment made by this Act, or 
the application of such provision or amendment to any person or 
circumstance is held to be invalid for any reason, the remainder of 
this Act, the amendments made by this Act, and the application of the 
provisions of such to any other person or circumstance shall not be 
affected by such holding.

                TITLE I--BORDER SECURITY AND ENFORCEMENT

SEC. 101. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the Secretary of Homeland Security should establish a 
        national strategic plan for short-term and long-term border 
        security with improved accountability and transparency in 
        agency functions;
            (2) the Secretary's border security priorities must support 
        and strengthen the significant advances in operational control 
        of the border;
            (3) the Secretary must secure our Nation's ports of entry 
        and facilitate the flow of commerce and travel;
            (4) the ports of entry to the United States require 
        additional assets, personnel, infrastructure and improvements 
        in technology;
            (5) although states along the Southern and Northern borders 
        play a unique role in supporting the Federal Government, border 
        security and enforcement of the immigration laws are the 
        responsibility of the Federal Government;
            (6) combating human smuggling, arms trafficking and drug 
        trafficking are essential to border security;
            (7) protecting the economic and civic vitality of the 
        border region is central to border security; and
            (8) effective border security depends on sustained 
        international cooperation.

                      Subtitle A--Border Security

SEC. 111. NATIONAL STRATEGY FOR BORDER SECURITY.

    (a) Requirement for Strategy.--The Secretary, in consultation with 
the heads of other appropriate Federal agencies, shall develop a 
National Strategy for Border Security that describes actions to be 
carried out to maintain operational control over all ports of entry 
into the United States and the international land and maritime borders 
of the United States.
    (b) Content.--The National Strategy for Border Security shall 
include the following:
            (1) An assessment of the threat posed by terrorists and 
        terrorist groups that may try to infiltrate the United States 
        at locations along the international land and maritime borders 
        of the United States.
            (2) A risk assessment for all United States ports of entry 
        and all portions of the international land and maritime borders 
        of the United States that includes a description of activities 
        being undertaken--
                    (A) to prevent the entry of terrorists, unlawful 
                aliens, instruments of terrorism, narcotics, and other 
                contraband into the United States; and
                    (B) to protect critical infrastructure at or near 
                such ports of entry or borders.
            (3) An assessment of the most appropriate, practical, and 
        cost-effective means of defending the international land and 
        maritime borders of the United States against threats to 
        security and illegal transit, including intelligence 
        capacities, technology, equipment, personnel, and training 
        needed to address security vulnerabilities to include--
                    (A) a comprehensive assessment of risks in terms of 
                cost, probability, and threats to society and risk 
                prevention and response measures currently taken and 
                potentially taken relative to that assessment of risks;
                    (B) prevention efforts and response measures to 
                address such risks, whether already underway or 
                planned;
                    (C) recommendations on realignment of programs, 
                locations, and resources to best address the 
                comprehensive assessment of risks.
            (4) An assessment of staffing needs for all border security 
        functions, taking into account threat and vulnerability 
        information pertaining to the borders and the impact of new 
        security programs, policies, and technologies.
            (5) A description of the border security roles and missions 
        of Federal, State, regional, local, and tribal authorities, and 
        recommendations regarding actions the Secretary can carry out 
        to improve coordination with such authorities to enable border 
        security and enforcement activities to be carried out in a more 
        efficient and effective manner.
            (6) An assessment of existing programs, activities and 
        technologies used for border security and the effect of the use 
        of such efforts and technologies on civil rights, family unity, 
        private property rights, privacy rights, and civil liberties, 
        including an assessment of efforts to take into account asylum 
        seekers, trafficking victims, unaccompanied minor aliens, and 
        other vulnerable populations.
            (7) A prioritized list of research and development 
        objectives to enhance the security of the international land 
        and maritime borders of the United States.
            (8) A description of ways to ensure that the free flow of 
        legitimate travel and commerce is not diminished by efforts, 
        activities, and programs aimed at securing the international 
        land and maritime borders of the United States.
            (9) A description of the performance metrics to be used to 
        ensure accountability by the bureaus of the Department in 
        implementing such Strategy.
            (10) A schedule for the implementation of the security 
        measures described in such Strategy, including a prioritization 
        of security measures, realistic deadlines for addressing the 
        security and enforcement needs, an estimate of the resources 
        needed to carry out such measures, and a description of how 
        such resources should be allocated.
    (c) Consultation.--In developing the National Strategy for Border 
Security, the Secretary shall consult with representatives of--
            (1) State, local, and tribal authorities with 
        responsibility for locations along the international land and 
        maritime borders of the United States; and
            (2) appropriate private sector entities, nongovernmental 
        organizations, and affected communities that have expertise in 
        areas related to border management.
    (d) Coordination.--The National Strategy for Border Security shall 
be consistent with the National Strategy for Maritime Security 
developed pursuant to Homeland Security Presidential Directive 13, 
dated December 21, 2004.
    (e) Submission to Congress.--
            (1) Strategy.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall submit to Congress 
        the National Strategy for Border Security.
            (2) Updates.--The Secretary shall submit to Congress any 
        change of such Strategy that the Secretary determines is 
        necessary, not later than 30 days after such determination.
    (f) Immediate Action.--Nothing in this section may be construed to 
relieve the Secretary of the responsibility to take all actions 
necessary and appropriate to maintain and enhance operational control 
of the international land and maritime borders of the United States.

SEC. 112. INCREASE IN NUMBER OF CUSTOMS AND BORDER PROTECTION OFFICERS.

    (a) Customs and Border Protection Officers.--During the 5-year 
period between fiscal years 2010 and 2014, the Secretary of Homeland 
Security shall, subject to the availability of appropriations for such 
purpose, increase by not fewer than 5,000 the total number of full-
time, active-duty Customs and Border Protection Officers within United 
States Customs and Border Protection for posting at United States ports 
of entry above the number of such officers for which funds were made 
available during fiscal year 2009.
    (b) Agriculture Specialists.--During the 5-year period between 
fiscal years 2010 and 2014, the Secretary of Homeland Security shall, 
subject to the availability of appropriations for such border security 
purposes, increase by not fewer than a total of 1,200 the number of 
full-time Customs and Border Protection agriculture specialists for 
United States ports of entry above the number of such support personnel 
for which funds were made available during fiscal year 2009.
    (c) Border Security Support Personnel.--During the 5-year period 
between fiscal years 2010 and 2014, the Secretary of Homeland Security 
shall, subject to the availability of appropriations for such purpose, 
increase by not fewer than a total of 350 the number of full-time 
border security support personnel for United States ports of entry 
above the number of such support personnel for which funds were made 
available during fiscal year 2009.

SEC. 113. IMPROVING PORTS OF ENTRY FOR BORDER SECURITY AND OTHER 
              PURPOSES.

    (a) In General.--There are authorized to be appropriated to the 
Administrator of the General Services Administration $1,000,000,000 for 
each of fiscal years 2010 through 2014 to make improvements to existing 
ports of entry in the United States to improve border security and for 
other purposes.
    (b) Priority.--In making improvements described in subsection (a), 
the Administrator of the General Services Administration, in 
coordination with the Commissioner of Customs and Border Protection, 
shall give priority to the ports of entry that the Administrator 
determines are in most need of repair to improve border security and 
for other purposes in accordance with port of entry infrastructure 
assessment studies required in section 603 of title VI, division E, of 
the Consolidated Appropriations Act of 2008 (Public Law 101-161).

SEC. 114. INVENTORY OF PERSONNEL.

    (a) Inventory.--The Secretary shall identify and inventory the 
current personnel or other human resources dedicated to border security 
and enforcement prior to any increase in personnel or other human 
resources.
    (b) Report.--The Secretary shall submit the inventory required in 
subsection (a) to the following congressional committees, 90 days after 
the enactment of this Act--
            (1) the Committee on Homeland Security and Governmental 
        Affairs and the Committee on the Judiciary of the Senate;
            (2) the Committee on Homeland Security and the Committee on 
        the Judiciary of the House of Representatives; and
            (3) the Committee on Oversight and Government Reform of the 
        House of Representatives.

SEC. 115. STANDARDS OF PROFESSIONAL CONDUCT.

    (a) Establishment of Standards.--Not more than 90 days after the 
date of enactment of this Act, the Secretary of Homeland Security shall 
establish clear standards of professional conduct for interaction with 
the public, for all Customs and Border Protection agents, U.S. Border 
Patrol agents, Immigration and Customs Enforcement agents, and 
Agricultural Inspectors stationed within 100 miles of all land and 
marine borders and at ports of entry.
    (b) Purpose.--These standards of professional conduct will provide 
agents with a better understanding of the prohibitions and limitations 
pertaining to their conduct and activities while representing the 
Department of Homeland Security. These standards are intended to--
            (1) alert agents to some of the more sensitive and often 
        problematic matters involved in agent conduct;
            (2) specify, where possible, actions and inactions that are 
        contrary to and that conflict with the duties and 
        responsibilities of Department of Homeland security agents; and
            (3) guide agents in conducting themselves in a manner that 
        reflects standards of deportment and professionalism.
    (c) Standards.--Department of Homeland Security agents stationed 
within 100 miles of all land and marine borders and at ports of entry--
            (1) shall not violate any law or any agency policy, rule, 
        or procedure;
            (2) shall obey all lawful orders;
            (3) shall not engage in any conduct or activities on- or 
        off-duty that reflect discredit on the agents, tend to bring 
        the agency into disrepute, or impair its efficient and 
        effective operation;
            (4) shall conduct themselves toward the public in a civil 
        and professional manner that connotes a service orientation and 
        that will foster public respect and cooperation;
            (5) shall treat violators, or perceived violators, with 
        respect and courtesy, guard against employing an officious or 
        overbearing attitude or language that may belittle, ridicule, 
        or intimidate the individual, or act in a manner that 
        unnecessarily delays the performance of their duty;
            (6) while recognizing the need to demonstrate authority and 
        control over suspects and detainees, agents shall adhere to 
        this agency's use-of-force policy and shall observe the civil 
        rights and protect the well-being of those in their charge; and
            (7) shall not use their agency powers to resolve personal 
        grievances (e.g., those involving the officer, family members, 
        relatives, or friends) with individuals. In cases where there 
        is personal involvement with a member of the public that would 
        reasonably require law enforcement intervention, agents shall 
        summon other on-duty personnel and a supervisor.
    (d) Oversight and Evaluation.--The Department of Homeland Security 
shall develop and implement a plan that applies the aforementioned 
standards in officer evaluation and supervisor evaluation. This plan 
shall include the following provisions to ensure responsibility and 
protect civil rights:
            (1) Adherence to the standards of professional conduct 
        shall be a central criterion in the change from probationary to 
        journeyman status, as well as periodic evaluations and 
        promotions of officers.
            (2) Managers and senior officers will be held responsible 
        for--
                    (A) performance according to these standards;
                    (B) assessments of subordinates according to these 
                standards; and
                    (C) performance of their subordinates on these 
                standards, with meaningful penalties to supervisors for 
                failures of subordinates to adhere to such standards.
            (3) The Department shall establish strong penalties for 
        failures to follow the standards of professional conduct that 
        were unaddressed until exposed by complaint processes or 
        Inspector General investigations. However, organizational peers 
        and superiors who uncover and act on failures or abuses shall 
        be exempt from such penalties.
            (4) Agents should not be indemnified when it is determined 
        that a violation of civil rights standards occurred.
    (e) Exception.--The standards of conduct set forth in this section 
are not intended to serve as an exhaustive treatment of requirements, 
limitations, or prohibitions on agent conduct and activities 
established by the Secretary of Homeland Security.
    (f) Notice.--The standards of conduct established under this 
section shall be posted at all ports of entry in locations easily 
viewed by members of the public.
    (g) Complaints.--Not more than 180 days after enactment, the 
Secretary shall, in consultation with the Office of Civil Rights and 
Civil Liberties, establish a uniform and standardized process for the 
public regarding complaints against all Customs and Border Protection 
agents, U.S. Border Patrol agents, and Agricultural Inspectors for 
violations of standards of professional conduct. The complaint process 
shall--
            (1) quickly review, effectively investigate, meaningfully 
        resolve complaints and identify patterns of abuse or 
        malfeasance and be accessible, transparent, consistent, 
        effective, and fair;
            (2) apply uniformly to all Border Patrol Sectors and Ports 
        of Entry;
            (3) specify to whom, how, and where complaints are to be 
        filed;
            (4) be visible to the public at all ports of entry and 
        interior checkpoints, and be accessible in multiple languages;
            (5) receive staff and funding commensurate with the 
        quantity of complaints submitted and with the funding disbursed 
        to Department enforcement initiatives;
            (6) establish a publicly accessible national, standardized 
        database capable of tracking and analyzing complaints and their 
        resolution; and
            (7) provide publicly accessible records, with copies of 
        complaints and their resolutions permanently preserved and 
        available for inspection, while maintaining the confidentiality 
        of complainants' identities.
    (h) Complainants.--The following shall apply to all complainants:
            (1) Any interested party may file a complaint through the 
        complaint procedure, including a legal representative.
            (2) Complainants shall be protected from retaliatory action 
        by law enforcement.
            (3) No officer of the US may use the information from a 
        complaint to initiate removal proceedings or removals against 
        any person filing a complaint or identified in the complaint, 
        nor remove any individual involved in a complaint while the 
        complaint is pending.
            (4) There shall be no publication of information to related 
        to an individual involved in a complaint which would result in 
        identification of the individual.
            (5) Complainants shall receive full assistance from the 
        Department in filing complaints, including language assistance, 
        accommodations for disabilities, and accurate and complete 
        responses to their questions.
    (i) Reporting.--The Secretary shall report annually to the 
following Congressional Committees on the number and type of complaints 
received in each sector, demographic of complainants, results of 
investigations including violations of standards and any disciplinary 
actions taken, and identifying any complaint patterns that could be 
prevented or reduced by policy or practice changes--
            (1) the Committee on Homeland Security and Governmental 
        Affairs and the Committee on the Judiciary of the Senate;
            (2) the Committee on Homeland Security and the Committee on 
        the Judiciary of the House of Representatives; and
            (3) the Committee on Oversight and Government Reform of the 
        House of Representatives.

SEC. 116. INVENTORY OF ASSETS.

    (a) Inventory.--The Secretary shall identify and inventory the 
current assets, equipment, supplies, or other physical resources 
dedicated to border security and enforcement prior to any increase in 
assets, equipment, supplies or other physical resources.
    (b) Report.--The Secretary shall submit the inventory required in 
subsection (a) to the following congressional committees, 90 days from 
the enactment of this Act--
            (1) the Committee on Homeland Security and Governmental 
        Affairs and the Committee on the Judiciary of the Senate;
            (2) the Committee on Homeland Security and the Committee on 
        the Judiciary of the House of Representatives; and
            (3) the Committee on Oversight and Government Reform of the 
        House of Representatives.

SEC. 117. CUSTOMS BORDER PATROL AND BORDER PROTECTION ASSETS.

    (a) Personal Equipment.--
            (1) Body armor.--The Secretary shall ensure that every 
        agent is issued high-quality body armor that is appropriate for 
        the climate and risks faced by the agent. Each agent shall be 
        permitted to select from among a variety of approved brands and 
        styles. Agents shall be strongly encouraged, but not required, 
        to wear such body armor whenever practicable. All body armor 
        shall be replaced not less often than once every five years.
            (2) Weapons.--The Secretary shall ensure that agents are 
        equipped with weapons that are reliable and effective to 
        protect themselves, their fellow agents, and innocent third 
        parties from the threats posed by armed criminals. The 
        Secretary shall ensure that the policies of the Department 
        authorize all agents to carry weapons that are suited to the 
        potential threats that they face.
            (3) Uniforms.--The Secretary shall ensure that all agents 
        are provided with all necessary uniform items, including 
        outerwear suited to the climate, footwear, belts, holsters, and 
        personal protective equipment, at no cost to such agents. Such 
        items shall be replaced at no cost to such agents as such items 
        become worn or unserviceable or no longer fit properly
    (b) Helicopters and Power Boats.--
            (1) Helicopters.--The Secretary shall conduct a review of 
        asset needs, and if determined to be insufficient, shall 
        increase the number of helicopters under the control of the 
        Border Patrol. The Secretary shall ensure that appropriate 
        types of helicopters are procured for the various missions 
        being performed.
            (2) Power boats.--The Secretary shall conduct a review of 
        asset needs and if determined to be insufficient, shall 
        increase the number of power boats under the control of the 
        Border Patrol. The Secretary shall ensure that the types of 
        power boats that are procured are appropriate for both the 
        waterways in which they are used and the mission requirements.
            (3) Use and training.--The Secretary shall--
                    (A) establish an overall policy on how the 
                helicopters and power boats procured under this 
                subsection will be used; and
                    (B) implement training programs for the agents who 
                use such assets, including safe operating procedures 
                and rescue operations.
    (c) Motor Vehicles.--
            (1) Quantity.--The Secretary shall conduct a review of 
        asset needs and if determined to be insufficient, establish a 
        fleet of motor vehicles appropriate for use by the Border 
        Patrol. The Secretary shall ensure that there are sufficient 
        numbers and types of other motor vehicles to support the 
        mission of the Border Patrol.
            (2) Features.--All motor vehicles purchased for the Border 
        Patrol shall--
                    (A) be appropriate for the mission of the Border 
                Patrol; and
                    (B) have a panic button and a global positioning 
                system device that is activated solely in emergency 
                situations to track the location of agents in distress.
    (d) Electronic Equipment.--
            (1) Portable computers.--The Secretary shall ensure that 
        each police-type motor vehicle in the fleet of the Border 
        Patrol is equipped with a portable computer with access to all 
        necessary law enforcement databases and otherwise suited to the 
        unique operational requirements of the Border Patrol.
            (2) Radio equipment.--The Secretary shall augment the 
        existing radio communications system so that all law 
        enforcement personnel working in each area where Border Patrol 
        operations are conducted have clear and encrypted 2-way radio 
        communication capabilities at all times. Each portable 
        communications device shall be equipped with a panic button and 
        a global positioning system device that is activated solely in 
        emergency situations to track the location of agents in 
        distress.
            (3) Handheld global positioning system devices.--The 
        Secretary shall ensure that each Border Patrol agent who is 
        determined by the Secretary to need a handheld global 
        positioning device to effectively and safely carry out his or 
        her duties is issued a state-of-the-art handheld global 
        positioning system device for navigational purposes.
            (4) Night vision equipment.--The Secretary shall ensure 
        that sufficient quantities of state-of-the-art night vision 
        equipment are procured and maintained to enable each Border 
        Patrol agent working during the hours of darkness to be 
        equipped with a portable night vision device.
    (e) Appropriations.--There are authorized to be appropriated to the 
Secretary such sums as may be necessary for each of fiscal years 2011 
through 2015 to carry out this section.

SEC. 118. TECHNOLOGICAL ASSETS.

    (a) Increased Availability of Equipment.--The Secretary and the 
Secretary of Defense shall analyze use of authorities provided to the 
Secretary of Defense under chapter 18 of title 10, United States Code, 
and whether to increase the availability and use of Department of 
Defense equipment, including unmanned aerial vehicles, tethered 
aerostat radars, and other surveillance equipment, to assist the 
Secretary in carrying out surveillance activities conducted at or near 
the international land borders of the United States to deter criminal 
activity and terrorist threats.
    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary and the Secretary of Defense shall submit to 
Congress a report that contains
            (1) an analysis of the current use of Department of Defense 
        equipment to assist the Secretary in carrying out surveillance 
        of the international land borders of the United States and 
        assessment of the risks to citizens of the United States and 
        foreign policy interests associated with the use of such 
        equipment;
            (2) an analysis of projected future use of Department of 
        Defense equipment to assist such surveillance activities, 
        including any increases;
            (3) an analysis of the types of equipment and other support 
        to be provided by the Secretary of Defense under such plan 
        during the one-year period beginning on the date of the 
        submission of the report;
            (4) an analysis of costs and cost-effectiveness related to 
        any increase in the availability and use of Department of 
        Defense equipment; and
            (5) an analysis of projected schedules for implementation.
    (c) Construction.--Nothing in this section may be construed as 
altering or amending the prohibition on the use of any part of the Army 
or the Air Force as a posse comitatus under section 1385 of title 18, 
United States Code.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as may be necessary for each of 
fiscal years 2011 through 2015 to carry out this section.

SEC. 119. SECURE COMMUNICATION.

    The Secretary shall, as expeditiously as practicable, develop and 
implement a plan to improve the use of satellite communications and 
other technologies to ensure clear and secure 2-way communication 
capabilities--
            (1) among all Border Patrol agents conducting operations 
        between ports of entry;
            (2) between Border Patrol agents and their respective 
        Border Patrol stations;
            (3) between Border Patrol agents and residents in remote 
        areas along the international land borders of the United 
        States; and
            (4) between all appropriate border security agencies of the 
        Department and State, local, and tribal law enforcement 
        agencies.

SEC. 120. SURVEILLANCE PLAN.

    (a) Requirement for Plan.--The Secretary shall develop a 
comprehensive plan for the systematic surveillance of the international 
land and maritime borders of the United States.
    (b) Content.--The plan required by subsection (a) shall include the 
following:
            (1) An assessment of existing technologies employed on the 
        international land and maritime borders of the United States.
            (2) A description of the compatibility of new surveillance 
        technologies with surveillance technologies in use by the 
        Secretary on the date of enactment of this Act.
            (3) A description of how the Commissioner of the United 
        States Customs and Border Protection is working, or is expected 
        to work, with the Under Secretary for Science and Technology of 
        the Department to identify and test surveillance technology.
            (4) A description of the specific surveillance technology 
        to be deployed.
            (5) Identification of any obstacles that may impede such 
        deployment.
            (6) A detailed estimate of all costs associated with such 
        deployment and with continued maintenance of such technologies.
            (7) A description of how the Secretary is working with the 
        Administrator of the Federal Aviation Administration on safety 
        and airspace control issues associated with the use of unmanned 
        aerial vehicles.
            (8) A description of the demonstration program to fully 
        integrate and utilize aerial surveillance technologies 
        developed pursuant to section 121(a).
            (9) A description of the Integrated and Automated 
        Surveillance demonstration program established pursuant to 
        section 121(b).
    (c) Submission to Congress.--Not later than 180 days after the date 
of enactment of this Act, the Secretary shall submit to Congress the 
plan required by this section.

SEC. 121. SURVEILLANCE TECHNOLOGIES PROGRAMS.

    (a) Aerial Surveillance Demonstration Program.--
            (1) In general.--In conjunction with the border 
        surveillance plan developed under section 5201 of the 
        Intelligence Reform and Terrorism Prevention Act of 2004 
        (Public Law 108-458; 8 U.S.C. 1701 note), the Secretary, not 
        later than 90 days after the date of enactment of this Act, 
        shall develop a demonstration program to fully integrate and 
        utilize aerial surveillance technologies, including unmanned 
        aerial vehicles, to enhance the security of the international 
        border between the United States and Canada and the 
        international border between the United States and Mexico.
            (2) Assessment and consultation requirements.--In 
        developing the program under this subsection, the Secretary 
        shall--
                    (A) consider current and proposed aerial 
                surveillance technologies;
                    (B) assess the feasibility and advisability of 
                utilizing such technologies to address border threats, 
                including an assessment of the technologies considered 
                best suited to address respective threats, cost-
                effectiveness, reliability, and minimal impact on 
                border residential areas;
                    (C) consult with the Secretary of Defense regarding 
                any technologies or equipment, which the Secretary may 
                deploy along an international border of the United 
                States;
                    (D) consult with the Administrator of the Federal 
                Aviation Administration regarding safety, airspace 
                coordination and regulation, and any other issues 
                necessary for implementation of the program; and
                    (E) conduct a privacy impact assessment with the 
                Officer for Civil Rights and Civil Liberties with the 
                Department that includes recommendations with respect 
                to ensuring the civil liberties and civil rights of 
                individuals in surrounding communities.
            (3) Additional requirements.--
                    (A) In general.--The demonstration program 
                developed under this subsection may include the use of 
                a variety of aerial surveillance technologies in a 
                variety of topographies and areas, including populated 
                and unpopulated areas located on or near an 
                international border of the United States, in order to 
                evaluate, for a range of circumstances--
                            (i) the significance of previous 
                        experiences with such technologies in border 
                        security or critical infrastructure protection;
                            (ii) the cost and effectiveness of various 
                        technologies for border security, including 
                        varying levels of technical complexity; and
                            (iii) liability, safety, and privacy 
                        concerns relating to the utilization of such 
                        technologies for border security.
            (4) Continued use of aerial surveillance technologies.--The 
        Secretary may continue the operation of aerial surveillance 
        technologies while developing the demonstration program and 
        assessing the effectiveness of the utilization of such 
        technologies.
            (5) Report to congress.--Not later than 180 days after 
        developing the demonstration program under this subsection, the 
        Secretary shall submit to Congress a report regarding such 
        program. The Secretary shall include in the report a 
        description of such program together with any recommendations 
        that the Secretary finds appropriate for implementing or 
        terminating the program.
    (b) Integrated and Automated Surveillance Demonstration Program.--
            (1) Requirement for program.--Subject to the availability 
        of appropriations, the Secretary shall establish a 
        demonstration program to procure additional unmanned aerial 
        vehicles, cameras, poles, sensors, satellites, radar coverage, 
        and other technologies necessary to enhance operational control 
        of the international borders of the United States. Such program 
        shall be known as the Integrated and Automated Surveillance 
        Demonstration Program.
            (2) Program components.--The Secretary shall ensure, to the 
        maximum extent feasible, that--
                    (A) the technologies utilized in the Integrated and 
                Automated Surveillance Demonstration Program are 
                integrated and function cohesively in an automated 
                fashion, including the integration of motion sensor 
                alerts and cameras in a manner where a sensor alert 
                automatically activates a corresponding camera to pan 
                and tilt in the direction of the triggered sensor;
                    (B) cameras utilized in the Program do not have to 
                be manually operated;
                    (C) such camera views and positions are not fixed;
                    (D) surveillance video taken by such cameras is 
                able to be viewed at multiple designated communications 
                centers;
                    (E) a standard process is used to collect, catalog, 
                and report intrusion and response data collected under 
                the Program;
                    (F) future remote surveillance technology 
                investments and upgrades for the Program can be 
                integrated with existing systems;
                    (G) performance measures are developed and applied 
                that can evaluate whether the Program is providing 
                desired results and increasing response effectiveness 
                in monitoring and detecting illegal intrusions along 
                the international borders of the United States;
                    (H) plans are developed under the Program to 
                streamline site selection, site validation, and 
                environmental assessment processes to minimize delays 
                of installing surveillance technology infrastructure;
                    (I) standards are developed under the Program to 
                expand the shared use of existing private and 
                governmental structures to install remote surveillance 
                technology infrastructure where possible; and
                    (J) standards are developed under the Program to 
                identify and deploy the use of nonpermanent or mobile 
                surveillance platforms that will increase the 
                Secretary's mobility and ability to identify illegal 
                border intrusions.
            (3) Report to congress.--Not later than one year after the 
        initial implementation of the Integrated and Automated 
        Surveillance Demonstration Program, the Secretary shall submit 
        to Congress a report regarding the Program. The Secretary shall 
        include in the report a description of the Program together 
        with any recommendation that the Secretary finds appropriate 
        for enhancing or terminating the program.
            (4) Evaluation of contractors.--
                    (A) Requirement for standards.--The Secretary shall 
                develop appropriate standards to evaluate the 
                performance of any contractor providing goods or 
                services to carry out the Integrated and Automated 
                Surveillance Demonstration Program.
                    (B) Review by the inspector general.--
                            (i) In general.--The Inspector General of 
                        the Department shall review each new contract 
                        related to the Program that has a value of more 
                        than $5,000,000 in a timely manner, to 
                        determine whether such contract fully complies 
                        with applicable cost requirements, performance 
                        objectives, program milestones, and schedules.
                            (ii) Reports.--The Inspector General shall 
                        report the findings of each review carried out 
                        under clause (i) to the Secretary in a timely 
                        manner. Not later than 30 days after the date 
                        the Secretary receives a report of findings 
                        from the Inspector General, the Secretary shall 
                        submit to the Committee on Homeland Security 
                        and Governmental Affairs of the Senate and the 
                        Committee on Homeland Security of the House of 
                        Representatives a report of such findings and a 
                        description of any the steps that the Secretary 
                        has taken or plans to take in response to such 
                        findings.
            (5) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as may be necessary to carry out 
        this section.

SEC. 122. BORDER SECURITY SEARCHES OF ELECTRONIC DEVICES.

    (a) Rule.--Not later than 180 days after the date of the enactment 
of this Act, the Secretary, acting through the Commissioner of United 
States Customs and Border Protection, in coordination with the 
Assistant Secretary of Homeland Security for United States Immigration 
and Customs Enforcement and the senior official appointed pursuant to 
section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142), shall 
issue a rule with respect to the scope of and procedural and record 
keeping requirements associated with border security searches of 
electronic devices.
    (b) Content.--The rule issued pursuant to subsection (a) shall 
include the following:
            (1) A requirement that information collected during a 
        border security search of an electronic device that is 
        determined to be commercial information, including trade 
        secrets, information subject to attorney-client privilege, 
        information subject to doctor-patient privilege, or information 
        subject to another privilege or protection shall be handled 
        consistent with the laws, rules, and regulations governing such 
        information and shall not be shared with a Federal, State, 
        local, tribal, or foreign agency unless it is determined that 
        such agency has the mechanisms in place to comply with such 
        laws, rules, and regulations.
            (2) A requirement that authorized agents, to the greatest 
        extent practicable, conduct all border security searches of 
        electronic devices at a port of entry in the presence of a 
        supervisor and, where appropriate, in the presence of the 
        individuals whose electronic devices are subject to such 
        searches.
            (3) A determination of the number of days that an 
        electronic device subjected to a border security search or the 
        information collected from such device may be retained, unless 
        probable cause exists, that prohibits retention exceeding the 
        period necessary to translate, decrypt, or reasonably search 
        such device or information and that requires such information 
        to be destroyed if in the custody of an authorized agent after 
        such number of days.
            (4) A requirement that if information collected from an 
        electronic device subjected to a border security search is 
        copied, shared, retained, or entered into an electronic 
        database, the individual from whose electronic device such 
        information is collected shall receive written notification of 
        such copying, sharing, retention, or entry unless such 
        notification would hinder an investigation involving national 
        security or would meet another criteria established by the 
        Secretary in the rule.
            (5) A requirement that an individual subjected to a border 
        security search of an electronic device shall receive a receipt 
        for such device if such device is removed from the possession 
        of such individual.
            (6) A requirement that an individual subjected to a border 
        security search of an electronic device shall receive notice of 
        how to report abuses or concerns and how to seek redress from 
        the Department of Homeland Security.
            (7) A requirement that information on the rights of 
        individuals with respect to border security searches and 
        Department of Homeland Security redress procedures shall be 
        posted at all ports of entry in locations that are likely to be 
        viewed by individuals subject to border security searches.
            (8) A privacy impact assessment of the rule, as prepared by 
        the senior official appointed pursuant to section 222 of the 
        Homeland Security Act of 2002, that includes recommendations 
        with respect to the copying, sharing, retention, and entry into 
        an electronic database of personally identifiable information 
        collected from electronic devices subjected to a border 
        security search.
            (9) A civil liberties impact assessment of the rule, as 
        prepared by the Officer for Civil Rights and Civil Liberties of 
        the Department of Homeland Security.
    (c) Training and Auditing With Respect to Searches.--
            (1) Training.--The Secretary shall provide each authorized 
        agent with appropriate training to conduct border security 
        searches of electronic devices at ports of entry in accordance 
        with the rule issued pursuant to subsection (a). The training 
        shall include instruction on constitutional, privacy, civil 
        rights, and civil liberties issues related to such searches.
            (2) Auditing.--The Secretary, acting through the Inspector 
        General of the Department of Homeland Security, shall develop 
        and annually administer an auditing mechanism to review whether 
        authorized agents are conducting border security searches of 
        electronic devices at ports of entry in accordance with the 
        rule issued pursuant to subsection (a).
    (d) Report.--Not later than 180 days after the effective date of 
the rule issued pursuant to subsection (a), and quarterly thereafter, 
the Secretary shall submit to the Committee on Homeland Security of the 
House of Representatives and to the Committee on Homeland Security and 
Governmental Affairs of the Senate a report that shall include the 
following:
            (1) A description of the activities of authorized agents 
        with respect to border security searches of electronic devices 
        at ports of entry.
            (2) A description of the manner in which the Department of 
        Homeland Security has complied with this Act.
            (3) The number, by port of entry, of border security 
        searches of electronic devices at ports of entry conducted 
        during the reporting period.
            (4) The number, by port of entry, of instances during the 
        reporting period that information from an electronic device 
        subjected to a border security search was retained, copied, 
        shared, or entered in an electronic database, including the 
        number of electronic devices retained as the result of a border 
        security search.
            (5) The race, ethnicity, national origin, and citizenship 
        of each individual whose electronic device was subjected to a 
        border security at a port of entry search during the reporting 
        period, to determine the existence or absence of racial 
        profiling.
            (6) The number of instances during the reporting period 
        that information collected from an electronic device subjected 
        to a border security search at a port of entry was referred to 
        a law enforcement or intelligence agency for further action, 
        including whether such information resulted in a prosecution or 
        conviction.
    (e) Definitions.--In this section, the following definitions apply:
            (1) Authorized agent.--The term ``authorized agent'' means 
        an agent, officer, or official of United States Customs and 
        Border Protection, United States Immigration and Customs 
        Enforcement, or any other office or agency of the Department of 
        Homeland Security who is authorized to conduct a border 
        security search.
            (2) Border security search.--The term ``border security 
        search'' means a search by an authorized agent of persons, 
        baggage, or cargo entering, departing, or passing through the 
        United States through any port of entry.
            (3) Electronic device.--The term ``electronic device'' 
        means an electronic, magnetic, optical, electrochemical, or 
        other high-speed data processing device performing logical, 
        arithmetic, or storage functions, such as a computer, a 
        cellular telephone, or any other device used for electronic 
        communication or for storing electronic, digital or analog 
        data, and which includes any data storage facility or 
        communications facility directly related to or operating in 
        conjunction with such device.

SEC. 123. BORDER RELIEF GRANT PROGRAM.

    (a) Grants Authorized.--
            (1) In general.--The Attorney General is authorized to 
        award grants to--
                    (A) eligible law enforcement agencies, or a 
                coalition of such agencies, including sheriff's 
                offices, police departments and tribal police 
                departments; and
                    (B) institutions of higher education that provide 
                assistance to law enforcement agencies in counties 
                described in subparagraph (A) or (B) of subsection 
                (d)(1) to provide the resources described in subsection 
                (b)(4).
            (2) Competitive basis.--The Attorney General shall award 
        grants under this section on a competitive basis.
            (3) Priority.--In awarding grants for the uses described in 
        paragraphs (1) through (3) of subsection (b), the Attorney 
        General shall give priority to law enforcement agencies:
                    (A) located in a county that is within 100 miles 
                from the United States border with Mexico or Canada; 
                and
                    (B) in compliance with Federal and State racial 
                profiling laws and guidelines.
            (4) Duration.--Grants awarded under this section shall not 
        exceed two years. Prior awardees must reapply to be considered 
        for continued funding.
            (5) Prohibition.--The Attorney General shall not award a 
        grant to any applicant that is under investigation for 
        violations of federal or state racial profiling laws or 
        guidelines.
    (b) Use of Funds.--Grants awarded under this section may only be 
used to provide additional resources for eligible law enforcement 
agencies to address drug-related criminal activity, and for the 
training and assistance described in paragraph (4) for organizations 
described in subsection (a)(3), including resources to--
            (1) combat criminal activities along the Northern and 
        Southern border by--
                    (A) obtaining, upgrading, or maintain equipment;
                    (B) hiring additional personnel;
                    (C) reimbursing operational expenditures, including 
                overtime and transportation costs; and
                    (D) providing other assistance necessary to address 
                drug-related criminal activity;
            (2) facilitate information sharing and collaboration by--
                    (A) establishing, maintaining, or enhancing multi-
                jurisdictional intelligence gathering and sharing 
                activities;
                    (B) facilitating regional crime prevention and 
                reduction efforts; and
                    (C) strengthening partnerships between Federal, 
                tribal, State, and local law enforcement agencies;
            (3) enhance jails, community corrections, and detention 
        operations by--
                    (A) improving the administration and operations of 
                correction functions related to reducing and preventing 
                criminal narcotics activity;
                    (B) improving access to intelligence and 
                collaboration between law enforcement and correctional 
                system personnel;
                    (C) reducing the recidivism rates of drug 
                offenders; and
                    (D) hiring detention, probation, parole, and other 
                corrections personnel for implementation of the efforts 
                described in this paragraph; and
            (4) provide training and technical assistance, including 
        training and assistance related to--
                    (A) narcotics-related kidnapping negotiation and 
                rescue tactics;
                    (B) intelligence and information sharing on drug 
                trafficking organizations; and
                    (C) the interdiction of narcotics, weapons, and 
                illegal drug proceeds.
    (c) Application.--
            (1) In general.--Each eligible law enforcement agency, or 
        coalition of such agencies, seeking a grant under this section 
        shall submit an application to the Attorney General at such 
        time, in such manner, and accompanied by such information as 
        the Attorney General may reasonably require.
            (2) Contents.--Each application submitted under paragraph 
        (1) shall--
                    (A) describe the activities for which assistance 
                under this section is sought;
                    (B) disclose whether the applicant has ever been 
                investigated for or convicted of violation of Federal 
                or State racial profiling laws or guidelines; and
                    (C) provide such additional assurances as the 
                Attorney General determines to be essential to ensure 
                compliance with the requirements under this section.
    (d) Monitoring and Oversight.--
            (1) Each grantee shall submit to the Attorney General 
        documentation of the use of grant funds, including an 
        assessment of their utility in protecting border community 
        safety, the prevention of smuggling activities, and the 
        apprehension of persons involved in violence and organized 
        crime.
            (2) These reports will determine whether the grantee uses 
        funds appropriately and should be considered for a renewal 
        grant.
    (e) Definitions.--In this section:
            (1) Eligible law enforcement agency.--The term ``eligible 
        law enforcement agency'' means a tribal, State, or local law 
        enforcement agency, including a community corrections agency 
        and any agency that employs prosecutors, probation officers, or 
        parole officers, which is located or performs duties in--
                    (A) a county that is not more than 100 miles from a 
                United States border with Mexico;
                    (B) a county that is not more than 100 miles from a 
                United States border with Canada; or
                    (C) a jurisdiction that has been designated by the 
                Director of the Office of Drug Control Policy as a High 
                Intensity Drug Trafficking Area.
            (2) High intensity drug trafficking area.--The term ``High 
        Intensity Drug Trafficking Area'' means any jurisdiction 
        designated as a ``High Intensity Drug Trafficking Area'' by the 
        National Drug Control Program under section 707 of the Office 
        of National Drug Control Policy Reauthorization Act of 1998 (21 
        U.S.C. 1706).
    (f) Assessment and Report.--The Attorney General shall submit a bi-
annual report assessing the success of the program in combating and 
reducing drug-trafficking and drug-related criminal activity, cost-
effectiveness of the program, and future value and viability of the 
program to--
            (1) the Committee on the Judiciary of the House of 
        Representatives; and
            (2) the Committee on the Judiciary of the Senate.
    (g) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated 
        $100,000,000 for each of the fiscal years 2011 through 2015 to 
        carry out the provisions of this section.
            (2) Allocation of authorized funds.--Of the amounts 
        appropriated pursuant to paragraph (1)--
                    (A) not more than 33 percent may be set aside for 
                High Intensity Drug Trafficking Areas; and
                    (B) not more than 30 percent may be used for 
                activities described in paragraphs (3) and (4) of 
                subsection (b).
            (3) Supplement not supplant.--Amounts appropriated for 
        grants pursuant to paragraph (1) shall be used to supplement 
        and not to supplant other tribal, State, and local public funds 
        obligated for the purposes provided under this section.

SEC. 124. NORTHERN AND SOUTHERN BORDER DRUG PROSECUTION INITIATIVE.

    (a) Reimbursement to State and Local Prosecutors for Prosecuting 
Federally Initiated Drug Cases.--The Attorney General shall, subject to 
the availability of appropriations, reimburse State and county 
prosecutors located in States along the Northern or Southern border of 
the United States for prosecuting federally initiated and referred drug 
cases.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as necessary for each of the fiscal years 2011 
through 2015 to carry out subsection (a).

SEC. 125. OPERATION STREAMLINE PROSECUTION INITIATIVE.

    (a) Suspension of Operation Streamline.--The Secretary shall 
suspend the program pending submission of the report in subsection (b) 
to the relevant congressional committees in subsection (c) and a 
revaluation of the program's future viability.
    (b) Reporting Requirement.--Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Homeland Security, in 
coordination with the Attorney General, shall submit a report to the 
relevant congressional committees set forth in subsection (c) that 
provides details about--
            (1) operational goals and oversight mechanisms of 
        ``Operation Streamline'' and similar programs;
            (2) costs of seeking Federal court prosecution and jail 
        time for all illegal entrants prior to referral to immigration 
        court removal proceedings, as compared to initial referral of 
        such entrants to immigration courts upon apprehension;
            (3) costs of detentions, prosecutions, and incarcerations 
        for immigrant offenses under Operation Streamline programs over 
        the three years prior to enactment of this Act;
            (4) cost estimates for federal resources that would be 
        necessary to implement Operation Streamline effectively in each 
        Border Patrol sector, including sufficient judicial resources, 
        Federal Public Defenders, U.S. Marshals, detention facilities, 
        United States Attorneys, and costs already being incurred in 
        active areas;
            (5) the impact of Operation Streamline programs on federal 
        prosecutorial initiatives focused on curbing border violence, 
        including enhanced use of investigations and prosecutions for 
        money laundering or other financial offenses to disrupt the 
        illicit firearms trade, human smuggling, and cross-border drug 
        and currency trafficking;
            (6) the impact of Operation Streamline programs on 
        discretionary prosecutorial decisions;
            (7) the numbers of Federal prosecutions for drug 
        trafficking, human smuggling, white-collar, civil rights, 
        environmental, and other criminal cases over the three years 
        prior to enactment of this Act in areas utilizing Operation 
        Streamline initiatives;
            (8) lengths of imprisonment, names, convictions, and 
        locations of prisons used for those arrested under Operation 
        Streamline programs over the three years prior to enactment of 
        this Act;
            (9) Federal convictions obtained under Operation Streamline 
        including number of non-violent immigration offenses;
            (10) comparison of rates of Federal prosecutions and 
        convictions in districts along the southern border in relation 
        to other districts nationwide; and
            (11) interviews with criminal defense attorneys who have 
        represented defendants charged under Operation Streamline, 
        including review of the opportunity of arrestees to consult 
        with immigration attorneys prior to conviction, and the ratio 
        of defendants to defense attorneys.
    (c) Relevant Congressional Committees in This Section.--
            (1) The Committee on Appropriations of the Senate.
            (2) The Committee on the Judiciary of the Senate.
            (3) The Committee on Appropriations of the House of 
        Representatives.
            (4) The Committee on the Judiciary of the House of 
        Representatives.
            (5) The Committee on Homeland Security and Governmental 
        Affairs of the Senate.
            (6) The Committee on Homeland Security of the House of 
        Representatives.
    (d) Re-evaluation of Program.--The Secretary of Homeland Security, 
in coordination with the Attorney General, shall have 180 additional 
days, after submission of the report in subsection (b) to the relevant 
congressional committees, to re-evaluate the future viability of the 
program. At the end of the 180 day period, the Secretary shall 
determine whether to continue or terminate the program.

SEC. 126. PROJECT GUNRUNNER.

    (a) In General.--The Attorney General shall dedicate and expand the 
resources provided for the Project Gunrunner initiative of the Bureau 
of Alcohol, Tobacco, Firearms, and Explosives to identify, investigate, 
and prosecute individuals involved in the trafficking of firearms 
across the international border between the United States and Mexico.
    (b) Activities.--In carrying out this section, the Attorney General 
shall
            (1) assign additional agents of the Bureau of Alcohol, 
        Tobacco, Firearms, and Explosives to the area of the United 
        States adjacent to the international border between the United 
        States and Mexico to support the expansion of Project Gunrunner 
        teams;
            (2) establish not fewer than one Project Gunrunner team in 
        each State along the international border between the United 
        States and Mexico; and
            (3) coordinate with the heads of other relevant Federal law 
        enforcement agencies and State and local law enforcement 
        agencies to address firearms trafficking in a comprehensive 
        manner.
    (c) Additional Staff.--The Attorney General may hire Bureau of 
Alcohol, Tobacco, Firearms, and Explosives agents for, and otherwise 
expend additional resources needed to adequately support, Project 
Gunrunner.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated $15,000,000 for each of fiscal years 2011 and 2015 to 
carry out this section.

SEC. 127. OPERATION ARMAS CRUZADAS.

    (a) In General.--In accordance with subsection (b), the Secretary 
of Homeland Security shall dedicate and expand the resources provided 
for Operation Armas Cruzadas of United States Immigration and Customs 
Enforcement (ICE) to identify, investigate, and prosecute individuals 
involved in the trafficking and smuggling of firearms across the 
international border between the United States and Mexico.
    (b) Resources.--To achieve the goal described in subsection (a), 
the Secretary of Homeland Security shall--
            (1) increase the number of ICE agents assigned to Operation 
        Armas Cruzadas over the number of such agents who are so 
        assigned as of the date of the enactment of this section;
            (2) increase the number of Border Enforcement Security Task 
        Force (BEST) teams stationed along the border over the number 
        of such teams so stationed as of the date of the enactment of 
        this section; and
            (3) coordinate with the heads of other relevant Federal, 
        State, and local law enforcement agencies to address firearms 
        trafficking in a comprehensive manner.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated $15,000,000 for each of fiscal years 2011 and 2012 to 
carry out this section.

SEC. 128. COMBATING HUMAN SMUGGLING.

    (a) Requirement for Plan.--The Secretary shall develop and 
implement a plan to improve coordination among United States 
Immigration and Customs Enforcement and United States Customs and 
Border Protection and any other Federal, State, local, or tribal 
authorities, as determined appropriate by the Secretary, to improve 
coordination efforts to combat human smuggling.
    (b) Content.--In developing the plan required by subsection (a), 
the Secretary shall consider--
            (1) the interoperability of databases utilized to prevent 
        human smuggling;
            (2) adequate and effective personnel training, including 
        methods to ascertain crime victims and vulnerable populations 
        as described in subtitle B of this title;
            (3) methods and programs to effectively target networks 
        that engage in such smuggling;
            (4) effective utilization of--
                    (A) visas for victims of trafficking and other 
                crimes; and
                    (B) investigatory techniques, equipment, and 
                procedures that prevent, detect, and prosecute 
                international money laundering and other operations 
                that are utilized in smuggling;
            (5) joint measures, with the Secretary of State, to enhance 
        intelligence sharing and cooperation with foreign governments 
        whose citizens are preyed on by human smugglers; and
            (6) other measures that the Secretary considers appropriate 
        to combat human smuggling.
    (c) Report.--Not later than one year after implementing the plan 
described in subsection (a), the Secretary shall submit to Congress a 
report on such plan, including any recommendations for legislative 
action to improve efforts to combating human smuggling.

SEC. 129. REPORT ON DEATHS AND STRATEGY STUDY.

    (a) In General.--The Commissioner of the United States Customs and 
Border Protection shall do the following:
            (1) Collection of statistics.--Collect statistics relating 
        to deaths occurring at the border between the United States and 
        Mexico, including--
                    (A) the causes of the deaths; and
                    (B) the total number of deaths.
            (2) Publication of statistics.--Publish the statistics 
        collected in paragraph (1) quarterly.
            (3) Report.--Not later than 1 year after the date of 
        enactment of this Act, and annually thereafter, submit to the 
        Secretary a report that--
                    (A) analyzes trends with respect to the statistics 
                collected under subsection (a) during the preceding 
                year; and
                    (B) recommends actions to reduce and prevent the 
                deaths described in subsection (a).
    (b) Southwest Border Strategy Study & Analysis.--The Secretary 
shall conduct a study of Southwest Border Enforcement operations since 
1994 and its relationship to death rates on the US-Mexico border.
            (1) Substance.--The study shall include--
                    (A) an analysis on the relationship of border 
                enforcement and deaths on the border;
                    (B) an analysis of whether physical barriers, 
                technology, and enforcement programs have contributed 
                to the rate of migrant deaths;
                    (C) an analysis of the effectiveness of 
                geographical terrain as a natural barrier for entry 
                into the United States in achieving Department goals 
                and its role in contributing to rates of migrant 
                deaths; and
                    (D) consultation with nongovernmental organizations 
                and other community stakeholders involved in recovering 
                and identifying migrant deaths; and
                    (E) an assessment of existing protocol related to 
                reporting, tracking and inter-agency communications 
                between CBP and local first responders and consular 
                services.
            (2) Report.--The studies shall be submitted to--
            (3) the United States-Mexico Border Enforcement Commission 
        as established in section 130;
            (4) the Committee on Homeland Security and Governmental 
        Affairs and the Committee on the Judiciary of the Senate;
            (5) the Committee on Homeland Security and the Committee on 
        the Judiciary of the House of Representatives; and
            (6) the Committee on Oversight and Government Reform of the 
        House of Representatives.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

SEC. 130. UNITED STATES-MEXICO BORDER ENFORCEMENT COMMISSION.

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

SEC. 131. PROHIBITION ON MILITARY INVOLVEMENT IN NONEMERGENCY BORDER 
              ENFORCEMENT.

    (a) In General.--The Armed Forces of the United States, including 
the National Guard, are prohibited from assisting in Federal, State and 
local and civilian law enforcement of immigration laws.
    (b) Exception.--The Armed Forces of the United States, including 
the National Guard may assist in Federal, State and local and civilian 
law enforcement of immigration laws when the President of the United 
States has declared a national emergency or when required for specific 
counter-terrorism duties. In the case that, Armed Forces of the United 
States, including the National Guard are required to perform such 
duties, those duties in support of Federal, State and local and 
civilian law enforcement of immigration laws shall be limited to--
            (1) rear echelon support duties, including logistical 
        support, construction, and intelligence collection from 
        positions at least 25 miles from the border;
            (2) nonarmed operations within 25 miles of the border, 
        including listening posts and observation post operations; and
            (3) armed operations outside 25 miles of the border, 
        including listening posts and observation post operations.
    (c) Report.--The Secretary shall submit on an annual basis a report 
to Congress that details the involvement of the Armed Forces in border 
security and the enforcement of Federal immigration laws.

SEC. 132. DEFINITIONS.

    For sections 124 through 128:
     (a) Indian Tribe.--The term ``Indian tribe'' has the meaning given 
such term in section 4 of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450b).
    (b) Secretary Concerned.--The term ``Secretary concerned'' means 
the Secretary of Agriculture with respect to land under the 
jurisdiction of the Secretary of Agriculture, the Secretary of the 
Interior with respect to land under the jurisdiction of the Secretary 
of the Interior, the Secretary of Defense with respect to land under 
the jurisdiction of the Secretary of Defense or the secretary of a 
military department, or the Secretary of Commerce with respect to land 
under the jurisdiction of the Secretary of Commerce.

SEC. 133. BORDER PROTECTION STRATEGY.

    (a) In General.--Not later than September 30, 2010, the Secretary, 
the Secretary of the Interior, the Secretary of Agriculture, the 
Secretary of Defense, and the Secretary of Commerce, in consultation 
with tribal, State, and local officials, shall jointly develop and 
submit to Congress a border protection strategy for the international 
land borders of the United States.
    (b) Elements of the Strategy.--The strategy developed in accordance 
with subsection (a) shall include the following components:
            (1) A comparative analysis of the levels of operational 
        control, based on auditable and verifiable data, achievable 
        through alternative tactical infrastructure and other security 
        measures. Measures assessed shall include, at a minimum--
                    (A) pedestrian fencing;
                    (B) vehicle barriers, especially in the vicinity of 
                existing or planned roads;
                    (C) additional Border Patrol agents;
                    (D) efficacy of natural barriers and open space in 
                response to unauthorized or unlawful border crossing;
                    (E) fielding of advanced remote sensing and 
                information integration technology, including the use 
                of unmanned aerial vehicles and other advanced 
                technologies and systems, including systems developed 
                and employed, or under development, for tactical 
                surveillance, multisource information integration, and 
                response analysis in difficult terrain and under 
                adverse environmental conditions;
                    (F) regional as well as urban and rural variation 
                in border security methodologies, and incorporation of 
                natural barriers;
                    (G) enhanced cooperation with, and assistance to, 
                intelligence, security, and law enforcement agencies in 
                Mexico and Canada in detecting, reporting, analyzing, 
                and successfully responding to unauthorized or unlawful 
                border crossings from or into Mexico or Canada; and
                    (H) removal of obstructive non-native vegetation.
            (2) A comprehensive analysis of cost and other impacts of 
        security measures assessed in paragraph (1), including an 
        assessment of--
                    (A) land acquisition costs, including related 
                litigation and other costs;
                    (B) construction costs, including both labor and 
                material costs;
                    (C) maintenance costs over 25 years;
                    (D) contractor costs;
                    (E) management and overhead costs;
                    (F) the impacts on wildlife, wildlife habitat, 
                natural communities, and functioning cross-border 
                wildlife migration corridors and hydrology (including 
                water quantity, quality, and natural hydrologic flows) 
                on Federal, tribal, State, local, and private lands 
                along the border; and
                    (G) costs of fully mitigating the adverse impacts 
                to Federal, tribal, State, local, and private lands, 
                waters (including water quality, quantity, and 
                hydrological flows), wildlife, and wildlife habitats, 
                including, where such action is possible, the full 
                costs of the replacement or restoration of severed 
                wildlife migration corridors with protected corridors 
                of equivalent biological functionality, as determined 
                by each Secretary concerned, in consultation with 
                appropriate authorities of tribal, State, and local 
                governments and appropriate authorities of Mexico and 
                Canada.
            (3) A comprehensive compilation of the fiscal investments 
        in acquiring or managing Federal, tribal, State, local, and 
        private lands and waters in the vicinity of, or ecologically 
        related to, the land borders of the United States that have 
        been acquired or managed in whole or in part for conservation 
        purposes (including the creation or management of protected 
        wildlife migration corridors) in--
                    (A) units of the National Park System;
                    (B) National Forest System land;
                    (C) land under the jurisdiction of the Bureau of 
                Land Management;
                    (D) land under the jurisdiction of the United 
                States Fish and Wildlife Service;
                    (E) other relevant land under the jurisdiction of 
                the Department of the Interior or the Department of 
                Agriculture;
                    (F) land under the jurisdiction of the Department 
                of Defense or the individual military department;
                    (G) land under the jurisdiction of the Department 
                of Commerce;
                    (H) tribal lands;
                    (I) State and private lands; and
                    (J) lands within Mexico and Canada.
            (4) Recommendations for strategic border security 
        management based on comparative security as detailed in 
        paragraph (1), the cost-benefit analysis as detailed in 
        paragraph (2), as well as protection of investments in public 
        lands specified in paragraph (3).
    (c) Training.--
            (1) Required training.--The Secretary, in cooperation with 
        the Secretary concerned, shall provide--
                    (A) natural resource protection training for 
                Customs and Border Protection agents or other Federal 
                personnel assigned to plan or oversee the construction 
                or operation of border security tactical infrastructure 
                or to patrol land along or in the vicinity of a land 
                border of the United States; and
                    (B) cultural resource training for Customs and 
                Border Protection agents and other Federal personnel 
                assigned to plan or oversee the construction or 
                operation of border security tactical infrastructure or 
                to patrol tribal lands.
            (2) Additional considerations.--In developing and providing 
        training under subparagraph (A) of paragraph (1), the Secretary 
        shall coordinate with the Secretary concerned and the relevant 
        tribal government to ensure that such training is appropriate 
        to the mission of the relevant agency and is focused on 
        achieving border security objectives while avoiding or 
        minimizing the adverse impact on natural and cultural resources 
        resulting from border security tactical infrastructure, 
        operations, or other activities.

SEC. 134. ACTIONS TO FURTHER SECURE OPERATIONAL CONTROL OF THE 
              INTERNATIONAL LAND BORDERS OF THE UNITED STATES.

    (a) In General.--Section 102 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1103 
note) is amended to read as follows:

``SEC. 102. IMPROVEMENT OF OPERATIONAL CONTROL OF BORDER.

    ``(a) In General.--The Secretary of Homeland Security shall take 
such actions as may be required to gain operational control of the 
international land borders of the United States. Such actions may be 
taken only in accordance with the border protection strategy developed 
under section 124(a).
    ``(b) Priority of Methods.--In carrying out the requirements of 
subsection (a), the Secretary of Homeland Security shall, where 
practicable, give first priority to the use of remote cameras, sensors, 
removal of nonnative vegetation, incorporation of natural barriers, 
additional manpower, unmanned aerial vehicles, or other low impact 
border enforcement techniques.
    ``(c) Consultation.--
            ``(1) In general.--In carrying out this section, the 
        Secretary of Homeland Security shall consult with the Secretary 
        of the Interior, the Secretary of Agriculture, the Secretary of 
        Defense, Secretary of Commerce, States, local governments, 
        tribal governments, and private property owners in the United 
        States to minimize the impact on the environment, culture, 
        commerce, safety, and quality of life for the communities and 
        residents located near the sites at which actions under 
        subsection (a) are proposed to be taken.
            ``(2) Rule of construction.--Nothing in this subsection may 
        be construed to--
                    ``(A) create or negate any right of action for a 
                State, local government, tribal government, or other 
                person or entity affected by this subsection;
                    ``(B) affect the eminent domain laws of the United 
                States or of any State; or
                    ``(C) waive the application of any other applicable 
                Federal, State, local, or tribal law.
            ``(3) Limitation on requirements.--Notwithstanding 
        subsection (a), nothing in this section shall require the 
        Secretary of Homeland Security to install fencing, physical 
        barriers, roads, lighting, cameras, or sensors in a particular 
        location along an international border of the United States if 
        the Secretary determines that the use or placement of such 
        resources is not the most effective and appropriate means to 
        achieve and maintain operational control over the international 
        border at such location, or if the Secretary determines that 
        the direct and indirect costs of or the impacts on the 
        environment, culture, commerce, safety, or quality of life for 
        the communities and residents along the border likely to result 
        from the use or placement of such resources outweigh the 
        benefits of such use or placement.''.
    (b) Preconditions.--In fulfilling the requirements of section 102 
of the Illegal Immigration Reform and Immigrant Responsibility Act of 
1996, as amended by this section, the Secretary of Homeland Security 
shall not commence any construction of fencing, physical barriers, 
roads, lighting, cameras, sensors, or other tactical infrastructure 
along or in the vicinity of an international land border of the United 
States, or award or expend funds pursuant to any contract or other 
agreement related thereto, prior to 90 days following the submission to 
Congress of the border protection strategy required under section 
133(a) of this subtitle.

SEC. 135. BORDERLANDS MONITORING AND MITIGATION.

    (a) In General.--The Secretary, in consultation with the Secretary 
of the Interior, the Secretary of Agriculture, the Secretary of 
Defense, the Secretary of Commerce, and the heads of appropriate State 
and tribal wildlife agencies and entities, shall develop and implement 
a comprehensive monitoring and mitigation plan to address the 
ecological and environmental impacts of border security infrastructure, 
measures, and activities along the international land borders of the 
United States.
    (b) Requirements.--The mitigation plan required under subsection 
(a) shall include, at a minimum, measures to address and mitigate the 
full range of ecological and environmental impacts of border security 
infrastructure, measures, and activities, including--
            (1) preserving, maintaining, and, if necessary, restoring 
        wildlife migration corridors, key habitats, and the 
        ecologically functional connectivity between and among key 
        habitats sufficient to ensure that species (whether or not 
        designated as rare, protected, or of concern) remain viable and 
        are able to adapt to the impacts of climate change;
            (2) addressing control of invasive species and implementing 
        measures necessary to avoid the spread of such species;
            (3) maintaining hydrological functionality, including water 
        quantity and quality;
            (4) incorporating adaptive management, including detailed 
        provisions for long-term monitoring of the mitigation plan's 
        effectiveness and for necessary adjustments to such plan based 
        on such monitoring results; and
            (5) protection of cultural and historical resources.
    (c) Preemption.--
            (1) In general.--Notwithstanding any other provision of 
        law, the Secretary may, subject to paragraph (2), carry out the 
        mitigation plan required under subsection (a) on any Federal, 
        State, local, tribal, or private lands in the vicinity of or 
        ecologically related to an international land border of the 
        United States regardless of which individual, agency, or entity 
        has ownership of or principal responsibility for the management 
        of any such lands.
            (2) Conditions.--Activities carried out pursuant to 
        paragraph (1) in connection with the mitigation plan shall be 
        carried out in full consultation with, and with the concurrence 
        of, the owner of, or entity with principal responsibility for, 
        the management of the lands described in such paragraph.
    (d) Administration.--
            (1) Authorization.--The Secretary of Homeland Security may 
        transfer funds of the Department of Homeland Security to other 
        Federal agencies for--
                    (A) expenditure under programs (including any 
                international programs) of such agencies that are 
                designed to fund conservation related activities 
                (directly or through grants or similar mechanisms) on 
                non-Federal lands, including land acquisition programs; 
                and
                    (B) mitigation activities on Federal lands managed 
                by such agencies, if such activities are required to 
                implement the mitigation plan required under subsection 
                (a) and if the costs of such activities are higher than 
                the costs associated with managing such lands in the 
                absence of such activities.
            (2) Exemption from reprogramming requirements.--Funds 
        transferred pursuant to the authorization under paragraph (1) 
        shall not be subject to reprogramming requirements.
            (3) Acceptance and use of donations.--The Secretary may 
        accept and use donations for the purpose of developing and 
        implementing the mitigation plan required under subsection (a), 
        and may transfer such funds to any other Federal agency for 
        expenditure under such plan pursuant to paragraph (1).
    (e) Authorization of Appropriations.--Notwithstanding any other 
provision of law, funds appropriated to the Department of Homeland 
Security for border security infrastructure and activities may be used 
by the Secretary to develop and implement the mitigation plan required 
under subsection (a).

SEC. 136. BORDER COMMUNITIES LIAISON OFFICE.

    (a) Establishment.--The Secretary shall establish, in consultation 
with the Office of Civil Rights and Civil Liberties, a Border 
Communities Liaison Office in every border patrol sector at the 
southern and northern borders.
    (b) Purpose.--The purpose of the Border Communities Liaison Office 
shall be--
            (1) to foster and institutionalize consultation with border 
        communities;
            (2) to consult with border communities on agency policies, 
        directives and laws;
            (3) to consult with border communities on agency strategies 
        and strategy development;
            (4) to consult with border communities on agency services 
        and operational issues;
            (5) to receive assessments on agency performance from 
        border communities; and
            (6) to receive complaints regarding agency performance and 
        agent conduct.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

SEC. 137. OFFICE OF CIVIL RIGHTS AND CIVIL LIBERTIES AND OFFICE OF 
              INSPECTOR GENERAL.

    There are authorized to be appropriated such sums as are necessary 
for the Department's Office of Inspector General and the Department's 
Office of Civil Rights and Civil Liberties to be comparable to those of 
other Federal agencies and commensurate with the size and scope of the 
DHS operational budget.

SEC. 138. IMPROVING PORTS OF ENTRY FOR BORDER SECURITY AND OTHER 
              PURPOSES.

    (a) In General.--There are authorized to be appropriated to the 
Administrator of the General Services Administration such sums as may 
be necessary for each of fiscal years 2011 through 2015 to make 
improvements to existing ports of entry in the United States to improve 
border security and for other purposes.
    (b) Priority.--In making improvements described in subsection (a), 
the Administrator of the General Services Administration, in 
coordination with the Commissioner of Customs and Border Protection, 
shall give priority to the ports of entry that the Administrator 
determines are in most need of repair to improve border security and 
for other purposes in accordance with port of entry infrastructure 
assessment studies required in section 603 of title VI, division E, of 
the Consolidated Appropriations Act of 2008 (Public Law 101-161).

SEC. 139. PORTS OF ENTRY.

    (a) In General.--In order to aid in the enforcement of Federal 
customs, immigration, and agriculture laws, and national security goals 
the Customs and Border Protection Commissioner may--
            (1) design, construct, and modify land ports of entry and 
        other structures and facilities, including living quarters for 
        officers, agents, and personnel;
            (2) acquire, by purchase, donation, or exchange, land or 
        any interest in land determined to be necessary to carry out 
        the Commissioner's duties under this section; and
            (3) construct additional ports of entry along the southern 
        border and the northern border.
    (b) Consultation.--
            (1) Locations for new ports of entry.--The Secretary of 
        Homeland Security shall consult with the Secretary of the 
        Interior, the Secretary of Agriculture, the Secretary of State, 
        the International Boundary and Water Commission, the 
        International Joint Commission, and appropriate representatives 
        of States, local governments, Indian tribes, and property 
        owners to--
                    (A) determine locations for new ports of entry; and
                    (B) minimize adverse impacts from such ports on the 
                environment, historic and cultural resources, commerce, 
                and quality of life for the communities and residents 
                located near such ports.
            (2) Acquisition of leasehold interest.--The Secretary of 
        Homeland Security may acquire a leasehold interest in real 
        property, and may construct or modify any facility on the 
        leased property, if the Secretary determines that the 
        acquisition of such interest, and such construction or 
        modification, are necessary to facilitate the implementation of 
        this Act.
            (3) Construction of border control facilities.--Subject to 
        the availability of appropriations, the Secretary may construct 
        all-weather roads and acquire additional vehicle barriers and 
        facilities necessary to maintain and enhance operational 
        control of the international borders of the United States.

SEC. 140. PORTS OF ENTRY INFRASTRUCTURE AND OPERATIONS ASSESSMENT 
              STUDY.

    (a) Requirement To Update.--Not later than January 31 of each year, 
the Administrator of General Services shall update the Port of Entry 
Infrastructure and Operations Assessment Study prepared by United 
States Customs and Border Protection in accordance with the matter 
relating to the ports of entry infrastructure assessment that is set 
out in the joint explanatory statement in the conference report 
accompanying H.R. 2490 of the 106th Congress, 1st session (House of 
Representatives Rep. No. 106-319, on page 67) and submit such updated 
study to Congress.
    (b) Consultation.--In preparing the updated studies required in 
subsection (a), the Administrator of General Services shall consult 
with the Director of the Office of Management and Budget, the 
Secretary, and the Commissioner of U.S. Customs and Border Protection.
    (c) Content.--Each updated study required in subsection (a) shall--
            (1) identify port of entry infrastructure and technology 
        improvement projects that would enhance border security and 
        facilitate the flow of legitimate travel and commerce if 
        implemented;
            (2) identify port operations and practices (to include, but 
        not be limited to training and staffing levels) that would 
        enhance border security and facilitate the flow of legitimate 
        individual travel and commerce if implemented;
            (3) establish a process to identify and prioritize needs at 
        ports for shelter from the elements, Americans with Disability 
        Act compliance, and related issues;
            (4) include the projects identified in the National Land 
        Border Ports of Entry Security Plan required by section 141; 
        and
            (5) prioritize the projects described in paragraphs (1), 
        (2), (3), and (4) based on the ability of a project to--
                    (A) fulfill immediate security requirements;
                    (B) facilitate trade across the borders of the 
                United States;
                    (C) facilitate individual travel; and
                    (D) reduce individual and commercial wait times for 
                pedestrians and vehicles.
    (d) Project Implementation.--The Commissioner shall implement the 
infrastructure, operations, and technology improvement projects 
described in subsection (c) in the order of priority assigned to each 
project under paragraph (3) of such subsection.
    (e) Divergence From Priorities.--The Commissioner may diverge from 
the priority order if the Commissioner determines that significantly 
changed circumstances, such as immediate security needs or changes in 
infrastructure in Mexico or Canada, compellingly alter the need for a 
project in the United States.

SEC. 141. NATIONAL LAND BORDER PORTS OF ENTRY SECURITY PLAN.

    (a) In General.--Not later than one year after the date of 
enactment of this Act, and annually thereafter, the Secretary, after 
consultation with representatives of Federal, State, and local law 
enforcement agencies and private entities that are involved in 
international trade across Northern or Southern ports of entry, shall 
submit a National Land Border Ports of Entry Security Plan to Congress.
    (b) Vulnerability Assessment.--
            (1) In general.--The plan required in subsection (a) shall 
        include a vulnerability assessment of each port of entry 
        located on the northern border or the southern border.
            (2) Port security coordinators.--The Secretary may 
        establish 1 or more port security coordinators at each port of 
        entry located on the northern border or the southern border--
                    (A) to assist in conducting a vulnerability 
                assessment at such port; and
                    (B) to provide other assistance with the 
                preparation of the plan required in subsection (a).

SEC. 142. PORTS OF ENTRY TECHNOLOGY DEMONSTRATION PROGRAM.

    (a) Demonstration Program.--The Secretary shall carry out a 
technology demonstration program to--
            (1) test and evaluate new port of entry technologies;
            (2) refine port of entry technologies and operational 
        concepts; and
            (3) train personnel under realistic conditions.
    (b) Technology and Facilities.--
            (1) Technology testing.--Under the technology demonstration 
        program, the Secretary shall test technologies that enhance 
        port of entry operations, including operations related to--
                    (A) inspections;
                    (B) communications;
                    (C) port tracking;
                    (D) identification of persons and cargo;
                    (E) sensory devices;
                    (F) personal detection;
                    (G) decision support; and
                    (H) the detection and identification of weapons, 
                including weapons of mass destruction.
            (2) Development of facilities.--At a demonstration site 
        selected pursuant to subsection (c)(2), the Secretary shall 
        develop facilities to provide appropriate training to law 
        enforcement personnel who have responsibility for border 
        security, including--
                    (A) cross-training among agencies;
                    (B) advanced law enforcement training; and
                    (C) equipment orientation.
    (c) Demonstration Sites.--
            (1) Number.--The Secretary shall carry out the 
        demonstration program at not less than three sites and not more 
        than five sites.
            (2) Selection criteria.--To ensure that at least 1 of the 
        facilities selected as a port of entry demonstration site for 
        the demonstration program has the most up-to-date design, 
        contains sufficient space to conduct the demonstration program, 
        has a traffic volume low enough to easily incorporate new 
        technologies without interrupting normal processing activity, 
        and is able to efficiently carry out demonstration and port of 
        entry operations, at least 1 port of entry selected as a 
        demonstration site shall--
                    (A) have been established not more than 15 years 
                before the date of enactment of this Act;
                    (B) consist of not less than 65 acres, with the 
                possibility of expansion to not less than 25 adjacent 
                acres; and
                    (C) have serviced an average of not more than 
                50,000 vehicles per month during the one-year period 
                ending on the date of enactment of this Act.
    (d) Relationship With Other Agencies.--The Secretary shall permit 
personnel from an appropriate Federal or State agency to utilize a 
demonstration site described in subsection (c) to test technologies 
that enhance port of entry operations, including technologies described 
in subparagraphs (A) through (H) of subsection (b)(1).
    (e) Report.--
            (1) Requirement.--Not later than one year after the date of 
        enactment of this Act, and annually thereafter, the Secretary 
        shall submit to Congress a report on the activities carried out 
        at each demonstration site under the technology demonstration 
        program established under this section.
            (2) Content.--The report submitted under paragraph (1) 
        shall include an assessment by the Secretary of the feasibility 
        of incorporating any demonstrated technology for use throughout 
        United States Customs and Border Protection.

SEC. 143. REPORTS ON IMPROVING THE EXCHANGE OF INFORMATION ON NORTH 
              AMERICAN SECURITY.

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

SEC. 144. SOUTHERN BORDER SECURITY TASK FORCE.

    (a) Establishment.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall 
establish a Southern Border Security Task Force (in this Act referred 
to as the ``Task Force'') to coordinate the efforts of Federal, State, 
and local border and law enforcement officials and task forces to 
protect United States border cities and communities from violence 
associated with drug trafficking, gunrunning, illegal alien smuggling, 
violence, and kidnapping along and across the international border 
between the United States and Mexico.
    (b) Composition and Deployment.--
            (1) Composition.--The Task Force shall be comprised of 
        personnel from--
                    (A) United States Customs and Border Protection;
                    (B) United States Immigration and Customs 
                Enforcement;
                    (C) the Coast Guard;
                    (D) other Federal agencies, as appropriate;
                    (E) southern border State law enforcement agencies; 
                and
                    (F) local law enforcement agencies from affected 
                southern border cities and communities.
            (2) Deployment.--The Secretary of Homeland Security shall 
        deploy the Task Force along the international border between 
        the United States and Mexico in cities and communities most 
        affected by violence, as determined by the Secretary.
    (c) Director.--The Secretary of Homeland Security shall appoint as 
a Director of the Task Force an individual who is experienced and 
knowledgeable in law enforcement generally and border security issues 
specifically.
    (d) Report.--Not later than 180 days after the date of the 
establishment of the Task Force under subsection (a) and annually 
thereafter, the Secretary of Homeland Security shall submit to the 
Committee on Homeland Security of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs of the Senate a 
report on the effectiveness of the Task Force in reducing the drug 
trafficking, gunrunning, illegal alien smuggling, violence, and 
kidnapping along and across the international border between the United 
States and Mexico as measured by crime statistics, including violent 
deaths, incidents of violence, and drug related arrests.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of Homeland Security $10,000,000 for each 
of fiscal years 2010 through 2014--
            (1) to establish and operate the Task Force, including to 
        provide for operational, administrative, and technological 
        costs to Federal, State, and local law enforcement agencies 
        participating in the Task Force; and
            (2) to investigate, apprehend, and prosecute individuals 
        engaged in drug trafficking, gunrunning, illegal alien 
        smuggling, violence, and kidnapping along and across the 
        international border between the United States and Mexico.

SEC. 145. COOPERATION WITH THE GOVERNMENT OF MEXICO.

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

SEC. 146. ENHANCED INTERNATIONAL COOPERATION.

    (a) In General.--The Attorney General, in cooperation with the 
Secretary of State, shall--
            (1) assign agents of the Bureau of Alcohol, Tobacco, 
        Firearms, and Explosives to the United States mission in 
        Mexico, to work with Mexican law enforcement agencies in 
        conducting investigations relating to firearms trafficking and 
        other criminal enterprises;
            (2) provide the equipment and technological resources 
        necessary to support investigations and to trace firearms 
        recovered in Mexico; and
            (3) support the training of Mexican law enforcement 
        officers in serial number restoration techniques, canine 
        explosive detection, and anti-trafficking tactics.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated $9,500,000 for each of fiscal years 2011 and 2012 to carry 
out this section.

SEC. 147. EXPANSION OF COMMERCE SECURITY PROGRAMS.

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

SEC. 148. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--In addition to any funds otherwise available, 
there are authorized to be appropriated such sums as may be necessary 
for the fiscal years 2011 through 2015 to carry out this subtitle.
    (b) International Agreements.--Amounts appropriated pursuant to the 
authorization of appropriations in subsection (a) may be used for the 
implementation of projects described in the Declaration on Embracing 
Technology and Cooperation to Promote the Secure and Efficient Flow of 
People and Commerce across our Shared Border between the United States 
and Mexico, agreed to March 22, 2002, Monterrey, Mexico or the Smart 
Border Declaration between the United States and Canada, agreed to 
December 12, 2001, Ottawa, Canada that are consistent with the 
provisions of this subtitle.

                         Subtitle B--Detention

SEC. 151. DEFINITIONS.

    In this subtitle:
            (1) Detention.--The term ``detention'', in the context of 
        an immigration-related enforcement activity, means government 
        custody or any other deprivation of an individual's freedom of 
        movement by government agents.
            (2) Detention facility.--The term ``detention facility'' 
        means any Federal, State, local government facility, or 
        privately owned and operated facility that is used to hold 
        immigration detainees for more than 72 hours.
            (3) Short-term detention facility.--The term ``short-term 
        detention facility'' means any Federal, State, local government 
        facility, or privately owned and operated facility that is used 
        to hold immigration detainees for 72 hours or less.
            (4) Immigration-related enforcement activity.--The term 
        ``immigration-related enforcement activity'' means any 
        government action in which--
                    (A) an individual suspected of an immigration 
                violation is detained for such violation; or
                    (B) an individual who has been detained by 
                government agents is questioned about possible 
                immigration violations.
            (5) Secure alternatives programs.--The term ``secure 
        alternatives'' means custodial or non-custodial programs under 
        which aliens are screened and provided with appearance 
        assistance services or placed in supervision programs as needed 
        to ensure they appear at all immigration interviews, 
        appointments and hearings.
            (6) Unaccompanied alien children.--The term ``unaccompanied 
        alien child or children'' shall be defined as found in section 
        462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g))
            (7) Apprehension.--The term ``apprehension'', in the 
        context of an immigration enforcement related activity, means 
        government detention, arrest, or custody, or any significant 
        deprivation of an individuals freedom of action by government 
        officials or entities acting under agreement with the 
        Department of Homeland Security for suspicion of violations 
        under the Immigration and Nationality Act (8 U.S.C. 1101 et 
        seq.).
            (8) SSA.--The term ``SSA'' means the appropriate State or 
        local service agency, including relevant nongovernmental 
        organizations, child welfare agencies, child protective service 
        agencies, school and head start administrators, mental health 
        and legal service providers, and hospitals.

SEC. 152. DETENTION CONDITIONS.

    (a) In General.--The Secretary shall--
            (1) ensure that all detainees are treated humanely and 
        granted the protections described in this section; and
            (2) comply with the minimum requirements set forth in this 
        section.
    (b) Quality of Medical Care.--
            (1) Right to medical care.--Each detainee has the right 
        to--
                    (A) prompt and adequate medical care, designed to 
                ensure continuity of care, at no cost to the detainee;
                    (B) care to address medical needs that existed 
                prior to detention; and
                    (C) primary care, emergency care, chronic care, 
                prenatal care, dental care, eye care, mental health 
                care, and other medically necessary specialized care.
            (2) Screenings and examinations.--Each detainee shall 
        receive--
                    (A) a comprehensive medical, dental, and mental 
                health intake screening, including screening for sexual 
                abuse or assault by a licensed health care professional 
                upon arrival at a detention facility or short-term 
                detention facility; and
                    (B) a comprehensive medical and mental health 
                examination by a licensed health care professional not 
                later than 14 days after the detainee's arrival at a 
                detention facility.
            (3) Medications and treatment.--
                    (A) Prescriptions.--Each detainee taking prescribed 
                medications prior to detention shall be allowed to 
                continue taking such medications, on schedule and 
                without interruption, until and unless a licensed 
                health care professional examines the immigration 
                detainee and decides upon an alternative course of 
                treatment. Detainees who arrive at a detention facility 
                without prescription medications and report being on 
                such medications shall be evaluated by a qualified 
                health care professional not later than 24 hours after 
                arrival. All decisions to discontinue or modify a 
                detainee's reported prescription medication regimen 
                shall be conveyed to the detainee in a language that 
                the detainee understands and shall be recorded in 
                writing in the detainee's medical records.
                    (B) Psychotropic medication.--Medication may not be 
                forcibly administered to a detainee to facilitate 
                transport, removal, or otherwise to control the 
                detainee's behavior. Involuntary psychotropic 
                medication may only be used, to the extent authorized 
                by applicable law, in emergency situations after a 
                physician has personally examined the detainee and 
                determined that--
                            (i) the detainee is imminently dangerous to 
                        self or others due to a mental illness; and
                            (ii) involuntary psychotropic medication is 
                        medically appropriate to treat the mental 
                        illness and necessary to prevent harm.
                    (C) Treatment.--Each detainee shall be provided 
                medically necessary treatment, including prenatal care, 
                prenatal vitamins, hormonal therapies, and birth 
                control. Female detainees shall be provided with 
                adequate access to sanitary products.
            (4) Medical care decisions.--Any decision regarding 
        requested medical care for a detainee--
                    (A) shall be made in writing by an on-site licensed 
                health care professional not later than 72 hours after 
                such medical care is requested; and
                    (B) shall be immediately communicated to the 
                detainee.
            (5) Administrative appeals process.--
                    (A) In general.--Detention facilities, in 
                conjunction with the Department of Homeland Security, 
                shall ensure that detainees, medical providers, and 
                legally appointed advocates have the opportunity to 
                appeal a denial of requested health care services by an 
                on-site provider to an independent appeals board.
                    (B) Appeals board.--The appeals board shall include 
                health care professionals in the fields relevant to the 
                request for medical or mental health care.
                    (C) Decision.--Not later than 7 days after an 
                appeal is received by the appeals board under this 
                paragraph, or earlier if medically necessary, the 
                appeals board shall issue a written decision regarding 
                the appeal and notify the detention facility and the 
                appellee of such decision.
            (6) Review of on-site medical provider requests.--
                    (A) In general.--The Secretary shall respond within 
                72 hours to any request by an on-site medical provider 
                for authorization to provide medical or mental health 
                care to a detainee.
                    (B) Written explanation.--If the Secretary denies 
                or fails to grant a request described in subparagraph 
                (A), the Secretary shall immediately provide a written 
                explanation of the reasons for such decision to the on-
                site medical provider and the detainee.
                    (C) Appeals board.--The on-site medical provider 
                and the detainee (or the detainee's legally appointed 
                advocate) shall be permitted to appeal the denial of, 
                or failure to grant, a request described in 
                subparagraph (A) to an independent appeals board.
                    (D) Decision.--Not later than 7 days after an 
                appeal is received by the appeals board under this 
                paragraph, or earlier if medically necessary, the 
                appeals board shall issue a written decision regarding 
                the appeal and notify the on-site medical provider, the 
                detainee, and the detention facility of such decision.
            (7) Conditional release.--
                    (A) In general.--If a licensed health care 
                professional determines that a detainee has a medical 
                or mental health care condition, is pregnant, or is a 
                nursing mother, the Secretary shall consider releasing 
                the detainee on parole, on bond, or into a secure 
                alternatives program.
                    (B) Reevaluation.--If a detainee described in 
                subparagraph (A) is not initially released under this 
                paragraph, the Secretary shall periodically reevaluate 
                the situation of the detainee to determine if such a 
                release would be appropriate.
                    (C) Discharge planning.--Upon removal or release, 
                all detainees with medical or mental health conditions 
                and women who are pregnant, post-natal, and nursing 
                mothers shall receive discharge planning to ensure 
                continuity of care for a reasonable period of time.
            (8) Medical records.--
                    (A) In general.--The Secretary shall maintain 
                complete, confidential medical records for every 
                detainee and make such records available to a detainee 
                or to individuals authorized by the detainee not later 
                than 72 hours after receiving a request for such 
                records.
                    (B) Transfer of medical records.--Immediately upon 
                a detainee's transfer between detention facilities, the 
                detainee's complete medical records, including any 
                transfer summary, shall be provided to the receiving 
                detention facility.
    (c) Access to Telephones.--Detention facilities shall provide to 
detainees reasonable and equitable access to working telephones, and 
the ability to contact, through confidential toll-free numbers, legal 
representatives, family courts, child protective services, foreign 
consulates, the immigration courts, Federal and state courts in which 
the detainee is, or may become, involved in a legal proceeding, the 
Board of Immigration Appeals, nongovernmental organizations designated 
by the Secretary, all government immigration agencies and adjudicatory 
bodies including the Office of the Inspector General of the Department 
of Homeland Security and the Office for Civil Rights and Civil 
Liberties of the Department of Homeland Security, in addition to 
persons and offices contacted for the purpose of obtaining legal 
representation. Detention facilities shall provide to detainees access 
to telephones during facility working hours and on an emergency basis 
in accordance with the following:
            (1) The detention facility shall provide to each detainee a 
        copy of its rules governing telephone access and shall post 
        those rules, together with an explanation of how to make calls, 
        within sight of each telephone available to detainees. These 
        rules shall be translated into Spanish and two additional 
        languages spoken by a substantial part of the detainee 
        population of the detention facility. If a detention facility 
        has determined that more than 5 percent of its population is of 
        a certain language group, the document should be translated 
        into that language group's appropriate language. The detention 
        facility shall also provide oral interpretation and written 
        translation assistance to detainees in reading any relevant 
        materials required to request telephone access, including oral 
        interpretation assistance for those who are not literate in 
        English, Spanish, and other languages spoken by the detainee 
        population of the facility.
            (2) The rates charged for telephone calls shall be 
        reasonable and equitable and shall not significantly impair 
        detainees' access to telephones.
            (3) The detention facility shall not restrict the number of 
        calls detainees may place to their legal representatives or 
        consular officials, or to any others for the purpose of 
        obtaining legal representation, or limit the duration of those 
        calls by rule or automatic cut-off, unless necessary for 
        security reasons. The detention facility shall have a 
        reasonable number of working phones available to detainees, and 
        at a minimum one phone per each 25 users.
            (4) The detention facility shall ensure the privacy of 
        telephone conversations between detainees and legal 
        representatives or consular officials, and calls made for the 
        purpose of obtaining legal representation. Means to ensure 
        privacy may include the use of privacy panels, the placement of 
        phones in housing pods, and other appropriate measures.
            (5) Detainees' telephone calls to a court, legal 
        representative, or consular official, or for the purpose of 
        obtaining legal representation, shall not be monitored or 
        recorded without a court order and without prior notification 
        to the detainee.
            (6) The detention facility shall take and deliver telephone 
        messages to detainees as promptly as possible, but no less 
        often than twice a day. Detainees shall be permitted to make 
        confidential telephone calls promptly within 8 hours of receipt 
        of messages left by a court, legal representative, prospective 
        legal representative, or consular official as soon as 
        reasonably possible after the delivery of the message.
    (d) Sexual Abuse Regulations Concerning Care and Custody of 
Detainees.--
            (1) In general.--Detention facilities shall take all 
        necessary measures to prevent sexual abuse of detainees, 
        including sexual assaults, and shall observe the minimum 
        standards under the Prison Rape Elimination Act of 2003 (42 
        U.S.C. 15601 et seq.).
            (2) Measures where abuse occurs.--Where sexual abuse 
        occurs, detention facilities shall ensure that--
                    (A) prompt and appropriate medical intervention is 
                taken to minimize medical and psychological trauma;
                    (B) a medical history is taken and a physical 
                examination is conducted by qualified and culturally 
                appropriate licensed medical professionals to determine 
                the extent of physical injury and whether referral to 
                another medical facility is indicated;
                    (C) prophylactic treatment and follow-up for 
                sexually transmitted diseases are provided within the 
                appropriate time frame;
                    (D) the case is evaluated by a qualified and 
                culturally appropriate mental health professional for 
                crisis intervention counseling and long-term follow-up;
                    (E) victims are separated from their abusers and 
                are considered for release on parole or for an 
                alternative to detention program--
                            (i) shall not result in the transfer of the 
                        victim away from counsel absent expectional 
                        circumstances; and
                            (ii) shall never result in the placement of 
                        the victim in solitary confinement; and
                    (F) any and all medical and mental health records 
                arising out of a detainee's allegation of sexual abuse 
                shall be treated as confidential, as required by the 
                Health Insurance Portability and Accountability Act of 
                1996.
            (3) Reporting.--A detention facility shall not subject any 
        person to punishment or any other form of retaliation for 
        reporting incidents of sexual abuse.
            (4) Investigation.--In all cases of alleged sexual abuse, 
        the detention facility shall conduct a thorough and timely 
        investigation and shall provide to the Secretary of Homeland 
        Security a report of the circumstances and the response of the 
        detention facility. If the report is not completed within 30 
        days after alleged sexual abuse comes to the attention of the 
        detention facility, the detention facility shall submit to the 
        Secretary of Homeland Security a description of the status of 
        the investigation and an estimated date of completion 30 days 
        after the alleged sexual abuse comes to the attention of the 
        detention facility and every 30 days thereafter until the 
        report is provided to the Secretary of Homeland Security. The 
        report required by this subsection shall include at minimum a 
        determination of whether the alleged sexual abuse occurred, an 
        in-depth analysis of the relevant facts including the causes of 
        any sexual abuse that may have occurred and whether and to what 
        extent the alleged abuse indicates a failure of policy, a 
        failure of training, a failure of oversight, or a failure of 
        management, and a description of the actions that the facility 
        will take to prevent the occurrence of similar incidents in the 
        future and a plan for monitoring the implementation of those 
        actions. The detention facility shall provide to the Secretary 
        of Homeland Security periodic reports monitoring the 
        implementation of the plan in accordance with the schedule set 
        forth in such plan as approved by the Secretary of Homeland 
        Security.
    (e) Transfer of Detainees.--
            (1) Procedures.--In adopting procedures governing the 
        transfer of individuals detained under the Immigration and 
        Nationality Act (8 U.S.C. 1226), the Secretary of Homeland 
        Security shall prohibit transfer of a detainee if such transfer 
        would--
                    (A) negatively affect an existing attorney-client 
                relationship;
                    (B) negatively affect the detainee's legal 
                proceedings, including merits or calendar hearings, or 
                a pending application with United States Citizenship 
                and Immigration Services or the Executive Office for 
                Immigration Review, by--
                            (i) limiting the detainee's access to 
                        securing legal representation;
                            (ii) limiting the detainee's ability to 
                        prepare a legal defense to removal; or
                            (iii) removing the detainee from the legal 
                        venue of such proceeding;
                    (C) negatively affect the detainee's health and 
                medical fitness; or
                    (D) to the extent it does not conflict with clauses 
                (i), (ii), and (iii)--
                            (i) place the detainee in a location more 
                        distant from the detainee's residence than the 
                        original detention location; or
                            (ii) place the detainee in a location more 
                        distant from family members than the original 
                        detention location.
            (2) Notice.--Unless exigent circumstances dictate an 
        immediate transfer--
                    (A) the Secretary of Homeland Security shall 
                provide not less than 72 hours notice to any detainee 
                prior to transferring the detainee to another detention 
                facility;
                    (B) detainees shall be afforded at least one toll-
                free call and the Secretary of Homeland Security shall 
                notify the detainee's legal representative or if 
                unrepresented, an adult family member or other person 
                designated by the detainee, of the transfer and the 
                detainee's new location by telephone and in writing;
                    (C) if removal proceedings are pending, the 
                Secretary of Homeland Security shall also promptly 
                notify the Immigration Court, Board of Immigration 
                Appeals, or the Circuit Court of Appeals, as 
                appropriate of the transfer and the detainee's new 
                address; and
                    (D) the Secretary of Homeland Security shall not 
                transfer any detainee who has already requested, and is 
                awaiting, a bond hearing or a bond redetermination 
                hearing.
            (3) Exception.--The Secretary may transfer a detainee who 
        has an existing attorney-client relationship to an alternate 
        detention facility if such transfer is necessitated by a highly 
        unusual emergency, such as a natural disaster or comparable 
        emergency.
            (4) Protecting detainees legal rights.--If the Secretary 
        determines that a transfer is necessary due to a highly unusual 
        emergency, the Secretary shall ensure that the detainee's legal 
        rights are not prejudiced and the existing attorney-client 
        relationship is not impaired, including evaluating the location 
        of the detention facility based on it proximity to the 
        detainee's counsel or nongovernmental or pro bono organizations 
        providing free or low cost immigration legal services.
            (5) Record.--In cases in which a detainee is transferred, 
        the Secretary shall make a record of the reasons and 
        circumstances necessitating such transfer.

SEC. 153. SPECIFIC DETENTION REQUIREMENTS FOR SHORT-TERM DETENTION 
              FACILITIES.

    (a) Access to Basic Needs, People, and Property.--
            (1) Basic needs.--All detainees in short-term detention 
        facilities shall receive--
                    (A) potable water;
                    (B) food, if detained for more than 5 hours;
                    (C) basic toiletries, diapers, sanitary products, 
                and blankets;
                    (D) access to bathroom facilities; and
                    (E) access to telephones.
            (2) People.--The Secretary shall provide consular officials 
        with access to detainees held at any short-term detention 
        facility. Detainees shall be afforded reasonable access to a 
        licensed health care professional. The Secretary shall ensure 
        that nursing mothers in such facilities have access to their 
        children.
            (3) Property.--Any property belonging to a detainee that 
        was confiscated by an official of the Department of Homeland 
        Security shall be returned to the detainee upon repatriation or 
        transfer.
    (b) Protections for Children.--
            (1) Qualified staff.--The Secretary shall ensure that 
        adequately trained and qualified staff are stationed at each 
        major port of entry at which, during the most recent 2 fiscal 
        years, an average of not fewer than 50 unaccompanied alien 
        children per year have been held by United States Customs and 
        Border Protection, such staff shall include--
                    (A) independent licensed social workers dedicated 
                to ensuring the proper temporary care for the children 
                while in the custody of United States Customs and 
                Border Protection; and
                    (B) agents charged primarily with the safe, swift, 
                and humane transportation of such children to the 
                custody of the Office of Refugee Resettlement.
            (2) Specific rights.--The social workers described in 
        paragraph (1)(A) shall ensure that each unaccompanied alien 
        child--
                    (A) receives emergency medical care;
                    (B) receives mental health care in case of trauma;
                    (C) has access to psychosocial health services;
                    (D) is provided with--
                            (i) a pillow, linens, and sufficient 
                        blankets to rest at a comfortable temperature; 
                        and
                            (ii) a bed and mattress placed in an area 
                        specifically designated for residential use;
                    (E) receives adequate nutrition;
                    (F) enjoys a safe and sanitary living environment;
                    (G) receives educational materials; and
                    (H) has access to at least 3 hours of indoor and 
                outdoor recreational programs and activities per day.
    (c) Confidentiality.--
            (1) In general.--The Secretary of Health and Human Services 
        shall maintain the privacy and confidentiality of all 
        information gathered in the course of providing care, custody, 
        placement, and follow-up services to unaccompanied alien 
        children and separated children as defined in section 164(c), 
        consistent with the best interest of such children, by not 
        disclosing such information to other government agencies or 
        nonparental third parties, except as provided under paragraph 
        (2).
            (2) Limited disclosure of information.--The Secretary may 
        only disclose information regarding an unaccompanied alien 
        child if--
                    (A) the child authorizes such disclosure and such 
                is consistent with the child's best interest; or
                    (B) the disclosure is to a duly recognized law 
                enforcement entity and is necessary to prevent imminent 
                and serious harm to another individual.
            (3) Written record.--All disclosures under paragraph (2) 
        shall be duly recorded in writing and placed in the child's 
        file.

SEC. 154. RULEMAKING AND ENFORCEMENT.

    (a) Regulations.--
            (1) Notice of proposed rulemaking.--Not later than 60 days 
        after the date of the enactment of this Act, the Secretary 
        shall issue a notice of proposed rulemaking regarding the 
        implementation of this Act.
            (2) Final regulations.--Not later than 180 days after the 
        date of the enactment of this Act, the Secretary shall 
        promulgate regulations, which shall be binding upon all 
        detention facilities and short-term detention facilities, to 
        ensure that the detention requirements under sections 142 and 
        143 are fully implemented and enforced and that all facilities 
        comply with the regulations.
    (b) Enforcement.--
            (1) In general.--The Secretary shall enforce all 
        regulations and standards promulgated under subsection (a). Not 
        later than 180 days after the date of the enactment of this 
        Act, the Secretary shall issue guidance to detention facilities 
        and short-term detention facilities to ensure compliance with 
        all the detention requirements under sections 142 and 143.
            (2) Investigation.--
                    (A) Grievances.--Each detainee has the right to 
                file grievances with the staff of detention facilities, 
                short-term detention facilities, and the Department of 
                Homeland Security, and shall be protected from 
                retaliation for exercising such right.
                    (B) Review.--The Secretary shall--
                            (i) review any grievance or other complaint 
                        containing evidence that a detention facility 
                        or short-term detention facility has violated 
                        any requirement under this Act;
                            (ii) issue a determination in writing to 
                        the complainant indicating the Secretary's 
                        findings regarding the alleged violation not 
                        later than 30 days after receiving such 
                        complaint;
                            (iii) remedy any violation not later than 
                        30 days after issuing a determination under 
                        clause (ii); and
                            (iv) promptly advise the complainant of the 
                        remedy referred to in clause (iii).
                    (C) Written response.--If the Secretary issues a 
                written response under subparagraph (B)(ii) indicating 
                that no violation has occurred, such response shall 
                constitute final agency action for the purposes of 
                section 702 of title 5, United States Code.
            (3) Penalties.--The Secretary shall enforce compliance with 
        the detention requirements under sections 142 and 143 by--
                    (A) imposing financial penalties upon detention 
                facilities and short-term detention facilities that are 
                not in compliance with such requirements; and
                    (B) terminating the contracts of such facilities if 
                such noncompliance persists.
            (4) Compliance officer.--
                    (A) Designation.--Each detention facility and 
                short-term detention facility shall designate an 
                officer to ensure compliance with the provisions of 
                this Act.
                    (B) Duties.--Each officer designated under 
                subparagraph (A) shall--
                            (i) investigate all evidence pertaining to 
                        a violation of this Act; and
                            (ii) if a violation is identified, remedy 
                        the violation within 30 days.
                    (C) Judicial review.--A detainee may not seek 
                judicial review of the detention facility's 
                determination until after the passage of the 30-day 
                period, except where irreparable harm would result.
    (c) Rule of Construction.--Nothing in this section may be construed 
to preclude review of noncompliance with this Act under--
            (1) section 1331 or 2241 of title 28, United States Code; 
        or
            (2) section 1979 of the Revised Statutes (42 U.S.C. 1983).
    (d) Punitive Damages.--No individual may seek punitive damages for 
any violation under this Act.

SEC. 155. IMMIGRATION DETENTION COMMISSION.

    (a) Appointment.--The Secretary shall appoint and convene an 
Immigration Detention Commission (referred to in this section as the 
``Commission''), which shall be comprised of--
            (1) experts from United States Immigration and Customs 
        Enforcement, United States Customs and Border Protection, the 
        Office of Refugee Resettlement, and the Division of Immigration 
        Health Services of the Department of Health and Human Services; 
        and
            (2) independent experts, in a number equal to the number of 
        experts appointed under paragraph (1), from nongovernmental 
        organizations and intergovernmental organizations with 
        expertise in working on behalf of detainees and other 
        vulnerable populations.
    (b) Duties.--The Commission shall conduct independent 
investigations, and evaluate and report on the compliance of detention 
facilities, short-term detention facilities, and the Department of 
Homeland Security with the detention requirements under sections 142 
and 143.
    (c) Biennial Reports.--Not later than 60 days after the end of the 
first fiscal year beginning after the date of the enactment of this 
Act, and every 2 years thereafter, the Commission shall submit a report 
containing the findings of its investigations and evaluations under 
subsection (b) to--
            (1) the Committee on the Judiciary of the Senate;
            (2) the Committee on Homeland Security and Governmental 
        Affairs of the Senate;
            (3) the Committee on the Judiciary of the House of 
        Representatives; and
            (4) the Committee on Homeland Security of the House of 
        Representatives.

SEC. 156. DEATH IN CUSTODY REPORTING REQUIREMENT.

    (a) In General.--If an individual dies while in the custody of the 
Department of Homeland Security or en route to or from such custody--
            (1) the supervising official at the detention facility or 
        short-term detention facility at which the death took place 
        shall immediately notify the Secretary of such death; and
            (2) not later than 48 hours after receiving a notification 
        under paragraph (1), the Secretary shall report the death to--
                    (A) the Office of the Inspector General of the 
                Department of Homeland Security; and
                    (B) the Department of Justice.
    (b) Morbidity and Mortality Review.--The Department of Homeland 
Security shall complete an investigation of each detainee death that 
shall be conducted consistent with established medical practice for 
morbidity and mortality reviews and examine both individual and 
systemic contributors to the death. The investigation shall be 
conducted by a panel of physicians with experience in morbidity and 
mortality reviews and shall include the medical staff of the facility 
or facilities that cared for the deceased detainee, physicians from 
within the Department, and independent physicians not affiliated with 
the Department or facility. The panel shall complete a report and 
corrective action plan in each case.
    (c) Report to Congress.--Not later than 60 days after the end of 
each fiscal year, the Secretary shall submit a report containing 
detailed information regarding all the deaths of individuals in the 
custody of the Department of Homeland Security during the preceding 
fiscal year to the committees set forth in section 155(c).
    (d) Contents.--The reports submitted under subsection (a)(2) and 
subsection (c) shall include--
            (1) the name, gender, race, ethnicity, and age of the 
        deceased;
            (2) the date, time, and location of death;
            (3) the law enforcement agency that detained, arrested, or 
        was in the process of arresting the deceased;
            (4) a description of the circumstances surrounding the 
        death;
            (5) the status and results of any investigation that has 
        been conducted into the circumstances surrounding the death; 
        and
            (6) all medical records of the deceased.

SEC. 157. PROTECTION OF COMMUNITY-BASED ORGANIZATIONS, FAITH-BASED 
              ORGANIZATIONS AND OTHER INSTITUTIONS.

    (a) In General.--The Secretary shall issue regulations requiring 
officials of the Department of Homeland Security to--
            (1) prohibit the apprehension of persons on the premises or 
        in the immediate vicinity of--
                    (A) a childcare provider;
                    (B) a school;
                    (C) a legal-service provider;
                    (D) a Federal court or State court proceeding;
                    (E) an administrative proceeding;
                    (F) a funeral home;
                    (G) a cemetery;
                    (H) a college, university, or community college;
                    (I) a victim services agency;
                    (J) a social service agency;
                    (K) a hospital or emergency care center;
                    (L) a health care clinic;
                    (M) a place of worship;
                    (N) a day care center;
                    (O) a head start center;
                    (P) a school bus stop;
                    (Q) a recreation center;
                    (R) a mental health facility; and
                    (S) a community center; and
            (2) tightly control investigative operations at the 
        locations described in paragraph (1).
    (b) Notice to Appear.--The Secretary shall amend the Notice to 
Appear form to include a statement that no immigration enforcement 
activity was undertaken in any of the locations described in subsection 
(a)(1).

SEC. 158. APPREHENSION PROCEDURES FOR IMMIGRATION-RELATED ENFORCEMENT 
              ACTIVITIES.

    (a) In General.--Any immigration-related enforcement activity 
engaged in by the Department of Homeland Security or by other entities 
under agreement with the Department of Homeland Security for alleged 
violations under the Immigration and Nationality Act (8 U.S.C. 1101 et 
seq.), which results in the apprehension of at least 1 alien shall be 
carried out in accordance with the procedures described in this 
section.
    (b) Apprehension Procedures.--The Department of Homeland Security 
and entities under agreement with the Department of Homeland Security 
shall--
            (1) conduct an initial review of each individual 
        apprehended in an immigration-related enforcement activity to 
        ascertain whether such individual may be a United States 
        citizen, a lawful permanent resident of the United States, or 
        an alien lawfully present in the United States;
            (2) if an individual claims to be a United States citizen, 
        a lawful permanent resident of the United States, or an alien 
        lawfully present in the United States, ensure that personnel of 
        the Department of Homeland Security or personnel under 
        agreement with the Department of Homeland Security investigates 
        the individual's claims and considers the individual for 
        release under section 160(c);
            (3) notify SSAs of such immigration-related enforcement 
        activity not later than 24 hours before the commencement of 
        such activity, specifically notifying the SSAs of--
                    (A) the specific area of the State that will be 
                affected; and
                    (B) the languages anticipated may be spoken by 
                individuals at the targeted site;
            (4) if such immigration-related enforcement activities 
        cannot be planned more than 24 hours in advance, notify SSAs in 
        a timely fashion before the activity commences or, if this is 
        not possible, immediately following the commencement of such 
        activity;
            (5) provide SSAs with ongoing confidential access to 
        individuals apprehended by the Department of Homeland Security 
        or any entity operating under agreement with the Department of 
        Homeland Security within six hours of the individual's 
        apprehension, to assist the Department of Homeland Security in 
        determining if he or she is a member of a vulnerable population 
        as described in section 160(a)(2);
            (6) notify local law enforcement of the specific area of 
        the State that will be affected by such immigration-related 
        enforcement activity not later than 24 hours before the 
        commencement of such activity or, if such immigration-related 
        enforcement activity cannot be planned more than 24 hours in 
        advance, notify local law enforcement in a timely fashion 
        before the activity commences, or if this is not possible, 
        immediately following the commencement of such activity;
            (7) provide all Department of Homeland Security personnel, 
        personnel from entities under agreement with the Department of 
        Homeland Security participating, SSAs, and medical personnel 
        with detailed instructions on what steps to take if they 
        encounter individuals who are a member of a vulnerable 
        population;
            (8) ensure that not fewer than one independent certified 
        interpreter who is fluent in Spanish or any language other than 
        English spoken by more than 5 percent of the target population 
        of the immigration-related enforcement activity is available 
        for in-person translation for every 5 individuals targeted by 
        an immigration-related enforcement activity, and that the 
        Department of Homeland Security and entities operating under 
        agreement with the Department of Homeland Security utilize 
        appropriate translation services where interpreters cannot or 
        have not been retained prior to commencement of an immigration-
        related enforcement activity;
            (9) permit nonprofit legal service providers, 
        organizations, and attorneys to offer free legal services to 
        individuals subject to an immigration-related enforcement 
        activity at the time of the apprehension of such individuals; 
        and
            (10) permit access to a telephone within 6 hours after an 
        individual is detained.

SEC. 159. PROTECTIONS AGAINST UNLAWFUL DETENTIONS OF UNITED STATES 
              CITIZENS.

    (a) Notifications.--
            (1) In general.--Prior to questioning an individual who has 
        been detained on the basis of a suspected immigration violation 
        or has been detained during an immigration-related enforcement 
        activity, a Department of Homeland Security or other officer 
        must first advise the detainee, in the language spoken by the 
        detainee that--
                    (A) the detainee has the right to be represented by 
                counsel at no expense to the Federal Government;
                    (B) the detainee may remain silent; and
                    (C) any statement made by the detainee may be used 
                against the detainee in a subsequent removal or 
                criminal proceeding.
            (2) Effect of violation.--Any evidence obtained by an 
        officer from a detainee in violation of paragraph (1) may not 
        be--
                    (A) admissible in a removal proceeding against the 
                detainee; or
                    (B) used to confirm that the detainee is a 
                noncitizen for purposes of issuing an immigration 
                detainer.
    (b) Legal Orientation Program.--
            (1) In general.--The Attorney General, in consultation with 
        the Secretary, shall ensure that all detained aliens who are 
        in, or may be subject to, detention by the Department of 
        Homeland Security, Immigration and Customs Enforcement, and who 
        are, or may be, in EOIR Immigration Court proceedings pursuant 
        to sections 235, 238, 240, and 241 of the Immigration and 
        Nationality Act receive legal orientation through a program 
        administered and implemented by the Executive Office of 
        Immigration Review of the Department of Justice.
            (2) Content of the program.--The legal orientation program 
        developed pursuant to this section shall be based on the Legal 
        Orientation Program carried out by the Executive Office for 
        Immigration Review on the date of the enactment of this Act.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as may be necessary to carry out 
        suchlegal orientation program.
    (c) Access to Counsel.--
            (1) In general.--An individual who is subject to or 
        detained during an immigration-related enforcement activity may 
        be represented by legal counsel at any time.
            (2) List of free legal services.--The examining officer 
        shall, in the language spoken by the individual being 
        detained--
                    (A) provide the individual, prior to transferring 
                the individual from the point of apprehension to the 
                detention facility for an immigration-related violation 
                with a list of available free or low-cost legal 
                services provided by organizations and attorneys that 
                are located in the region in which the arrest occurred; 
                and
                    (B) certify on the Notice to Appear issued to such 
                individual that such a list was provided to the 
                individual.
            (3) Amendment.--Section 236 of the Immigration and 
        Nationality Act (8 U.S.C. 1226) is amended--
                    (A) by redesignating subsection (e) as subsection 
                (l);
                    (B) by redesignating subsections (b), (c), (d), and 
                (e) as subsections (f), (g), and (h), and (i) 
                respectively; and
                    (C) by inserting before subsection (l), as 
                redesignated, the following:
    ``(k) Right of Access to Counsel.--An individual may be represented 
by counsel of the individual's choosing while being subject to any 
immigration-related enforcement activity, including--
            ``(1) interviews;
            ``(2) processing appointments;
            ``(3) booking or intake questions;
            ``(4) hearings; and
            ``(5) any procedure that may result in a conclusion that 
        the detainee will be detained or removed from the United 
        States.''.
    (d) Representation of Disabled Aliens; Access to Counsel.--The 
Attorney General shall ensure that any alien with a legal, mental or 
physical disability that prevents him from meaningfully representing 
himself in proceedings shall have counsel, including counsel appointed 
by the Attorney General at the expense of the Government.
    (e) Notice.--
            (1) Amendment.--Section 236 of such Act, as amended by 
        subsection (b)(3), is further amended by inserting before 
        subsection (k), the following:
    ``(j) Notice and Charges.--
            ``(1) In general.--Not later than 48 hours after the 
        commencement of a detention of an individual under this 
        section, the Secretary of Homeland Security shall--
                    ``(A) file a Notice to Appear or other relevant 
                charging document with the immigration court closest to 
                the location at which the individual was apprehended; 
                and
                    ``(B) serve such notice or charging document on the 
                individual.
            ``(2) Custody determination.--Any individual who is 
        detained under this section for more than 48 hours shall be 
        brought before an immigration judge for a custody determination 
        not later than 72 hours after the commencement of such 
        detention unless the individual waives the right in accordance 
        with paragraph (3).
            ``(3) Waiver.--The requirements of this subsection may be 
        waived for not more than 7 days if the detainee--
                    ``(A) enters into a written agreement with the 
                Department of Homeland Security to waive such 
                requirements; and
                    ``(B) is prima facie eligible for immigration 
                benefits or demonstrates prima facie eligibility for a 
                defense against removal.''.
            (2) Applicability of other law.--Nothing in section 236(f) 
        of the Immigration and Nationality Act, as added by paragraph 
        (1), may be construed to repeal section 236A of such Act (8 
        U.S.C. 1226a).
    (f) Issuance of Detainers.--
            (1) In general.--Section 287(d) is amended by adding at the 
        end the following: ``The alien and his or her attorney in the 
        criminal proceeding shall be provided with a written notice of 
        the detainer indicating the intention of the Secretary to 
        assume custody of the alien upon completion of the pending 
        criminal proceedings. The written notice shall include 
        information about the specific basis for issuing the detainer 
        and instructions about how individuals can challenge a detainer 
        lodged in error. Where the state or federal criminal court has 
        granted pre-trial release, and the alien has complied with 
        conditions of such release, DHS shall not take custody of the 
        alien until resolution of the pending criminal charges. The 
        existence of a detainer shall not be used as a basis for 
        denying pre-trial release. This section is the sole authority 
        for issuance of immigration detainers.''.
            (2) Rulemaking.--The Secretary shall issue regulations that 
        require officials of the Department of Homeland Security to 
        confirm, before issuing a detainer, the alienage of the 
        individual to be made subject to such detainer. The regulations 
        shall require officials of the Department of Homeland Security 
        to confirm--
                    (A) the alienage of an individual through lawfully 
                obtained information, including the name of the 
                individual; the date of birth of the individual; or the 
                fingerprints of the individual; and
                    (B) whether the individual is removable from the 
                United States.
            (3) Data collection.--The Secretary of Homeland Security 
        shall collect data regarding detainers issued under section 
        287(d) of the Immigration and Nationality Act (8 U.S.C. 
        1357(d)) including--
                    (A) the criminal charge for which the individual 
                was arrested and/or convicted;
                    (B) the date the detainer was issued;
                    (C) the basis for issuance of the detainer;
                    (D) the date(s) the detainer was lifted;
                    (E) the date(s) of release of the individual 
                ordered by a State or Federal criminal court or other 
                government entity;
                    (F) the date that DHS took custody of the 
                individual;
                    (G) the race and ethnicity and country of origin of 
                the individual against whom the detainer was issued;
                    (H) the disposition of criminal case;
                    (I) the ultimate disposition of immigration case or 
                whether individual was discovered to be a United States 
                citizen;
                    (J) the grounds of removal if applicable and any 
                charges brought by the Secretary; and
                    (K) the number of individuals removed after the 
                Secretary took custody while any criminal matter was 
                still pending.
            (4) Report on detainers.--On a yearly basis beginning one 
        year after the date of the enactment of this Act, the Secretary 
        of Homeland Security shall report the results of the 
        Secretary's data collection to the Department of Homeland 
        Security Inspector General, the Department of Justice Civil 
        Rights Division, Congress, and the Department of Homeland 
        Security Office of Civil Rights and Civil Liberties for 
        purposes of ascertaining the extent to which detainers are 
        erroneously lodged against individuals who are United States 
        citizens or not deportable, how often individuals remain in 
        detention unlawfully past the expiration of the detainer, 
        whether detainers are lodged disproportionately against certain 
        ethnicities, whether the lodging of detainers results in longer 
        incarceration times, and whether detainers are lodged for an 
        investigatory purpose to investigate criminal activity instead 
        of placing individuals in removal proceedings.
            (5) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as may be necessary to carry out 
        this section for each of fiscal years 2008 through 2012 to 
        carry out this section.

SEC. 160. BASIC PROTECTIONS FOR VULNERABLE POPULATIONS.

    (a) Vulnerable Populations.--
            (1) In general.--Not later than 48 hours after the 
        commencement of an immigration-related enforcement activity, 
        the Department of Homeland Security shall screen each detainee 
        to determine whether the detainee is a member of a vulnerable 
        population.
            (2) Vulnerable populations.--A member of a vulnerable 
        population includes any of the following:
                    (A) Individuals with a nonfrivolous claim to United 
                States citizenship.
                    (B) Individuals who have a disability or have been 
                determined by a medically trained professional to have 
                medical or mental health needs.
                    (C) Pregnant or nursing women.
                    (D) Individuals who are detained with 1 or more of 
                their children, and their detained children.
                    (E) Individuals who provide financial, physical, 
                and other direct support to their minor children, 
                parents, or other dependents.
                    (F) Individuals who are at least 65 years of age.
                    (G) Children (as defined in section 101(b)(1) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1101(b)(1))).
                    (H) Victims of abuse, violence, crime, or human 
                trafficking.
                    (I) Individuals who have been referred for a 
                credible fear interview, a reasonable fear interview, 
                or an asylum hearing.
                    (J) Stateless individuals.
                    (K) Individuals who have applied or intend to apply 
                for asylum, withholding of removal, or protection under 
                the Convention Against Torture and Other Cruel, Inhuman 
                or Degrading Treatment or Punishment, done at New York, 
                December 10, 1984, and entered into force June 26, 
                1987.
                    (L) Individuals who make a prima facie case for 
                eligibility for relief under any provision of the 
                Immigration and Nationality Act (8 U.S.C. 1101 et 
                seq.), including returning lawful permanent residents.
                    (M) Any group designated by the Secretary as a 
                vulnerable population.
    (b) Options Regarding Detention Decisions for Vulnerable 
Populations.--Section 236 of the Immigration and Nationality Act, as 
amended by this Act, is further amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``(c)'' and inserting ``(g)''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking ``or'' 
                        at the end;
                            (ii) in subparagraph (B), by striking 
                        ``but'' and inserting ``or''; and
                            (iii) by adding at the end the following:
                    ``(C) the individual's own recognizance;'';
                    (C) by redesignating paragraph (3) as paragraph 
                (4); and
                    (D) by inserting after paragraph (2) the following:
            ``(3) may enroll the alien in a secure alternatives 
        program; but''; and
            (2) by inserting after subsection (a) the following:
    ``(b) Detention Decision Standards.--
            ``(1) Criteria to be considered.--If an alien is not 
        subject to mandatory detention under subsection (g) or section 
        236A, the criteria that the Secretary or the Attorney General 
        shall use to demonstrate that detention of the alien is 
        necessary are the following:
                    ``(A) Whether the alien poses a risk to public 
                safety, including a risk to national security.
                    ``(B) Whether--
                            ``(i) the alien poses a risk of flight; and
                            ``(ii) there are no conditions of release 
                        that will reasonably ensure that the alien will 
                        appear for immigration proceedings, including 
                        bond or other conditions of release that reduce 
                        the risk of flight.
            ``(2) Exception for mandatory detainees.--The requirements 
        described in paragraph (1) shall not apply if the Secretary of 
        Homeland Security demonstrates by substantial evidence that the 
        alien is subject to detention under subsection (g).
    ``(c) Custody Decisions for Vulnerable Populations.--
            ``(1) In general.--Not later than 72 hours after an 
        individual is detained under this section (unless the 72-hour 
        requirement is waived in writing by the individual), an 
        individual who is a member of a vulnerable population (as 
        defined by section 5(a)(3) of the Protect Citizens and 
        Residents from Unlawful Detention Act) shall be released from 
        the custody of the Department of Homeland Security and shall 
        not be subject to electronic monitoring unless the Department 
        demonstrates by a preponderance of the evidence that the 
        individual--
                    ``(A) is subject to mandatory custody or mandatory 
                detention under subsection (g) or section 236A;
                    ``(B) poses a risk to the national security of the 
                United States; or
                    ``(C) is a flight risk and the risk cannot be 
                mitigated through supervision in a non-custodial secure 
                alternatives program.
            ``(2) Release.--An individual shall be released from 
        custody under this subsection--
                    ``(A) on the individual's own recognizance;
                    ``(B) by posting a minimum bond under subsection 
                (a)(2)(a); or
                    ``(C) on parole in accordance with section 
                212(d)(5)(A).
    ``(d) Decisions To Detain Aliens.--
            ``(1) In general.--All detention decisions under this 
        section shall--
                    ``(A) be made in writing by an official of the 
                Department of Homeland Security;
                    ``(B) specify the reasons for the decision, if the 
                decision is made to continue the detention without bond 
                or parole; and
                    ``(C) be served upon the detainee, in the language 
                spoken by the alien, not later than 72 hours after--
                            ``(i) the commencement of the detention; or
                            ``(ii) a positive determination of credible 
                        fear of persecution or reasonable fear of 
                        persecution or torture, if the detainee is 
                        subject to section 235 or 241(a)(5).
            ``(2) Redetermination.--
                    ``(A) Request.--Any alien detained by the 
                Department of Homeland Security, at any time after 
                being served with the decision described in paragraph 
                (1)(A), may request a redetermination of such decision 
                by an immigration judge.
                    ``(B) Other decisions.--All custody decisions by 
                the Secretary of Homeland Security shall be subject to 
                redetermination by an immigration judge.
                    ``(C) Savings provision.--Nothing in this paragraph 
                may be construed to prevent a detainee from requesting 
                a bond redetermination.
    ``(e) Secure Alternatives Programs.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        establish secure alternatives programs to ensure public safety 
        and appearances at immigration proceedings.
            ``(2) Contract authority.--The Secretary shall contract 
        with nongovernmental organizations to conduct screening of 
        detainees, provide appearance assistance services, and operate 
        community-based supervision programs.
            ``(3) Individualized determinations.--When deciding whether 
        to use secure alternatives, the Secretary shall make an 
        individualized determination and review each case on a monthly 
        basis.
            ``(4) Custody.--If an individual is not eligible for 
        release from custody, the Secretary shall consider the alien 
        for placement in secure alternatives that maintain custody over 
        the alien, including the use of electronic ankle devices. The 
        Secretary may use secure alternatives programs to maintain 
        custody over any alien detained under this Act except for 
        aliens detained under section 236A.''.

SEC. 161. REPORT ON PROTECTIONS FOR VULNERABLE POPULATIONS IMPACTED BY 
              IMMIGRATION ENFORCEMENT ACTIVITIES.

    (a) Requirement for Reports.--Not later than 1 year after the date 
of the enactment of this Act, and annually thereafter, the Secretary of 
Homeland Security shall submit a report to Congress that describes the 
impact of immigration-related enforcement activities and fugitive 
operations on United States citizens, lawful permanent residents, 
individuals otherwise lawfully present in the United States, and, where 
possible, undocumented aliens present in the United States.
    (b) Content.--The report submitted under subsection (a) shall 
include an assessment of--
            (1) the number of individuals apprehended during 
        immigration-related enforcement activities who are children, 
        United States citizens, lawful permanent residents, lawfully 
        present non-citizens;
            (2) immigration-related apprehensions at homes, schools, 
        school bus stops, day care centers, colleges, places of 
        worship, hospitals, health care clinics, funeral homes, 
        cemeteries, victim services agencies, social services agencies, 
        head start centers, recreation centers, legal service 
        providers, courts and community centers;
            (3) apprehensions, detentions, and removals of sole 
        caregivers, primary breadwinners, pregnant and nursing mothers, 
        and other vulnerable populations during an immigration-related 
        enforcement activity;
            (4) the extent to which the Department of Homeland Security 
        cooperates and coordinates with State and local law enforcement 
        during immigration-related enforcement activities;
            (5) the number of immigration-related enforcement 
        apprehensions resulting from cooperation with State and local 
        law enforcement;
            (6) whether apprehended individuals are provided access to 
        a telephone;
            (7) how quickly apprehended individuals are provided access 
        to a telephone;
            (8) the manner through which family members of the target 
        population of the immigration-related enforcement activity are 
        notified of their family member's detention;
            (9) the number of parents, guardians, or caregivers of 
        children removed from the United States;
            (10) the number of parents, guardians, or caregivers of 
        children removed from the United States whose children 
        accompany or join them;
            (11) the number of parents, guardians, or caregivers of 
        children removed from the United States who are removed without 
        their children;
            (12) the number of occasions on which both parents of a 
        particular children are removed from the United States without 
        their children;
            (13) the length of time the parents, guardians, or 
        caregivers of children were present in the United States before 
        their removal from the United Sates;
            (14) the number of United States citizen children that 
        remain in the United States after the removal of a parent, 
        guardian, or caregiver;
            (15) the number of individuals apprehended determined to be 
        part of a vulnerable population released within specified time 
        limit under section 160(c);
            (16) the length of time between when an individual is 
        determined to be part of a vulnerable population and that 
        individual is released under section 160(c);
            (17) the methodology of the Department of Homeland Security 
        for notifying agents and entities under agreement with the 
        Department of Homeland Security about standards regarding 
        enforcement actions concerning vulnerable populations and 
        holding them accountable when such standards are violated;
            (18) the number of officials of the Department of Homeland 
        Security disciplined for violations during apprehensions and in 
        making detention decisions;
            (19) transfers of immigrants during the course of an 
        immigration-related enforcement activity, including--
                    (A) whether the immigrants had access to legal 
                counsel before being transferred;
                    (B) whether the immigrant received notice of an 
                impending transfer; and
                    (C) whether the immigrant was evaluated for 
                vulnerability under section 160(a) before being 
                transferred;
            (20) apprehension procedures for immigration-related 
        enforcement activities, and compliance with screening 
        procedures for vulnerable populations;
            (21) recommendations for improving immigration-related 
        enforcement activities and fugitive operations by reducing the 
        negative impact on children and vulnerable populations;
            (22) secure alternatives programs, including the types of 
        programs used, number of individuals placed in theses programs, 
        reasons for not placing immigrants that qualify as a member of 
        a vulnerable population as defined in section 160(a) in these 
        programs, percentage of cases in which adjustment of 
        immigration status is granted, percentage of cases in which 
        removal is undertaken, and frequency of absconding; and
            (23) the number of individuals apprehended after officials 
        were notified by a health or mental health professional.

SEC. 162. FAMILY DETENTION AND UNITY PROTECTIONS.

    (a) Definition of Families With Children.--- Family with Children 
is defined as any parent or legal guardian who is apprehended with one 
or more of their children.
    (b) Placement in Removal Proceedings.--Any family with children 
sought to be removed by the Department of Homeland Security shall be 
placed in removal proceedings under section 240 of the Immigration and 
Nationality Act (8 U.S.C. 1229a).
    (c) Custody of Families With Children.--The following requirements 
shall apply with respect to families with children:
            (1) Families with children shall not be separated or taken 
        into custody except when justified by exceptional 
        circumstances, or when required by law.
            (2) In exceptional circumstances where release or a secure 
        alternatives program is not an option, the Secretary shall 
        ensure that--
                    (A) special non-penal, residential, home-like 
                facilities that enable families to live as a family 
                unit are designed to house families with children, 
                taking into account the particular needs and 
                vulnerabilities of the children;
                    (B) procedures and conditions of custody are 
                appropriate for families with children;
                    (C) entities with demonstrated experience and 
                expertise in child welfare shall staff and be 
                responsible for the management of facilities housing 
                families with children;
                    (D) no restrictions on freedom of movement; 
                visitations; telephone, internet, library, and law 
                library access; possession of personal property, 
                including personal clothing; age appropriate education; 
                or religious practice shall apply other than to prevent 
                flight and ensure the safety of residents;
                    (E) individualized reviews by an immigration judge 
                of each family's well being, custody status and the 
                need for continued detention are conducted every 30 
                days for any family held in such a facility for more 
                than three weeks, and all families shall be notified in 
                writing of the decision and of the individualized 
                reasons for the decision; and
                    (F) parents retain fundamental parental rights and 
                responsibilities, including the discipline of children, 
                in keeping with applicable State laws.
    (d) Discretionary Waiver Authority for Families With Children.--
Section 235(b)(1)(B)(iii) of the Immigration and Nationality Act (8 
U.S.C. 1225(b)(1)(B)(iii)) is amended--
            (1) in subclause (IV), by striking ``Any alien'' and 
        inserting ``Except as provided in subclause (V), any alien''; 
        and
            (2) by adding at the end the following:
                                    ``(V) Discretionary waiver 
                                authority for families with children.--
                                The Secretary of Homeland Security may 
                                decide for humanitarian reasons or 
                                significant public benefit not to 
                                detain families with children who are 
                                otherwise subject to mandatory 
                                detention under subclause (IV).''.

SEC. 163. APPREHENSION PROCEDURES FOR FAMILIES AND PARENTS.

    The Department of Homeland Security and entities under agreement 
with the Department of Homeland Security shall--
            (1) offer confidential psychosocial and mental health 
        services to children and family members of such individuals at 
        the time of the apprehension;
            (2) provide, and advertise in the mainstream and foreign 
        language media, as well as make available to the public via the 
        website of the Department of Homeland Security, a toll-free 
        number through which family members of persons apprehended as a 
        result of an immigration enforcement-related activity may 
        report information relevant to the release of an apprehended 
        family member as a member of a vulnerable population, which 
        will be conveyed to the appropriate Department of Homeland 
        Security official and applicable SSA, and through which State 
        child welfare service providers, family members, and legal 
        counsel representing those who are apprehended may obtain 
        information about the apprehended family members, including 
        their location, in English and the majority language of those 
        who are apprehended;
            (3) if there is reason to believe that an individual who is 
        apprehended is a parent, legal guardian, or primary caregiver 
        relative of a dependent child in the United States, provide 
        this parent, legal guardian, or primary caregiver relative 
        with--
                    (A) confidential and toll-free telephone calls to 
                arrange for care of dependent children within 2 hours 
                of screening;
                    (B) information regarding and contact information 
                for legal service providers, organizations, and 
                attorneys that can offer free legal advice regarding 
                child welfare and custody determinations; and
                    (C) information regarding and contact information 
                for multiple State and local child welfare providers;
            (4) ensure that personnel of the Department of Homeland 
        Security and of entities operating under agreement with the 
        Department do not--
                    (A) interrogate or screen individuals in the 
                immediate presence of children;
                    (B) interrogate, arrest, or detain any child 
                apprehended with his or her parent or parents without 
                the presence or consent of a parent, family member, 
                legal guardian, or legal counsel; or
                    (C) compel or request children to translate for 
                other individuals who are encountered as part of an 
                immigration enforcement-related activity; and
            (5) ensure that the best interests of children are 
        considered in decisions and actions relating to the detention 
        or release of any individual apprehended by the Department of 
        Homeland Security, and that there be a preference for family 
        unity whenever appropriate.

SEC. 164. CHILD WELFARE SERVICES FOR CHILDREN SEPARATED FROM PARENTS 
              DETAINED OR REMOVED FROM THE UNITED STATES FOR 
              IMMIGRATION VIOLATIONS.

    (a) State Plan Requirements.--Section 471(a) of the Social Security 
Act (42 U.S.C. 671(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (32);
            (2) by striking the period at the end of paragraph (33) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(34) provides that the State shall--
                    ``(A) create and implement protocols to provide 
                guidance on how all employees of State agencies 
                providing services to children under the State plan 
                should handle cases of separated children that take 
                into account the best interest of the child, including 
                consideration of the best outcome for the family of the 
                child;
                    ``(B) develop and implement memoranda of 
                understanding or protocols with the Department of 
                Homeland Security, Federal, State, and local government 
                agencies to facilitate communication between the 
                agencies and such a child, a parent, guardian, or 
                relative referred to in section 475(9)(B), family 
                members of such a child, family courts, providers of 
                services to such a child under the State plan, 
                providers of long-term care to such a child, and legal 
                representatives of such a child or of such a parent, 
                guardian, or relative;
                    ``(C) develop and implement joint protocols and 
                training with law enforcement agencies to minimize the 
                trauma, at the time of the apprehension of such a 
                parent, guardian, or relative, to a child who will 
                become a separated child as a result of the 
                apprehension, including protocols and training for 
                apprehension of such a parent, guardian, or relative in 
                the presence of the child and how to best ensure 
                appropriate and prompt care arrangements for the child;
                    ``(D) ensure that the case manager for such a child 
                is capable of communicating in the native language of 
                the child and of the family of the child, or an 
                interpreter who is so capable is provided to 
                communicate with the child and the family of the child 
                at no cost to the child or the family of the child;
                    ``(E) require that, in all decisions and actions 
                relating to the care, custody, and placement of such a 
                child, the best interest of the child, including the 
                best outcome for the family of the child, be 
                considered, and ensure that the decisions are based on 
                clearly articulated factors that do not include 
                predictions or conclusions about immigration status or 
                pending Federal immigration proceedings; and
                    ``(F) coordinate with the Department of Homeland 
                Security, foreign consular officials and 
                nongovernmental organizations designated by the 
                Secretary to ensure that parents of such a child who 
                wish for the child to accompany them to their country 
                of origin are given adequate time to obtain a passport 
                and visa, collect all relevant vital documents such as 
                birth certificate, health and educational records, and 
                other information.''.
    (b) Additional Information To Be Included in Case Plan.--Section 
475(1) of such Act (42 U.S.C. 675(1)) is amended by adding at the end 
the following:
                    ``(H) In the case of a separated child with respect 
                to whom the State plan requires the State to provide 
                services pursuant to section 471(a)(34)--
                            ``(i) the location of the parent, guardian, 
                        or relative referred to in paragraph (9)(B) of 
                        this subsection from whom the child has been 
                        separated; and
                            ``(ii) a written record of each disclosure 
                        to a government agency or person (other than 
                        such a parent, guardian, or relative) of 
                        information gathered in the course of tracking 
                        the care, custody, and placement of, and 
                        follow-up services provided to, the child.''.
    (c) Separated Children Defined.--Section 475 of such Act (42 U.S.C. 
675) is amended by adding at the end the following:
            ``(9) The term `separated children' means individuals who--
                    ``(A) have a parent, legal guardian, or primary 
                caregiver relative who has been detained by a Federal, 
                State, or local law enforcement agency in the 
                enforcement of an immigration law, or removed from the 
                United States as a result of a violation of such a law; 
                and
                    ``(B) are in foster care under the responsibility 
                of a State.''.

SEC. 165. VULNERABLE POPULATION AND CHILD WELFARE TRAINING FOR 
              IMMIGRATION ENFORCEMENT OFFICERS.

    (a) Mandatory Training.--
            (1) In general.--The Secretary of Homeland Security, in 
        consultation with the Secretary of Health and Human Services, 
        and independent child welfare experts shall mandate live 
        specialized training of all Federal personnel, relevant 
        personnel employed by those States reimbursed for activities 
        related to care and services for separated children, and State 
        and local personnel and relevant SSAs, who come into contact 
        with vulnerable populations as defined at section 160(a) in all 
        relevant legal authorities, policies, and procedures pertaining 
        to the humanitarian and due process protections for these 
        vulnerable populations.
            (2) Vulnerable populations.--Such personnel shall be 
        trained to work with vulnerable populations, including 
        identifying members of a vulnerable population, and identifying 
        members of a vulnerable population for whom asylum or special 
        juvenile immigrant relief may be appropriate.
            (3) Mental health needs.--Personnel shall establish 
        collaborative relationships with local mental health 
        professionals to provide training in preparation for 
        apprehensions of individuals with mental health needs.
            (4) Best practices.--Participants will be required to 
        undertake periodic and continuing training on best practices 
        and changes in the law, policies, and procedures for these 
        vulnerable populations.
    (b) Memoranda of Understanding.--The Secretary of Homeland Security 
shall require all law enforcement agencies under agreement with the 
Department of Homeland Security to establish Memoranda of Understanding 
with SSAs with respect to the availability of services relevant to the 
humanitarian and due process protections for vulnerable populations as 
defined in section 160(a).

SEC. 166. ACCESS FOR PARENTS, LEGAL GUARDIANS, AND, PRIMARY CAREGIVER 
              RELATIVES.

    (a) In General.--The Secretary of the Department of Homeland 
Security shall ensure that all detention facilities operated by or 
under agreement with the Department take steps to preserve family unity 
and ensure that the best outcome for families can be considered in 
decisions and actions relating to the custody of children whose parent, 
legal guardian, or primary caregiver relative is detained by reason of 
the parent's, legal guardian's, or primary caregiver relative's 
immigration status.
    (b) Training.--The Secretary of Homeland Security, in consultation 
with the Department of Health and Human Services, the Department of 
Justice, the Department of State, and independent family law experts, 
shall mandate live, specialized training of all personnel at detention 
facilities operated by the Department of Homeland Security or under 
agreement with the Department of Homeland Security in all relevant 
legal authorities, policies and procedures related to ensuring that 
parents, legal guardians, and primary caregiver relatives of children 
have regular, ongoing and in-person access to children, State family 
courts, consular officers and staff of State social service agencies 
responsible for administering child welfare programs. Such personnel 
shall be required to undertake periodic and continuing training on best 
practices and changes in relevant law, policies, and procedures 
pertaining to the preservation of family unity.
    (c) Access to Children, Local and State Courts, Child Protective 
Services, and Consular Officials.--The Secretary of Homeland Security 
shall be responsible for--
            (1) ensuring that detained parents, legal guardians, and 
        primary caregiver relatives of children under 18 years of age 
        are granted free and confidential phone calls with their 
        children on a daily basis;
            (2) ensuring that detained parents, legal guardians, and 
        primary caregiver relatives of children under 18 years of age 
        are permitted regular contact visits with their children;
            (3) ensuring that detained parents, legal guardians, and 
        primary caregiver relatives of children under 18 years of age 
        are able to participate fully, and to the extent possible in-
        person, in all family court proceedings and any other 
        proceeding impacting upon custody of their children;
            (4) ensuring that detained parents, legal guardians, and 
        primary caregiver relatives of children under 18 years of age 
        are able to fully participate in and comply with all family 
        court orders impacting upon custody of their child;
            (5) ensuring that detained parents, legal guardians, and 
        primary caregiver relatives of children under 18 years of age 
        have regular, on-site access to reunification programming 
        including parenting classes;
            (6) ensuring that detained parents, legal guardians, and 
        primary caregiver relatives of children under 18 years of age 
        are provided with contact information for child protective 
        services entities and family courts in all fifty States, the 
        District of Columbia, all United States territories, and are 
        granted free, confidential, and unlimited telephone access to 
        child protective services entities and family courts to report 
        child abuse, abandonment or neglect;
            (7) ensuring that detained parents, legal guardians, and 
        primary caregiver relatives of children under 18 years of age 
        are granted regular, confidential and in-person access to 
        consular officials; free, unlimited, confidential phone calls 
        to consular officials; and access to United States passport 
        applications for the purpose of obtaining travel documents for 
        their children;
            (8) ensuring that detained parents, legal guardians, and 
        primary caregiver relatives of children under 18 years of age 
        who wish to take their children with them to their country of 
        origin are granted adequate time prior to being removed to 
        obtain a passport and other relevant travel documents necessary 
        for children to accompany them on their return to their country 
        of origin or join them in their country of origin; and
            (9) facilitating detained parents', legal guardians', and 
        primary caregiver relatives' ability to reunify with their 
        children under 18 years of age at the time of removal to their 
        country of origin, including providing information about the 
        detained parent, legal guardian, or primary caregiver 
        relative's travel arrangements to State social service agencies 
        or other caregivers.

SEC. 167. ENHANCED PROTECTIONS FOR VULNERABLE UNACCOMPANIED ALIEN 
              CHILDREN AND FEMALE DETAINEES.

    (a) Mandatory Training.--The Secretary of Homeland Security, in 
consultation with the Office of Refugee Resettlement of the Department 
of Health and Human Services and independent child welfare experts, 
shall mandate live training of all personnel who come into contact with 
unaccompanied alien children (as defined in section 462 of the Homeland 
Security Act of 2002 (6 U.S.C. 279)) in all relevant legal authorities, 
policies, and procedures pertaining to this vulnerable population.
    (b) Care and Transportation.--Notwithstanding any other provision 
of law, the Secretary of Homeland Security shall ensure that all 
unaccompanied children who will undergo any immigration proceedings 
before the Department of Homeland Security and the Executive Office for 
Immigration Review are duly transported and placed in the care and 
legal and physical custody of the Office of Refugee Resettlement within 
a maximum of 24 hours of their apprehension absent narrowly defined 
exceptional circumstances, including a natural disaster or comparable 
emergency beyond the control of the Secretary of Homeland Security or 
the Office of Refugee Resettlement. The Secretary of Homeland Security 
shall ensure that female officers are responsible and at all times 
present during the transfer and transport of female detainees who are 
in the custody of the Secretary of Homeland Security.
    (c) Notification.--The Secretary of Homeland Security shall 
immediately notify the Office of Refugee Resettlement of an 
unaccompanied alien child in the custody of the Department of Homeland 
Security to effectively and efficiently coordinate the child's transfer 
to and placement with the Office of Refugee Resettlement.
    (d) Notice of Rights and Access to Counsel.--The Secretary of 
Homeland Security shall ensure that an independent licensed social 
worker, as described in section 153(b)(1)(A), provides all 
unaccompanied alien children upon apprehension with both a video 
orientation and oral and written notice of their rights under the 
Immigration and Nationality Act including their rights to relief from 
removal and their rights to confer with counsel (as guaranteed under 
section 292 of such Act), family, or friends while in the Department of 
Homeland Security's temporary custody and relevant complaint mechanisms 
to report any abuse or misconduct they may have experienced. The 
Secretary of Homeland Security shall ensure that the video orientation 
and written notice of rights is available in English and in the five 
most common native languages spoken by the unaccompanied children held 
in custody at that location during the preceding fiscal year, and that 
the oral notice of rights is available in English and in the most 
common native language spoken by the unaccompanied children held in 
custody at that location during the preceding fiscal year.
    (e) Confidentiality.--The Secretary of Health and Human Services 
shall maintain the privacy and confidentiality of all information 
gathered in the course of providing care, custody, placement and 
follow-up services to unaccompanied alien children, consistent with the 
best interest of the unaccompanied alien child, by not disclosing such 
information to other government agencies or nonparental third parties. 
The Secretary may share information when authorized to do so by the 
child and when consistent with the child's best interest. The Secretary 
may provide information to a duly recognized law enforcement entity, if 
such disclosure would prevent imminent and serious harm to another 
individual. All disclosures shall be duly recorded in writing and 
placed in the child's files.
    (f) Other Policies and Procedures.--The Secretary shall further 
adopt fundamental child protection policies and procedures--
            (1) for reliable age-determinations of children which 
        exclude the use of fallible forensic testing of children's bone 
        and teeth developed in consultation with medical and child 
        welfare experts;
            (2) to ensure the safe and secure repatriation and 
        reintegration of unaccompanied alien children to their home 
        countries through specialized programs developed in close 
        consultation with the Secretary of State, the Office of the 
        Refugee Resettlement and reputable independent child welfare 
        experts including placement of children with their families or 
        nongovernmental agencies to provide food, shelter and 
        vocational training and microfinance opportunities;
            (3) to utilize all legal authorities to defer the child's 
        removal if the child faces a risk of life-threatening harm upon 
        return including due to the child's mental health or medical 
        condition; and
            (4) to ensure that unaccompanied alien children (as defined 
        in section 462 of the Homeland Security Act of 2002 (6 U.S.C. 
        279)) are physically separated from any adult who is not a 
        family member, guardian, or caregiver and are separated by 
        sight and sound from immigration detainees and inmates with 
        criminal convictions, pretrial inmates facing criminal 
        prosecution, children who have been adjudicated delinquents or 
        convicted of adult offenses or are pending delinquency or 
        criminal proceedings, and those inmates exhibiting violent 
        behavior while in detention as is consistent with the Juvenile 
        Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 
        et seq.).

SEC. 168. PREVENTING UNNECESSARY DETENTION OF REFUGEES.

    Section 209 of the Immigration and Nationality Act (8 U.S.C. 1159) 
is amended--
            (1) in subsection (a)(1) by striking ``return or be 
        returned to the Department of Homeland Security for inspection 
        and examination for admission'' and also ``in accordance with 
        the provisions of sections 235, 240, and 241'' and inserting 
        ``be eligible for adjustment of status'';
            (2) in subsection (a)(2) by striking ``upon inspection and 
        examination''; and
            (3) in subsection (c) by adding at the end ``An application 
        for adjustment under this section may be filed up to 3 months 
        before the date the applicant would first otherwise be eligible 
        for adjustment under this section.''.

SEC. 169. REPORTS ON PROTECTIONS FROM UNLAWFUL DETENTION.

    (a) Report Requirement.--Not later than 1 year after the date of 
the enactment of this Act, and annually thereafter, the Secretary shall 
prepare and submit a report to Congress that describes the impact of 
worksite and fugitive operations on United States citizens, lawful 
permanent residents, and individuals otherwise lawfully present in the 
United States.
    (b) Content.--The report submitted under subsection (a) shall 
include an assessment of--
            (1)(A) United States Immigration and Customs Enforcement 
        protocol for humanitarian screening during a worksite 
        enforcement action;
            (B) the compliance with such protocol; and
            (C) the nature of any related protocol in smaller worksite 
        or nonworksite actions;
            (2) collateral arrests under the National Fugitive 
        Operations Program and worksite enforcement initiatives;
            (3) whether individuals detained in an immigration-related 
        enforcement activity are notified of their right to counsel;
            (4) whether United States Immigration and Customs 
        Enforcement agents--
                    (A) use excessive force in executing warrants, 
                arrests, detentions, or other immigration-enforcement 
                activities;
                    (B) enter private homes or residences without a 
                search warrant or consent; or
                    (C) display and use weapons during immigration-
                enforcement activities or interrogations;
            (5) whether United States Immigration and Customs 
        Enforcement agents identify themselves when entering a location 
        for enforcement purposes;
            (6) the conditions under which individuals are confined;
            (7) whether detainees are notified of their rights in a 
        language they can understand;
            (8) whether individuals detained during a raid or an 
        immigration enforcement activity are forced or coerced to sign 
        any documents or waive any rights without consulting with an 
        attorney;
            (9) the procedures used by the Department of Homeland 
        Security--
                    (A) to notify agents about humanitarian standards 
                regarding enforcement actions; and
                    (B) hold agents accountable when they violate such 
                standards;
            (10) the per detainee cost of each raid involving more than 
        50 detainees;
            (11) the number of United States Immigration and Customs 
        Enforcement agents disciplined for violations in detention 
        proceedings; and
            (12) recommendations for improving worksite operations and 
        fugitive operations.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 170. RULEMAKING.

    Not later than 1 year after the date of the enactment of this Act, 
the Secretary shall promulgate regulations to implement this subtitle 
and the amendments made by this subtitle.

                        Subtitle C--Enforcement

SEC. 181. LABOR ENFORCEMENT.

    (a) Labor Enforcement Actions.--Section 274A(e) of the Immigration 
and Nationality Act (8 U.S.C. 1324a(e)) is amended to add a new 
paragraph (10).
            ``(10) Conduct in enforcement actions.--
                    ``(A) Enforcement action.--When an enforcement 
                action is undertaken by the Department of Homeland 
                Security and the Department receives information that 
                there is a labor dispute in progress, or that 
                information was provided to the Department of Homeland 
                Security to retaliate against employees for exercising 
                their employment rights, the Department shall ensure 
                that any aliens who are arrested or detained and are 
                necessary for the prosecution of any labor or 
                employment law violations are not removed from the 
                country without notifying the appropriate law 
                enforcement agency that has jurisdiction over the 
                violations and providing the agency with the 
                opportunity to interview such aliens. The Department 
                shall ensure that no aliens entitled to a stay of 
                removal under this section are removed.
                    ``(B) Interviews.--Any arrangements for aliens to 
                be held or interviewed shall be made in consultation 
                with the relevant labor and employment law enforcement 
                agencies.
                    ``(C) Stay of removal.--
                            ``(i) An alien against whom removal 
                        proceedings have been initiated pursuant to 
                        chapter 4 of title III of the Immigration and 
                        Nationality Act, who has filed a workplace 
                        claim or who is a material witness in any 
                        pending or anticipated proceeding involving a 
                        workplace claim, shall be entitled to a stay of 
                        removal and to an employment authorized 
                        endorsement unless the Department establishes 
                        by a preponderance of the evidence in 
                        proceedings before the immigration judge 
                        presiding over that alien's removal hearing 
                        that--
                                    ``(I) the Department initiated the 
                                alien's removal proceeding for wholly 
                                independent reasons and not in any 
                                respect based on, or as a result of, 
                                any information provided to or obtained 
                                by the Department from the aliens 
                                employer, from any outside source, 
                                including any anonymous source, or as a 
                                result of the filing or prosecution of 
                                the workplace claim; and
                                    ``(II) the workplace claim was 
                                filed in a bad faith with the intent to 
                                delay or avoid the alien's removal.
                            ``(ii) Any stay of removal or work 
                        authorization issued pursuant to subsection (i) 
                        shall remain valid and in effect at least 
                        during the pendency of the proceedings 
                        concerning such workplace claim. The Secretary 
                        of Homeland Security shall extend such relief 
                        for a period of not longer than 3 additional 
                        years upon determining that--
                                    ``(I) such relief would enable the 
                                alien asserting the workplace claim to 
                                be made whole;
                                    ``(II) the deterrent goals of any 
                                statute underlying the workplace claim 
                                would thereby be served; or
                                    ``(III) such extension would 
                                otherwise further the interests of 
                                justice.
                            ``(iii) In this section--
                                    ``(I) the term `workplace claim' 
                                shall include any claim, charge, 
                                complaint, or grievance filed with or 
                                submitted to the employer, a Federal or 
                                State or local agency or court, or an 
                                arbitrator, to challenge an employer's 
                                alleged civil or criminal violation of 
                                any legal or administrative rule or 
                                requirement affecting the terms or 
                                conditions of its workers employment, 
                                the treatment of workers, or the hiring 
                                or firing of its workers; and
                                    ``(II) the term `material witness' 
                                means an individual who presents a 
                                declaration from an attorney 
                                investigating, prosecuting, or 
                                defending the workplace claim or from 
                                the presiding officer overseeing the 
                                workplace claim attesting that, to the 
                                best of the declarant's knowledge and 
                                belief, reasonable cause exists to 
                                believe that the testimony of the 
                                individual will be relevant to the 
                                outcome of the workplace claim.''
    (b) Whistle Blower Protections; Victims of Criminal Activity.--
Section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(U)) is amended--
            (1) in clause (ii), by striking ``and'' at the end;
            (2) in clause (iii)--
                    (A) by striking ``or'' before ``attempt''; and
                    (B) by adding at the end the following: ``a civil 
                violation of Federal, State, orlocal employment or 
                labor laws; and''; and
            (3) by adding at the end the following:
                            ``(iv) the Secretary may not grant a 
                        petition filed by an alien based on a civil 
                        violation of Federal employment or labor laws 
                        unless the alien has--
                                    ``(I) a reasonable fear of 
                                retaliation based on immigration 
                                status;
                                    ``(II) has been threatened with 
                                retaliation based on immigration; or
                                    ``(III) has been retaliated against 
                                based on immigration status for 
                                attempting to remedy such violations; 
                                or''.

SEC. 182. MANDATORY ADDRESS REPORTING REQUIREMENTS.

    (a) Clarifying Address Reporting Requirements.--Section 265 (8 
U.S.C. 1305) is amended--
            (1) in subsection (a)--
                    (A) by striking ``notify the Attorney General in 
                writing'' and inserting ``submit written or electronic 
                notification to the Secretary of Homeland Security, in 
                a manner approved by the Secretary,'';
                    (B) by striking ``the Attorney General may 
                require'' and inserting ``the Secretary may require''; 
                and
                    (C) by adding at the end the following: ``If the 
                alien is involved in proceedings before an immigration 
                judge or in an administrative appeal of such 
                proceedings, the alien shall submit to the Attorney 
                General the alien's current address and a telephone 
                number, if any, at which the alien may be contacted.'';
            (2) in subsection (b), by striking ``Attorney General'' 
        each place such term appears and inserting ``Secretary of 
        Homeland Security'';
            (3) in subsection (c), by striking ``given to such parent'' 
        and inserting ``given by such parent''; and
            (4) by adding at the end the following:
    ``(d) Address To Be Provided.--
            ``(1) In general.--Except as otherwise provided by the 
        Secretary under paragraph (2), an address provided by an alien 
        under this section shall be the alien's current residential 
        mailing address, and shall not be a post office box or other 
        nonresidential mailing address or the address of an attorney, 
        representative, labor organization, or employer.
            ``(2) Specific requirements.--The Secretary may provide 
        specific requirements with respect to--
                    ``(A) designated classes of aliens and special 
                circumstances, including aliens who are employed at a 
                remote location; and
                    ``(B) the reporting of address information by 
                aliens who are incarcerated in a Federal, State, or 
                local correctional facility.
            ``(3) Detention.--An alien who is being detained by the 
        Secretary under this Act is not required to report the alien's 
        current address under this section during the time the alien 
        remains in detention, but shall be required to notify the 
        Secretary of the alien's address under this section at the time 
        of the alien's release from detention.
    ``(e) Use of Most Recent Address Provided by the Alien.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, the Secretary may provide for the appropriate coordination 
        and cross referencing of address information provided by an 
        alien under this section with other information relating to the 
        alien's address under other Federal programs, including--
                    ``(A) any information pertaining to the alien, 
                which is submitted in any application, petition, or 
                motion filed under this Act with the Secretary of 
                Homeland Security, the Secretary of State, or the 
                Secretary of Labor;
                    ``(B) any information available to the Attorney 
                General with respect to an alien in a proceeding before 
                an immigration judge or an administrative appeal or 
                judicial review of such proceeding;
                    ``(C) any information collected with respect to 
                nonimmigrant foreign students or exchange program 
                participants under section 641 of the Illegal 
                Immigration Reform and Immigrant Responsibility Act of 
                1996 (8 U.S.C. 1372); and
                    ``(D) any information collected from State or local 
                correctional agencies pursuant to the State Criminal 
                Alien Assistance Program.
            ``(2) Reliance.--The Secretary may rely on the most recent 
        address provided by the alien under this section or section 264 
        to send to the alien any notice, form, document, or other 
        matter pertaining to Federal immigration laws, including 
        service of a notice to appear. The Attorney General and the 
        Secretary may rely on the most recent address provided by the 
        alien under section 239(a)(1)(F) to contact the alien about 
        pending removal proceedings.
            ``(3) Obligation.--The alien's provision of an address for 
        any other purpose under the Federal immigration laws does not 
        excuse the alien's obligation to submit timely notice of the 
        alien's address to the Secretary under this section (or to the 
        Attorney General under section 239(a)(1)(F) with respect to an 
        alien in a proceeding before an immigration judge or an 
        administrative appeal of such proceeding).
    ``(f) Requirement for Database.--The Secretary of Homeland Security 
shall establish an electronic database to timely record and preserve 
addresses provided under this section.''.
    (b) Conforming Changes With Respect to Registration Requirements.--
Chapter 7 of title II (8 U.S.C. 1301 et seq.) is amended--
            (1) in section 262(c), by striking ``Attorney General'' and 
        inserting ``Secretary of Homeland Security'';
            (2) in section 263(a), by striking ``Attorney General'' and 
        inserting ``Secretary of Homeland Security''; and
            (3) in section 264--
                    (A) in subsections (a), (b), (c), and (d), by 
                striking ``Attorney General'' each place it appears and 
                inserting ``Secretary of Homeland Security''; and
                    (B) in subsection (f)--
                            (i) by striking ``Attorney General is 
                        authorized'' and inserting ``Secretary of 
                        Homeland Security and Attorney General are 
                        authorized''; and
                            (ii) by striking ``Attorney General or the 
                        Service'' and inserting ``Secretary or the 
                        Attorney General''.
    (c) Effect on Eligibility for Immigration Benefits.--If an alien 
fails to comply with section 262, 263, or 265 of the Immigration and 
Nationality Act (8 U.S.C. 1302, 1303, and 1305) or section 264.1 of 
title 8, Code of Federal Regulations, or removal orders or voluntary 
departure agreements based on any such section for acts committed prior 
to the enactment of this Act such failure shall not affect the 
eligibility of the alien to apply for a benefit under the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.).
    (d) Technical Amendments.--Section 266 (8 U.S.C. 1306) is amended 
by striking ``Attorney General'' each place it appears and inserting 
``Secretary of Homeland Security''.
    (e) Effective Dates.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall take effect on the date 
        of the enactment of this Act.
            (2) Exceptions.--The amendments made by paragraphs (1)(A), 
        (1)(B), (2), and (3) of subsection (a) shall take effect as if 
        enacted on March 1, 2003.

SEC. 183. PREEMPTION OF STATE AND LOCAL LAW.

    (a) Preemption.--This Act preempts any State or local law, 
contract, license, or other standard, requirement, action or 
instrument--
            (1) discriminating among persons on the basis of 
        immigration status, except as specifically authorized in 
        Federal law; or
            (2) imposing any sanction or liability--
                    (A) on any individual based on his or her 
                immigration status;
                    (B) on any person or entity based on the 
                immigration status of its clients, employees, tenants, 
                or other associates; or
                    (C) relating to a violation or alleged violation of 
                immigration law.
    (b) Definition.--For purposes of this section, ``immigration 
status'' refers to a person's present or previous: visa classification, 
refugee status, temporary protected status, status as an immigrant 
lawfully admitted for permanent residence, lawful presence, work 
authorization, or other classification or category created by, or 
related to this, Act or the Immigration and Nationality Act.

SEC. 184. DELEGATION OF IMMIGRATION AUTHORITY.

    Section 287(g) (8 U.S.C. 1357(g)) is amended to read as follows:
    ``(g) Except as provided in section 103(a)(10), 242, or 274(c), the 
authority to investigate, identify, apprehend, arrest, or detain 
persons for a violation of any section of this Act or regulation 
pursuant to this Act is restricted to immigration officers and 
employees of the Department. Any such authority is further subject to 
any specific limitations set forth in this Act.''.

SEC. 185. IMMIGRATION AND CUSTOMS ENFORCEMENT OMBUDSMAN.

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

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

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

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

SEC. 186. ELIMINATING ARBITRARY BAR TO ASYLUM.

    Section 208(a)(2) (8. U.S.C. 1158(a)(2)) is amended--
            (1) by striking subparagraph (B);
            (2) in subparagraph (C), by striking ``(D)'' and inserting 
        ``(C)'';
            (3) in subparagraph (D), by striking ``subparagraphs (B) 
        and (C),'' and inserting ``subparagraph (B),''; and
            (4) by redesignating subparagraphs (C) and (D) as 
        subparagraphs (B) and (C), respectively.

SEC. 187. RESTORATION OF JUDICIAL REVIEW.

    Section 242 (8 U.S.C. 1252) is amended--
            (1) by striking subsection (a)(2) (matters not subject to 
        judicial review);
            (2) in subsection (b)(1), by striking ``30 days'' and 
        inserting ``60 days'';
            (3) in subsection (b)(3)(B), by striking ``does not'' and 
        inserting ``shall'';
            (4) in subsection (b)(3)(C), by striking ``shall'' and 
        inserting ``may'';
            (5) in subsection (b)(4)(B), by striking ``any reasonable 
        adjudicator would be compelled to conclude to the contrary'' 
        and inserting ``the findings are not supported by substantial 
        evidence'';
            (6) in subsection (b)(8)(C), by inserting ``unless a stay 
        is automatically granted by any provision of law or any court 
        of competent jurisdiction'' after ``to defer removal of the 
        alien'';
            (7) in subsection (b)(9), by striking ``Except as otherwise 
        provided in this section, no court shall have jurisdiction, by 
        habeas corpus under section 2241 of title 28 or any other 
        habeas corpus provision, by section 1361 or 1651 of such title, 
        or by any other provision of law (statutory or nonstatutory), 
        to review such an order or such questions of law or fact.'';
            (8) by striking subsection (e)(1)(B);
            (9) in subsection (e)(2)(B) by inserting ``lawfully'' after 
        ``was'' and before ``ordered'';
            (10) by striking subsection (e)(3);
            (11) by redesignating subsection (e)(4) as subsection 
        (e)(3);
            (12) by redesignating subsection (e)(5) as subsection 
        (e)(4);
            (13) by striking subsection (f);
            (14) by redesignating subsection (g) as subsection (f); and
            (15) in subsection (g) (as so redesignated), by striking 
        ``and notwithstanding any other provision of law (statutory or 
        nonstatutory), including section 2241 of title 28, or any other 
        habeas corpus provision, and sections 1361 and 1651 of such 
        title,''.

                   TITLE II--EMPLOYMENT VERIFICATION

SEC. 201. EMPLOYMENT VERIFICATION.

    (a) In General.--Section 274A (8 U.S.C. 1324a) is amended to read 
as follows:

``SEC. 274A. EMPLOYMENT VERIFICATION.

    ``(a) Making Employment of Unauthorized Aliens Unlawful.--
            ``(1) In general.--It is unlawful for an employer--
                    ``(A) to hire, recruit, or refer for a fee an alien 
                for employment in the United States knowing or with 
                reckless disregard that the alien is an unauthorized 
                alien with respect to such employment; or
                    ``(B) to hire in the United States an individual 
                unless such employer meets the requirements of 
                subsections (b) and (c).
            ``(2) Continuing employment.--It is unlawful for an 
        employer, after lawfully hiring an alien for employment, to 
        continue to employ the alien in the United States knowing that 
        the alien is (or has become) an unauthorized alien with respect 
        to such employment.
            ``(3) Use of labor through contract.--An employer who uses 
        a contract, subcontract, or exchange entered into, 
        renegotiated, or extended after the date of the enactment of 
        this Act to obtain the labor of an alien in the United States 
        knowing or with reckless disregard that the alien is an 
        unauthorized alien with respect to performing such labor, shall 
        be considered to have hired the alien for employment in the 
        United States in violation of paragraph (1)(A).
            ``(4) Treatment of documentation for certain employees.--
                    ``(A) In general.--For purposes of this section, 
                if--
                            ``(i) an individual is a member of a 
                        collective-bargaining unit and is employed, 
                        under a collective bargaining agreement entered 
                        into between one or more employee organizations 
                        and an association of two or more employers, by 
                        an employer that is a member of such 
                        association; and
                            ``(ii) within the period specified in 
                        subparagraph (B), another employer that is a 
                        member of the association (or an agent of such 
                        association on behalf of the employer) has 
                        complied with the requirements of subsection 
                        (b) of this section with respect to the 
                        employment of the individual, the subsequent 
                        employer shall be deemed to have complied with 
                        the requirements of subsection (b) of this 
                        section with respect to the hiring of the 
                        employee and shall not be liable for civil 
                        penalties described in subsection (d)(4) of 
                        this section.
                    ``(B) Period.--The period described in this 
                subparagraph is 3 years, or, if less, the period of 
                time that the individual is authorized to be employed 
                in the United States.
                    ``(C) Liability.--
                            ``(i) In general.--If any employer that is 
                        a member of an association hires for employment 
                        in the United States an individual and relies 
                        upon the provisions of subparagraph (A) to 
                        comply with the requirements of subsection (b) 
                        of this section and the individual is an alien 
                        not authorized to work in the United States, 
                        then for the purposes of paragraph (1)(A), 
                        subject to clause (ii), the employer shall be 
                        presumed to have known at the time of hiring or 
                        afterward that the individual was an alien not 
                        authorized to work in the United States.
                            ``(ii) Rebuttal of presumption.--The 
                        presumption established by clause (i) may be 
                        rebutted by the employer only through the 
                        presentation of clear and convincing evidence 
                        that the employer did not know (and could not 
                        reasonably have known) that the individual at 
                        the time of hiring or afterward was an alien 
                        not authorized to work in the United States.
                            ``(iii) Exception.--Clause (i) shall not 
                        apply in any prosecution under subsection 
                        (e)(1) of this section.
            ``(5) Order of internal review and certification of 
        compliance.--
                    ``(A) Authority to require certification.--If the 
                Secretary has reasonable cause to believe that an 
                employer has failed to comply with this section, the 
                Secretary is authorized, at any time, to require that 
                the employer certify that the employer is in compliance 
                with this section or has instituted a program to come 
                into compliance with the section.
                    ``(B) Content of certification.--Not later than 60 
                days after the date an employer receives a request for 
                a certification under subparagraph (A) the employer 
                shall certify under penalty of perjury that--
                            ``(i) the employer is in compliance with 
                        the requirements of subsections (b) and (c); or
                            ``(ii) that the employer has instituted a 
                        program to come into compliance with such 
                        requirements.
                    ``(C) Extension.--The 60-day period referred to in 
                subparagraph (B), may be extended by the Secretary for 
                good cause, at the request of the employer.
                    ``(D) Publication.--The Secretary is authorized to 
                publish in the Federal Register standards or methods 
                for certification under subparagraph (A) and for 
                specific recordkeeping practices with respect to such 
                certification, and procedures for the audit of any 
                records related to such certification.
            ``(6) Defense.--
                    ``(A) In general.--Subject to subparagraph (B), an 
                employer that establishes that the employer has 
                complied in good faith, notwithstanding a technical or 
                procedural failure, with the requirements of 
                subsections (b) and (c) with respect to the hiring of 
                an individual has established an affirmative defense 
                that the employer has not violated paragraph (1)(B) 
                with respect to such hiring.
                    ``(B) Exception.--Until the date that an employer 
                is required to participate in the Electronic Employment 
                Verification System under subsection (c), the employer 
                may establish an affirmative defense under subparagraph 
                (A) without a showing of compliance with subsection 
                (c).
            ``(7) No authorization of national identification cards.--
        Nothing in this title may be construed to authorize, directly 
        or indirectly, the issuance, use, or establishment of a 
        national identification card or a national identification 
        system.
    ``(b) Document Verification Requirements.--An employer hiring an 
individual for employment in the United States shall verify that the 
individual is eligible for such employment by meeting the following 
requirements:
            ``(1) Attestation by employer.--
                    ``(A) Requirements.--
                            ``(i) In general.--The employer shall 
                        attest, under penalty of perjury and on a form 
                        prescribed by the Secretary, that the employer 
                        has verified the identity and eligibility for 
                        employment of the individual by examining an 
                        original, unexpired document or documents 
                        described in section 274a.2(b)(1)(v) of title 
                        8, Code of Federal Regulation as evidence of 
                        the individual's employment authorization and 
                        identity.
                            ``(ii) Signature requirements.--An 
                        attestation required by clause (i) may be 
                        manifested by a handwritten or electronic 
                        signature.
                            ``(iii) Standards for examination.--An 
                        employer has complied with the requirement of 
                        this paragraph with respect to examination of a 
                        document if the document examined reasonably 
                        appears on its face to be genuine and relates 
                        to the individual whose identity and 
                        eligibility for employment in the United States 
                        is being verified. Nothing in this paragraph 
                        may be construed as requiring the employer to 
                        solicit the production of any other document or 
                        as requiring the individual to produce such 
                        other document.
                    ``(B) Authority to prohibit use of certain 
                documents.--
                            ``(i) Authority.--If the Secretary finds 
                        that a document or class of documents described 
                        in subparagraph (A)(i) is not reliable to 
                        establish identity or eligibility for 
                        employment (as the case may be) or is being 
                        used fraudulently to an unacceptable degree, 
                        the Secretary is authorized to prohibit, or 
                        impose conditions on, the use of such document 
                        or class of documents for purposes of this 
                        subsection.
                            ``(ii) Requirement for publication.--The 
                        Secretary shall publish notice of any findings 
                        under clause (i) in the Federal Register.
            ``(2) Attestation of individual.--
                    ``(A) In general.--The individual shall attest, 
                under penalty of perjury on a form prescribed by the 
                Secretary, that the individual is--
                            ``(i) a national of the United States;
                            ``(ii) an alien lawfully admitted for 
                        permanent residence; or
                            ``(iii) an alien who is authorized under 
                        this Act or by the Secretary to be employed in 
                        the United States.
                    ``(B) Signature for examination.--An attestation 
                required by subparagraph (A) may be manifested by a 
                handwritten or electronic signature.
                    ``(C) Penalties.--An individual who falsely attests 
                that he or she is eligible for employment in the United 
                States shall be subject to the terms and penalties 
                regarding document fraud described in section 274C of 
                the Immigration and Nationality Act.
                    ``(D) Schedule.--
                            ``(i) Replacement documents.--An employer 
                        shall accept a receipt for the application for 
                        a replacement document or a document described 
                        in subparagraph (B) of subsection (b)(1) in 
                        lieu of the required document in order to 
                        comply with any requirement to examine 
                        documentation imposed by this section, in the 
                        following circumstances:
                                    ``(I) The individual is unable to 
                                provide the required document within 
                                the time specified in this section 
                                because the document was lost, stolen, 
                                or damaged.
                                    ``(II) The individual presents a 
                                receipt for the application for the 
                                document within the time specified in 
                                this section.
                                    ``(III) The individual presents the 
                                document within 90 days of the hire. If 
                                the actual document or replacement 
                                document is to be issued by the United 
                                States Citizenship and Immigration 
                                Services and the application is still 
                                under review 60 days after receipt of 
                                the application, United States 
                                Citizenship and Immigration Services 
                                shall, not later than the 60th day 
                                after receipt of the application, issue 
                                a letter for the applicant to take to 
                                the employer which shall automatically 
                                grant the individual an additional 90 
                                days from the original deadline in 
                                subsection (b)(6)(A)(i)(II) to present 
                                the document or replacement document; 
                                and
                            ``(ii) Prohibition on acceptance of a 
                        receipt for short-term employment.--An employer 
                        may not accept a receipt in lieu of the 
                        required document if the individual is hired 
                        for a duration of less than 10 working days.
            ``(3) Document retention and recordkeeping requirements.--
        The System described in subsection (c) shall include an auto-
        save feature allowing the employer to retain an electronic 
        version of an attestation submitted under paragraph (1) or (2) 
        for an individual and a record of any action taken, and copies 
        of any correspondence written or received, with respect to the 
        verification of an individual's identity or eligibility for 
        employment in the United States, including records received 
        through the Electronic Employment Verification System under 
        subsection (c). The employer shall retain such records, either 
        in electronic, paper, microfiche, or microfilm form, and make 
        such attestations available for inspection by an officer of the 
        Department of Homeland Security, any other person designated by 
        the Secretary, the Special Counsel for Immigration-Related 
        Unfair Employment Practices of the Department of Justice, or 
        the Secretary of Labor--
                    ``(A) during a period beginning on the date of the 
                hiring of the individual and ending on the date that is 
                the later of--
                            ``(i) 3 years after the date of such 
                        hiring; or
                            ``(ii) 1 year after the date the 
                        individual's employment is terminated; or
                    ``(B) during a shorter period determined by the 
                Secretary, if the Secretary reduces the period 
                described in subparagraph (A) for the employer or a 
                class of employers that includes the employer.
                    ``(C) Use of retained documents.--An employer shall 
                use copies retained under clause (i) or (ii) of 
                subparagraph (A) only for the purposes of complying 
                with the requirements of this subsection, except as 
                otherwise permitted under law.
            ``(4) Penalties.--An employer that fails to comply with the 
        requirement of this subsection shall be subject to the 
        penalties described in subsection (d)(4)(B).
    ``(c) Electronic Employment Verification System.--
            ``(1) Requirement for system.--The Secretary, in 
        cooperation with the Commissioner of Social Security, shall 
        implement an Electronic Employment Verification System 
        (referred to in this subsection as the `System') as described 
        in this subsection.
            ``(2) Technology standard to verify employment 
        eligibility.--
                    ``(A) In general.--The Secretary, based upon 
                recommendations from the Director of the National 
                Institute of Standards and Technology, shall not later 
                than 180 days after the date of the enactment of the 
                this Act develop and certify a technology standard as 
                described in this subparagraph. The Secretary shall 
                have discretion to extend the 180-day period if the 
                Secretary determines that such extension will result in 
                substantial improvement of the System.
                    ``(B) Integrated.--Notwithstanding any other 
                provision of Federal law, the technology standard 
                developed shall be the technological basis for a secure 
                cross-agency, cross-platform electronic system that is 
                a cost-effective, efficient, fully integrated means to 
                share immigration and Social Security information 
                necessary to confirm the employment eligibility of all 
                individuals seeking employment while protecting 
                individual privacy.
                    ``(C) Report.--Not later than 18 months after the 
                date of the enactment of this Act, the Secretary and 
                the Director of the National Institute of Standards and 
                Technology shall jointly submit to Congress a report 
                describing the development, implementation, efficacy, 
                and privacy implications of the technology standard and 
                the System.
            ``(3) Identity and employment eligibility verification.--An 
        employer shall verify the identity and eligibility for 
        employment of an individual hired by the employer through the 
        System as follows:
                    ``(A) Initial inquiry.--The employer shall submit 
                through the Internet or other electronic media, or over 
                a telephone line an inquiry through the System to seek 
                confirmation of the individual's identity and 
                eligibility for employment in the United States not 
                earlier than on the first day such employment actually 
                commences and not later than 5 working days after the 
                date such employment actually commences.
                            ``(i) In general.--The Secretary, through 
                        the System, shall confirm or tentatively 
                        nonconfirm an individual's identity and 
                        eligibility for employment in the United States 
                        not later than 1 working day after an employer 
                        submits an inquiry regarding the employee.
                            ``(ii) Manual verification.--If the System 
                        provides a tentative nonconfirmation with 
                        respect to an individual under clause (i), the 
                        Secretary and/or Commissioner shall complete a 
                        secondary manual verification not later than 6 
                        working days after such tentative 
                        nonconfirmation is made.
                            ``(iii) Determination.--Not later than 10 
                        days after the employer submits an inquiry 
                        under subparagraph (A) the Secretary, through 
                        the System, shall provide to the employer the 
                        results of the verification required by clause 
                        (i) and (ii). Such results shall be a 
                        determination that--
                                    ``(I) confirms the individual's 
                                identity and eligibility for employment 
                                in the United States; or
                                    ``(II) the System is tentatively 
                                unable to confirm the individual's 
                                identity or eligibility for employment 
                                (referred to in this section as a 
                                `tentative nonconfirmation').
                    ``(B) Submission of information.--An individual who 
                is the subject of a tentative nonconfirmation may 
                submit to the Secretary or Commissioner, through the 
                System, information to confirm such individual's 
                identity or eligibility for employment or to otherwise 
                contest such tentative nonconfirmation not later than 
                15 working days after the individual receives notice of 
                such tentative nonconfirmation.
                    ``(C) Extension.--The 15-day period referred to in 
                subparagraph (B) may be extended by the Secretary for 
                good cause at the request of the individual.
                    ``(D) Prohibition on termination for tentative 
                nonconfirmation.--An employer may not terminate the 
                employment of an individual based on tentative 
                nonconfirmation.
                    ``(E) Final determination.--Not later than 10 days 
                after the individual contests such tentative 
                nonconfirmation or, in the case of an individual who 
                fails to contest such tentative nonconfirmation, not 
                later than 25 days after the date of the initial 
                tentative nonconfirmation, the Secretary shall provide, 
                through the system to the employer the results of the 
                verification. Such results shall be a determination 
                that--
                            ``(i) confirms the individual's identity 
                        and eligibility for employment in the United 
                        States; or
                            ``(ii) the System is unable to confirm the 
                        individual's identity or eligibility for 
                        employment (referred to in this section as a 
                        `final nonconfirmation').
                    ``(F) Administrative and judicial review.--If the 
                Secretary, through the System, provides a final 
                nonconfirmation with respect to an individual, the 
                individual shall have the right to administrative 
                review under paragraph (21) and judicial review under 
                paragraph (22) of such final nonconfirmation.
                    ``(G) Termination of employee.--If an employer 
                receives a final nonconfirmation with respect to an 
                individual under paragraph (E), the employer shall 
                terminate the employment of such individual after the 
                conclusion of the 30-day period for the individual to 
                file an administrative appeal as described in paragraph 
                (21), unless the Secretary or the Commissioner stays 
                the final nonconfirmation notice pending the resolution 
                of the administrative appeal or judicial review.
                    ``(H) Right to review and correct system 
                information.--
                            ``(i) The Secretary, in consultation with 
                        the Commissioner of Social Security, shall 
                        establish procedures to permit an individual to 
                        verify the individual's eligibility for 
                        employment in the United States prior to 
                        obtaining or changing employment, to view the 
                        individual's own records in the System in order 
                        to ensure the accuracy of such records, and to 
                        correct or update the information used by the 
                        System regarding the individual. To the 
                        greatest practicable extent such procedures 
                        shall allow electronic submission of such 
                        information.
                            ``(ii) The Secretary, in consultation with 
                        the Commissioner of Social Security, shall 
                        establish procedures for an Enhanced 
                        Verification System under paragraph (25) 
                        through which an individual who has viewed the 
                        individual's own record may electronically 
                        block he use of the individual's social 
                        security number and may register a phone number 
                        or e-mail address to be contacted upon removal 
                        of the block under the System and remove such 
                        block in order to prevent the fraudulent or 
                        other misuse of a social security account 
                        number, prevent employer misuse of the system, 
                        protect privacy, and limit erroneous non-
                        confirmations during employment verification.
                    ``(H) Reverification.--
                            ``(i) In general.--It is an unfair 
                        immigration-related employment practice under 
                        section 274B for an employer to reverify an 
                        individual's identity and employment 
                        eligibility unless--
                                    ``(I) the individual's work 
                                authorization expires as described in 
                                section 274a.2(b)(1)(vii) of title 8, 
                                Code of Federal Regulation or a 
                                subsequent similar regulation, in which 
                                case--
                                            ``(aa) not later than 30 
                                        days prior to the expiration of 
                                        the individual's work 
                                        authorization, the Secretary 
                                        shall notify the employer of 
                                        such expiration and of the 
                                        employer's need to reverify the 
                                        individual's employment 
                                        eligibility; and
                                            ``(bb) the individual may 
                                        present, and the employer shall 
                                        accept, a receipt for the 
                                        application for a replacement 
                                        document, extension of work 
                                        authorization, or a document 
                                        described in clause (i) through 
                                        (v) of subparagraph (B) of 
                                        subsection (b)(1) in lieu of 
                                        the required document by the 
                                        expiration date in order to 
                                        comply with any requirement to 
                                        examine documentation imposed 
                                        by this section, and the 
                                        individual shall present the 
                                        required document within 90 
                                        days from the date the 
                                        employment authorization 
                                        expires. If the actual document 
                                        or replacement document is to 
                                        be issued by United States 
                                        Citizenship and Immigration 
                                        Services and the application is 
                                        still under review 60 days 
                                        after the employment 
                                        authorization expiration date, 
                                        United States Citizenship and 
                                        Immigration Services shall by 
                                        the 60th day after the 
                                        expiration date of the 
                                        employment authorization, issue 
                                        a letter for the applicant to 
                                        take to the employer which 
                                        shall automatically grant the 
                                        individual an additional 90 
                                        days to present the document or 
                                        replacement document; and
                                    ``(II) the employer has actual or 
                                constructive knowledge that the 
                                individual is not authorized to work in 
                                the United States; or
                                    ``(III) unless otherwise required 
                                by law.
                            ``(ii) Continuing employment.--An employer 
                        may not verify an individual's employment 
                        eligibility if the individual is continuing in 
                        his or her employment as described in section 
                        274a.2(b)(1)(viii) of title 8, Code of Federal 
                        Regulation or any subsequent similar 
                        regulation.
            ``(4) Design and operation of system.--The Secretary, in 
        consultation with the Commissioner of Social Security, shall 
        design and operate the System--
                    ``(A) to maximize reliability and ease of use by 
                employers and employees in a manner that protects and 
                maintains the privacy and security of the information 
                maintained in the System;
                    ``(B) to permit an employer to submit an inquiry to 
                the System through the Internet or other electronic 
                media or over a telephone line;
                    ``(C) to respond to each inquiry made by an 
                employer;
                    ``(D) to maintain a record of each such inquiry and 
                each such response;
                    ``(E) to track and record any occurrence when the 
                System is unable to receive such an inquiry;
                    ``(F) to include appropriate administrative, 
                technical, and physical safeguards to prevent 
                unauthorized disclosure of personal information during 
                use, transmission, storage, or disposal of that 
                information, including the use of encryption, carrying 
                out periodic testing of the System to detect, prevent, 
                and respond to vulnerabilities or other failures, and 
                utilizing periodic security updates;
                    ``(G) to allow for monitoring of the use of the 
                System and provide an audit capability;
                    ``(H) to have reasonable safeguards, developed in 
                consultation with the Attorney General, to prevent 
                employers from engaging in unlawful discriminatory 
                practices;
                    ``(I) to permit an employer to submit the 
                attestations required by subsection (b); and
                    ``(J) to permit an employer to utilize any 
                technology that is consistent with this section and 
                with any regulation or guidance from the Secretary to 
                streamline the procedures to comply with the 
                attestation and employment eligibility verification 
                requirements contained in this section.
            ``(5) Limitation on data elements stored.--
                    ``(A) The System and any databases created by the 
                Commissioner of Social Security or the Secretary for 
                use in the System shall store only the minimum data 
                about each individual for whom an inquiry was made 
                through the System to facilitate the successful 
                operation of the System, and in no case shall the data 
                stored be other than--
                            ``(i) the individual's full legal name;
                            ``(ii) the individual's date of birth;
                            ``(iii) the individual's social security 
                        account number or employment authorization 
                        status identification number;
                            ``(iv) the address of the employer making 
                        the inquiry and the dates of any prior 
                        inquiries concerning the identity and 
                        authorization of the individual by the employer 
                        or any other employer and the address of such 
                        employer;
                            ``(v) a record of each prior determination 
                        regarding the individual's identity and 
                        employment eligibility issued through the 
                        System; and
                            ``(vi) in the case of the individual who 
                        successfully contested or appealed a tentative 
                        nonconfirmation or final nonconfirmation, 
                        explanatory information concerning the 
                        successful resolution of any erroneous data or 
                        confusion regarding the identity or eligibility 
                        for employment of the individual, including the 
                        source of that error.
                    ``(B) Information provided pursuant to subsection 
                (c)(5)(A)(i)-(v) shall be deleted from the System one 
                year after the date of entry unless the Secretary shall 
                determine it is relevant to an ongoing determination or 
                appeal, a review of errors or compensation for errors, 
                or an ongoing investigation of fraud or misuse of the 
                system. The Secretary shall not retain any data 
                pursuant to this subsection after the completion of an 
                appeal or investigation except as described in 
                subsection (c)(5)(A)(vi).
            ``(6) Responsibilities of the commissioner of social 
        security.--The Commissioner of Social Security shall establish 
        a reliable, secure method to provide through the System, within 
        the time periods required by subparagraphs (B) and (C) of 
        paragraph (2)--
                    ``(A) a confirmation of whether or not the 
                individual is a United States citizen;
                    ``(B) a determination of whether the name and 
                social security account number provided, with respect 
                to an individual, in an inquiry by an employer, match 
                such information maintained by the Commissioner in 
                order to confirm the validity of the information 
                provided;
                    ``(C) a determination of whether such social 
                security account number was issued to the individual; 
                and
                    ``(D) a determination described in subparagraph (B) 
                or (C) of paragraph (2), in a manner that ensures that 
                other information maintained by the Commissioner is not 
                disclosed or released to employers through the System.
            ``(7) Responsibilities of the secretary.--The Secretary 
        shall establish a reliable, secure method to provide, through 
        the System, within the time periods required by subparagraphs 
        (B) and (C) of paragraph (2)--
                    ``(A) a determination of whether the name and alien 
                identification or authorization number provided, with 
                respect to an individual, in an inquiry by an employer 
                match such information maintained by the Secretary in 
                order to confirm the validity of the information 
                provided;
                    ``(B) a determination of whether such number was 
                issued to the individual;
                    ``(C) a determination of whether the individual is 
                authorized to be employed in the United States; and
                    ``(D) any other related information that the 
                Secretary determines is appropriate.
            ``(8) Privacy impact assessment.--The Commissioner of 
        Social Security and the Secretary shall each complete a privacy 
        impact assessment as described in section 208 of the E-
        Government Act of 2002 (Public Law 107-347; 44 U.S.C. 3501 
        note) with regard to the System.
            ``(9) Training.--Not later than 6 months before 
        implementation of the EEVS, the Commissioner of Social Security 
        and the Secretary shall institute a comprehensive program of 
        outreach and training for employers regarding the operation of 
        the verification system described in this section and informing 
        them of ongoing assistance resources for the implementation and 
        use of such systems.
            ``(10) Public education.--Not later than 6 months before 
        implementation of the EEVS, the Commissioner of Social Security 
        and the Secretary shall develop a public education campaign 
        regarding the obligations imposed by this section as well as 
        instructional materials provided without cost to the public 
        regarding how to use the EEVS.
            ``(11) Hotline.--The Secretary shall establish a fully 
        staffed 24-hour toll-free hotline that shall receive inquiries 
        from individuals or employers concerning determinations made by 
        the System and shall identify for an individual, at the time of 
        inquiry, the particular data that resulted in a determination 
        that the System was unable to verify the individual's identity 
        or eligibility for employment.
            ``(12) Participation.--
                    ``(A) Requirements for participation.--Except as 
                provided in subparagraphs (D) and (E), the Secretary 
                shall require employers to participate in the System as 
                follows:
                            ``(i) Critical employers.--Not later than 6 
                        months after the date of enactment of this Act, 
                        the Secretary shall require all agencies and 
                        departments of the United States (including the 
                        Armed Forces), a State government (including a 
                        State employment agency before making a 
                        referral), or any other employer if it employs 
                        individuals working in a location that is a 
                        Federal, State, or local government building, a 
                        military base, a nuclear energy site, a weapon 
                        site, or an airport, but only to the extent of 
                        such individuals, to participate in the System, 
                        with respect to all individuals hired after the 
                        date the Secretary requires such participation.
                            ``(ii) Large employers.--Not later than 1 
                        year after the date of enactment of this Act 
                        the Secretary shall require an employer with 
                        5,000 or more employees in the United States to 
                        participate in the System, with respect to all 
                        employees hired by the employer after the date 
                        the Secretary requires such participation.
                            ``(iii) Midsized employers.--Not later than 
                        2 years after the date of enactment of this Act 
                        the Secretary shall require an employer with 
                        less than 5,000 employees and 1,000 or more 
                        employees in the United States to participate 
                        in the System, with respect to all employees 
                        hired by the employer after the date the 
                        Secretary requires such participation.
                            ``(iv) Small employers.--Not later than 3 
                        years after the date of the enactment of the 
                        this Act, the Secretary shall require all 
                        employers with less than 1,000 employees in the 
                        United States to participate in the System, 
                        with respect to all employees hired by the 
                        employer after the date the Secretary requires 
                        such participation.
                    ``(B) Requirement to publish.--The Secretary shall 
                publish in the Federal Register the requirements for 
                participation in the System for employers described in 
                clauses (i) through (iv) of subparagraph (A) prior to 
                the effective date of such requirements.
                    ``(C) Other participation in system.--
                Notwithstanding subparagraph (A), the Secretary has the 
                authority to permit any employer that is not required 
                to participate in the System under subparagraph (A) to 
                participate in the System on a voluntary basis
                    ``(D) Waiver.--
                            ``(i) Authority to provide a waiver.--The 
                        Secretary is authorized to waive or delay the 
                        participation requirements of subparagraph (A) 
                        with respect to any employer or class of 
                        employers if the Secretary provides notice to 
                        Congress of such waiver prior to the date such 
                        waiver is granted.
                            ``(ii) Requirement to provide a waiver.--
                        The Secretary shall waive or delay the 
                        participation requirements of subparagraph (A) 
                        with respect to any employer or class of 
                        employers until the date that the Comptroller 
                        General of the United States submits the 
                        initial certification described in paragraph 
                        (19)(E) and shall waive or delay such 
                        participation during a year if the Comptroller 
                        General fails to submit a certification of 
                        paragraph (19)(E) for such year.
                    ``(E) Consequence of failure to participate.--If an 
                employer is required to participate in the System and 
                fails to comply with the requirements of the System 
                with respect to an individual--
                            ``(i) such failure shall be treated as a 
                        violation of subsection (a)(1)(B); and
                            ``(ii) a rebuttable presumption is created 
                        that the employer has violated subsection 
                        (a)(1)(A), however, such presumption may not 
                        apply to a prosecution under subsection (e)(1).
            ``(13) Employer requirements.--
                    ``(A) In general.--An employer that participates in 
                the System, with respect to the hiring of an individual 
                for employment in the United States, shall--
                            ``(i) notify the individual of the use of 
                        the System and that the System may be used for 
                        immigration enforcement purposes;
                            ``(ii) obtain from the individual the 
                        documents required by subsection (b)(1) and 
                        record on the form designated by the 
                        Secretary--
                                    ``(I) the individual's social 
                                security account number; and
                                    ``(II) in the case of an individual 
                                who does not attest that the individual 
                                is a national of the United States 
                                under subsection (b)(2), such 
                                identification or authorization number 
                                that the Secretary shall require;
                            ``(iii) retain such form in electronic, 
                        paper, microfilm, or microfiche form and make 
                        such form available for inspection for the 
                        periods and in the manner described in 
                        subsection (b)(3); and
                            ``(iv) safeguard any information collected 
                        for purposes of the System and protect any 
                        means of access to such information to ensure 
                        that such information is not used for any 
                        purpose other than to determine the identity 
                        and employment eligibility of the individual 
                        and to protect the confidentiality of such 
                        information, including ensuring that such 
                        information is not provided to any person other 
                        than a person who carries out the employer's 
                        responsibilities under this subsection. Failure 
                        to safeguard such information shall be a 
                        violation of subsection (c)(14).
                    ``(B) Confirmation, tentative nonconfirmation, or 
                final nonconfirmation.--
                            ``(i) Confirmation.--If an employer 
                        receives a determination through the System 
                        under paragraph (3) for an individual, the 
                        employer shall retain either an electronic, 
                        paper, or microfiche form record of such 
                        confirmation for the period required by 
                        subsection (b)(4)(A).
                            ``(ii) Tentative nonconfirmation and 
                        verification.--
                                    ``(I) Nonconfirmation.--If an 
                                employer receives a tentative 
                                nonconfirmation with respect to an 
                                individual, the employer shall retain 
                                either an electronic or paper record of 
                                such nonconfirmation for the period 
                                required by subsection (b)(4)(A) and 
                                inform such individual not later than 3 
                                working days after the issuance of such 
                                notice in the manner prescribed by the 
                                Secretary that includes information 
                                regarding the individual's right to 
                                submit information to contest the 
                                tentative nonconfirmation and the 
                                address and telephone numbers 
                                established by the Commissioner and the 
                                Secretary to obtain information on how 
                                to submit such information. The 
                                individual must acknowledge in writing 
                                whether or not the individual chooses 
                                to contest or not contest the tentative 
                                nonconfirmation. The employer shall 
                                submit to the System the individual's 
                                action.
                                    ``(II) No contest.--If the 
                                individual does not contest the 
                                tentative nonconfirmation notice within 
                                15 working days of receiving notice 
                                from the individual's employer, the 
                                notice shall become final and the 
                                employer shall retain either an 
                                electronic or paper record of such 
                                final nonconfirmation for the period 
                                required by subsection (b)(4)(A). An 
                                individual's failure to contest a 
                                tentative nonconfirmation may not be 
                                the basis for determining that the 
                                employer acted in a knowing (as defined 
                                in section 274a.1 of title 8, Code of 
                                Federal Regulations, or any 
                                corresponding similar regulation) 
                                manner.
                                    ``(III) Contest.--If the individual 
                                contests the tentative nonconfirmation 
                                notice under subclause (I), the 
                                individual shall submit appropriate 
                                information to contest such notice to 
                                the Secretary or Commissioner of Social 
                                Security within 15 working days of 
                                receiving notice from the individual's 
                                employer and shall utilize the 
                                verification process developed under 
                                paragraph (3)(B).
                                    ``(IV) Effective period of 
                                tentative nonconfirmation.--A tentative 
                                nonconfirmation notice shall remain in 
                                effect until such notice becomes final 
                                under clause (II) or a final 
                                confirmation notice or final 
                                nonconfirmation notice is issued by the 
                                System.
                                    ``(V) Prohibition.--An employer may 
                                not terminate the employment of an 
                                individual based on a tentative 
                                nonconfirmation notice. Nothing in this 
                                clause shall apply to termination of 
                                employment for any legitimate reason 
                                other than because of such a tentative 
                                nonconfirmation.
                            ``(iii) Final nonconfirmation.--
                                    ``(I) If an employer has received a 
                                final nonconfirmation with respect to 
                                an individual, the employer shall 
                                terminate the employment of the 
                                individual after the expiration of the 
                                time period prescribed in paragraph 
                                (21) for the individual to file an 
                                administrative appeal of a final 
                                nonconfirmation notice, unless the 
                                Secretary or the Commissioner stays the 
                                final nonconfirmation notice pending 
                                the resolution of the administrative 
                                appeal, or a stay is issued pending 
                                judicial review.
                                    ``(II) Continued employment after 
                                final nonconfirmation.--If the employer 
                                continues to employ (or to recruit or 
                                refer) an individual after the 
                                expiration of the period for the 
                                individual to file an administrative 
                                appeal of a final nonconfirmation 
                                notice under paragraph (21) (unless the 
                                Secretary or the Commissioner stayed 
                                the final nonconfirmation notice 
                                pending the resolution of the 
                                administrative appeal or a stay is 
                                issued pending judicial review), a 
                                rebuttable presumption is created that 
                                the employer has violated subsections 
                                paragraphs (1)(A) and (2) of subsection 
                                (a). Such presumption may not apply to 
                                a prosecution under subsection (e)(1).
            ``(14) Prohibition of unlawful accessing and obtaining of 
        information.--
                    ``(A) In general.--It shall be unlawful for any 
                individual other than an employee of the Social 
                Security Administration or the Department of Homeland 
                Security specifically charged with maintaining the 
                System to intentionally and knowingly--
                            ``(i) access the System or the databases 
                        utilized to verify identity or employment 
                        eligibility for the System for any purpose 
                        other than verifying identity or employment 
                        eligibility or modifying the System pursuant to 
                        law or regulation; or
                            ``(ii) obtain the information concerning an 
                        individual stored in the System or the 
                        databases utilized to verify identity or 
                        employment eligibility for the System for any 
                        purpose other than verifying identity or 
                        employment authorization or modifying the 
                        System pursuant to law or regulation.
                    ``(B) Penalties.--
                            ``(i) Unlawful access.--Any individual who 
                        unlawfully accesses the System or the databases 
                        as described in subparagraph (A)(i) shall be 
                        fined no more than $1,000 per individual or 
                        sentenced to no more than 6 months imprisonment 
                        or both per individual whose file was 
                        compromised.
                            ``(ii) Unlawful use.--Any individual who 
                        unlawfully obtains information stored in the 
                        System in the database utilized to verify 
                        identity or employment eligibility for the 
                        System and uses the information to commit 
                        identity theft for financial gain or to evade 
                        security or to assist another in gaining 
                        financially or evading security, shall be fined 
                        no more than $10,000 per individual or 
                        sentenced to no more than 1 year of 
                        imprisonment or both per individual whose 
                        information was obtained and misappropriated.
            ``(15) Protection from liability.--No employer that 
        participates in the System and complies in good faith with the 
        attestation in subsection (b)(1) and the employer requirements 
        of this section shall be liable under any law for any 
        employment-related action taken with respect to an individual 
        in good faith reliance on information provided by the System 
        regarding that individual.
            ``(16) Limitation on use of the system.--Notwithstanding 
        any other provision of law, nothing in this subsection shall be 
        construed to permit or allow any department, bureau, or other 
        agency of the United States to utilize any information, 
        database, or other records used in the System for any purpose 
        other than as provided for under this subsection.
            ``(17) Access to database.--No officer or employee of any 
        agency or department of the United States, other than such an 
        officer or employee who is responsible for the verification of 
        employment eligibility or for the evaluation of an employment 
        eligibility verification program at the Social Security 
        Administration, the Department of Homeland Security, and the 
        Department of Labor, may have access to any information, 
        database, or other records utilized by the System.
            ``(18) Modification authority.--The Secretary, after notice 
        is submitted to Congress and provided to the public in the 
        Federal Register, is authorized to modify the requirements of 
        this subsection, including requirements with respect to 
        completion of forms, method of storage, attestations, copying 
        of documents, signatures, methods of transmitting information, 
        and other operational and technical aspects to improve the 
        efficiency, accuracy, and security of the System.
            ``(19) Annual study and report.--
                    ``(A) Requirement for study.--The Comptroller 
                General of the United States shall conduct an annual 
                study of the System as described in this paragraph.
                    ``(B) Purpose of the study.--The Comptroller 
                General shall, for each year, undertake a study to 
                determine whether the System meets the following 
                requirements:
                            ``(i) Demonstrated accuracy of the 
                        databases.--New information and information 
                        changes submitted by an individual to the 
                        System is updated in all of the relevant 
                        databases not later than 3 working days after 
                        submission in at least 99 percent of all cases.
                            ``(ii) Low error rates and delays in 
                        verification.--
                                    ``(I) Rates of incorrect final 
                                nonconfirmation notices.--That, during 
                                a year, not more than .5 percent of all 
                                final nonconfirmations provided through 
                                the System during such year are 
                                incorrect.
                                    ``(II) Rates of incorrect tentative 
                                nonconfirmation notices.--
                                            ``(aa) That, during a year, 
                                        not more than 1 percent of 
                                        native-born United States 
                                        citizens whose identity and 
                                        work eligibility are submitted 
                                        to the system is the subject of 
                                        a tentative nonconfirmation.
                                            ``(bb) That, during a year, 
                                        not more than 3 percent of 
                                        foreign-born, work authorized 
                                        individuals whose identity and 
                                        work eligibility are submitted 
                                        to the System are the subject 
                                        of a tentative nonconfirmation.
                            ``(iii) Containment of error rates.--That, 
                        during a year, the rate of incorrect final and 
                        incorrect tentative nonconfirmations shall not 
                        have increased by more than 3 percent over the 
                        previous year.
                            ``(iv) Measurable employer compliance with 
                        system requirements.--
                                    ``(I) No discrimination based on 
                                system operations.--The System has not 
                                resulted in increased employment 
                                discrimination on the basis of race or 
                                national origin.
                                    ``(II) Requirement for independent 
                                study.--The determination described in 
                                subclause (I) shall be based on an 
                                independent study commissioned by the 
                                Comptroller General in each phase of 
                                expansion of the System.
                            ``(v) Protection of workers' private 
                        information.--At least 97 percent of employers 
                        who participate in the System are in full 
                        compliance with the privacy requirements 
                        described in this subsection.
                            ``(vi) Effective security.--An assessment 
                        of the privacy and confidentiality of the 
                        system and of the overall security of the 
                        system with respect to cybertheft and theft and 
                        misuse of private data.
                            ``(vii) Adequate agency staffing and 
                        funding.--The Secretary and Commissioner of 
                        Social Security have sufficient funding to meet 
                        all of the deadlines and requirements of this 
                        subsection.
                    ``(C) Consultation.--In conducting a study under 
                this paragraph, the Comptroller General shall consult 
                with representatives of business, labor, immigrant 
                communities, State governments, privacy advocates, and 
                appropriate departments of the United States.
                    ``(D) Requirement for reports.--Not later than 21 
                months after the date of the enactment of this Act and 
                annually thereafter, the Comptroller General shall 
                submit to the Secretary and to Congress a report 
                containing the findings of the study carried out under 
                this paragraph.
                    ``(E) Certification.--If the Comptroller General 
                determines that the System meets the requirements set 
                out in clauses (i) through (vii) of subparagraph (B) 
                for a year, the Comptroller shall certify such 
                determination and submit such certification to Congress 
                with the report required by subparagraph (D).
            ``(20) Annual audit and report.--
                    ``(A) Purpose of the audit and report.--The Office 
                for Civil Rights and Civil Liberties shall conduct 
                annual audits of the system described in section 403(a) 
                of the Illegal Immigration Reform and Responsibility 
                Act of 1996, Public Law 104-208, Div. C, 110 Stat. 
                3009-546, to assess employer compliance with System 
                requirements, including civil rights and civil 
                liberties protections, and compliance with the System 
                rules and procedures set forth in the Memorandum of 
                Understanding between employers and the Social Security 
                Administration and the Department of Homeland Security.
                    ``(B) Requirements of audit.--Annual audits shall 
                include, but are not limited to, the following 
                activities:
                            ``(i) Use of testers to check if employers 
                        are using E-Verify as outlined in the 
                        Memorandum of Understanding between employers 
                        and the Department of Homeland Security and the 
                        Social Security Administration, including if 
                        employers are misusing the system to prescreen 
                        job applicants, if employers are giving proper 
                        notification to employees' regarding tentative 
                        non-confirmations, and if employers are taking 
                        adverse actions against workers based upon 
                        tentative non-confirmations.
                            ``(ii) Random audits of employers to 
                        confirm that employers are using the system as 
                        outlined in the Memorandum of Understanding and 
                        in a manner consistent with civil rights and 
                        civil liberties protections.
                            ``(iii) Periodic audits of employers for 
                        which the Special Counsel has received 
                        information or complaints and/or actual charges 
                        of citizenship/national origin discrimination 
                        or document abuse.
                    ``(C) Authority of office for civil rights and 
                civil liberties.--The Office shall have the authority 
                to obtain from users of the E-Verify program relevant 
                documents and testimony and answers to written 
                interrogatories. The Office shall also have the 
                authority to conduct site visits, and interview 
                employees.
                    ``(D) Failure of employers to cooperate.--Employers 
                that fail to cooperate with the Office for Civil Rights 
                and Civil Liberties shall be noted in the annual report 
                set forth below in subsection (E).
                    ``(E) Requirement for reports.--Not later than 18 
                months after the date of enactment of this Act, and 
                annually thereafter, the Office for Civil Rights and 
                Civil Liberties shall submit to the President of the 
                Senate, the Speaker of the House of Representatives, 
                and the appropriate committees and subcommittees of 
                Congress a report containing the findings of the audit 
                carried out under this paragraph.
            ``(21) Administrative review.--
                    ``(A) In general.--An individual who receives a 
                final nonconfirmation may, not later than 30 days after 
                the date of such notice, file an appeal of such final 
                nonconfirmation. An individual subject to a final 
                nonconfirmation may file an appeal thereof after the 
                30-day period if the appeal is accompanied by evidence 
                that the individual did not receive timely notice of a 
                tentative or final nonconfirmation, or that there was 
                good cause for the failure to file an appeal within the 
                30-day period.
                    ``(B) Procedures.--
                            ``(i) The Secretary and Commissioner of 
                        Social Security shall develop procedures to 
                        review appeals filed under subparagraph (A) and 
                        to make final determinations on such appeals. 
                        The review on appeal may include any additional 
                        or newly discovered evidence presented by the 
                        appellant during the time of the pending appeal 
                        or subsequently by motion to reopen.
                            ``(ii) The Secretary or the Commissioner 
                        shall stay the final nonconfirmation notice 
                        pending the resolution of the administrative 
                        appeal unless the Secretary or the Commissioner 
                        determines that the administrative appeal is 
                        frivolous, unlikely to succeed on the merits, 
                        or filed for purposes of delay.
                    ``(C) Review for errors.--If a final determination 
                on an appeal filed under subparagraph (A) results in a 
                confirmation of an individual's eligibility for 
                employment in the United States, the administrative 
                review process shall require the Secretary to determine 
                if the final nonconfirmation issued for the individual 
                was the result of--
                            ``(i) an error or negligence on the part of 
                        an employee or official operating or 
                        responsible for the System;
                            ``(ii) an error or negligence on the part 
                        of an employer or entity acting on behalf of 
                        the employer;
                            ``(iii) the decision rules, processes, or 
                        procedures utilized by the System; or
                            ``(iv) erroneous system information that 
                        was not the result of acts or omissions of the 
                        individual.
                    ``(D) Compensation for error.--
                            ``(i) In general.--If the individual was 
                        denied a stay under subparagraph (B)(2) and 
                        Secretary makes a determination under 
                        subparagraph (C) that the final nonconfirmation 
                        issued for an individual was not caused by an 
                        act or omission of the individual or the 
                        employer, the Secretary shall compensate the 
                        individual for lost wages and for reasonable 
                        costs and attorneys' fees not exceeding 
                        $75,000, subject to annual inflation 
                        adjustments per the 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 administrative review process described 
                        in this paragraph, or judicial review if any, 
                        or the day after the individual is reinstated 
                        or obtains employment elsewhere, whichever 
                        occurs first. If the individual obtains 
                        employment elsewhere at a lower wage rate, the 
                        individual shall be compensated for the 
                        difference in wages for the period ending 180 
                        days after completion of the administrative 
                        review process or judicial review, if any.
                            ``(iii) Limitation on compensation.--For 
                        purposes of determining an individual's 
                        compensation for the loss of employment, such 
                        compensation shall not include any period in 
                        which the individual was ineligible for 
                        employment in the United States.
                            ``(iv) Source of funds.--Compensation or 
                        reimbursement provided under this paragraph 
                        shall not be provided from funds appropriated 
                        in annual appropriations Acts to the Secretary 
                        for the Department of Homeland Security.
                    ``(E) Temporary stay of final administrative 
                decision denying appeal.--If the appeal is denied, the 
                Secretary shall stay the decision for a period of 15 
                days to permit the individual to seek judicial review 
                of the decision pursuant to paragraph (21).
            ``(22) Judicial review.--
                    ``(A) In general.--After the Secretary makes a 
                final determination on an appeal filed by an individual 
                under paragraph (19), the individual may obtain 
                judicial review of such determination in a civil action 
                commenced not later than 90 days after notice of such 
                decision, or such further time as the Secretary may 
                allow.
                    ``(B) Jurisdiction.--A civil action for such 
                judicial review shall be brought in the district court 
                of the United States for the judicial district in which 
                the plaintiff resides, or has a principal place of 
                business, or, if the plaintiff does not reside or have 
                a principal place of business within any such judicial 
                district, in the District Court of the United States 
                for the District of Columbia.
                    ``(C) Answer.--As part of the Secretary's answer to 
                a complaint for such judicial review, the Secretary 
                shall file a certified copy of the administrative 
                record compiled during the administrative review under 
                paragraph (21), including the evidence upon which the 
                findings and decision complained of are based. The 
                court shall have power to enter, upon the pleadings and 
                transcript of the record, a judgment affirming or 
                reversing the result of that administrative review, 
                with or without remanding the cause for a rehearing.
                    ``(D) Compensation for error.--
                            ``(i) In general.--In cases in which the 
                        individual was denied a stay under subparagraph 
                        (19)(B)(2) and such judicial review reverses 
                        the final determination of the Secretary made 
                        under paragraph (21), the court shall 
                        compensate the individual for lost wages and 
                        for reasonable costs and attorneys' fees not 
                        exceeding $75,000, subject to annual inflation 
                        adjustments per the 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 administrative 
                        and judicial review process.
            ``(23) Private right of action.--If the Secretary makes a 
        determination under paragraph (21) that the final 
        nonconfirmation issued for an individual was caused by an act 
        or negligence on the part of the employer, the individual may 
        seek recovery of damages, reinstatement, back pay, and other 
        appropriate remedies in a civil action against the employer. 
        Such action must be commenced not later than 90 days after 
        notice of the Secretary's decision. The action shall be brought 
        in the district court of the United States for the judicial 
        district in which the plaintiff resides, or has a principal 
        place of business, or, if the plaintiff does not reside or have 
        a principal place of business within any such judicial 
        district, in the District Court of the United States for the 
        District of Columbia.
            ``(24) Statutory construction.--Nothing in this subsection 
        shall affect any existing rights and obligations of employers 
        or employees under other Federal, State, or local laws.
            ``(25) Enhanced verification system.--The Secretary, in 
        consultation with the Commissioner of Social Security, shall 
        establish a voluntary self-verification system in order to 
        prevent the fraudulent or other misuse of the individual's 
        Social Security number during employment verification, to 
        prevent employer misuse of the system, to protect privacy, and 
        to limit erroneous nonconfirmation during employment 
        verification. The voluntary system shall allow an individual to 
        verify the individual's own record, to block and unblock the 
        use of the individual's Social Security number, and to register 
        a phone number or e-mail address to be contacted upon removal 
        of the block.
                    ``(A) Voluntary enrollment.--An individual may 
                enroll in the Enhanced Verification System on a 
                voluntary basis.
                    ``(B) Select entities required to participate in 
                the enhanced verification system.--
                            ``(i) Executive departments.--Each 
                        Department of the Federal Government shall 
                        elect to participate in the Enhanced 
                        Verification System and shall comply with the 
                        terms and conditions of such an election.
                            ``(ii) Legislative branch.--Each Member of 
                        Congress, each officer of Congress, and the 
                        head of each agency of the legislative branch 
                        shall elect to participate in the Enhanced 
                        Verification System and shall comply with the 
                        terms and conditions of such an election.
                    ``(C) Electronic access.--The Secretary shall 
                establish procedures allowing individuals to use a 
                Personal Identification Number (PIN) or other 
                biographic information to authenticate the individual's 
                identity and to block and unblock the individual's 
                Social Security number electronically.
                    ``(D) Use of enhanced verification system receipt 
                for purpose of employment verification.--
                            ``(i) Encrypted code.--The Secretary shall 
                        establish procedures to allow an individual who 
                        has authenticated the individual's identity and 
                        unblocked the individual's Social Security 
                        number to receive a single-use encrypted code 
                        which may be presented to the employer instead 
                        of the documents described in subsection (b) 
                        and for the employer to submit the encrypted 
                        single-use code to the system.
                            ``(ii) Confirmation.--An employer who 
                        submits a valid single-use encrypted code with 
                        respect to an individual shall immediately 
                        receive a confirmation through the system.
                            ``(iii) Expedited review process.--The 
                        Secretary shall establish an expedited review 
                        process to allow an individual who has 
                        authenticated the individual's identity and 
                        unblocked the individual's Social Security 
                        number immediately to correct user or system 
                        errors which result in an erroneous non-
                        confirmation of work eligibility.
                    ``(E) Reports.--
                            ``(i) In general.--The Secretary of 
                        Homeland Security shall submit to the 
                        Committees on the Judiciary of the House of 
                        Representatives and of the Senate reports on 
                        the Enhanced Verification System within 3 
                        months after the end of the third and fourth 
                        years in which the programs are in effect. Such 
                        reports shall--
                                    ``(I) assess the degree of 
                                fraudulent attesting of United States 
                                citizenship;
                                    ``(II) assess the benefits of the 
                                Enhanced Verification System to 
                                employers and the degree to which it 
                                prevents fraudulent claims of United 
                                States citizenship or legal residence 
                                and strengthens the enforcement of 
                                section 274A;
                                    ``(III) assess the benefits of the 
                                Enhanced Verification System to 
                                individuals and the degree to which 
                                they prevent misuse of the System and 
                                erroneous non-confirmations during 
                                employment verification;
                                    ``(IV) assess if the Enhanced 
                                Verification System aides in reducing 
                                discrimination during the employment 
                                verification process;
                                    ``(V) assess the degree to which 
                                the Enhanced Verification System 
                                protects employee civil liberties and 
                                privacy; and
                                    ``(VI) include recommendations on 
                                whether or not Enhanced Verification 
                                System should be continued or modified, 
                                and
                            ``(ii) Report on expansion.--Not later than 
                        6 months after the end of the fourth year in 
                        which the programs are in effect, the Secretary 
                        of Homeland Security shall submit to the 
                        Committees on the Judiciary of the House of 
                        Representatives and the Senate a report--
                                    ``(I) evaluating whether the 
                                problems identified by the report 
                                submitted under subsection (i) have 
                                been substantially resolved; and
                                    ``(II) describing what actions the 
                                Secretary of Homeland Security shall 
                                take before requiring any individuals 
                                to participate in the Enhanced 
                                Verification System.
                    ``(F) Limitation on use of the confirmation system 
                and any related systems.--Notwithstanding any other 
                provision of law, nothing in this subtitle shall be 
                construed to permit or allow any department, bureau, or 
                other agency of the United States Government to utilize 
                any information, data base, or other records assembled 
                under this subtitle for any other purpose other than as 
                provided for under the Enhanced Verification System.
    ``(d) Compliance.--
            ``(1) Complaints and investigations.--The Secretary shall 
        establish procedures--
                    ``(A) for a person to file a complaint regarding a 
                potential violation of paragraph (1)(A), (1)(B), or (2) 
                of subsection (a);
                    ``(B) for the investigation of any such complaint 
                that the Secretary determines is appropriate to 
                investigate; and
                    ``(C) for the investigation of such other violation 
                of paragraph (1)(A), (1)(B), or (2) of subsection (a) 
                that the Secretary determines is appropriate.
            ``(2) Authority in investigations.--
                    ``(A) In general.--In conducting investigations and 
                hearings under this subsection, officers and employees 
                of the Department of Homeland Security, if designated 
                by the Secretary, may compel by subpoena the attendance 
                of witnesses and the production of evidence at any 
                designated place in an investigation or case under this 
                subsection.
                    ``(B) Failure to cooperate.--In case of refusal to 
                obey a subpoena lawfully issued under subparagraph (A), 
                the Secretary may request that the Attorney General 
                apply in an appropriate district court of the United 
                States for an order requiring compliance with such 
                subpoena, and any failure to obey such order may be 
                punished by such court as contempt.
                    ``(C) Department of labor.--The Secretary of Labor 
                shall have the investigative authority provided under 
                section 11(a) of the Fair Labor Standards Act of 1938 
                (29 U.S.C. 211(a)) to ensure compliance with the 
                provisions of this section, or any regulation or order 
                issued under this section.
                    ``(D) Agency representation and coordination.--
                United States Immigration and Customs Enforcement 
                officials may not misrepresent to employees or 
                employers that they are a member of any agency or 
                organization that provides domestic violence services, 
                enforces health and safety law or other labor laws, 
                provides health care services, or any other services 
                intended to protect life and safety.
            ``(3) Compliance procedures.--
                    ``(A) Prepenalty notice.--If the Secretary has 
                reasonable cause to believe that there has been a 
                violation of a requirement of this section and 
                determines that further proceedings related to such 
                violation are warranted, the Secretary shall issue to 
                the employer concerned a written notice of the 
                Secretary's intention to issue a claim for a fine or 
                other penalty. Such notice shall--
                            ``(i) describe the violation;
                            ``(ii) specify the laws and regulations 
                        allegedly violated;
                            ``(iii) disclose the material facts which 
                        establish the alleged violation; and
                            ``(iv) inform such employer that the 
                        employer shall have a reasonable opportunity to 
                        make representations as to why a claim for a 
                        monetary or other penalty should not be 
                        imposed.
                    ``(B) Remission or mitigation of penalties.--
                            ``(i) Petition by employer.--If an employer 
                        receives written notice of a fine or other 
                        penalty in accordance with subparagraph (A), 
                        the employer may file within 45 days from 
                        receipt of such notice, with the Secretary a 
                        petition for the remission or mitigation of 
                        such fine or penalty, or a petition for 
                        termination of the proceedings. The petition 
                        may include any relevant evidence or proffer of 
                        evidence the employer wishes to present, and 
                        shall be filed and considered in accordance 
                        with procedures to be established by the 
                        Secretary.
                            ``(ii) Review by secretary.--If the 
                        Secretary finds that such fine or other penalty 
                        was incurred erroneously, or finds the 
                        existence of such mitigating circumstances as 
                        to justify the remission or mitigation of such 
                        fine or penalty, the Secretary may remit or 
                        mitigate such fine or other penalty on the 
                        terms and conditions as the Secretary 
                        determines are reasonable and just, or order 
                        termination of any proceedings related to the 
                        notice. Such mitigating circumstances may 
                        include good faith compliance and participation 
                        in, or agreement to participate in, the System, 
                        if not otherwise required.
                            ``(iii) Applicability.--This subparagraph 
                        may not apply to an employer that has or is 
                        engaged in a pattern or practice of violations 
                        of paragraph (1)(A), (1)(B), or (2) of 
                        subsection (a) or of any other requirements of 
                        this section.
                    ``(C) Penalty claim.--After considering evidence 
                and representations offered by the employer pursuant to 
                subparagraph (B), the Secretary shall determine whether 
                there was a violation and promptly issue a written 
                final determination setting forth the findings of fact 
                and conclusions of law on which the determination is 
                based and the appropriate penalty.
            ``(4) Civil penalties.--
                    ``(A) Hiring or continuing to employ unauthorized 
                aliens.--Any employer that violates paragraph (1)(A) or 
                (2) of subsection (a) shall pay civil penalties as 
                follows:
                            ``(i) Pay a civil penalty of not less than 
                        $500 and not more than $4,000 for each 
                        unauthorized alien with respect to each such 
                        violation.
                            ``(ii) If the employer has previously been 
                        fined 1 time within the preceding 12 months 
                        under this subparagraph, pay a civil penalty of 
                        not less than $4,000 and not more than $10,000 
                        for each unauthorized alien with respect to 
                        each such violation.
                            ``(iii) If the employer has previously been 
                        fined more than 1 time within the preceding 12 
                        months under this subparagraph or has failed to 
                        comply with a previously issued and final order 
                        related to any such provision, pay a civil 
                        penalty of not less than $6,000 and not more 
                        than $20,000 for each unauthorized alien with 
                        respect to each such violation.
                    ``(B) Recordkeeping or verification practices.--Any 
                employer that violates or fails to comply with 
                paragraph (1)(B) of subsection (a) shall pay a civil 
                penalty as follows:
                            ``(i) Pay a civil penalty of not less than 
                        $200 and not more than $2,000 for each such 
                        violation or failure.
                            ``(ii) If the employer has previously been 
                        fined 1 time within the preceding 12 months 
                        under this subparagraph, pay a civil penalty of 
                        not less than $400 and not more than $4,000 for 
                        each such violation of failure.
                            ``(iii) If the employer has previously been 
                        fined more than 1 time within the preceding 12 
                        months under this subparagraph or has failed to 
                        comply with a previously issued and final order 
                        related to such requirements, pay a civil 
                        penalty of $6,000 for each such violation or 
                        failure.
                            ``(iv) Special rule governing paperwork 
                        violation.--In the case where an employer 
                        commits a violation of this section that is 
                        deemed to be purely a paperwork violation where 
                        the Secretary fails to establish any intent to 
                        hire an individual who is not unauthorized for 
                        employment in the United States, the Secretary 
                        shall permit the employer to correct such 
                        paperwork error within 30 days of receiving 
                        notice from the Secretary of such violation.
                    ``(C) Other penalties.--Notwithstanding 
                subparagraphs (A) and (B), the Secretary may impose 
                additional penalties for violations, including cease 
                and desist orders, specially designed compliance plans 
                to prevent further violations, suspended fines to take 
                effect in the event of a further violation, and in 
                appropriate cases, the civil penalty described in 
                subsection (e)(2).
            ``(5) Judicial review.--
                    ``(A) In general.--An employer adversely affected 
                by a final determination may, within 45 days after the 
                date the final determination is issued, obtain judicial 
                review of such determination.
                    ``(B) Report.--Not later than 180 days after the 
                date of enactment of the this Act, the Director of the 
                Federal Judicial Center shall submit to Congress a 
                report on judicial review of a final determination. The 
                report shall contain recommendations on jurisdiction 
                and procedures that shall be instituted to seek 
                adequate and timely review of such decision.
            ``(6) Enforcement of orders.--If an employer fails to 
        comply with a final determination issued against that employer 
        under this subsection, and the final determination is not 
        subject to review as provided in paragraph (5), the Attorney 
        General may file suit to enforce compliance with the final 
        determination, not earlier than 46 days and not later than 90 
        days, after the date the final determination is issued, in any 
        appropriate district court of the United States. The burden 
        shall remain on the employer to show that the final 
        determination was not supported by a preponderance of the 
        evidence.
            ``(7) Recovery of costs and attorneys' fees.--In any appeal 
        brought under paragraph (5) or suit brought under paragraph 
        (6), the employer shall be entitled to recover from the 
        Secretary reasonable costs and attorneys' fees if such employer 
        prevails on the merits of the case. The award of attorneys' 
        fees shall not exceed $75,000. Such amount shall be subject to 
        annual inflation adjustments per the United States Consumer 
        Price Index - All Urban Consumers (CPI-U) compiled by the 
        Bureau of Labor Statistics. Any costs and attorneys' fees 
        assessed against the Secretary shall be charged against the 
        operating expenses of the Department of Homeland Security for 
        the fiscal year in which the assessment is made, and shall not 
        be reimbursed from any other source.
            ``(8) Coordination.--An investigation under paragraph 
        (1)(C) shall be coordinated with the appropriate regional 
        office of the National Labor Relations Board, the Department of 
        Labor, and all relevant State and local agencies that are 
        charged with enforcing workplace standards. Evidence gathered 
        from such agencies shall be considered in determining whether 
        the entity under investigation has violated subsection (a).
    ``(e) Criminal Penalties and Injunctions for Pattern or Practice 
Violations.--
            ``(1) Criminal penalty.--An employer that engages in a 
        pattern or practice of knowing violations of paragraph (1)(A) 
        or (2) of subsection (a) shall be fined not more than $20,000 
        for each unauthorized alien with respect to whom such a 
        violation occurs, imprisoned for not more than 3 years for the 
        entire pattern or practice, or both.
            ``(2) Enjoining of pattern or practice violations.--If the 
        Secretary or the Attorney General has reasonable cause to 
        believe that an employer is engaged in a pattern or practice of 
        employment in violation of paragraph (1)(A) or (2) of 
        subsection (a), the Attorney General may bring a civil action 
        in the appropriate district court of the United States 
        requesting such relief, including a permanent or temporary 
        injunction, restraining order, or other order against the 
        employer, as the Secretary deems necessary.
    ``(f) Adjustment for Inflation.--All penalties and limitations on 
the recovery of costs and attorney's fees in this section shall be 
increased every 4 years beginning January 2010 to reflect the 
percentage increase in the consumer price index for all urban consumers 
(all items; United States city average) for the 48 month period ending 
with September of the year preceding the year such adjustment is made. 
Any adjustment under this subparagraph shall be rounded to the nearest 
dollar.
    ``(g) Prohibition of Indemnity Bonds.--
            ``(1) Prohibition.--It is unlawful for an employer, in the 
        hiring of an individual, to require the individual to post a 
        bond or security, to pay or agree to pay an amount, or 
        otherwise to provide a financial guaranty or indemnity, against 
        any potential liability arising under this section relating to 
        such hiring of the individual.
            ``(2) Civil penalty.--Any employer which is determined, 
        after notice and opportunity for mitigation of the monetary 
        penalty under subsection (d), to have violated paragraph (1) 
        shall be subject to a civil penalty of $10,000 for each 
        violation and to an administrative order requiring the return 
        of any amounts received in violation of such paragraph to the 
        individual.
    ``(h) Prohibition on Award of Government Contracts, Grants, and 
Agreements.--
            ``(1) Employers with no contracts, grants, or agreements.--
                    ``(A) In general.--If an employer who does not hold 
                a Federal contract, grant, or cooperative agreement is 
                determined by the Secretary to be a repeat violator of 
                this section the employer shall be debarred from the 
                receipt of a Federal contract, grant, or cooperative 
                agreement for a period of 5 years. The Secretary or the 
                Attorney General shall advise the Administrator of 
                General Services of such a debarment, and the 
                Administrator of General Services shall list the 
                employer on the List of Parties Excluded from Federal 
                Procurement and Nonprocurement Programs for a period of 
                5 years.
                    ``(B) Waiver.--The Administrator of General 
                Services, in consultation with the Secretary and the 
                Attorney General, may waive operation of this 
                subsection or may limit the duration or scope of the 
                debarment.
            ``(2) Employers with contracts, grants, or agreements.--
                    ``(A) In general.--An employer who holds a Federal 
                contract, grant, or cooperative agreement and is 
                determined by the Secretary to be a repeat violator of 
                this section or is convicted of a crime under this 
                section, shall be debarred from the receipt of new 
                Federal contracts, grants, or cooperative agreements 
                for a period of 5 years.
                    ``(B) Notice to agencies.--Prior to debarring the 
                employer under subparagraph (A), the Secretary, in 
                cooperation with the Administrator of General Services, 
                shall advise any agency or department holding a 
                contract, grant, or cooperative agreement with the 
                employer of the Government's intention to debar the 
                employer from the receipt of new Federal contracts, 
                grants, or cooperative agreements for a period of 5 
                years.
                    ``(C) Review.--The decision of whether to debar or 
                take alternate action under this paragraph shall be 
                reviewable pursuant to section 9, Federal Acquisition 
                Regulation.
            ``(3) Suspension.--Indictments for violations of this 
        section or adequate evidence of actions that could form the 
        basis for debarment under this subsection shall be considered a 
        cause for suspension under the procedures and standards for 
        suspension prescribed by the Federal Acquisition Regulation.
            ``(4) Repeat violator defined.--In this subsection, the 
        term `repeat violator' means, with respect to an employer, that 
        the employer has violated paragraph (1)(A), (1)(B), or (2) of 
        subsection (a) more than 1 time and that such violations were 
        discovered as a result of more than 1 separate investigation of 
        the employer. A violation of such paragraph (1)(B) that is 
        inadvertent and unrelated to a violation of subsection 
        (a)(1)(A) and (a)(2) may not be considered to be a violation of 
        such paragraph (1)(B) for the purposes of this paragraph.
    ``(i) Miscellaneous Provisions.--
            ``(1) Documentation.--In providing documentation or 
        endorsement of authorization of aliens (other than aliens 
        lawfully admitted for permanent residence) eligible to be 
        employed in the United States, the Secretary shall provide that 
        any limitations with respect to the period or type of 
        employment or employer shall be conspicuously stated on the 
        documentation or endorsement.
            ``(2) Preemption.--The provisions of this section preempt 
        any State or local law, contract license, or other standard, 
        requirement, action or instrument from--
                    ``(A) imposing sanctions or liabilities for 
                employing, or recruiting or referring for employment, 
                unauthorized aliens, or for working without employment 
                authorization;
                    ``(B) requiring those hiring, recruiting, or 
                referring individuals for employment to ascertain or 
                verify the individuals' employment authorization or to 
                participate in an employment authorization verification 
                system, or requiring individuals to demonstrate 
                employment authorization; and
                    ``(C) requiring, authorizing or permitting the use 
                of an employment verification system, unless otherwise 
                mandated by Federal law, for any other purpose 
                including, but without limitation, such purposes as 
                verifying the status of renters, determining 
                eligibility for receipt of benefits, enrollment in 
                school, obtaining or retaining a business license or 
                other license, or conducting a background check.
    ``(j) Backpay Remedies.--Neither backpay nor any other monetary 
remedy for unlawful employment practices, workplace injuries or other 
causes of action giving rise to liability shall be denied to a present 
or former employee on account of: the employer's or the employee's 
failure to comply with the requirements of this section in establishing 
or maintaining the employment relationship; the employee's violation of 
the provisions of federal law related to the employment verification 
system set forth in subsection (a); or the employee's continuing status 
as an unauthorized alien both during and after termination of 
employment.
    ``(k) Definitions.--In this section--
            ``(1) Employer.--The term `employer' means any person or 
        entity, including any entity of the Government of the United 
        States, hiring an individual for employment in the United 
        States.
            ``(2) Secretary.--Except as otherwise provided, the term 
        `Secretary' means the Secretary of Homeland Security.
            ``(3) Unauthorized alien.--The term `unauthorized alien' 
        means, with respect to the employment of an alien at a 
        particular time, that the alien is not at that time either--
                    ``(A) an alien lawfully admitted for permanent 
                residence; or
                    ``(B) authorized to be so employed by this Act or 
                by the Secretary.''.
    (b) Conforming Amendments.--
            (1) Amendments.--
                    (A) Repeal of e-verify.--Sections 401, 402, 403, 
                404, and 405 of the Illegal Immigration Reform and 
                Immigrant Responsibility Act of 1996 (division C of 
                Public Law 104-208; 8 U.S.C. 1324a note) are repealed.
                    (B) Repeal of reporting requirements.--
                            (i) Report on earnings of aliens not 
                        authorized to work.--Subsection (c) of section 
                        290 (8 U.S.C. 1360) is repealed.
                            (ii) Report on fraudulent use of social 
                        security account numbers.--Subsection (b) of 
                        section 414 of the Illegal Immigration Reform 
                        and Immigrant Responsibility Act of 1996 
                        (division C of Public Law 104-208; 8 U.S.C. 
                        1360 note) is repealed.
                    (C) Repeal of definition.--Paragraph (1)(F) of 
                section 1961 of title 18, United States Code, is 
                repealed.
            (2) Construction.--Nothing in this subsection or in 
        subsection (c) of section 274A, as amended by subsection (a), 
        may be construed to limit the authority of the Secretary to 
        allow or continue to allow the participation of employers who 
        participated in the E-Verify program under such sections 401, 
        402, 403, 404, and 405 of the Illegal Immigration Reform and 
        Immigrant Responsibility Act of 1996 (division C of Public Law 
        104-208; 8 U.S.C. 1324a note) in the Electronic Employment 
        Verification System established pursuant to such subsection 
        (d).
    (c) Technical Amendments.--
            (1) Definition of unauthorized alien.--Sections 218(i)(1) 
        (8 U.S.C. 1188(i)(1)), 245(c)(8) (8 U.S.C. 1255(c)(8)), 
        274(a)(3)(B)(i) (8 U.S.C. 1324(a)(3)(B)(i)), and 274B(a)(1) (8 
        U.S.C. 1324b(a)(1)) are amended by striking ``274A(h)(3)'' and 
        inserting ``274A(h)''.
            (2) Document requirements.--Section 274B (8 U.S.C. 1324b) 
        is amended--
                    (A) in subsections (a)(6) and (g)(2)(B), by 
                striking ``274A(b)'' and inserting ``274A(d)''; and
                    (B) in subsection (g)(2)(B)(ii), by striking 
                ``274A(b)(5)'' and inserting ``274A(d)(9)''.
    (d) Employment Verification Advisory Panel.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall establish an 
        Employment Verification Advisory Panel (hereinafter in the 
        subsection referred to as the ``Advisory Panel'').
            (2) Membership.--The Advisory Panel should consist of 
        members appointed by the Secretary, after consulting with the 
        Commissioner of Social Security, the Director of National 
        Institutes of Standards and Technology, and other appropriate 
        Federal agencies. Such members should include representatives 
        from appropriate Federal agencies and private sector 
        representatives of affected industries and groups, including 
        immigration policy, human resource, employer and employee 
        organizations, experts in fields including database security, 
        employment verification, biometrics, and privacy.
            (3) Functions.--
                    (A) Advice on implementation and deployment.--The 
                Advisory Panel shall advise the Secretary and the 
                Commissioner of Social Security on the implementation 
                and deployment of the verification systems established 
                under the amendments made by this section, including--
                            (i) the best means of promoting efficiency, 
                        compliance responsiveness, accuracy, public 
                        education, user support, interoperability, and 
                        cost-effectiveness of the systems established 
                        under this section;
                            (ii) the best practices and procedures in 
                        order to protect the privacy and identities of 
                        individuals enrolled in the systems established 
                        under this section;
                            (iii) standards of database accuracy, error 
                        rates, privacy, and measurable compliance with 
                        system rules that must be met before 
                        implementation begins and before each 
                        additional phase of implementation; and
                            (iv) the best means by which data obtained 
                        through such systems may be used to timely 
                        improve the accuracy of databases maintained by 
                        the Secretary and the Commissioner of Social 
                        Security.
            (B) Study and report on identity fraud and alternatives for 
        strengthening identity authentication.--
                    (i) Study.--The Advisory Panel shall evaluate the 
                vulnerability of the System to identity fraud and the 
                degree to which individuals not authorized for 
                employment in the United States are able to be 
                confirmed by the System.
                    (ii) Report.--Not later than 180 days after its 
                establishment, the Advisory Panel shall issue a report 
                to the Secretary on alternatives for strengthening 
                identity authentication and preventing fraudulent 
                confirmations by the System. The report shall--
                            (I) survey available technologies for 
                        identity authentication, including but not 
                        limited to biometric and biographical identity 
                        assurance systems;
                            (II) analyze alternatives to identity 
                        assurance technologies, including the enhanced 
                        verification system described in subsection 
                        (c)(25) of section 274A of the Immigration and 
                        Nationality Act, as amended by this section;
                            (III) analyze the technical feasibility of 
                        adding new identity authentication requirements 
                        to the System described in subsection (c) of 
                        such section, including by considering:
                            (IV) process burdens (at the point of 
                        collection, information processing, etc.);
                            (V) performance burdens (anticipated system 
                        throughputs, scalability, reconfigurability, 
                        etc);
                            (VI) accuracy and realistic failure rates 
                        and projected increases in erroneous 
                        nonconfirmations of work authorized 
                        individuals;
                            (VII) projected compliance and non-
                        compliance rates,
                            (VIII) data Security, data storage 
                        requirements, and added risk to individuals' 
                        privacy;
                            (IX) estimate the costs and benefits of 
                        different strategies for strengthening identity 
                        authentication and evaluate their overall 
                        strengths and weaknesses, including but not 
                        limited to requirements that employers collect 
                        biometric, biographical, or other data from new 
                        employees instead of or in addition to the data 
                        identified in subsections (b) and (c) of such 
                        section and requirements that individuals 
                        participate in the enhanced verification system 
                        described in subsection (c)(25) of such 
                        section.
            (4) Termination.--The Advisory Panel shall terminate 5 
        years after the date of the enactment of this Act.
    (e) Effective Date.--The amendments made by subsections (a), (b), 
and (c) shall take effect on the date that is 180 days after the date 
of the enactment of this Act.

SEC. 202. PARITY WITH CIVIL RIGHTS ACT OF 1964.

     (a) Prohibition of Employment Discrimination.--Section 274B(a) (8 
U.S.C. 1324b(a)) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) In general.--It is an unfair immigration-related 
        employment practice for a person or other entity to 
        discriminate against any individual (other than an unauthorized 
        alien defined in section 274A(h)(3)) with respect to--
                    ``(A) the hiring, or recruitment or referral for a 
                fee, of the individual for employment, the verification 
                of the individual's eligibility for employment, or the 
                discharging of the individual from employment--
                            ``(i) because of such individual's national 
                        origin; or
                            ``(ii) because of such individual's 
                        citizenship status;
                    ``(B) the compensation, terms, or conditions of the 
                employment of the individual.'';
            (2) by amending paragraph (2)(A) to read as follows:
                    ``(A) a person or other entity that employs three 
                or fewer employees, except for an `employment agency,' 
                meaning any person regularly undertaking with or 
                without compensation to procure employees for an 
                employer or to procure for employees opportunities to 
                work for an employer and includes an agent of such a 
                person.'';
            (3) by repealing section 274(a)(3) (8 U.S.C. 1324(a)(3));
            (4) in paragraph (6), by striking ``if made for the purpose 
        or with the intent of discriminating against an individual in 
        violation of paragraph (1)'' and inserting ``in violation of 
        paragraph (1). Additional information and compliance assistance 
        will be provided to employers to assist them in complying with 
        the law'';
            (5) by inserting a new paragraph (7) as follows:
            ``(7) Antidiscrimination requirements of the electronic 
        employment verification system.--It is an unfair immigration-
        related employment practice for a person or other entity, in 
        the course of the Electronic Employment Verification System 
        described in section 274A(c)--
                    ``(A) to terminate the employment of an individual 
                or take any adverse employment action due to a 
                tentative nonconfirmation issued by such System, with 
                respect to that individual;
                    ``(B) to use the System for screening of an 
                applicant for employment prior to making the individual 
                an offer of employment;
                    ``(C) to use the System for the reverification of 
                an employee after the employee has satisfied the 
                process described in (b)(1), unless otherwise required 
                by Federal law.
                    ``(D) to use the System selectively to exclude 
                certain individuals from consideration for employment 
                as a result of a perceived likelihood that additional 
                verification will be required, beyond what is required 
                for most job applicants; or
                    ``(E) to use the System to deny workers' employment 
                benefits or otherwise interfere with their labor 
                rights, or to engage in any other unlawful employment 
                practice.'';
            (6) by inserting a new paragraph (8) as follows:
            ``(8) Burden of proof in disparate impact cases.--
                    ``(A) An unlawful immigration-related employment 
                practice or unfair labor practice case based on 
                disparate impact is established under this general rule 
                only if--
                            ``(i) a complaining party demonstrates that 
                        a respondent uses a particular employment 
                        practice that causes a disparate impact on the 
                        basis of national origin or citizenship status 
                        and the respondent fails to demonstrate that 
                        the challenged practice is job related for the 
                        position in question and consistent with 
                        business necessity; or
                            ``(ii) the complaining party makes the 
                        demonstration with respect to an alternative 
                        employment practice and the respondent refuses 
                        to adopt such an alternative employment 
                        practice. An alternative employment practice is 
                        defined as a policy that would satisfy the 
                        employer's legitimate interests without having 
                        a disparate impact on a protected class.
                    ``(B) With respect to demonstrating that a 
                particular employment practice causes a disparate 
                impact as described in subparagraph (8)(A), the 
                complaining party shall demonstrate that each 
                particular challenged employment practice causes a 
                disparate impact, except that if the complaining party 
                can demonstrate to the court that the elements of a 
                respondent's decision-making process are not capable of 
                separation for analysis, the decisionmaking process may 
                be analyzed as one employment practice.
                    ``(C) If the respondent demonstrates that a 
                specific employment practice does not cause the 
                disparate impact, the respondent shall not be required 
                to demonstrate that such practice is required by 
                business necessity.
                    ``(D) A demonstration that an employment practice 
                is required by business necessity may not be used as a 
                defense against a claim of intentional discrimination 
                under this statute.''; and
            (7) by inserting a new paragraph (9) as follows:
            ``(9) Except as otherwise provided in this subchapter, an 
        unlawful immigration-related unfair employment practice is 
        established when the charging party demonstrates that 
        citizenship status or national origin was a motivating factor 
        for any employment practice, even though other factors also 
        motivated the practice.''
    (b) Charges and Complaints.--Section 274B(d) (8 U.S.C. 1324b(d)) is 
amended--
            (1) in paragraph (1), by striking ``within 120 days of the 
        date of the receipt of the charge'' and ``subject to paragraph 
        (3)'';
            (2) by striking ``The Special Counsel's failure to file 
        such a complaint within such 120-day period shall not affect 
        the right of the Special Counsel to investigate the charge or 
        to bring a complaint before an administrative law judge during 
        such 90-day period.'' and inserting at the end of paragraph (2) 
        ``Nothing contained in this Act shall relieve any Government 
        agency or official of his or her responsibility for unlawful 
        electronic employment verification practices.'';
            (3) by striking paragraph (3).
    (c) Increase in Civil Money Penalties.--Section 274B(g)(2)(B)(iv) 
(8 U.S.C. 1324b(g)(2)(B)(iv)) is amended--
            (1) in subclause (I), by striking ``$250 and not more than 
        $1,000'' and inserting ``$2,000 and not more than $4,000'';
            (2) in subclause (II), by striking ``$2,000 and not more 
        than $5,000'' and inserting ``$4,000 and not more than 
        $10,000'';
            (3) in subclause (III), by striking ``$3,000 and not more 
        than $10,000'' and inserting ``$6,000 and not more than 
        $20,000'';
            (4) in subclause (IV), by striking ``$100 and not more than 
        $1,000'' and inserting ``$500 and not more than $5,000.''
    (d) Orders Finding Violations.--Section 274B(g) (8 U.S.C. 1324b(g)) 
is amended--
            (1) in paragraph (2)(B)(iii), by inserting ``, and to 
        provide such other relief as the administrative law judge 
        determines appropriate to make the individual whole'' before 
        the semicolon at the end; and
            (2) by inserting the following at the end of paragraph 
        (2)(B)(viii):
                            ``(ix)(I) No order of the court shall 
                        require the admission or reinstatement of an 
                        individual as a member of a union, or the 
                        hiring, reinstatement, or promotion of an 
                        individual as an employee, or the payment to 
                        him of any back pay, if such individual was 
                        refused admission, suspended, or expelled, or 
                        was refused employment or advancement or was 
                        suspended or discharged for any reason other 
                        than discrimination on account of citizenship 
                        status or national origin or in violation of 
                        this section.
                            ``(II) On a claim in which an individual 
                        proves a violation under subsection (a)(7) and 
                        a respondent demonstrates that the respondent 
                        would have taken the same action in the absence 
                        of the impermissible motivating factor, the 
                        court may grant declaratory relief, injunctive 
                        relief (except as provided in clause (b)), and 
                        attorney's fees and costs demonstrated to be 
                        directly attributable only to the pursuit of a 
                        claim under subsection (a)(7); and shall not 
                        award damages or issue an order requiring any 
                        admission, reinstatement, hiring, promotion, or 
                        payment, described in subparagraph (I).'';
            (3) by inserting at the end of paragraph (2) a new 
        subparagraph (E) as follows:
                    ``(E) Compensatory and punitive damages.--
                            ``(i) Determination of punitive damages.--A 
                        complaining party may acquire punitive damages 
                        against a respondent (other than the federal 
                        government or a federal government agency) if 
                        the complaining party demonstrates that the 
                        respondent engaged in discriminatory practice 
                        or practices with malice or reckless 
                        indifference to the federally protected rights 
                        of an aggrieved individual under subsection 
                        (a)(1).
                            ``(ii) Compensatory damages awarded under 
                        this section.--Compensatory damages awarded 
                        under this section shall not include backpay, 
                        interest on backpay, or any other type of 
                        relief authorized under subparagraphs (B) and 
                        (C) of subsection (g)(2).
                            ``(iii) Limitations.--The sum of 
                        compensatory damages awarded under this section 
                        for future pecuniary losses, emotional pain, 
                        suffering, inconvenience, mental anguish, loss 
                        of enjoyment of life, and other nonpecuniary 
                        losses on account of national origin 
                        discrimination shall not exceed $50,000 for 
                        each complaining party. In the case of 
                        citizenship status discrimination, the 
                        limitations should be as follows:
                                    ``(I) In the case of a respondent 
                                who has more than 3 and fewer than 101 
                                employees in each of 20 or more 
                                calendar weeks in the current or 
                                preceding calendar year, $50,000.
                                    ``(II) In the case of a respondent 
                                who has more than 100 and fewer than 
                                201 employees in each of 20 or more 
                                calendar weeks in the current or 
                                preceding calendar year, $100,000.
                                    ``(III) In the case of a respondent 
                                who has more than 200 and fewer than 
                                501 employees in each of 20 or more 
                                calendar weeks in the current or 
                                preceding calendar year, $200,000.
                                    ``(IV) In the case of a respondent 
                                who has more than 500 employees in each 
                                of 20 or more calendar weeks in the 
                                current or preceding calendar year, 
                                $300,000.''.
    (e) Dissemination of Information.--Section 274B is amended--
            (1) in subparagraph (l)(3), by striking ``$10,000,000'' and 
        inserting ``$50,000,000''.
            (2) by adding at the end the following:
    ``(m) Reports.--The Secretary of Homeland Security shall make 
transactional data and citizenship status data available upon request 
by the Special Counsel (appointed under subsection (c) of this 
section).''.
    (f) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
violations occurring on or after such date.

SEC. 203. AMENDMENTS TO THE SOCIAL SECURITY ACT.

    (a) Social Security Act.--Section 205(c)(2) of the Social Security 
Act (42 U.S.C. 405(c)(2)) is amended by adding at the end the following 
new subparagraphs:
                    ``(I)(i) The Commissioner of Social Security shall, 
                subject to the provisions of title III of the this Act, 
                establish a reliable, secure method to provide through 
                the employment verfication systems established pursuant 
                to section 274A of the Immigration and Nationality Act 
                (referred to in this subparagraph as the `System'), 
                within the time periods required by such section--
                            ``(I) a determination of whether the name, 
                        date of birth, employer identification number, 
                        and social security account number of an 
                        individual provided in an inquiry made to the 
                        System by an employer is consistent with such 
                        information maintained by the Commissioner in 
                        order to confirm the validity of the 
                        information provided;
                            ``(II) a determination of the citizenship 
                        status associated with such name and social 
                        security account number, according to the 
                        records maintained by the Commissioner;
                            ``(III) a determination of whether the name 
                        and number belongs to an individual who is 
                        deceased, according to the records maintained 
                        by the Commissioner;
                            ``(IV) a determination of whether the name 
                        and number is blocked in accordance with clause 
                        (ii); and
                            ``(V) a confirmation or a nonconfirmation 
                        described in such subsection (c), in a manner 
                        that ensures that other information maintained 
                        by the Commissioner is not disclosed or 
                        released to employers through the System.
                    ``(ii) The Commissioner of Social Security shall 
                prevent the fraudulent or other misuse of a social 
                security account number by establishing procedures 
                under which an individual who has been assigned a 
                social security account number may block the use of 
                such number under the System and remove such block.
                    ``(J) In assigning social security account numbers 
                to aliens who are authorized to work in the United 
                States under section 218A of the Immigration and 
                Nationality Act, the Commissioner of Social Security 
                shall, to the maximum extent practicable, assign such 
                numbers by employing the enumeration procedure 
                administered jointly by the Commissioner, the Secretary 
                of State, and the Secretary.''.
    (b) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary such sums as are necessary to carry out the 
        amendments made by this section.
            (2) Limitation on verification responsibilities of 
        commissioner of social security.--The Commissioner of Social 
        Security is authorized to perform activities with respect to 
        carrying out the Commissioner's responsibilities in this title 
        or the amendments made by this title, but only to the extent 
        the Secretary has provided, in advance, funds to cover the 
        Commissioner's full costs in carrying out such 
        responsibilities. In no case shall funds from the Federal Old-
        Age and Survivors Insurance Trust Fund or the Federal 
        Disability Insurance Trust Fund be used to carry out such 
        responsibilities.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date that is 180 days after the date of the enactment of 
this Act.

                        TITLE III--VISA REFORMS

SEC. 301. ELIMINATION OF EXISTING BACKLOGS.

    (a) Worldwide Level of Family-Sponsored Immigrants.--Section 201(c) 
of the Immigration and Nationality Act (8 U.S.C. 1151(c)) is amended to 
read as follows:
    ``(c) Worldwide Level of Family-Sponsored Immigrants.--
            ``(1) In general.--Subject to subparagraph (B), the 
        worldwide level of family-sponsored immigrants under this 
        subsection for a fiscal year is equal to the sum of--
                    ``(A) 480,000; and
                    ``(B) the sum of--
                            ``(i) the number computed under paragraph 
                        (2); and
                            ``(ii) the number computed under paragraph 
                        (3).
            ``(2) Unused visa numbers from previous fiscal year.--The 
        number computed under this paragraph for a fiscal year is the 
        difference, if any, between--
                    ``(A) the worldwide level of family-sponsored 
                immigrant visas established for the previous fiscal 
                year; and
                    ``(B) the number of visas issued under section 
                203(a), subject to this subsection, during the previous 
                fiscal year.
            ``(3) Unused visa numbers from fiscal years 1992 through 
        2009.--The number computed under this paragraph is the 
        difference, if any, between--
                    ``(A) the difference, if any, between--
                            ``(i) the sum of the worldwide levels of 
                        family-sponsored immigrant visas established 
                        for each of fiscal years 1992 through 2008; 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 2008 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) 
of the Immigration and Nationality Act (8 U.S.C. 1151(d)) is amended to 
read as follows:
    ``(d) Worldwide Level of Employment-Based Immigrants.--
            ``(1) In general.--The worldwide level of employment-based 
        immigrants under this subsection for a fiscal year is equal to 
        the sum of--
                    ``(A) 290,000;
                    ``(B) the number computed under paragraph (2); and
                    ``(C) the number computed under paragraph (3).
            ``(2) Unused visa numbers from previous fiscal year.--The 
        number computed under this paragraph for a fiscal year is the 
        difference, if any, between--
                    ``(A) the worldwide level established under 
                paragraph (1) for the previous fiscal year; and
                    ``(B) the number of visas actually issued under 
                section 203(b), subject to this subsection, during the 
                previous fiscal year.
            ``(3) Unused visa numbers from fiscal years 1992 through 
        2009.--The number computed under this paragraph is the 
        difference, if any, between--
                    ``(A) the difference, if any, between--
                            ``(i) the sum of the worldwide levels 
                        established under paragraph (1) for fiscal 
                        years 1992 through 2009; and
                            ``(ii) the number of visas actually issued 
                        under section 203(b), subject to this 
                        subsection, during such fiscal years; and
                    ``(B) the number of visas actually issued after 
                fiscal year 2009 pursuant to an immigrant visa number 
                issued under section 203(b), subject to this 
                subsection, during fiscal years 1992 through 2009.''.
    (c) Exception to Nondiscrimination.--Section 202(a)(1)(A) (8 U.S.C. 
1152(a)(1)(A)) is amended by striking ``201(b)(2)(A)(i)'' and inserting 
``201(b)''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on the date which is 60 days after the date of the enactment of 
this Act.

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

    (a) In General.--Section 201(b)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1151(b)(2)) is amended to read as follows:
            ``(2) Immediate relative.--
                    ``(A) In general.--
                            ``(i) Immediate relative defined.--In this 
                        subparagraph, the term `immediate relative' 
                        means a child, spouse, or parent of a citizen 
                        of the United States or a child or spouse of a 
                        lawful permanent resident (and for each family 
                        member of a citizen or lawful permanent 
                        resident under this subparagraph, such 
                        individual's spouse or child who is 
                        accompanying or following to join the 
                        individual), except that, in the case of 
                        parents, such citizens shall be at least 21 
                        years of age.
                            ``(ii) Previously issued visa.--Aliens 
                        admitted under section 211(a) on the basis of a 
                        prior issuance of a visa under section 203(a) 
                        to their accompanying parent who is an 
                        immediate relative.
                            ``(iii) Parents and children.--An alien who 
                        was the child or the parent of a citizen of the 
                        United States or a child of a lawful permanent 
                        resident at the time of the citizen's or 
                        resident's death if the alien files a petition 
                        under section 204(a)(1)(A)(ii) within 2 years 
                        after such date or prior to reaching 21 years 
                        of age.
                            ``(iv) Spouse.--In the case of an alien who 
                        was the spouse of a citizen of the United 
                        States or spouse of a lawful permanent resident 
                        and was not legally separated from the citizen 
                        or resident at the time of the citizen's or 
                        resident's death, the alien (and each child of 
                        the alien) shall be considered for purposes of 
                        this subsection, to remain an immediate 
                        relative after the date of the citizen's or 
                        resident's death if the spouse files a petition 
                        under section 204(a)(1)(A)(ii) before the 
                        earlier of--
                                    ``(I) 2 years after such date; or
                                    ``(II) the date on which the spouse 
                                remarries.
                            ``(v) Special rule.--For purposes of this 
                        subparagraph, an alien who has filed a petition 
                        under clause (iii) or (iv) of section 
                        204(a)(1)(A) remains an immediate relative if 
                        the United States citizen or lawful permanent 
                        resident spouse or parent loses United States 
                        citizenship or residence on account of the 
                        abuse.
                    ``(B) Birth during temporary visit abroad.--Aliens 
                born to an alien lawfully admitted for permanent 
                residence during a temporary visit abroad.''.
    (b) Allocation of Immigrant Visas.--Section 203(a) of the 
Immigration and Nationality Act (8 U.S.C. 1153(a)) is amended--
            (1) in paragraph (1), by striking ``23,400'' and inserting 
        ``38,000'';
            (2) by striking paragraph (2) and inserting the following:
            ``(2) Unmarried sons and unmarried daughters of permanent 
        resident aliens.--Qualified immigrants who are the unmarried 
        sons or unmarried daughters (but are not the children) of an 
        alien lawfully admitted for permanent residence shall be 
        allocated visas in a number not to exceed 60,000, plus any 
        visas not required for the class specified in paragraph (1).'';
            (3) in paragraph (3), by striking ``23,400'' and inserting 
        ``38,000''; and
            (4) in paragraph (4), by striking ``65,000'' and inserting 
        ``90,000''.
    (c) Technical and Conforming Amendments.--
            (1) Rules for determining whether certain aliens are 
        immediate relatives.--Section 201(f) of the Immigration and 
        Nationality Act (8 U.S.C. 1151(f)) is amended--
                    (A) in paragraph (1), by striking ``paragraphs (2) 
                and (3),'' and inserting ``paragraph (2),'';
                    (B) by striking paragraph (2);
                    (C) by redesignating paragraphs (3) and (4) as 
                paragraphs (2) and (3), respectively; and
                    (D) in paragraph (3), as redesignated by 
                subparagraph (C), by striking ``through (3)'' and 
                inserting ``and (2)''.
            (2) Numerical limitation to any single foreign state.--
        Section 202 of the Immigration and Nationality Act (8 U.S.C. 
        1152) is amended--
                    (A) in subsection (a)(4)--
                            (i) by striking subparagraphs (A) and (B);
                            (ii) by redesignating subparagraphs (C) and 
                        (D) as subparagraphs (A) and (B), respectively; 
                        and
                            (iii) in subparagraph (A), as redesignated 
                        by clause (ii) of this paragraph, by striking 
                        ``section 203(a)(2)(B)'' and inserting 
                        ``section 203(a)(2)''; and
                    (B) in subsection (e), in the flush matter 
                following paragraph (3), by striking ``, or as limiting 
                the number of visas that may be issued under section 
                203(a)(2)(A) pursuant to subsection (a)(4)(A)''.
            (3) Allocation of immigration visas.--Section 203(h) of the 
        Immigration and Nationality Act (8 U.S.C. 1153(h)) is amended--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``subsections (a)(2)(A) and 
                        (d)'' and inserting ``subsection (d)'';
                            (ii) in subparagraph (A), by striking 
                        ``becomes available for such alien (or, in the 
                        case of subsection (d), the date on which an 
                        immigrant visa number became available for the 
                        alien's parent),'' and inserting ``became 
                        available for the alien's parent,''; and
                            (iii) in subparagraph (B), by striking 
                        ``applicable'';
                    (B) by amending paragraph (2) to read as follows:
            ``(2) Petitions described.--The petition described in this 
        paragraph is a petition filed under section 204 for 
        classification of the alien's parent under subsection (a), (b), 
        or (c) of this section.''; and
                    (C) in paragraph (3), by striking ``subsections 
                (a)(2)(A) and (d)'' and inserting ``subsection (d)''.
            (4) Procedure for granting immigrant status.--Section 204 
        of the Immigration and Nationality Act (8 U.S.C. 1154) is 
        amended--
                    (A) in subsection (a)(1)--
                            (i) in subparagraph (A)--
                                    (I) in clause (i), by inserting 
                                ``or lawful permanent resident'' after 
                                ``citizen'';
                                    (II) in clause (ii), by striking 
                                ``described in the second sentence of 
                                section 201(b)(2)(A)(i) also'' and 
                                inserting ``, alien child, or alien 
                                parent described in section 
                                201(b)(2)(A)'';
                                    (III) in clause (iii)--
                                            (aa) in subclause (I)(aa), 
                                        by inserting ``or legal 
                                        permanent resident'' after 
                                        ``citizen''; and
                                            (bb) in subclause 
                                        (II)(aa)--

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

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

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

                                    (IV) in clause (iv), by inserting 
                                ``or legal permanent resident'' after 
                                ``citizen'' each place that term 
                                appears;
                                    (V) in clause (v)(I), by inserting 
                                ``or legal permanent resident'' after 
                                ``citizen''; and
                                    (VI) in clause (vi)--
                                            (aa) by inserting ``or 
                                        legal permanent resident 
                                        status'' after ``renunciation 
                                        of citizenship''; and
                                            (bb) by inserting ``or 
                                        legal permanent resident'' 
                                        after ``abuser's citizenship'';
                            (ii) by striking subparagraph (B);
                            (iii) in subparagraph (C), by striking 
                        ``subparagraph (A)(iii), (A)(iv), (B)(ii), or 
                        (B)(iii)'' and inserting ``clause (iii) or (iv) 
                        of subparagraph (A)''; and
                            (iv) in subparagraph (J), by striking ``or 
                        clause (ii) or (iii) of subparagraph (B)'';
                    (B) in subsection (a), by striking paragraph (2);
                    (C) in subsection (c)(1), by striking ``or 
                preference status''; and
                    (D) in subsection (h), by striking ``or a petition 
                filed under subsection (a)(1)(B)(ii)''.

SEC. 303. COUNTRY LIMITS.

    Section 202(a) of the Immigration and Nationality Act (8 U.S.C. 
1152(a)) is amended--
            (1) in paragraph (2)--
                    (A) by striking ``, (4), and (5)'' and inserting 
                ``and (4)'';
                    (B) by striking ``subsections (a) and (b) of 
                section 203'' and inserting ``section 203(a)'';
                    (C) by striking ``7 percent (in the case of a 
                single foreign state) or 2 percent'' and inserting ``10 
                percent (in the case of a single foreign state) or 5 
                percent''; and
                    (D) by striking ``such subsections'' and inserting 
                ``such section''; and
            (2) by striking paragraph (5).

SEC. 304. PROMOTING FAMILY UNITY.

    (a) Waivers of Inadmissibility.--Section 212(a)(9) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(9)) is amended--
            (1) in subparagraph (B)--
                    (A) in clause (iii)--
                            (i) in subclause (I), by striking ``18 
                        years of age'' and inserting ``21 years of 
                        age'';
                            (ii) by moving subclause (V) 4 ems to the 
                        right; and
                            (iii) by adding at the end the following:
                                    ``(VI) Clause (i) shall not apply 
                                to an alien for whom an immigrant visa 
                                is available or was available on or 
                                before the date of the enactment of the 
                                CIR ASAP Act of 2009, and is otherwise 
                                admissible to the United States for 
                                permanent residence; and'';
                    (B) in clause (v)--
                            (i) by striking ``spouse or son or 
                        daughter'' and inserting ``spouse, son, 
                        daughter, or parent'';
                            (ii) by striking ``extreme'';
                            (iii) by inserting ``, son, daughter,'' 
                        after ``lawfully resident spouse''; and
                            (iv) by striking ``alien.'' and inserting 
                        ``alien or, if the Attorney General determines 
                        that a waiver is necessary for humanitarian 
                        purposes, to ensure family unity or is 
                        otherwise in the public interest.''; and
            (2) in subparagraph (C), by amending clause (ii) to read as 
        follows:
                            ``(ii) Exceptions.--Clause (i) shall not 
                        apply to an alien--
                                    ``(I) seeking admission more than 
                                10 years after the date of the alien's 
                                last departure from the United States 
                                if, prior to the alien's reembarkation 
                                at a place outside the United States or 
                                attempt to be readmitted from a foreign 
                                contiguous territory, the Secretary of 
                                Homeland Security has consented to the 
                                alien's reapplication for admission; or
                                    ``(II) for whom an immigrant visa 
                                is available or was available on or 
                                before the date of the enactment of 
                                this Act, and is otherwise admissible 
                                to the United States for permanent 
                                residence.''.
    (b) False Claims and Misrepresentations.--The Immigration and 
Nationality Act (8 U.S.C. 1101, et seq.) is amended--
            (1) in section 237(a)(3)(D) (8 U.S.C. 1227(a)(3)(D)), by 
        inserting ``and willfully'' after ``falsely'' each place such 
        term appears;
            (2) in section 212(a)(6)(C)(ii) (8 U.S.C. 
        1182(a)(6)(C)(ii)), by inserting ``and willfully'' after 
        ``falsely'' each place such term appears;
            (3) in section 212(a)(6)(C)(iii) (8 U.S.C. 
        1182(a)(6)(C)(iii)), by striking ``of clause (i)''; and
            (4) by amending section 212(i)(1) (8 U.S.C. 1182(i)(1)) to 
        read as follows:
            ``(1) The Attorney General or the Secretary of Homeland 
        Security may, in the discretion of the Attorney General or the 
        Secretary, waive the application of subsection (a)(6)(C) in the 
        case of an immigrant who is the parent, spouse, son, or 
        daughter of a United States citizen or of an alien lawfully 
        admitted for permanent residence, or an alien granted 
        classification under clause (iii) or (iv) of section 
        204(a)(1)(A), if it is established to the satisfaction of the 
        Attorney General or the Secretary that the admission to the 
        United States of such alien would not be contrary to the 
        national welfare, safety, or security of the United States.''.

SEC. 305. SURVIVING RELATIVES.

    (a) Continued Waiver Eligibility for Widows, Widowers and 
Orphans.--Section 212(a)(2)(F) is amended to read as follows:
                    ``(F) Continued waiver eligibility for widows, 
                widowers and orphans.--In the case of an alien who 
                would have been statutorily eligible for a waiver of 
                inadmissibility under the Immigration and Nationality 
                Act but for the death of the qualifying relative, the 
                alien may be considered for any waiver under the 
                Immigration and Nationality Act notwithstanding the 
                death of the qualifying relative upon a showing of 
                hardship to the alien or a family member, or that the 
                granting of the waiver is in the public interest.''.
    (b) Naturalization of Surviving Relatives.--Section 319(a) of the 
Immigration and Nationality Act (8 U.S.C. 1430(a)) is amended by 
inserting ``(or, if the spouse is deceased, the spouse was a citizen of 
the United States)'' after ``citizen of the United States''.
    (c) Protection for the Surviving Relatives of Refugees and 
Asylees.--An alien described in section 204(l)(2)(D) of the Immigration 
and Nationality Act may have such petition described in paragraph (2) 
of section 204(l) or an application for adjustment of status to that of 
a person admitted for lawful permanent residence based upon the family 
relationship described in such paragraph, and any related applications, 
adjudicated notwithstanding the death of the qualifying relative, 
regardless of whether the alien is present inside or outside the United 
States at the time of the qualifying relative's death or after the 
qualifying relative's death.

SEC. 306. EXTENSION OF WAIVER AUTHORITY.

    Section 217(c)(8)(A)(iii) of the Immigration and Nationality Act (8 
U.S.C. 1187(c)(8)(A)(iii)) is amended--
            (1) by striking ``June 30, 2009'' and inserting ``June 30, 
        2011''; and
            (2) by striking ``July 1, 2009'' and inserting ``July 1, 
        2011''.

SEC. 307. DISCRETIONARY WAIVER FOR LONG-TERM LAWFUL PERMANENT 
              RESIDENTS.

    Section 240A(a) is amended by inserting after paragraph (3) the 
following:
``The Attorney General may waive the application of subparagraph (C) to 
an individual only if the individual's conviction resulted in a 
sentence served of two years or less and the Attorney General 
determines in his or her sole discretion that the individual does not 
pose a danger to the community or a national security threat and that 
subparagraph (C) should be waived for compelling reasons such as to 
preserve family unity or because removal is otherwise not in the public 
interest.''.

SEC. 308. CONTINUOUS PRESENCE.

    Section 240A(d) of the Immigration and Nationality Act (8 U.S.C. 
1229b(d)) is amended by striking paragraph (1).

SEC. 309. BAR ON THE REMOVAL OF CERTAIN REFUGEES, PAROLEES OR ASYLEES.

    (a) In General.--Chapter 4 of title II of the Immigration and 
Nationality Act is amended by inserting after section 237 the following 
new section:

``SEC. 237A. BAR ON REMOVAL OF CERTAIN REFUGEES, PAROLEES OR ASYLEES.

    ```No individual who fled their homeland for fear of persecution 
while under the age of 12 years and was later admitted to the United 
States as a refugee or parolee or was granted asylum in the United 
States shall be removed from the United States.'''.
    (b) Technical and Conforming Amendment.--The table of sections for 
the Immigration and Nationality Act is amended by inserting after the 
item relating to section 237 the following new item:

``Sec. 237A. Bar on removal of certain refugees, parolees or 
                            asylees.''.

SEC. 310. EXEMPTION FROM IMMIGRANT VISA LIMIT FOR CERTAIN VETERANS WHO 
              ARE NATIVES OF PHILIPPINES.

    Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 
1151(b)(1)) is amended by adding at the end the following:
                    ``(F) Aliens who are eligible for an immigrant visa 
                under paragraph (1) or (3) of section 203(a) and who 
                have a parent who was naturalized pursuant to section 
                405 of the Immigration Act of 1990 (8 U.S.C. 1440 
                note).''.

SEC. 311. FIANCEE OR FIANCE CHILD STATUS PROTECTION.

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

SEC. 312. EQUAL TREATMENT FOR ALL STEPCHILDREN.

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

SEC. 313. SONS AND DAUGHTERS OF FILIPINO WORLD WAR II VETERANS.

    Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 310 
of this Act, is further amended by adding at the end the following:
                    ``(G) Aliens who are eligible for a visa under 
                paragraph (1) or (3) of section 203(a) and are the son 
                or daughter of a citizen of the United States who was 
                naturalized pursuant to section 405 of the Immigration 
                Act of 1990 (8 U.S.C. 1440 note).''.

SEC. 314. DETERMINATIONS UNDER THE HAITIAN REFUGEE IMMIGRATION FAIRNESS 
              ACT OF 1998.

    (a) In General.--Section 902(d) of the Haitian Refugee Immigration 
Fairness Act of 1998 (8 U.S.C. 1255 note) is amended by adding at the 
end the following:
            ``(3) Determinations with respect to children.--
                    ``(A) Use of application filing date.--
                Determinations made under this subsection as to whether 
                an individual is a child of a parent shall be made 
                using the age and status of the individual on October 
                21, 1998.
                    ``(B) Application submission by parent.--
                Notwithstanding paragraph (1)(C), an application under 
                this subsection filed based on status as a child may be 
                filed for the benefit of such child by a parent or 
                guardian of the child, if the child is physically 
                present in the United States on such filing date.''.
    (b) New Applications and Motions To Reopen.--
            (1) New applications.--Notwithstanding section 902(a)(1)(A) 
        of the Haitian Refugee Immigration Fairness Act of 1998, an 
        alien who is eligible for adjustment of status under such Act 
        may submit an application for adjustment of status under such 
        Act not later than the later of--
                    (A) 2 years after the date of the enactment of this 
                Act; or
                    (B) 1 year after the date on which final 
                regulations are promulgated to implement this section 
                and the amendment made by subsection (a).
            (2) Motions to reopen.--The Secretary shall establish 
        procedures for the reopening and reconsideration of 
        applications for adjustment of status under the Haitian Refugee 
        Immigration Fairness Act of 1998 that are affected by the 
        amendment made by subsection (a).
            (3) Relationship of application to certain orders.--Section 
        902(a)(3) of the Haitian Refugee Immigration Fairness Act of 
        1998 shall apply to an alien present in the United States who 
        has been ordered excluded, deported, removed, or ordered to 
        depart voluntarily, and who files an application under 
        paragraph (1) or a motion under paragraph (2), in the same 
        manner as such section 902(a)(3) applied to aliens filing 
        applications for adjustment of status under such Act prior to 
        April 1, 2000.
    (c) Inadmissibility Determination.--Section 902 of the Haitian 
Refugee Immigration Fairness Act of 1998 (8 U.S.C. 1255 note) is 
amended--
            (1) in subsection (a)(1)(B), by inserting ``(6)(C)(i),'' 
        after ``(6)(A),''; and
            (2) in subsection (d)(1)(D), by inserting ``(6)(C)(i),'' 
        after ``(6)(A),''.

SEC. 315. DISCRETIONARY AUTHORITY.

    Section 240(c)(4) of the Immigration and Nationality Act (8 U.S.C. 
1229a(c)(4)) is amended by adding at the end the following:
                    ``(D) Discretion of judge in case of citizen 
                child.--In the case of an alien subject to removal, 
                deportation, or exclusion who is the parent of a child 
                who is a citizen of the United States, the immigration 
                judge may exercise discretion to decline to order the 
                alien removed, deported, or excluded from the United 
                States if the judge determines that such removal, 
                deportation, or exclusion is clearly against the best 
                interests of the child, except that this subparagraph 
                shall not apply to any alien who the judge determines--
                            ``(i) is described in section 212(a)(3) or 
                        237(a)(4); or
                            ``(ii) has engaged in conduct described in 
                        paragraph (8) or (9) of section 103 of the 
                        Trafficking Victims Protection Act of 2000 (22 
                        U.S.C. 7102).''.

SEC. 316. AFFIDAVIT OF SUPPORT.

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

SEC. 317. VISA TO PREVENT UNAUTHORIZED MIGRATION.

     (a) Worldwide Level of Transitional Visas.--Section 201 of the 
Immigration and Nationality Act (8 U.S.C. 1152) is amended by adding at 
the end the following:
    ``(g) Worldwide Level of Pum Immigrants.--The worldwide level of 
PUM immigrants is equal to 100,000 for each fiscal year the PUM visa is 
authorized.''.
    (b) Transition to Safe and Legal Immigration.--Section 203 of the 
Immigration and Nationality Act is amended by adding at the end the 
following:
    ``(i) Prevent Unauthorized Migration (PUM) Transitional Visa.--
            ``(1) In general.--Except as provided in paragraph (2), 
        aliens subject to the worldwide level specified in section 
        201(g) for PUM immigrants shall be allotted visas during the 
        first three fiscal years following 6 months after enactment of 
        the CIR ASAP Act of 2009 as follows:
                    ``(A) Determination of admission states.--The 
                Secretary shall determine for the most recent previous 
                5-fiscal year period for which data are available--
                            ``(i) each country (in this paragraph 
                        referred to as a `transitional visa admission 
                        state') whose nationals represented not less 
                        than 5 percent of the total number of 
                        unauthorized immigrants to the United States 
                        during the 5-fiscal year period; and
                            ``(ii) the percentage of unauthorized 
                        immigrants that nationals of each transitional 
                        visa admission state represented of the total 
                        number of unauthorized immigrants to all 
                        transitional visa admission states during the 
                        5-year period.
                    ``(B) Distribution of visas.--
                            ``(i) For a transitional visa admission 
                        state.--Subject to clause (ii), the percentage 
                        of immigrant visas made available under this 
                        paragraph to nationals of any single 
                        transitional visa admission state shall not 
                        exceed the percentage determined for that 
                        transitional visa admission state in 
                        subparagraph (A)(ii).
                            ``(ii) Redistribution of unused visa 
                        numbers.--If the Secretary of State estimates 
                        that the number of immigrant visas to be issued 
                        to nationals in any state for a fiscal year 
                        under this paragraph is less than the number of 
                        immigrant visas made available to such 
                        nationals under this paragraph for the fiscal 
                        year, the excess visa numbers shall be made 
                        available to nationals of the other states in 
                        proportion to the percentages otherwise 
                        specified in subparagraph (A)(ii).
            ``(2) Eligibility.--An alien is not eligible for a visa 
        under this subsection unless the alien--
                    ``(A) at the time of application for such a visa, 
                is not present in the United States and is not entitled 
                to an immigrant status under any other provision of the 
                Immigration and Nationality Act;
                    ``(B) has no other employment-based or family-based 
                visa application pending;
                    ``(C) submits to a security and law enforcement 
                background check, according to procedures established 
                by the Secretary; and
                    ``(D) with regard to education, has completed less 
                than a 4-year college degree program.
            ``(3) Requirement with regard to participation in data 
        collection and study.--Transitional visa holders shall be 
        required to participate in data collection and study as 
        described in section 501(b)(1)(G) of this Act that the Labor 
        Commission deems necessary or helpful to fulfill its purpose 
        and mission.
            ``(4) Maintenance of information.--The Secretary of State 
        shall maintain information on the age, occupation, education 
        level, and other relevant characteristics of immigrants issued 
        visas under this subsection and share such information to the 
        Labor Commission in Title V of this Act as needed.
            ``(5) Order of consideration.--Immigrant visas made 
        available each fiscal year under this subsection shall be 
        issued to eligible qualified immigrants in a random order 
        established by the Secretary of State.''.

SEC. 318. ADJUSTMENT OF STATUS.

    (a) Conditional Permanent Resident Status.--
            (1) In general.--
                    (A) Conditional basis for status.--Notwithstanding 
                any other provision of law, an alien whose status has 
                been adjusted under subsection (b) to that of an alien 
                lawfully admitted for permanent residence shall be 
                considered to have obtained such status on a 
                conditional basis subject to the provisions of this 
                paragraph. Such conditional permanent resident status 
                shall be valid for a period of 3 years, subject to 
                termination under paragraph (2).
                    (B) Notice of requirements.--At the time an alien 
                obtains permanent resident status on a conditional 
                basis under subsection (b), the Secretary of Homeland 
                Security shall provide notice to the alien regarding 
                the provisions of this section and the requirements of 
                paragraph (3) to have the conditional basis of such 
                status removed.
            (2) Termination of status.--
                    (A) In general.--The Secretary shall terminate the 
                conditional permanent resident status of any alien who 
                obtained such status under this Act, if the Secretary 
                determines that the alien ceases to meet the 
                requirements of subsection (b)(1).
                    (B) Return to country of origin.--Any alien whose 
                conditional permanent resident status is terminated 
                under subparagraph (A) shall be required to return to 
                their country of origin.
            (3) Requirements of timely petition for removal of 
        condition.--
                    (A) In general.--In order for the conditional basis 
                of the permanent resident status obtained by an alien 
                under subsection (b) to be removed, the alien must file 
                with the Secretary of Homeland Security, in accordance 
                with paragraph (4), a petition which requests the 
                removal of such conditional basis and which provides, 
                under penalty of perjury, the facts and information so 
                that the Secretary may make the determination described 
                in subparagraph (B)(i).
                    (B) Adjudication of petition to remove condition.--
                            (i) In general.--If a petition is filed in 
                        accordance with clause (A) for an alien, the 
                        Secretary shall make a determination as to 
                        whether the alien meets the requirements set 
                        out in subparagraphs (A) and (B) of paragraph 
                        (4).
                            (ii) Removal of conditional basis if 
                        favorable determination.--If the Secretary 
                        determines that the alien meets such 
                        requirements, the Secretary shall notify the 
                        alien of such determination and immediately 
                        remove the conditional basis of the status of 
                        the alien.
                            (iii) Termination of conditional status if 
                        unfavorable determination.--If the Secretary 
                        determines that the alien does not meet such 
                        requirements, the Secretary shall notify the 
                        alien of such determination and terminate 
                        conditional permanent resident status of the 
                        alien as of the date of the determination.
                    (C) Time to file petition.--An alien may petition 
                to remove the conditional basis of lawful resident 
                status during the period beginning 90 days before and 
                ending 180 days after either the date that is 3 years 
                after the date of granting conditional permanent 
                resident status or any other expiration date of the 
                conditional permanent resident status provided by the 
                Secretary in accordance with this Act. The alien shall 
                be deemed in conditional permanent resident status in 
                the United States during the period in which the 
                petition is pending.
            (4) Details of petition.--
                    (A) Contents of petition.--Each petition for an 
                alien under paragraph (3)(A) shall contain information 
                to permit the Secretary to determine whether each of 
                the following requirements is met:
                            (i) The alien has demonstrated good moral 
                        character during the entire period the alien 
                        has been a conditional permanent resident.
                            (ii) The alien is in compliance with 
                        subsection (b)(1).
                            (iii) The alien has not abandoned the 
                        alien's residence in the United States. The 
                        Secretary shall presume that the alien has 
                        abandoned such residence if the alien is absent 
                        from the United States for more than 365 days, 
                        in the aggregate, during the period of 
                        conditional residence, unless the alien 
                        demonstrates that the alien has not abandoned 
                        the alien's residence. An alien who is absent 
                        from the United States due to active service in 
                        the uniformed services has not abandoned the 
                        alien's residence in the United States during 
                        the period of such service.
                            (iv) The alien has satisfied all Federal 
                        income tax liabilities and is in good standing 
                        with the Internal Revenue Service as described 
                        in (B) of this paragraph.
                            (v) where applicable, can establish proof 
                        of registration under the Military Selective 
                        Service Act (50 U.S.C. App. 451 et seq.).
                    (B) Payment of income taxes.--
                            (i) In general.--Not later than the date on 
                        which status is adjusted under this section, a 
                        conditional nonimmigrant or conditional 
                        nonimmigrant dependent shall satisfy any 
                        applicable Federal tax liability by 
                        establishing that--
                                    (I) no such tax liability exists;
                                    (II) all outstanding liabilities 
                                have been paid; or
                                    (III) the conditional nonimmigrant 
                                has entered into, and is in compliance 
                                with, an agreement for payment of all 
                                outstanding liabilities with the 
                                Internal Revenue Service.
                            (ii) Applicable federal tax liability.--For 
                        purposes of (i), the term ``applicable Federal 
                        tax liability'' means liability for Federal 
                        taxes, including penalties and interest, owed 
                        for any year while classified as a conditional 
                        permanent resident for which the statutory 
                        period for assessment of any deficiency for 
                        such taxes has not expired.
                            (iii) IRS cooperation.--The Secretary of 
                        the Treasury shall establish rules and 
                        procedures under which the Commissioner of 
                        Internal Revenue shall provide documentation 
                        to--
                                    (I) a conditional permanent 
                                resident, upon request, to establish 
                                the payment of all taxes required under 
                                this subsection; or
                                    (II) the Secretary, upon request, 
                                regarding the payment of Federal taxes 
                                by an alien applying for a benefit 
                                under this section.
                            (iv) Compliance.--The alien may satisfy 
                        proof of compliance with this subsection by 
                        submitting documentation that establishes 
                        that--
                                    (I) no such tax liability exists;
                                    (II) all outstanding liabilities 
                                have been met; or
                                    (III) the alien has entered into, 
                                and is in compliance with, an agreement 
                                for payment of all outstanding 
                                liabilities with the Internal Revenue 
                                Service.
    (b) Adjustment of Status.--
            (1) Adjustment of status.--Notwithstanding any other 
        provision of law, and except as otherwise provided in this Act, 
        the Secretary of Homeland Security may adjust the status of an 
        alien granted a PUM visa, subject to the conditional basis 
        described in subsection (a), if the alien demonstrates that the 
        alien is not inadmissible under paragraph (2) (criminal 
        grounds), (3) (security grounds), 4(A) and (B) (public charge), 
        6(E) (smugglers), or 10(C) (child abductors) of section 212(a) 
        of the Immigration and Nationality Act (8 U.S.C. 1182(a)),
            (2) Mandatory fee.--Aliens granted a waiver of 
        inadmissibility from 212(a) not listed in (1) shall pay a $500 
        fee that shall be deposited into the Security and Prosperity 
        Account as described in section 502 of the Comprehensive 
        Immigration Reform ASAP Act of 2009.
            (3) Aliens not subject to direct numerical limitations.--
        Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by sections 
        310, 313, and 317(a) of this Act, is further amended by adding 
        at the end the following:
                    ``(I) Aliens whose status is adjusted under section 
                203(i).''.

SEC. 319. RULEMAKING.

    The Secretary shall promulgate regulations regarding the timely 
filing and processing of applications for visas awarded under section 
203(i) of the Immigration and Nationality Act, as added by section 
317(b) of this Act.

SEC. 320. UNITED STATES-EDUCATED IMMIGRANTS.

    (a) Exemption From Numerical Limitations.--
            (1) In general.--Section 201(b)(1) (8 U.S.C. 1151(b)(1)), 
        as amended by sections 310, 313, 317(a), and 318(b)(3) of this 
        Act, is further amended by adding at the end the following:
                    ``(J) Aliens who have earned a master's or higher 
                degree from an accredited university in the United 
                States.
                    ``(K) Aliens who have been awarded medical 
                specialty certification based on postdoctoral training 
                and experience in the United States preceding their 
                application for an immigrant visa under section 203(b).
                    ``(L) Aliens who will perform labor in shortage 
                occupations designated by the Secretary of Labor for 
                blanket certification under section 212(a)(5)(A) as 
                lacking sufficient United States workers able, willing, 
                qualified, and available for such occupations and for 
                which the employment of aliens will not adversely 
                affect the terms and conditions of similarly employed 
                United States workers.
                    ``(M) Aliens who have earned a master's degree or 
                higher in science, technology, engineering, or 
                mathematics and have been working in a related field in 
                the United States in a nonimmigrant status during the 
                3-year period preceding their application for an 
                immigrant visa under section 203(b).
                    ``(N) Aliens described in subparagraph (A) or (B) 
                of section 203(b)(1) or who have received a national 
                interest waiver under section 203(b)(2)(B).
                    ``(O) The spouse and minor children of an alien 
                described in subparagraph (J), (K), (L), (M), or 
                (N).''.
            (2) Applicability.--The amendment made by paragraph (1) 
        shall apply to any visa application--
                    (A) pending on the date of the enactment of this 
                Act; or
                    (B) filed on or after such date of enactment.
    (b) Labor Certifications.--Section 212(a)(5)(A)(ii) (8 U.S.C. 
1182(a)(5)(A)(ii)) is amended--
            (1) in subclause (I), by striking ``, or'' and inserting a 
        semicolon;
            (2) in subclause (II), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                                    ``(III) is a member of the 
                                professions and has a master's degree 
                                or higher from an accredited university 
                                in the United States or has been 
                                awarded medical specialty certification 
                                based on postdoctoral training and 
                                experience in the United States.''.
    (c) Attestation by Health Care Workers.--
            (1) Requirement for attestation.--Section 212(a)(5) (8 
        U.S.C. 1182(a)(5)) is amended by adding at the end the 
        following:
                    ``(E) Health care workers with other obligations.--
                            ``(i) In general.--An alien who seeks to 
                        enter the United States for the purpose of 
                        performing labor as a physician or other health 
                        care worker is inadmissible unless the alien 
                        submits to the Secretary of Homeland Security 
                        or the Secretary of State, as appropriate, an 
                        attestation that the alien is not seeking to 
                        enter the United States for such purpose during 
                        any period in which the alien has an 
                        outstanding obligation to the government of the 
                        alien's country of origin or the alien's 
                        country of residence.
                            ``(ii) Obligation defined.--In this 
                        subparagraph, the term `obligation' means an 
                        obligation incurred as part of a valid, 
                        voluntary individual agreement in which the 
                        alien received financial assistance to defray 
                        the costs of education or training to qualify 
                        as a physician or other health care worker in 
                        consideration for a commitment to work as a 
                        physician or other health care worker in the 
                        alien's country of origin or the alien's 
                        country of residence.
                            ``(iii) Waiver.--The Secretary of Homeland 
                        Security may waive a finding of inadmissibility 
                        under clause (i) if the Secretary determines 
                        that--
                                    ``(I) the obligation was incurred 
                                by coercion or other improper means;
                                    ``(II) the alien and the government 
                                of the country to which the alien has 
                                an outstanding obligation have reached 
                                a valid, voluntary agreement, pursuant 
                                to which the alien's obligation has 
                                been deemed satisfied, or the alien has 
                                shown to the satisfaction of the 
                                Secretary that the alien has been 
                                unable to reach such an agreement 
                                because of coercion or other improper 
                                means; or
                                    ``(III) the obligation should not 
                                be enforced due to other extraordinary 
                                circumstances, including undue hardship 
                                that would be suffered by the alien in 
                                the absence of a waiver.''.
            (2) Effective date and application.--
                    (A) Effective date.--The amendment made by 
                paragraph (1) shall become effective 180 days after the 
                date of the enactment of this Act.
                    (B) Application by the secretary.--The Secretary 
                shall begin to carry out section 212(a)(5)(E) of the 
                Immigration and Nationality Act, as added by paragraph 
                (1), not later than the effective date described in 
                subparagraph (A), including the requirement for the 
                attestation and the granting of a waiver described in 
                such section, regardless of whether regulations to 
                implement such section have been promulgated.

SEC. 321. RETAINING WORKERS SUBJECT TO GREEN CARD BACKLOG.

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

SEC. 322. RETURN OF TALENT PROGRAM.

    (a) Short Title.--This section may be cited as the ``Return of 
Talent Act''.
    (b) Establishment.--
            (1) In general.--Title III (8 U.S.C. 1401 et seq.) is 
        amended by inserting after section 317 the following:

``SEC. 317A. TEMPORARY ABSENCE OF PERSONS PARTICIPATING IN THE RETURN 
              OF TALENT PROGRAM.

    ``(a) In General.--The Secretary of Homeland Security, in 
consultation with the Secretary of State, shall establish the Return of 
Talent Program to permit eligible aliens to temporarily return to the 
alien's country of citizenship in order to make a material contribution 
to that country if the country is engaged in postconflict or natural 
disaster reconstruction activities, for a period not longer than 2 
years, unless an exception is granted under subsection (d).
    ``(b) Eligible Alien.--An alien is eligible to participate in the 
Return of Talent Program established under subsection (a) if the alien 
meets the special immigrant description under section 101(a)(27)(N).
    ``(c) Family Members.--The spouse, parents, siblings, and any minor 
children of an alien who participates in the Return of Talent Program 
established under subsection (a) may return to such alien's country of 
citizenship with the alien and reenter the United States with the 
alien.
    ``(d) Extension of Time.--The Secretary of Homeland Security may 
extend the 2-year period referred to in subsection (a) upon a showing 
that circumstances warrant that an extension is necessary for 
postconflict or natural disaster reconstruction efforts.
    ``(e) Residency Requirements.--An immigrant described in section 
101(a)(27)(N) who participates in the Return of Talent Program 
established under subsection (a), and the spouse, parents, siblings, 
and any minor children who accompany such immigrant to that immigrant's 
country of citizenship, shall be considered, during such period of 
participation in the program--
            ``(1) for purposes of section 316(a), physically present 
        and residing in the United States for purposes of 
        naturalization within the meaning of that section; and
            ``(2) for purposes of section 316(b), to meet the 
        continuous residency requirements in that section.
    ``(f) Oversight and Enforcement.--The Secretary of Homeland 
Security, in consultation with the Secretary of State, shall oversee 
and enforce the requirements of this section.''.
            (2) Table of contents.--The table of contents (8 U.S.C. 
        1101 et seq.) is amended by inserting after the item relating 
        to section 317 the following:

``317A. Temporary absence of persons participating in the Return of 
                            Talent Program''.''
    (c) Eligible Immigrants.--Section 101(a)(27) (8 U.S.C. 1101(a)(27)) 
is amended by adding at the end the following:
                    ``(N) an immigrant who--
                            ``(i) has been lawfully admitted to the 
                        United States for permanent residence;
                            ``(ii) demonstrates an ability and 
                        willingness to make a material contribution to 
                        the postconflict or natural disaster 
                        reconstruction in the alien's country of 
                        citizenship; and
                            ``(iii) as determined by the Secretary of 
                        State in consultation with the Secretary of 
                        Homeland Security--
                                    ``(I) is a citizen of a country in 
                                which Armed Forces of the United States 
                                are engaged, or have engaged in the 10 
                                years preceding such determination, in 
                                combat or peacekeeping operations;
                                    ``(II) is a citizen of a country 
                                where authorization for United Nations 
                                peacekeeping operations was initiated 
                                by the United Nations Security Council 
                                during the 10 years preceding such 
                                determination; or
                                    ``(III) is a citizen of a country 
                                which received, during the preceding 2 
                                years, funding from the Office of 
                                Foreign Disaster Assistance of the 
                                United States Agency for International 
                                Development in response to a declared 
                                disaster in such country by the United 
                                States Ambassador, the Chief of the 
                                U.S. Mission, or the appropriate 
                                Assistant Secretary of State, that is 
                                beyond the ability of such country's 
                                response capacity and warrants a 
                                response by the United States 
                                Government.''.
    (d) Report to Congress.--Not later than 2 years after the date of 
the enactment of this Act, the Secretary, in consultation with the 
Secretary of State, shall submit a report to Congress that describes--
            (1) the countries of citizenship of the participants in the 
        Return of Talent Program established under section 317A of the 
        Immigration and Nationality Act, as added by subsection (b);
            (2) the postconflict or natural disaster reconstruction 
        efforts that benefitted, or were made possible, through 
        participation in the program; and
            (3) any other information that the Secretary determines to 
        be appropriate.
    (e) Regulations.--Not later than 6 months after the date of the 
enactment of this Act, the Secretary shall promulgate regulations to 
carry out this section and the amendments made by this section.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to United States Citizenship and Immigration Services such 
sums as may be necessary to carry out this section and the amendments 
made by this section.

       TITLE IV--EARNED LEGALIZATION OF UNDOCUMENTED INDIVIDUALS

                 Subtitle A--Conditional Nonimmigrants

SEC. 401. CONDITIONAL NONIMMIGRANTS.

    (a) In General.--
            (1) Required registration.--An alien as described in this 
        section shall register with the Department of Homeland Security 
        by submitting biometric identification pursuant to subsection 
        (b) and filing an application with the Secretary that 
        demonstrates the alien's compliance with the requirements 
        listed in subsections (b) through (e).
            (2) Classification.--Notwithstanding any other provision of 
        law, including section 244(h) of the Immigration and 
        Nationality Act (8 U.S.C. 1254a(h)), the Secretary shall 
        classify an alien as a conditional nonimmigrant or conditional 
        nonimmigrant dependent if the alien registers pursuant to 
        paragraph (1) and is determined to meet the requirements listed 
        in this section.
    (b) Compliance With Security and Law Enforcement Background 
Checks.--Registration and classification as a conditional nonimmigrant 
or conditional nonimmigrant dependent under this section is contingent 
upon the submission of all required biometric data in accordance with 
procedures established by the Secretary.
    (c) Physical Presence.--
            (1) Presence in the united states.--The alien shall 
        establish that the alien--
                    (A) was present in the United States on the date of 
                the introduction of this Act in the United States House 
                of Representatives;
                    (B) has been continuously present in the United 
                States since the date described in subparagraph (A); 
                and
                    (C) was not legally present in the United States on 
                the date of the introduction of this Act in the United 
                States House of Representatives under any 
                classification described in section 101(a)(15) of the 
                Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) 
                or has been in violation of status on or before such 
                date.
            (2) Continuous presence.--For purposes of this subsection, 
        an absence from the United States without authorization for a 
        continuous period of more than 180 days between the date of the 
        enactment of this Act and the beginning of the application 
        period for classification as a conditional nonimmigrant or 
        conditional nonimmigrant dependent shall constitute a break in 
        continuous physical presence. Individuals absent under advance 
        parole shall not be considered as failing to meet the 
        continuous physical presence requirement.
    (d) Otherwise Admissible to the United States.--
            (1) In general.--An alien shall be eligible for 
        classification as a conditional nonimmigrant or conditional 
        nonimmigrant dependent if the Secretary determines that the 
        alien--
                    (A) is not inadmissible to the United States under 
                section 212(a) of the Immigration and Nationality Act 
                (8 U.S.C. 1182(a)), except as provided in paragraph 
                (2);
                    (B) has not ordered, incited, assisted, or 
                otherwise participated in the persecution of any person 
                on account of race, religion, nationality, membership 
                in a particular social group, or political opinion; and
                    (C) is not an alien--
                            (i) who has been convicted by final 
                        judgment of a particularly serious crime and 
                        constitutes a danger to the community of the 
                        United States;
                            (ii) for whom there are reasonable grounds 
                        for believing that the alien has committed a 
                        particularly serious crime outside the United 
                        States before arriving in the United States; or
                            (iii) for whom there are reasonable grounds 
                        for regarding the alien as a danger to the 
                        security of the United States; and
                            (iv) who has been convicted of a felony or 
                        3 or more misdemeanors for which the alien has 
                        served not less than 12 months of imprisonment 
                        in the aggregate.
            (2) Grounds of inadmissibility.--In determining an alien's 
        admissibility under paragraph (1)(A)--
                    (A) paragraphs (5), (6), (7), (9), and (10)(B) of 
                section 212(a) of such Act shall not apply;
                    (B) the Secretary may not waive--
                            (i) subparagraph (A), (B), (C), (D)(ii), 
                        (E), (G), (H), or (I) of section 212(a)(2) of 
                        such Act (relating to criminals);
                            (ii) section 212(a)(3) of such Act 
                        (relating to security and related grounds); or
                            (iii) subparagraph (A), (C), or (D) of 
                        section 212(a)(10) of such Act (relating to 
                        polygamists and child abductors);
                    (C) the Secretary may waive the application of any 
                provision of section 212(a) of such Act not listed in 
                subparagraph (B) on behalf of an individual alien for 
                humanitarian purposes, to ensure family unity, or if 
                such waiver is otherwise in the public interest; and
                    (D) nothing in this paragraph shall be construed as 
                affecting the authority of the Secretary other than 
                under this paragraph to waive the provisions of section 
                212(a) of such Act.
            (3) Applicability of other provisions.--Sections 240B(d) 
        and 241(a)(5) of the Immigration and Nationality Act (8 U.S.C. 
        1229c(d) and 1231(a)(5)) shall not apply to an alien who is 
        applying for classification under this section for conduct that 
        occurred before the date of enactment of this Act.
    (e) Contributions to the United States Through Employment, 
Education, Military Service or Other Commitment to the Community.--
            (1) In general.--The Secretary shall not accept the 
        registration of an alien, or classify an alien as a conditional 
        nonimmigrant or conditional nonimmigrant dependent unless the 
        alien attests, under penalty of perjury, that he or she is 
        contributing to the United States through one or more of the 
        following enterprises--
                    (A) the alien is employed full-time, part-time, or 
                seasonally in the United States, is self-employed, or 
                is actively seeking employment; or
                    (B) is enrolled full- or part-time in an accredited 
                secondary or post-secondary school, university, or 
                other institution of higher education, or an accredited 
                vocational, technical, or other training program; or
                    (C) is a member of the active or reserve Armed 
                Services, the National Guard, or other government 
                sponsored civil service program; or
                    (D) otherwise establishes, to the satisfaction of 
                the Secretary, that the alien is an active volunteer or 
                community member.
            (2) Exemptions.--The requirements in paragraph (1) shall 
        not apply to any individual who, at the time of registration--
                    (A) is 65 years of age or older, has a physical or 
                mental disability, is pregnant, is the primary 
                caregiver to a child under the age of 16 or to an 
                elderly or disabled person, or is on official extended 
                medical leave; or
                    (B) is the spouse of a United States citizen or 
                lawful permanent resident;
                    (C) is a child 21 years of age or younger of a 
                United States citizen or lawful permanent resident; or
                    (D) has been physically present in the United 
                States for a continuous period of not less than 5 years 
                immediately preceding the date of enactment of this 
                Act, and had not yet reached the age of 16 years at the 
                time of initial entry and had not yet reached the age 
                of 35 years on the date of the enactment of this Act.
            (3) Definitions.--In this subtitle:
                    (A) Institution of higher education.--The term 
                ``institution of higher education'' has the meaning 
                given that term in section 101 of the Higher Education 
                Act of 1965 (20 U.S.C. 1001).
                    (B) Uniformed services.--The term ``uniformed 
                services'' has the meaning given that term in section 
                101(a) of title 10, United States Code.
    (f) Special Rule for Spouses and Children.--Notwithstanding any 
other provision of law, the Secretary shall classify the spouse or 
child of a conditional nonimmigrant as a conditional nonimmigrant 
dependent, or provide the spouse or child with a conditional 
nonimmigrant dependent visa if--
            (1) the spouse or child is not otherwise inadmissible to 
        the United States as described in subsection (d);
            (2) in the case of a child, was 21 years of age or younger 
        on the date of enactment of this Act; or
            (3) in the case of a spouse, was married to the conditional 
        nonimmigrant on or before the date of enactment and is married 
        at the time of the application;
            (4) except that the spouse or child of an alien who was 
        subsequently classified as a conditional nonimmigrant under 
        this Act may apply for classification as a conditional 
        nonimmigrant if the spousal or parental relationship has 
        terminated and--
                    (A) the termination of the relationship with such 
                spouse or parent was connected to domestic violence; 
                and
                    (B) the spouse or child has been battered or 
                subjected to extreme cruelty by the spouse or parent 
                who is a conditional nonimmigrant.
    (g) Application Procedures, Fee and Penalty.--
            (1) Application procedures.--For purposes of establishing 
        enrollment in this program, an application shall be considered 
        complete if it includes appropriate biometric data, applicable 
        fees, penalties through fines, and answers fully and completely 
        all questions attesting to eligibility as described in 
        subsections (a) through (f). The Secretary may require evidence 
        upon initial submission of the application sufficient to 
        establish prima facie eligibility for conditional nonimmigrant 
        or conditional nonimmigrant dependent status. The Secretary 
        may, at his or her discretion, require additional evidence or 
        an interview to make a final determination that an alien has 
        established eligibility for classification.
            (2) Application fee and penalty.--
                    (A) Application fee.--The Secretary shall impose a 
                fee for filing an application under this section. Such 
                fee shall be sufficient to cover the administrative and 
                other expenses incurred in connection with the review 
                of such applications.
                    (B) Penalty.--
                            (i) In general.--Except as provided under 
                        clause (ii), an alien filing an application 
                        under this section shall submit to the 
                        Secretary, in addition to the fee required 
                        under subparagraph (A), a fine of $500.
                            (ii) Exception.--An alien who is classified 
                        as a conditional nonimmigrant who qualifies for 
                        classification based on the exemption in 
                        subsection (e)(2)(D) or a conditional 
                        nonimmigrant dependent because he or she was 
                        younger than 21 years of age on the date of 
                        enactment of this Act shall not be required to 
                        pay a fine under this paragraph.
                    (C) Disposition of fees and fines.--
                            (i) Fees.--Fees collected under this 
                        paragraph shall be deposited into the 
                        Immigration Examination Fee Account and remain 
                        available as provided under subsections (m) and 
                        (n) of section 286 of the Immigration and 
                        Nationality Act (8 U.S.C. 1356).
                            (ii) Fines.--Fines collected under this 
                        paragraph shall be deposited into the Security 
                        and Prosperity Account established under 
                        section 286(w) of such Act.
    (h) Treatment of Applicants.--
            (1) In general.--An alien who files an application under 
        this section to become a conditional nonimmigrant or a 
        conditional nonimmigrant dependent shall be considered enrolled 
        in the program pursuant to subsection (a)(2) until such time as 
        a final determination is made on the application for 
        classification. Following submission of biometric data pursuant 
        to subsection (b) and successful clearance of the Secretary's 
        security and criminal background checks, a registered alien--
                    (A) shall be granted employment authorization 
                pending final adjudication of the alien's application;
                    (B) shall be granted permission to travel abroad;
                    (C) may not be detained for immigration purposes, 
                determined inadmissible or deportable, or removed 
                pending final adjudication of the alien's application, 
                unless the alien, due to subsequent conduct or criminal 
                conviction, becomes ineligible for conditional 
                nonimmigrant classification; and
                    (D) may not be considered an unauthorized alien (as 
                defined in section 274A(h)(3) of the Immigration and 
                Nationality Act (8 U.S.C. 1324a(h)(3))) until 
                employment authorization under subparagraph (A) is 
                denied.
            (2) Document of authorization.--The Secretary shall provide 
        each alien described in paragraph (1) with a counterfeit-
        resistant document of authorization that--
                    (A) meets all current requirements established by 
                the Secretary for travel documents, including the 
                requirements under section 403 of the Illegal 
                Immigration Reform and Immigrant Responsibility Act of 
                1996 (8 U.S.C. 1324a note); and
                    (B) reflects the benefits and status set forth in 
                paragraph (1).
            (3) Before application period.--If an alien is apprehended 
        between the date of the enactment of this Act and the date on 
        which the alien files an application under this section, and 
        the alien can establish prima facie eligibility as a 
        conditional nonimmigrant or a conditional nonimmigrant 
        dependent, the alien shall not be detained and the Secretary 
        shall provide the alien with a reasonable opportunity to file 
        an application under this section.
            (4) During certain proceedings.--Notwithstanding any 
        provision of the Immigration and Nationality Act, if an 
        immigration judge determines that an alien who is in removal 
        proceedings has made a prima facie case of eligibility for 
        classification as a conditional nonimmigrant or a conditional 
        nonimmigrant dependent, the judge shall administratively close 
        such proceedings and permit the alien a reasonable opportunity 
        to apply for such classification.
            (5) Relationships of application to certain orders.--
                    (A) In general.--An alien who is present in the 
                United States and has been ordered excluded, deported, 
                removed, or ordered to depart voluntarily from the 
                United States under any provision of the Immigration 
                and Nationality Act--
                            (i) notwithstanding such order, may apply 
                        for classification as a conditional 
                        nonimmigrant or conditional nonimmigrant 
                        dependent under this subtitle;
                            (ii) shall not be required to file a 
                        separate motion to reopen, reconsider, or 
                        vacate the exclusion, deportation, removal, or 
                        voluntary departure order; and
                            (iii) the filing of an application for 
                        conditional nonimmigrant or conditional 
                        nonimmigrant dependent status shall stay the 
                        removal of the alien pending final adjudication 
                        of the application, unless the removal or 
                        detainment of the alien is based on criminal or 
                        national security-related grounds that would 
                        render the alien ineligible under this section.
                    (B) Application granted.--If the Secretary grants 
                the application described in subparagraph (A)(i), the 
                Secretary shall cancel the order described in 
                subparagraph (A).
                    (C) Application denied.--If the Secretary renders a 
                final administrative decision to deny the application 
                described in subparagraph (A)(i), the order described 
                in subparagraph (A) shall be effective and enforceable 
                to the same extent as if the application had not been 
                made.
    (i) Classification.--
            (1) Benefits and documentation.--If the Secretary 
        determines that an alien is eligible for classification as a 
        conditional nonimmigrant or conditional nonimmigrant dependent, 
        the alien shall be entitled to all benefits described in 
        subsection (h)(1). The Secretary may authorize the use of a 
        document described in subsection (h)(2) as evidence of such 
        classification or may issue additional documentation as 
        evidence of classification as a conditional nonimmigrant or 
        conditional nonimmigrant dependent.
            (2) Period of authorized stay.--
                    (A) In general.--Except as provided under 
                subparagraph (C), the period of authorized stay for a 
                conditional nonimmigrant or a conditional nonimmigrant 
                dependent shall be 6 years from the date on which such 
                status is conferred.
                    (B) Extension.--The Secretary may extend the period 
                described in subparagraph (A) in additional 5-year 
                increments provided that the alien continues to meet 
                the requirements of this section.
    (j) Termination of Benefits.--
            (1) In general.--Any benefit provided to an alien seeking 
        classification as a conditional nonimmigrant or conditional 
        nonimmigrant dependent, or who is classified as such, under 
        this section shall terminate if--
                    (A) the Secretary determines that the alien is 
                ineligible for such classification and all review 
                procedures under section 603 have been exhausted or 
                waived by the alien;
                    (B) the alien has used documentation issued under 
                this section for unlawful or fraudulent purposes; or
                    (C) in the case of the spouse or child of an alien 
                applying for classification as a conditional 
                nonimmigrant or classified as a conditional 
                nonimmigrant under this section, the benefits for the 
                principal alien are terminated unless benefits are 
                terminated due to the death of the principal applicant; 
                provided that the spouse or child shall be given a 
                reasonable opportunity to apply independently for 
                classification under this section.
    (k) Dissemination of Information on Conditional Nonimmigrant 
Program.--During the 12-month period immediately following the issuance 
of regulations implementing this section, the Secretary, in cooperation 
with entities approved by the Secretary, shall broadly disseminate 
information respecting conditional nonimmigrant or conditional 
nonimmigrant dependent classification under this section and the 
requirements to be satisfied to obtain such classification. The 
Secretary shall disseminate information to employers and labor unions 
to advise them of the rights and protections available to them and to 
workers who file applications under this section. Such information 
shall be broadly disseminated, in the principal languages, as 
determined by the Secretary, spoken by aliens who would qualify for 
classification under this section, including to television, radio, and 
print media to which such aliens would have access.
    (l) Construction Clause.--Nothing in this subsection shall be 
construed to prevent an alien described in this section from filing an 
application for an immigration benefit in accordance with any other 
provision of law.

SEC. 402. ADJUSTMENT OF STATUS FOR CONDITIONAL NONIMMIGRANTS.

    (a) Requirements.--
            (1) In general.--Notwithstanding any other provision of 
        law, including section 244(h) of the Immigration and 
        Nationality Act (8 U.S.C. 1254a(h)), the Secretary may adjust 
        the status of a conditional nonimmigrant or a conditional 
        nonimmigrant dependent to that of an alien lawfully admitted 
        for permanent residence if the conditional nonimmigrant or 
        conditional nonimmigrant dependent satisfies the applicable 
        requirements under this subsection.
            (2) Fulfillment of conditional requirements.--A conditional 
        nonimmigrant applying for adjustment of status under this 
        section shall establish that during the 5-year period 
        immediately preceding the application for adjustment of status, 
        he or she has fulfilled the requirements of the alien's 
        conditional status by demonstrating that the alien--
                    (A) has not been convicted of any offenses that 
                would render the alien inadmissible as described in 
                subsection (b);
                    (B) has satisfied all past or current Federal 
                income tax liabilities and is in good standing with the 
                Internal Revenue Service as described in subsection 
                (c);
                    (C) can establish that he or she has contributed to 
                the community through employment, education, military 
                service or other enterprise as described in subsection 
                (d);
                    (D) has demonstrated sufficient mastery of basic 
                English skills as described in subsection (e); and
                    (E) where applicable, can establish proof of 
                registration under the Military Selective Service Act 
                (50 U.S.C. App. 451 et seq.).
    (b) Admissible Under Immigration Laws.--A conditional nonimmigrant 
or conditional nonimmigrant dependent applying for adjustment of status 
under this section shall establish that he or she is not inadmissible 
under section 212(a) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)), except for any provision under that section that is not 
applicable or waived under paragraph (2) or (3) of section 401(d). For 
purposes of an application filed under this section, any prior waiver 
of inadmissibility granted to an alien under section 401(d)(2) shall 
remain in effect with respect to the specific conduct considered by the 
Secretary at the time of classification under section 401.
    (c) Payment of Income Taxes.--
            (1) In general.--Not later than the date on which status is 
        adjusted under this section, a conditional nonimmigrant or 
        conditional nonimmigrant dependent shall satisfy any applicable 
        Federal tax liability by establishing that--
                    (A) no such tax liability exists;
                    (B) all outstanding liabilities have been paid; or
                    (C) the conditional nonimmigrant has entered into, 
                and is in compliance with, an agreement for payment of 
                all outstanding liabilities with the Internal Revenue 
                Service.
            (2) Applicable federal tax liability.--For purposes of 
        paragraph (1), the term ``applicable Federal tax liability'' 
        means liability for Federal taxes, including penalties and 
        interest, owed for any year while classified as a conditional 
        nonimmigrant or conditional nonimmigrant dependent for which 
        the statutory period for assessment of any deficiency for such 
        taxes has not expired.
            (3) IRS cooperation.--The Secretary of the Treasury shall 
        establish rules and procedures under which the Commissioner of 
        Internal Revenue shall provide documentation to--
                    (A) a conditional nonimmigrant or conditional 
                nonimmigrant dependent, upon request, to establish the 
                payment of all taxes required under this subsection; or
                    (B) the Secretary, upon request, regarding the 
                payment of Federal taxes by an alien applying for a 
                benefit under this section.
            (4) Compliance.--The alien may satisfy proof of compliance 
        with this subsection by submitting documentation that 
        establishes that--
                    (A) no such tax liability exists;
                    (B) all outstanding liabilities have been met; or
                    (C) the alien has entered into, and is in 
                compliance with, an agreement for payment of all 
                outstanding liabilities with the Internal Revenue 
                Service.
    (d) Contributions to the United States Through Employment, 
Education, Military Service or Other Commitment to the Community.--
            (1) An alien shall demonstrate contributions to the United 
        States by submitting evidence that he or she--
                    (A) is or has been engaged in full-time, part-time, 
                self, or seasonal employment in the United States; or
                    (B) has completed or is enrolled in an accredited 
                education program as described under subsection 
                (e)(1)(B) of section 401; or
                    (C) is serving in the military or has completed 
                military service as described in subsection (e)(1)(C) 
                of section 401; or
                    (D) otherwise establishes, to the satisfaction of 
                the Secretary, that the alien is an active volunteer or 
                community member; or
                    (E) is exempt from these requirements, as described 
                under subsection (e)(2) of section 401; and
                    (F) is self-sufficient or self-supporting, 
                including through the support of family, community 
                members, or others, as determined by the Secretary, 
                such that the alien is not a public charge or at risk 
                of becoming a public charge.
            (2) Evidence of employment, education, military service or 
        other contributions.--
                    (A) Conclusive documents.--An alien may 
                conclusively establish compliance with paragraph (1) by 
                submitting records to the Secretary that demonstrate 
                such employment, education, military service, or other 
                contributions that have been maintained by the Social 
                Security Administration, the Internal Revenue Service, 
                the Armed Services or any other Federal, State, or 
                local government agency or public or private 
                educational institution.
                    (B) Other documents.--An alien who is unable to 
                submit a document described in subparagraph (A) may 
                satisfy the requirement under paragraph (1) by 
                submitting to the Secretary at least 2 other types of 
                reliable documents that provide evidence of 
                contributions to the United States, including--
                            (i) bank records;
                            (ii) business records;
                            (iii) employer records;
                            (iv) records of a labor union, day labor 
                        center, or organization that assists workers in 
                        employment;
                            (v) records of a registered charitable, 
                        voluntary or 501(c)(3) nonprofit organization; 
                        and
                            (vi) sworn affidavits from nonrelatives who 
                        have direct knowledge of the alien's 
                        contribution, that contain--
                                    (I) the name, address, and 
                                telephone number of the affiant;
                                    (II) the nature and duration of the 
                                relationship between the affiant and 
                                the alien; and
                                    (III) other verification or 
                                information; and
                            (vii) remittance records.
                    (C) Additional documents and restrictions.--The 
                Secretary may--
                            (i) designate additional documents to 
                        evidence employment, education, military 
                        service or and other contributions to the 
                        United States; and
                            (ii) set such terms and conditions on the 
                        use of affidavits as is necessary to verify and 
                        confirm the identity of any affiant or 
                        otherwise prevent fraudulent submissions.
            (4) Burden of proof.--An alien described in paragraph (1) 
        who is applying for adjustment of status under this section 
        shall prove, by a preponderance of the evidence, that the alien 
        has satisfied the requirements of this subsection. An alien may 
        meet such burden of proof by producing sufficient evidence to 
        demonstrate employment, education, military service, or other 
        contribution to the United States as a matter of reasonable 
        inference.
    (e) Basic Citizenship Skills.--
            (1) In general.--Except as provided under paragraph (2), a 
        conditional nonimmigrant or conditional nonimmigrant dependent 
        shall establish that he or she--
                    (A) meets the requirements under section 312 of the 
                Immigration and Nationality Act (8 U.S.C. 1423);
                    (B) earned a high school diploma or obtained a 
                general education development certificate in the United 
                States; or
                    (C) is satisfactorily pursuing a course of study to 
                achieve such an understanding of English and knowledge 
                and understanding of the history and Government of the 
                United States.
            (2) Relation to naturalization examination.--A conditional 
        nonimmigrant or conditional nonimmigrant dependent who 
        demonstrates that he or she meets the requirements under such 
        section 312 may be considered to have satisfied the 
        requirements of that section for purposes of becoming 
        naturalized as a citizen of the United States under title III 
        of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.).
            (3) Exceptions.--
                    (A) Mandatory.--Paragraph (1) shall not apply to 
                any person who is unable to comply with those 
                requirements because of a physical or developmental 
                disability or mental impairment (as described in 
                section 312(b)(1) of the Immigration and Nationality 
                Act (8 U.S.C. 1423(b)(1))).
                    (B) Discretionary.--The Secretary may waive all or 
                part of paragraph (1) for a conditional nonimmigrant 
                who is at least 65 years of age on the date on which an 
                application is filed for adjustment of status under 
                this section.
    (f) Application Procedure, Fees, and Fines.--
            (1) Compliance with all requirements.--A conditional 
        nonimmigrant or conditional nonimmigrant dependent seeking to 
        adjust status to that of a lawful permanent resident shall 
        submit to a full medical examination and all security and other 
        law enforcement checks required of an applicant for adjustment 
        under section 245 of the Immigration and Nationality Act.
            (2) Application and fee.--The Secretary shall promulgate 
        regulations establishing procedures for submitting an 
        application for adjustment of status under this section. The 
        Secretary shall impose a fee for filing an application for 
        adjustment of status under this section which shall be 
        sufficient to cover the administrative and other expenses 
        incurred in connection with the review of such applications.
            (3) Deposit of fees.--Fees collected under this paragraph 
        shall be deposited into the Immigration Examination Fee Account 
        and shall remain available as provided under subsections (m) 
        and (n) of section 286 of the Immigration and Nationality Act 
        (8 U.S.C. 1356).
    (g) Treatment of Conditional Nonimmigrant Dependents.--
            (1) Adjustment of status.--Notwithstanding any other 
        provision of law, the Secretary may--
                    (A) adjust the status of a conditional nonimmigrant 
                dependent to that of a person admitted for lawful 
                permanent residence if the principal conditional 
                nonimmigrant spouse or parent has been found eligible 
                for adjustment of status under this section, provided 
                that the dependent complies with subparagraphs (A), 
                (B), and (E), where applicable, of subsection (a)(2) 
                and completes the application requirements described in 
                subsection (f);
                    (B) adjust the status of a conditional nonimmigrant 
                dependent who was the spouse or child of an alien who 
                was classified as a conditional nonimmigrant, or was 
                eligible for such classification under section 401, to 
                that of a person admitted for permanent residence if--
                            (i) the termination of the relationship 
                        with such spouse or parent was connected to 
                        domestic violence; and
                            (ii) the spouse or child has been battered 
                        or subjected to extreme cruelty by the spouse 
                        or parent; provided that the dependent complies 
                        with subparagraphs (A), (B), and (E), where 
                        applicable, of subsection (a)(2) and completes 
                        the application requirements described in 
                        subsection (g).
            (2) Application of other law.--In processing applications 
        under this subsection on behalf of aliens who have been 
        battered or subjected to extreme cruelty, the Secretary shall 
        apply--
                    (A) the provisions under section 204(a)(1)(J) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1154(a)(1)(J)); and
                    (B) the protections, prohibitions, and penalties 
                under section 384 of the Illegal Immigration Reform and 
                Immigrant Responsibility Act of 1996 (8 U.S.C. 1367).
    (h) Back of the Line.--
            (1) In general.--An alien may not adjust status to that of 
        a lawful permanent resident status under this Act until that 
        earlier of--
                    (A) 30 days after an immigrant visa becomes 
                available for petitions filed under section 201, 202, 
                or 203 of the Immigration and Nationality Act (8 U.S.C. 
                1151, 1152, and 1153), which were filed before the date 
                of enactment of this Act; or
                    (B) 6 years after the date of the enactment of this 
                Act.
            (2) Special rule for conditional immigrants qualifying 
        under subsection (e)(2)(D) of section 401.--An alien who 
        qualifies as a conditional nonimmigrant as described in 
        subsection (e)(2)(D) of section 401 shall be eligible to apply 
        for adjustment of status immediately upon the completion of one 
        of the following:
                    (A) The alien has acquired a degree from an 
                institution of higher education in the United States or 
                has completed at least 2 years, in good standing, in a 
                program for a bachelor's degree or higher degree in the 
                United States.
                    (B) The alien has served in the uniformed services 
                for at least 2 years and, if discharged, has received 
                an honorable discharge.
                    (C) The alien has been employed full-time, part-
                time, or seasonally for at least 2 years prior to date 
                of application.
            (3) Naturalization.--For purposes of naturalization only, 
        aliens who adjust their status to that of a lawful permanent 
        resident under the special rule described in paragraph (2) 
        shall be eligible to apply for naturalization 3 years after the 
        date on which adjustment of status is granted.
    (i) Ineligibility for Public Benefits.--For purposes of section 403 
of the Personal Responsibility and Work Opportunity Reconciliation Act 
of 1996 (8 U.S.C. 1613), an alien whose status has been adjusted under 
this section shall not be eligible for any Federal means-tested public 
benefit unless the alien meets the alien eligibility criteria for such 
benefit under title IV of such Act (8 U.S.C. 1601 et seq.).

SEC. 403. ADMINISTRATIVE AND JUDICIAL REVIEW.

    (a) Administrative Review.--
            (1) Single level of administrative appellate review.--The 
        Secretary of Homeland Security shall establish an independent 
        appellate authority within the Bureau of Citizenship and 
        Immigration Services to provide for a single level of 
        administrative appellate review of a determination respecting 
        an application for classification or adjustment of status under 
        this subtitle.
            (2) Standard for review.--Administrative appellate review 
        referred to in paragraph (1) shall be based solely upon the 
        administrative record established at the time of the 
        determination on the application and upon the presentation of 
        additional or newly discovered evidence during the time of the 
        pending appeal or subsequently on motion to reopen.
    (b) Judicial Review.--
            (1) Direct review.--A person whose application for 
        classification or adjustment of status under this subtitle is 
        denied after administrative appellate review under subsection 
        (a) may seek review of such denial, in accordance with chapter 
        7 of title 5, United States Code, before the United States 
        district court for the district in which the person resides.
            (2) Review after removal proceedings.--There shall be 
        judicial review in the Federal courts of appeal of the denial 
        of an application for classification or adjustment of status 
        under this subtitle in conjunction with judicial review of an 
        order of removal, deportation, or exclusion.
            (3) Standard for judicial review.--Judicial review of a 
        denial of an application under this subtitle shall be based 
        upon the administrative record established at the time of the 
        review, but the court may remand the case to the agency for 
        consideration of additional evidence where the court finds that 
        the evidence is material and there were reasonable grounds for 
        failure to adduce the evidence before the agency. 
        Notwithstanding any other provision of law, judicial review of 
        all questions arising from a denial of an application under 
        this subtitle shall be governed by the standard of review set 
        forth in chapter 7 of title 5, United States Code.
            (4) Remedial powers.--Notwithstanding any other provision 
        of law, the district courts of the United States shall have 
        jurisdiction over any cause or claim arising from a pattern or 
        practice of the Secretary of Homeland Security in the operation 
        or implementation of this subtitle that is arbitrary, 
        capricious, or otherwise contrary to law, and may order any 
        appropriate relief. The district courts may order any 
        appropriate relief in accordance with the preceding sentence 
        without regard to exhaustion, ripeness, or other standing 
        requirements (other than constitutionally-mandated 
        requirements), if the court determines that resolution of such 
        cause or claim will serve judicial and administrative 
        efficiency or that a remedy would otherwise not be reasonably 
        available or practicable.
    (c) Stay of Removal.--Aliens seeking administrative or judicial 
review under this section shall not be removed from the United States 
until a final decision is rendered establishing ineligibility under 
this subtitle.

SEC. 404. MANDATORY DISCLOSURE OF INFORMATION.

    (a) Mandatory Disclosure.--The Secretary and the Secretary of State 
shall provide a duly recognized law enforcement entity that submits a 
written request with the information furnished pursuant to an 
application filed under this subtitle, and any other information 
derived from such furnished information, in connection with a criminal 
investigation or prosecution, or a national security investigation or 
prosecution, of an individual suspect or group of suspects.
    (b) Limitations.--Except as otherwise provided under this section, 
no Federal agency, or any officer, employee, or agent of such agency, 
may--
            (1) use the information furnished by the applicant pursuant 
        to an application for benefits under this subtitle for any 
        purpose other than to make a determination on the application;
            (2) make any publication through which the information 
        furnished by any particular applicant can be identified; or
            (3) permit anyone other than the sworn officers and 
        employees of such agency to examine individual applications.
    (c) Construction.--Nothing under subsection (b) shall prevent an 
alien or an alien's attorney access to his or her application, case 
file, or information related to such application or adjudication 
thereof.
    (d) Criminal Penalty.--Any person who knowingly uses, publishes, or 
permits information to be examined in violation of this section shall 
be fined not more than $10,000.

SEC. 405. PENALTIES FOR FALSE STATEMENTS IN APPLICATIONS.

    (a) Criminal Penalty.--
            (1) Violation.--It shall be unlawful for any person--
                    (A) to file, or assist in filing, an application 
                for benefits under this subtitle; and
                            (i) to knowingly and willfully falsify, 
                        misrepresent, conceal, or cover up a material 
                        fact;
                            (ii) to make any false, fictitious, or 
                        fraudulent statements or representations; or
                            (iii) to make or use any false writing or 
                        document knowing the same to contain any false, 
                        fictitious, or fraudulent statement or entry; 
                        or
                    (B) to create or supply a false writing or document 
                for use in making such an application.
            (2) Penalty.--Any person who violates paragraph (1) shall 
        be fined in accordance with title 18, United States Code, 
        imprisoned not more than 5 years, or both.
    (b) Inadmissibility.--An alien who is convicted of violating 
subsection (a) shall be considered to be inadmissible to the United 
States on the ground described in section 212(a)(6)(C)(i) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)).
    (c) Exception.--Notwithstanding subsections (a) and (b), any alien 
or other entity (including an employer or union) that submits an 
employment record that contains incorrect data used by the alien to 
obtain such employment, shall not, on that ground, be determined to 
have violated this section.

SEC. 406. ALIENS NOT SUBJECT TO DIRECT NUMERICAL LIMITATIONS.

    Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by title III, 
is further amended--
            (1) in subparagraph (A), by striking ``subparagraph (A) or 
        (B) of''; and
            (2) by adding at the end the following:
                    ``(N) Aliens whose status is adjusted from that of 
                a conditional nonimmigrant or conditional nonimmigrant 
                dependent.''.

SEC. 407. EMPLOYER PROTECTIONS.

    (a) Immigration Status of Alien.--Employers of aliens applying for 
conditional nonimmigrant or conditional nonimmigrant dependent 
classification or adjustment of status under section 401 or 402 shall 
not be subject to civil and criminal tax liability relating directly to 
the employment of such alien before receiving employment authorization 
under this subtitle.
    (b) Provision of Employment Records.--Employers that provide 
unauthorized aliens with copies of employment records or other evidence 
of employment pursuant to an application for conditional nonimmigrant 
or conditional nonimmigrant dependent classification or adjustment of 
status under section 401 or 402 or any other application or petition 
pursuant to any other immigration law, shall not be subject to civil 
and criminal liability under section 274A of the Immigration and 
Nationality Act (8 U.S.C. 1324a) for employing such unauthorized 
aliens.
    (c) Applicability of Other Law.--Nothing in this section may be 
used to shield an employer from liability under section 274B of the 
Immigration and Nationality Act (8 U.S.C. 1324b) or any other labor or 
employment law.

SEC. 408. LIMITATIONS ON ELIGIBILITY.

    (a) In General.--An alien is not ineligible for any immigration 
benefit under any provision of this subtitle, or any amendment made by 
this subtitle, solely on the basis that the alien violated section 
1543, 1544, or 1546 of title 18, United States Code, or any amendment 
made by this Act, during the period beginning on the date of the 
enactment of this Act and ending on the date on which the alien applies 
for any benefits under this subtitle.
    (b) Prosecution.--An alien who violates section 1543, 1544, or 1546 
of such title, or any amendment made by this Act, during the period 
beginning on the date of the enactment of this Act and ending on the 
date that the alien applies for eligibility for such benefit may be 
prosecuted for the violation if the alien"s application for such 
benefit is denied.

SEC. 409. RULEMAKING.

    The Secretary shall promulgate regulations regarding the timely 
filing and processing of applications for benefits under this subtitle.

SEC. 410. CORRECTION OF SOCIAL SECURITY RECORDS.

    (a) In General.--Section 208(e)(1) of the Social Security Act (42 
U.S.C. 408(e)(1)) is amended--
            (1) in subparagraph (B)(ii), by striking ``or'' at the end;
            (2) in subparagraph (C), by inserting ``or'' at the end;
            (3) by inserting after subparagraph (C) the following:
                    ``(D) who is granted an adjustment of immigration 
                status pursuant to the CIR ASAP Act of 2009 or an 
                amendment made by that Act,''; and
            (4) by striking ``1990.'' and inserting ``1990, or in the 
        case of an alien described in subparagraph (D), if such conduct 
        is alleged to have occurred before the date on which the alien 
        was granted an adjustment of status described in such 
        subparagraph.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the first day of the seventh month that begins after the 
date of the enactment of this Act.

SEC. 411. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY FOR 
              PURPOSES OF HIGHER EDUCATION BENEFITS.

    (a) In General.--Section 505 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is repealed.
    (b) Effective Date.--The repeal under subsection (a) shall take 
effect as if included in the enactment of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (division C of Public 
Law 104-208; 110 Stat. 3009-546).

SEC. 412. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the 
Secretary such sums as may be necessary to carry out this subtitle and 
the amendments made by this subtitle.
    (b) Availability of Funds.--Funds appropriated pursuant to 
subsection (a) shall remain available until expended.
    (c) Sense of Congress.--It is the sense of Congress that funds 
authorized to be appropriated under subsection (a) should be directly 
appropriated so as to facilitate the orderly and timely commencement of 
the processing of applications filed under sections 401 and 402.

   Subtitle B--Agricultural Job Opportunities, Benefits, and Security

                    CHAPTER 1--TITLE AND DEFINITIONS

SEC. 421. SHORT TITLE.

    This subtitle may be cited as the ``Agricultural Job Opportunities, 
Benefits, and Security Act of 2009'' or the ``AgJOBS Act of 2009''.

SEC. 422. DEFINITIONS.

    In this Act:
            (1) Agricultural employment.--The term ``agricultural 
        employment'' means any service or activity that is considered 
        to be agricultural under section 3(f) of the Fair Labor 
        Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural labor 
        under section 3121(g) of the Internal Revenue Code of 1986 or 
        the performance of agricultural labor or services described in 
        section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality 
        Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)).
            (2) Blue card status.--The term ``blue card status'' means 
        the status of an alien who has been lawfully admitted into the 
        United States for temporary residence under section 101(a).
            (3) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (4) Employer.--The term ``employer'' means any person or 
        entity, including any farm labor contractor and any 
        agricultural association, that employs workers in agricultural 
        employment.
            (5) Secretary.--Except as otherwise provided, the term 
        ``Secretary'' means the Secretary of Homeland Security.
            (6) Work day.--The term ``work day'' means any day in which 
        the individual is employed 5.75 or more hours in agricultural 
        employment.

 CHAPTER 2--PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL 
                                WORKERS

                     Subchapter A--Blue Card Status

SEC. 431. REQUIREMENTS FOR BLUE CARD STATUS.

    (a) Requirement To Grant Blue Card Status.--Notwithstanding any 
other provision of law, the Secretary shall, pursuant to the 
requirements of this section, grant blue card status to an alien who 
qualifies under this section if the Secretary determines that the 
alien--
            (1) during the 24-month period ending on December 31, 
        2008--
                    (A) performed agricultural employment in the United 
                States for at least 863 hours or 150 work days; or
                    (B) earned at least $7,500 from agricultural 
                employment in the United States;
            (2) applied for such status during the 18-month application 
        period beginning on the first day of the seventh month that 
        begins after the date of enactment of this Act;
            (3) is otherwise admissible to the United States under 
        section 212 of the Immigration and Nationality Act (8 U.S.C. 
        1182), except as otherwise provided under section 105(b); and
            (4) has not been convicted of any felony or a misdemeanor, 
        an element of which involves bodily injury, threat of serious 
        bodily injury, or harm to property in excess of $500.
    (b) Authorized Travel.--An alien who is granted blue card status is 
authorized to travel outside the United States (including commuting to 
the United States from a residence in a foreign country) in the same 
manner as an alien lawfully admitted for permanent residence.
    (c) Authorized Employment.--The Secretary shall provide an alien 
who is granted blue card status an employment authorized endorsement or 
other appropriate work permit, in the same manner as an alien lawfully 
admitted for permanent residence.
    (d) Termination of Blue Card Status.--
            (1) Deportable aliens.--The Secretary shall terminate blue 
        card status granted to an alien if the Secretary determines 
        that the alien is deportable.
            (2) Other grounds for termination.--The Secretary shall 
        terminate blue card status granted to an alien if--
                    (A) the Secretary finds, by a preponderance of the 
                evidence, that the adjustment to blue card status was 
                the result of fraud or willful misrepresentation, as 
                described in section 212(a)(6)(C)(i) of the Immigration 
                and Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)); or
                    (B) the alien--
                            (i) commits an act that makes the alien 
                        inadmissible to the United States under section 
                        212 of the Immigration and Nationality Act (8 
                        U.S.C. 1182), except as provided under section 
                        105(b);
                            (ii) is convicted of a felony or 3 or more 
                        misdemeanors committed in the United States;
                            (iii) is convicted of an offense, an 
                        element of which involves bodily injury, threat 
                        of serious bodily injury, or harm to property 
                        in excess of $500; or
                            (iv) fails to perform the agricultural 
                        employment required under paragraph (1)(A) of 
                        section 103(a) unless the alien was unable to 
                        work in agricultural employment due to the 
                        extraordinary circumstances described in 
                        paragraph (3) of such section.
    (e) Record of Employment.--
            (1) In general.--Each employer of an alien granted blue 
        card status shall annually--
                    (A) provide a written record of employment to the 
                alien; and
                    (B) provide a copy of such record to the Secretary.
            (2) Civil penalties.--
                    (A) In general.--If the Secretary finds, after 
                notice and opportunity for a hearing, that an employer 
                of an alien granted blue card status has failed to 
                provide the record of employment required under 
                paragraph (1) or has provided a false statement of 
                material fact in such a record, the employer shall be 
                subject to a civil penalty in an amount not to exceed 
                $1,000 per violation.
                    (B) Limitation.--The penalty applicable under 
                subparagraph (A) for failure to provide records shall 
                not apply unless the alien has provided the employer 
                with evidence of employment authorization granted under 
                this section.
            (3) Sunset.--The obligation under paragraph (1) shall 
        terminate on the date that is 6 years after the date of the 
        enactment of this Act.
    (f) Required Features of Identity Card.--The Secretary shall 
provide each alien granted blue card status, and the spouse and any 
child of each such alien residing in the United States, with a card 
that contains--
            (1) an encrypted, machine-readable, electronic 
        identification strip that is unique to the alien to whom the 
        card is issued;
            (2) biometric identifiers, including fingerprints and a 
        digital photograph; and
            (3) physical security features designed to prevent 
        tampering, counterfeiting, or duplication of the card for 
        fraudulent purposes.
    (g) Fine.--An alien granted blue card status shall pay a fine of 
$100 to the Secretary.
    (h) Maximum Number.--The Secretary may not issue more than 
1,350,000 blue cards during the 5-year period beginning on the date of 
the enactment of this Act.

SEC. 432. TREATMENT OF ALIENS GRANTED BLUE CARD STATUS.

    (a) In General.--Except as otherwise provided under this section, 
an alien granted blue card status (including a spouse or child of the 
alien granted derivative status) shall be considered to be an alien 
lawfully admitted for permanent residence for purposes of any law other 
than any provision of the Immigration and Nationality Act (8 U.S.C. 
1101 et seq.).
    (b) Delayed Eligibility for Certain Federal Public Benefits.--
Except as otherwise provided in law, an alien granted blue card status 
shall not be eligible, by reason of such status, for any form of 
assistance or benefit described in section 403(a) of the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996 (8 
U.S.C. 1613(a)) until 5 years after the date on which the alien is 
granted an adjustment of status under section 103.

SEC. 433. ADJUSTMENT TO PERMANENT RESIDENCE.

    (a) In General.--Except as provided in subsection (b), the 
Secretary shall adjust the status of an alien granted blue card status 
to that of an alien lawfully admitted for permanent residence if the 
Secretary determines that the following requirements are satisfied:
            (1) Qualifying employment.--
                    (A) In general.--Subject to subparagraph (B), the 
                alien has performed at least--
                            (i) 5 years of agricultural employment in 
                        the United States for at least 100 work days 
                        per year, during the 5-year period beginning on 
                        the date of the enactment of this Act; or
                            (ii) 3 years of agricultural employment in 
                        the United States for at least 150 work days 
                        per year, during the 3-year period beginning on 
                        the date of the enactment of this Act.
                    (B) 4-year period of employment.--An alien shall be 
                considered to meet the requirements of subparagraph (A) 
                if the alien has performed 4 years of agricultural 
                employment in the United States for at least 150 work 
                days during 3 years of those 4 years and at least 100 
                work days during the remaining year, during the 4-year 
                period beginning on the date of the enactment of this 
                Act.
            (2) Proof.--An alien may demonstrate compliance with the 
        requirement under paragraph (1) by submitting--
                    (A) the record of employment described in section 
                101(e); or
                    (B) documentation that may be submitted under 
                section 104(c).
            (3) Extraordinary circumstances.--
                    (A) In general.--In determining whether an alien 
                has met the requirement of paragraph (1)(A), the 
                Secretary may credit the alien with not more than 12 
                additional months of agricultural employment in the 
                United States to meet such requirement if the alien was 
                unable to work in agricultural employment due to--
                            (i) pregnancy, injury, or disease, if the 
                        alien can establish such pregnancy, disabling 
                        injury, or disease through medical records;
                            (ii) illness, disease, or other special 
                        needs of a minor child, if the alien can 
                        establish such illness, disease, or special 
                        needs through medical records;
                            (iii) severe weather conditions that 
                        prevented the alien from engaging in 
                        agricultural employment for a significant 
                        period of time; or
                            (iv) termination from agricultural 
                        employment, if the Secretary finds that the 
                        termination was without just cause and that the 
                        alien was unable to find alternative 
                        agricultural employment after a reasonable job 
                        search.
                    (B) Effect of finding.--A finding made under 
                subparagraph (A)(iv), with respect to an alien, shall 
                not--
                            (i) be conclusive, binding, or admissible 
                        in a separate or subsequent judicial or 
                        administrative action or proceeding between the 
                        alien and a current or prior employer of the 
                        alien or any other party; or
                            (ii) subject the alien's employer to the 
                        payment of attorney fees incurred by the alien 
                        in seeking to obtain a finding under 
                        subparagraph (A)(iv).
            (4) Application period.--The alien applies for adjustment 
        of status not later than 7 years after the date of the 
        enactment of this Act.
            (5) Fine.--The alien pays a fine of $400 to the Secretary.
    (b) Grounds for Denial of Adjustment of Status.--The Secretary 
shall deny an alien granted blue card status an adjustment of status 
under this section if--
            (1) the Secretary finds, by a preponderance of the 
        evidence, that the adjustment to blue card status was the 
        result of fraud or willful misrepresentation, as described in 
        section 212(a)(6)(C)(i) of the Immigration and Nationality Act 
        (8 U.S.C. 1182(a)(6)(C)(i)); or
            (2) the alien--
                    (A) commits an act that makes the alien 
                inadmissible to the United States under section 212 of 
                the Immigration and Nationality Act (8 U.S.C. 1182), 
                except as provided under section 105(b);
                    (B) is convicted of a felony or 3 or more 
                misdemeanors committed in the United States;
                    (C) is convicted of an offense, an element of which 
                involves bodily injury, threat of serious bodily 
                injury, or harm to property in excess of $500; or
                    (D) failed to perform the agricultural employment 
                required under paragraph (1)(A) of subsection (a) 
                unless the alien was unable to work in agricultural 
                employment due to the extraordinary circumstances 
                described in paragraph (3) of such subsection.
    (c) Grounds for Removal.--Any alien granted blue card status who 
does not apply for adjustment of status under this section before the 
expiration of the application period described in subsection (a)(4) or 
who fails to meet the other requirements of subsection (a) by the end 
of the application period, is deportable and may be removed under 
section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).
    (d) Payment of Taxes.--
            (1) In general.--Not later than the date on which an 
        alien's status is adjusted under this section, the alien shall 
        establish that the alien does not owe any applicable Federal 
        tax liability by establishing that--
                    (A) no such tax liability exists;
                    (B) all such outstanding tax liabilities have been 
                paid; or
                    (C) the alien has entered into an agreement for 
                payment of all outstanding liabilities with the 
                Internal Revenue Service.
            (2) Applicable federal tax liability.--In paragraph (1) the 
        term ``applicable Federal tax liability'' means liability for 
        Federal taxes, including penalties and interest, owed for any 
        year during the period of employment required under subsection 
        (a)(1) for which the statutory period for assessment of any 
        deficiency for such taxes has not expired.
            (3) IRS cooperation.--The Secretary of the Treasury shall 
        establish rules and procedures under which the Commissioner of 
        Internal Revenue shall provide documentation to an alien upon 
        request to establish the payment of all taxes required by this 
        subsection.
    (e) Spouses and Minor Children.--
            (1) In general.--Notwithstanding any other provision of 
        law, the Secretary shall confer the status of lawful permanent 
        resident on the spouse and minor child of an alien granted any 
        adjustment of status under subsection (a), including any 
        individual who was a minor child on the date such alien was 
        granted blue card status, if the spouse or minor child applies 
        for such status, or if the principal alien includes the spouse 
        or minor child in an application for adjustment of status to 
        that of a lawful permanent resident.
            (2) Treatment of spouses and minor children.--
                    (A) Granting of status and removal.--The Secretary 
                shall grant derivative status to the alien spouse and 
                any minor child residing in the United States of an 
                alien granted blue card status and shall not remove 
                such derivative spouse or child during the period that 
                the alien granted blue card status maintains such 
                status, except as provided in paragraph (3). A grant of 
                derivative status to such a spouse or child under this 
                subparagraph shall not decrease the number of aliens 
                who may receive blue card status under subsection (h) 
                of section 101.
                    (B) Travel.--The derivative spouse and any minor 
                child of an alien granted blue card status may travel 
                outside the United States in the same manner as an 
                alien lawfully admitted for permanent residence.
                    (C) Employment.--The derivative spouse of an alien 
                granted blue card status may apply to the Secretary for 
                a work permit to authorize such spouse to engage in any 
                lawful employment in the United States while such alien 
                maintains blue card status.
            (3) Grounds for denial of adjustment of status and 
        removal.--The Secretary shall deny an alien spouse or child 
        adjustment of status under paragraph (1) and may remove such 
        spouse or child under section 240 of the Immigration and 
        Nationality Act (8 U.S.C. 1229a) if the spouse or child--
                    (A) commits an act that makes the alien spouse or 
                child inadmissible to the United States under section 
                212 of such Act (8 U.S.C. 1182), except as provided 
                under section 105(b);
                    (B) is convicted of a felony or 3 or more 
                misdemeanors committed in the United States; or
                    (C) is convicted of an offense, an element of which 
                involves bodily injury, threat of serious bodily 
                injury, or harm to property in excess of $500.

SEC. 434. APPLICATIONS.

    (a) Submission.--The Secretary shall provide that--
            (1) applications for blue card status may be submitted--
                    (A) to the Secretary if the applicant is 
                represented by an attorney or a nonprofit religious, 
                charitable, social service, or similar organization 
                recognized by the Board of Immigration Appeals under 
                section 292.2 of title 8, Code of Federal Regulations; 
                or
                    (B) to a qualified designated entity if the 
                applicant consents to the forwarding of the application 
                to the Secretary; and
            (2) applications for adjustment of status under section 103 
        shall be filed directly with the Secretary.
    (b) Qualified Designated Entity Defined.--In this section, the term 
``qualified designated entity'' means--
            (1) a qualified farm labor organization or an association 
        of employers designated by the Secretary; or
            (2) any such other person designated by the Secretary if 
        that Secretary determines such person is qualified and has 
        substantial experience, demonstrated competence, and has a 
        history of long-term involvement in the preparation and 
        submission of applications for adjustment of status under 
        section 209, 210, or 245 of the Immigration and Nationality Act 
        (8 U.S.C. 1159, 1160, and 1255), the Act entitled ``An Act to 
        adjust the status of Cuban refugees to that of lawful permanent 
        residents of the United States, and for other purposes'', 
        approved November 2, 1966 (Public Law 89-732; 8 U.S.C. 1255 
        note), Public Law 95-145 (8 U.S.C. 1255 note), or the 
        Immigration Reform and Control Act of 1986 (Public Law 99-603; 
        100 Stat. 3359) or any amendment made by that Act.
    (c) Proof of Eligibility.--
            (1) In general.--An alien may establish that the alien 
        meets the requirement of section 101(a)(1) or 103(a)(1) through 
        government employment records or records supplied by employers 
        or collective bargaining organizations, and other reliable 
        documentation as the alien may provide. The Secretary shall 
        establish special procedures to properly credit work in cases 
        in which an alien was employed under an assumed name.
            (2) Documentation of work history.--
                    (A) Burden of proof.--An alien applying for status 
                under section 101(a) or 103(a) has the burden of 
                proving by a preponderance of the evidence that the 
                alien has worked the requisite number of hours or days 
                required under section 101(a)(1) or 103(a)(1), as 
                applicable.
                    (B) Timely production of records.--If an employer 
                or farm labor contractor employing such an alien has 
                kept proper and adequate records respecting such 
                employment, the alien's burden of proof under 
                subparagraph (A) may be met by securing timely 
                production of those records under regulations to be 
                promulgated by the Secretary.
                    (C) Sufficient evidence.--An alien may meet the 
                burden of proof under subparagraph (A) to establish 
                that the alien has performed the days or hours of work 
                required by section 101(a)(1) or 103(a)(1) by producing 
                sufficient evidence to show the extent of that 
                employment as a matter of just and reasonable 
                inference.
    (d) Applications Submitted to Qualified Designated Entities.--
            (1) Requirements.--Each qualified designated entity shall 
        agree--
                    (A) to forward to the Secretary an application 
                submitted to that entity pursuant to subsection 
                (a)(1)(B) if the applicant has consented to such 
                forwarding;
                    (B) not to forward to the Secretary any such 
                application if the applicant has not consented to such 
                forwarding; and
                    (C) to assist an alien in obtaining documentation 
                of the alien's work history, if the alien requests such 
                assistance.
            (2) No authority to make determinations.--No qualified 
        designated entity may make a determination required by this 
        subtitle to be made by the Secretary.
    (e) Limitation on Access to Information.--Files and records 
collected or compiled by a qualified designated entity for the purposes 
of this section are confidential and the Secretary shall not have 
access to such a file or record relating to an alien without the 
consent of the alien, except as allowed by a court order issued 
pursuant to subsection (f).
    (f) Confidentiality of Information.--
            (1) In general.--Except as otherwise provided in this 
        section, the Secretary or any other official or employee of the 
        Department or a bureau or agency of the Department is 
        prohibited from--
                    (A) using information furnished by the applicant 
                pursuant to an application filed under this subtitle, 
                the information provided by an applicant to a qualified 
                designated entity, or any information provided by an 
                employer or former employer for any purpose other than 
                to make a determination on the application or for 
                imposing the penalties described in subsection (g);
                    (B) making any publication in which the information 
                furnished by any particular individual can be 
                identified; or
                    (C) permitting a person other than a sworn officer 
                or employee of the Department or a bureau or agency of 
                the Department or, with respect to applications filed 
                with a qualified designated entity, that qualified 
                designated entity, to examine individual applications.
            (2) Required disclosures.--The Secretary shall provide the 
        information furnished under this subtitle or any other 
        information derived from such furnished information to--
                    (A) a duly recognized law enforcement entity in 
                connection with a criminal investigation or 
                prosecution, if such information is requested in 
                writing by such entity; or
                    (B) an official coroner, for purposes of 
                affirmatively identifying a deceased individual, 
                whether or not the death of such individual resulted 
                from a crime.
            (3) Construction.--
                    (A) In general.--Nothing in this subsection shall 
                be construed to limit the use, or release, for 
                immigration enforcement purposes or law enforcement 
                purposes, of information contained in files or records 
                of the Department pertaining to an application filed 
                under this section, other than information furnished by 
                an applicant pursuant to the application, or any other 
                information derived from the application, that is not 
                available from any other source.
                    (B) Criminal convictions.--Notwithstanding any 
                other provision of this subsection, information 
                concerning whether the alien applying for blue card 
                status or an adjustment of status under section 103 has 
                been convicted of a crime at any time may be used or 
                released for immigration enforcement or law enforcement 
                purposes.
            (4) Crime.--Any person who knowingly uses, publishes, or 
        permits information to be examined in violation of this 
        subsection shall be subject to a fine in an amount not to 
        exceed $10,000.
    (g) Penalties for False Statements in Applications.--
            (1) Criminal penalty.--Any person who--
                    (A) files an application for blue card status or an 
                adjustment of status under section 103 and knowingly 
                and willfully falsifies, conceals, or covers up a 
                material fact or makes any false, fictitious, or 
                fraudulent statements or representations, or makes or 
                uses any false writing or document knowing the same to 
                contain any false, fictitious, or fraudulent statement 
                or entry; or
                    (B) creates or supplies a false writing or document 
                for use in making such an application,
        shall be fined in accordance with title 18, United States Code, 
        imprisoned not more than 5 years, or both.
            (2) Inadmissibility.--An alien who is convicted of a crime 
        under paragraph (1) shall be considered to be inadmissible to 
        the United States on the ground described in section 
        212(a)(6)(C)(i) of the Immigration and Nationality Act (8 
        U.S.C. 1182(a)(6)(C)(i)).
    (h) Eligibility for Legal Services.--Section 504(a)(11) of Public 
Law 104-134 (110 Stat. 1321-53 et seq.) shall not be construed to 
prevent a recipient of funds under the Legal Services Corporation Act 
(42 U.S.C. 2996 et seq.) from providing legal assistance directly 
related to an application for blue card status or an adjustment of 
status under section 103.
    (i) Application Fees.--
            (1) Fee schedule.--The Secretary shall provide for a 
        schedule of fees that--
                    (A) shall be charged for the filing of an 
                application for blue card status or for an adjustment 
                of status under section 103; and
                    (B) may be charged by qualified designated entities 
                to help defray the costs of services provided to such 
                applicants.
            (2) Prohibition on excess fees by qualified designated 
        entities.--A qualified designated entity may not charge any fee 
        in excess of, or in addition to, the fees authorized under 
        paragraph (1)(B) for services provided to applicants.
            (3) Disposition of fees.--
                    (A) In general.--There is established in the 
                general fund of the Treasury a separate account, which 
                shall be known as the ``Agricultural Worker Immigration 
                Status Adjustment Account''. Notwithstanding any other 
                provision of law, there shall be deposited as 
                offsetting receipts into the account all fees collected 
                under paragraph (1)(A).
                    (B) Use of fees for application processing.--
                Amounts deposited in the ``Agricultural Worker 
                Immigration Status Adjustment Account'' shall remain 
                available to the Secretary until expended for 
                processing applications for blue card status or an 
                adjustment of status under section 103.

SEC. 435. WAIVER OF NUMERICAL LIMITATIONS AND CERTAIN GROUNDS FOR 
              INADMISSIBILITY.

    (a) Numerical Limitations Do Not Apply.--The numerical limitations 
of sections 201 and 202 of the Immigration and Nationality Act (8 
U.S.C. 1151 and 1152) shall not apply to the adjustment of aliens to 
lawful permanent resident status under section 103.
    (b) Waiver of Certain Grounds of Inadmissibility.--In the 
determination of an alien's eligibility for status under section 101(a) 
or an alien's eligibility for adjustment of status under section 
103(b)(2)(A) the following rules shall apply:
            (1) Grounds of exclusion not applicable.--The provisions of 
        paragraphs (5), (6)(A), (7), and (9) of section 212(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not 
        apply.
            (2) Waiver of other grounds.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the Secretary may waive any other provision of 
                such section 212(a) in the case of individual aliens 
                for humanitarian purposes, to ensure family unity, or 
                if otherwise in the public interest.
                    (B) Grounds that may not be waived.--Subparagraphs 
                (A), (B), (C), (D), (G), (H), and (I) of paragraph (2) 
                and paragraphs (3) and (4) of such section 212(a) may 
                not be waived by the Secretary under subparagraph (A).
                    (C) Construction.--Nothing in this paragraph shall 
                be construed as affecting the authority of the 
                Secretary other than under this subparagraph to waive 
                provisions of such section 212(a).
            (3) Special rule for determination of public charge.--An 
        alien is not ineligible for blue card status or an adjustment 
        of status under section 103 by reason of a ground of 
        inadmissibility under section 212(a)(4) of the Immigration and 
        Nationality Act (8 U.S.C. 1182(a)(4)) if the alien demonstrates 
        a history of employment in the United States evidencing self-
        support without reliance on public cash assistance.
    (c) Temporary Stay of Removal and Work Authorization for Certain 
Applicants.--
            (1) Before application period.--Effective on the date of 
        enactment of this Act, the Secretary shall provide that, in the 
        case of an alien who is apprehended before the beginning of the 
        application period described in section 101(a)(2) and who can 
        establish a nonfrivolous case of eligibility for blue card 
        status (but for the fact that the alien may not apply for such 
        status until the beginning of such period), until the alien has 
        had the opportunity during the first 30 days of the application 
        period to complete the filing of an application for blue card 
        status, the alien--
                    (A) may not be removed; and
                    (B) shall be granted authorization to engage in 
                employment in the United States and be provided an 
                employment authorized endorsement or other appropriate 
                work permit for such purpose.
            (2) During application period.--The Secretary shall provide 
        that, in the case of an alien who presents a nonfrivolous 
        application for blue card status during the application period 
        described in section 101(a)(2), including an alien who files 
        such an application within 30 days of the alien's apprehension, 
        and until a final determination on the application has been 
        made in accordance with this section, the alien--
                    (A) may not be removed; and
                    (B) shall be granted authorization to engage in 
                employment in the United States and be provided an 
                employment authorized endorsement or other appropriate 
                work permit for such purpose.

SEC. 436. ADMINISTRATIVE AND JUDICIAL REVIEW.

    (a) In General.--There shall be no administrative or judicial 
review of a determination respecting an application for blue card 
status or adjustment of status under section 103 except in accordance 
with this section.
    (b) Administrative Review.--
            (1) Single level of administrative appellate review.--The 
        Secretary shall establish an appellate authority to provide for 
        a single level of administrative appellate review of such a 
        determination.
            (2) Standard for review.--Such administrative appellate 
        review shall be based solely upon the administrative record 
        established at the time of the determination on the application 
        and upon such additional or newly discovered evidence as may 
        not have been available at the time of the determination.
    (c) Judicial Review.--
            (1) Limitation to review of removal.--There shall be 
        judicial review of such a determination only in the judicial 
        review of an order of removal under section 242 of the 
        Immigration and Nationality Act (8 U.S.C. 1252).
            (2) Standard for judicial review.--Such judicial review 
        shall be based solely upon the administrative record 
        established at the time of the review by the appellate 
        authority and the findings of fact and determinations contained 
        in such record shall be conclusive unless the applicant can 
        establish abuse of discretion or that the findings are directly 
        contrary to clear and convincing facts contained in the record 
        considered as a whole.

SEC. 437. USE OF INFORMATION.

    Beginning not later than the first day of the application period 
described in section 101(a)(2), the Secretary, in cooperation with 
qualified designated entities (as that term is defined in section 
104(b)), shall broadly disseminate information respecting the benefits 
that aliens may receive under this subtitle and the requirements that 
an alien is required to meet to receive such benefits.

SEC. 438. REGULATIONS, EFFECTIVE DATE, AUTHORIZATION OF APPROPRIATIONS.

    (a) Regulations.--The Secretary shall issue regulations to 
implement this subtitle not later than the first day of the seventh 
month that begins after the date of enactment of this Act.
    (b) Effective Date.--This subtitle shall take effect on the date 
that regulations required by subsection (a) are issued, regardless of 
whether such regulations are issued on an interim basis or on any other 
basis.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as may be necessary to 
implement this subtitle, including any sums needed for costs associated 
with the initiation of such implementation, for fiscal years 2009 and 
2010.

          Subchapter B--Correction of Social Security Records

SEC. 441. CORRECTION OF SOCIAL SECURITY RECORDS.

    (a) In General.--Section 208(e)(1) of the Social Security Act (42 
U.S.C. 408(e)(1)) is amended--
            (1) in subparagraph (B)(ii), by striking ``or'' at the end;
            (2) in subparagraph (C), by inserting ``or'' at the end;
            (3) by inserting after subparagraph (C) the following:
            ``(D) who is granted blue card status under the 
        Agricultural Job Opportunities, Benefits, and Security Act of 
        2009''; and
            (4) by striking ``1990.'' and inserting ``1990, or in the 
        case of an alien described in subparagraph (D), if such conduct 
        is alleged to have occurred before the date on which the alien 
        was granted blue card status.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the first day of the seventh month that begins after the 
date of the enactment of this Act.

                CHAPTER 3--REFORM OF H-2A WORKER PROGRAM

SEC. 451. AMENDMENTS TO THE IMMIGRATION AND NATIONALITY ACT.

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

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

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

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

    ``(a) Preferential Treatment of Aliens Prohibited.--Employers 
seeking to hire United States workers shall offer the United States 
workers no less than the same benefits, wages, and working conditions 
that the employer is offering, intends to offer, or will provide to H-
2A workers. Conversely, no job offer may impose on United States 
workers any restrictions or obligations which will not be imposed on 
the employer's H-2A workers.
    ``(b) Minimum Benefits, Wages, and Working Conditions.--Except in 
cases where higher benefits, wages, or working conditions are required 
by the provisions of subsection (a), in order to protect similarly 
employed United States workers from adverse effects with respect to 
benefits, wages, and working conditions, every job offer which shall 
accompany an application under section 218(b)(2) shall include each of 
the following benefit, wage, and working condition provisions:
            ``(1) Requirement to provide housing or a housing 
        allowance.--
                    ``(A) In general.--An employer applying under 
                section 218(a) for H-2A workers shall offer to provide 
                housing at no cost to all workers in job opportunities 
                for which the employer has applied under that section 
                and to all other workers in the same occupation at the 
                place of employment, whose place of residence is beyond 
                normal commuting distance.
                    ``(B) Type of housing.--In complying with 
                subparagraph (A), an employer may, at the employer's 
                election, provide housing that meets applicable Federal 
                standards for temporary labor camps or secure housing 
                that meets applicable local standards for rental or 
                public accommodation housing or other substantially 
                similar class of habitation, or in the absence of 
                applicable local standards, State standards for rental 
                or public accommodation housing or other substantially 
                similar class of habitation. In the absence of 
                applicable local or State standards, Federal temporary 
                labor camp standards shall apply.
                    ``(C) Family housing.--If it is the prevailing 
                practice in the occupation and area of intended 
                employment to provide family housing, family housing 
                shall be provided to workers with families who request 
                it.
                    ``(D) Workers engaged in the range production of 
                livestock.--The Secretary of Labor shall issue 
                regulations that address the specific requirements for 
                the provision of housing to workers engaged in the 
                range production of livestock.
                    ``(E) Limitation.--Nothing in this paragraph shall 
                be construed to require an employer to provide or 
                secure housing for persons who were not entitled to 
                such housing under the temporary labor certification 
                regulations in effect on June 1, 1986.
                    ``(F) Charges for housing.--
                            ``(i) Charges for public housing.--If 
                        public housing provided for migrant 
                        agricultural workers under the auspices of a 
                        local, county, or State government is secured 
                        by an employer, and use of the public housing 
                        unit normally requires charges from migrant 
                        workers, such charges shall be paid by the 
                        employer directly to the appropriate individual 
                        or entity affiliated with the housing's 
                        management.
                            ``(ii) Deposit charges.--Charges in the 
                        form of deposits for bedding or other similar 
                        incidentals related to housing shall not be 
                        levied upon workers by employers who provide 
                        housing for their workers. An employer may 
                        require a worker found to have been responsible 
                        for damage to such housing which is not the 
                        result of normal wear and tear related to 
                        habitation to reimburse the employer for the 
                        reasonable cost of repair of such damage.
                    ``(G) Housing allowance as alternative.--
                            ``(i) In general.--If the requirement set 
                        out in clause (ii) is satisfied, the employer 
                        may provide a reasonable housing allowance 
                        instead of offering housing under subparagraph 
                        (A). Upon the request of a worker seeking 
                        assistance in locating housing, the employer 
                        shall make a good faith effort to assist the 
                        worker in identifying and locating housing in 
                        the area of intended employment. An employer 
                        who offers a housing allowance to a worker, or 
                        assists a worker in locating housing which the 
                        worker occupies, pursuant to this clause shall 
                        not be deemed a housing provider under section 
                        203 of the Migrant and Seasonal Agricultural 
                        Worker Protection Act (29 U.S.C. 1823) solely 
                        by virtue of providing such housing allowance. 
                        No housing allowance may be used for housing 
                        which is owned or controlled by the employer.
                            ``(ii) Certification.--The requirement of 
                        this clause is satisfied if the Governor of the 
                        State certifies to the Secretary of Labor that 
                        there is adequate housing available in the area 
                        of intended employment for migrant farm workers 
                        and H-2A workers who are seeking temporary 
                        housing while employed in agricultural work. 
                        Such certification shall expire after 3 years 
                        unless renewed by the Governor of the State.
                            ``(iii) Amount of allowance.--
                                    ``(I) Nonmetropolitan counties.--If 
                                the place of employment of the workers 
                                provided an allowance under this 
                                subparagraph is a nonmetropolitan 
                                county, the amount of the housing 
                                allowance under this subparagraph shall 
                                be equal to the statewide average fair 
                                market rental for existing housing for 
                                nonmetropolitan counties for the State, 
                                as established by the Secretary of 
                                Housing and Urban Development pursuant 
                                to section 8(c) of the United States 
                                Housing Act of 1937 (42 U.S.C. 
                                1437f(c)), based on a 2-bedroom 
                                dwelling unit and an assumption of 2 
                                persons per bedroom.
                                    ``(II) Metropolitan counties.--If 
                                the place of employment of the workers 
                                provided an allowance under this 
                                paragraph is in a metropolitan county, 
                                the amount of the housing allowance 
                                under this subparagraph shall be equal 
                                to the statewide average fair market 
                                rental for existing housing for 
                                metropolitan counties for the State, as 
                                established by the Secretary of Housing 
                                and Urban Development pursuant to 
                                section 8(c) of the United States 
                                Housing Act of 1937 (42 U.S.C. 
                                1437f(c)), based on a 2-bedroom 
                                dwelling unit and an assumption of 2 
                                persons per bedroom.
            ``(2) Reimbursement of transportation.--
                    ``(A) To place of employment.--A worker who 
                completes 50 percent of the period of employment of the 
                job opportunity for which the worker was hired shall be 
                reimbursed by the employer for the cost of the worker's 
                transportation and subsistence from the place from 
                which the worker came to work for the employer (or 
                place of last employment, if the worker traveled from 
                such place) to the place of employment.
                    ``(B) From place of employment.--A worker who 
                completes the period of employment for the job 
                opportunity involved shall be reimbursed by the 
                employer for the cost of the worker's transportation 
                and subsistence from the place of employment to the 
                place from which the worker, disregarding intervening 
                employment, came to work for the employer, or to the 
                place of next employment, if the worker has contracted 
                with a subsequent employer who has not agreed to 
                provide or pay for the worker's transportation and 
                subsistence to such subsequent employer's place of 
                employment.
                    ``(C) Limitation.--
                            ``(i) Amount of reimbursement.--Except as 
                        provided in clause (ii), the amount of 
                        reimbursement provided under subparagraph (A) 
                        or (B) to a worker or alien shall not exceed 
                        the lesser of--
                                    ``(I) the actual cost to the worker 
                                or alien of the transportation and 
                                subsistence involved; or
                                    ``(II) the most economical and 
                                reasonable common carrier 
                                transportation charges and subsistence 
                                costs for the distance involved.
                            ``(ii) Distance traveled.--No reimbursement 
                        under subparagraph (A) or (B) shall be required 
                        if the distance traveled is 100 miles or less, 
                        or the worker is not residing in employer-
                        provided housing or housing secured through an 
                        allowance as provided in paragraph (1)(G).
                    ``(D) Early termination.--If the worker is laid off 
                or employment is terminated for contract impossibility 
                (as described in paragraph (4)(D)) before the 
                anticipated ending date of employment, the employer 
                shall provide the transportation and subsistence 
                required by subparagraph (B) and, notwithstanding 
                whether the worker has completed 50 percent of the 
                period of employment, shall provide the transportation 
                reimbursement required by subparagraph (A).
                    ``(E) Transportation between living quarters and 
                worksite.--The employer shall provide transportation 
                between the worker's living quarters and the employer's 
                worksite without cost to the worker, and such 
                transportation will be in accordance with applicable 
                laws and regulations.
            ``(3) Required wages.--
                    ``(A) In general.--An employer applying for workers 
                under section 218(a) shall offer to pay, and shall pay, 
                all workers in the occupation for which the employer 
                has applied for workers, not less (and is not required 
                to pay more) than the greater of the prevailing wage in 
                the occupation in the area of intended employment or 
                the adverse effect wage rate. No worker shall be paid 
                less than the greater of the hourly wage prescribed 
                under section 6(a)(1) of the Fair Labor Standards Act 
                of 1938 (29 U.S.C. 206(a)(1)) or the applicable State 
                minimum wage.
                    ``(B) Limitation.--Effective on the date of the 
                enactment of the Agricultural Job Opportunities, 
                Benefits, and Security Act of 2009 and continuing for 3 
                years thereafter, no adverse effect wage rate for a 
                State may be more than the adverse effect wage rate for 
                that State in effect on January 1, 2009, as established 
                by section 655.107 of title 20, Code of Federal 
                Regulations.
                    ``(C) Required wages after 3-year freeze.--
                            ``(i) First adjustment.--If Congress does 
                        not set a new wage standard applicable to this 
                        section before the first March 1 that is not 
                        less than 3 years after the date of enactment 
                        of this section, the adverse effect wage rate 
                        for each State beginning on such March 1 shall 
                        be the wage rate that would have resulted if 
                        the adverse effect wage rate in effect on 
                        January 1, 2009, had been annually adjusted, 
                        beginning on March 1, 2012, by the lesser of--
                                    ``(I) the 12-month percentage 
                                change in the Consumer Price Index for 
                                All Urban Consumers between December of 
                                the second preceding year and December 
                                of the preceding year; and
                                    ``(II) 4 percent.
                            ``(ii) Subsequent annual adjustments.--
                        Beginning on the first March 1 that is not less 
                        than 4 years after the date of enactment of 
                        this section, and each March 1 thereafter, the 
                        adverse effect wage rate then in effect for 
                        each State shall be adjusted by the lesser of--
                                    ``(I) the 12-month percentage 
                                change in the Consumer Price Index for 
                                All Urban Consumers between December of 
                                the second preceding year and December 
                                of the preceding year; and
                                    ``(II) 4 percent.
                    ``(D) Deductions.--The employer shall make only 
                those deductions from the worker's wages that are 
                authorized by law or are reasonable and customary in 
                the occupation and area of employment. The job offer 
                shall specify all deductions not required by law which 
                the employer will make from the worker's wages.
                    ``(E) Frequency of pay.--The employer shall pay the 
                worker not less frequently than twice monthly, or in 
                accordance with the prevailing practice in the area of 
                employment, whichever is more frequent.
                    ``(F) Hours and earnings statements.--The employer 
                shall furnish to the worker, on or before each payday, 
                in 1 or more written statements--
                            ``(i) the worker's total earnings for the 
                        pay period;
                            ``(ii) the worker's hourly rate of pay, 
                        piece rate of pay, or both;
                            ``(iii) the hours of employment which have 
                        been offered to the worker (broken out by hours 
                        offered in accordance with and over and above 
                        the \3/4\ guarantee described in paragraph (4);
                            ``(iv) the hours actually worked by the 
                        worker;
                            ``(v) an itemization of the deductions made 
                        from the worker's wages; and
                            ``(vi) if piece rates of pay are used, the 
                        units produced daily.
                    ``(G) Report on wage protections.--Not later than 
                December 31, 2011, the Comptroller General of the 
                United States shall prepare and transmit to the 
                Secretary of Labor, the Committee on the Judiciary of 
                the Senate, and Committee on the Judiciary of the House 
                of Representatives, a report that addresses--
                            ``(i) whether the employment of H-2A or 
                        unauthorized aliens in the United States 
                        agricultural workforce has depressed United 
                        States farm worker wages below the levels that 
                        would otherwise have prevailed if alien farm 
                        workers had not been employed in the United 
                        States;
                            ``(ii) whether an adverse effect wage rate 
                        is necessary to prevent wages of United States 
                        farm workers in occupations in which H-2A 
                        workers are employed from falling below the 
                        wage levels that would have prevailed in the 
                        absence of the employment of H-2A workers in 
                        those occupations;
                            ``(iii) whether alternative wage standards, 
                        such as a prevailing wage standard, would be 
                        sufficient to prevent wages in occupations in 
                        which H-2A workers are employed from falling 
                        below the wage level that would have prevailed 
                        in the absence of H-2A employment;
                            ``(iv) whether any changes are warranted in 
                        the current methodologies for calculating the 
                        adverse effect wage rate and the prevailing 
                        wage; and
                            ``(v) recommendations for future wage 
                        protection under this section.
                    ``(H) Commission on wage standards.--
                            ``(i) Establishment.--There is established 
                        the Commission on Agricultural Wage Standards 
                        under the H-2A program (in this subparagraph 
                        referred to as the `Commission').
                            ``(ii) Composition.--The Commission shall 
                        consist of 10 members as follows:
                                    ``(I) Four representatives of 
                                agricultural employers and 1 
                                representative of the Department of 
                                Agriculture, each appointed by the 
                                Secretary of Agriculture.
                                    ``(II) Four representatives of 
                                agricultural workers and 1 
                                representative of the Department of 
                                Labor, each appointed by the Secretary 
                                of Labor.
                            ``(iii) Functions.--The Commission shall 
                        conduct a study that shall address--
                                    ``(I) whether the employment of H-
                                2A or unauthorized aliens in the United 
                                States agricultural workforce has 
                                depressed United States farm worker 
                                wages below the levels that would 
                                otherwise have prevailed if alien farm 
                                workers had not been employed in the 
                                United States;
                                    ``(II) whether an adverse effect 
                                wage rate is necessary to prevent wages 
                                of United States farm workers in 
                                occupations in which H-2A workers are 
                                employed from falling below the wage 
                                levels that would have prevailed in the 
                                absence of the employment of H-2A 
                                workers in those occupations;
                                    ``(III) whether alternative wage 
                                standards, such as a prevailing wage 
                                standard, would be sufficient to 
                                prevent wages in occupations in which 
                                H-2A workers are employed from falling 
                                below the wage level that would have 
                                prevailed in the absence of H-2A 
                                employment;
                                    ``(IV) whether any changes are 
                                warranted in the current methodologies 
                                for calculating the adverse effect wage 
                                rate and the prevailing wage rate; and
                                    ``(V) recommendations for future 
                                wage protection under this section.
                            ``(iv) Final report.--Not later than 
                        December 31, 2011, the Commission shall submit 
                        a report to the Congress setting forth the 
                        findings of the study conducted under clause 
                        (iii).
                            ``(v) Termination date.--The Commission 
                        shall terminate upon submitting its final 
                        report.
            ``(4) Guarantee of employment.--
                    ``(A) Offer to worker.--The employer shall 
                guarantee to offer the worker employment for the hourly 
                equivalent of at least \3/4\ of the work days of the 
                total period of employment, beginning with the first 
                work day after the arrival of the worker at the place 
                of employment and ending on the expiration date 
                specified in the job offer. For purposes of this 
                subparagraph, the hourly equivalent means the number of 
                hours in the work days as stated in the job offer and 
                shall exclude the worker's Sabbath and Federal 
                holidays. If the employer affords the United States or 
                H-2A worker less employment than that required under 
                this paragraph, the employer shall pay such worker the 
                amount which the worker would have earned had the 
                worker, in fact, worked for the guaranteed number of 
                hours.
                    ``(B) Failure to work.--Any hours which the worker 
                fails to work, up to a maximum of the number of hours 
                specified in the job offer for a work day, when the 
                worker has been offered an opportunity to do so, and 
                all hours of work actually performed (including 
                voluntary work in excess of the number of hours 
                specified in the job offer in a work day, on the 
                worker's Sabbath, or on Federal holidays) may be 
                counted by the employer in calculating whether the 
                period of guaranteed employment has been met.
                    ``(C) Abandonment of employment, termination for 
                cause.--If the worker voluntarily abandons employment 
                before the end of the contract period, or is terminated 
                for cause, the worker is not entitled to the `\3/4\ 
                guarantee' described in subparagraph (A).
                    ``(D) Contract impossibility.--If, before the 
                expiration of the period of employment specified in the 
                job offer, the services of the worker are no longer 
                required for reasons beyond the control of the employer 
                due to any form of natural disaster, including a flood, 
                hurricane, freeze, earthquake, fire, drought, plant or 
                animal disease or pest infestation, or regulatory 
                drought, before the guarantee in subparagraph (A) is 
                fulfilled, the employer may terminate the worker's 
                employment. In the event of such termination, the 
                employer shall fulfill the employment guarantee in 
                subparagraph (A) for the work days that have elapsed 
                from the first work day after the arrival of the worker 
                to the termination of employment. In such cases, the 
                employer will make efforts to transfer the United 
                States worker to other comparable employment acceptable 
                to the worker. If such transfer is not effected, the 
                employer shall provide the return transportation 
                required in paragraph (2)(D).
            ``(5) Motor vehicle safety.--
                    ``(A) Mode of transportation subject to coverage.--
                            ``(i) In general.--Except as provided in 
                        clauses (iii) and (iv), this subsection applies 
                        to any H-2A employer that uses or causes to be 
                        used any vehicle to transport an H-2A worker 
                        within the United States.
                            ``(ii) Defined term.--In this paragraph, 
                        the term `uses or causes to be used'--
                                    ``(I) applies only to 
                                transportation provided by an H-2A 
                                employer to an H-2A worker, or by a 
                                farm labor contractor to an H-2A worker 
                                at the request or direction of an H-2A 
                                employer; and
                                    ``(II) does not apply to--
                                            ``(aa) transportation 
                                        provided, or transportation 
                                        arrangements made, by an H-2A 
                                        worker, unless the employer 
                                        specifically requested or 
                                        arranged such transportation; 
                                        or
                                            ``(bb) car pooling 
                                        arrangements made by H-2A 
                                        workers themselves, using 1 of 
                                        the workers' own vehicles, 
                                        unless specifically requested 
                                        by the employer directly or 
                                        through a farm labor 
                                        contractor.
                            ``(iii) Clarification.--Providing a job 
                        offer to an H-2A worker that causes the worker 
                        to travel to or from the place of employment, 
                        or the payment or reimbursement of the 
                        transportation costs of an H-2A worker by an H-
                        2A employer, shall not constitute an 
                        arrangement of, or participation in, such 
                        transportation.
                            ``(iv) Agricultural machinery and equipment 
                        excluded.--This subsection does not apply to 
                        the transportation of an H-2A worker on a 
                        tractor, combine, harvester, picker, or other 
                        similar machinery or equipment while such 
                        worker is actually engaged in the planting, 
                        cultivating, or harvesting of agricultural 
                        commodities or the care of livestock or poultry 
                        or engaged in transportation incidental 
                        thereto.
                            ``(v) Common carriers excluded.--This 
                        subsection does not apply to common carrier 
                        motor vehicle transportation in which the 
                        provider holds itself out to the general public 
                        as engaging in the transportation of passengers 
                        for hire and holds a valid certification of 
                        authorization for such purposes from an 
                        appropriate Federal, State, or local agency.
                    ``(B) Applicability of standards, licensing, and 
                insurance requirements.--
                            ``(i) In general.--When using, or causing 
                        to be used, any vehicle for the purpose of 
                        providing transportation to which this 
                        subparagraph applies, each employer shall--
                                    ``(I) ensure that each such vehicle 
                                conforms to the standards prescribed by 
                                the Secretary of Labor under section 
                                401(b) of the Migrant and Seasonal 
                                Agricultural Worker Protection Act (29 
                                U.S.C. 1841(b)) and other applicable 
                                Federal and State safety standards;
                                    ``(II) ensure that each driver has 
                                a valid and appropriate license, as 
                                provided by State law, to operate the 
                                vehicle; and
                                    ``(III) have an insurance policy or 
                                a liability bond that is in effect 
                                which insures the employer against 
                                liability for damage to persons or 
                                property arising from the ownership, 
                                operation, or causing to be operated, 
                                of any vehicle used to transport any H-
                                2A worker.
                            ``(ii) Amount of insurance required.--The 
                        level of insurance required shall be determined 
                        by the Secretary of Labor pursuant to 
                        regulations to be issued under this subsection.
                            ``(iii) Effect of workers' compensation 
                        coverage.--If the employer of any H-2A worker 
                        provides workers' compensation coverage for 
                        such worker in the case of bodily injury or 
                        death as provided by State law, the following 
                        adjustments in the requirements of subparagraph 
                        (B)(i)(III) relating to having an insurance 
                        policy or liability bond apply:
                                    ``(I) No insurance policy or 
                                liability bond shall be required of the 
                                employer, if such workers are 
                                transported only under circumstances 
                                for which there is coverage under such 
                                State law.
                                    ``(II) An insurance policy or 
                                liability bond shall be required of the 
                                employer for circumstances under which 
                                coverage for the transportation of such 
                                workers is not provided under such 
                                State law.
    ``(c) Compliance With Labor Laws.--An employer shall assure that, 
except as otherwise provided in this section, the employer will comply 
with all applicable Federal, State, and local labor laws, including 
laws affecting migrant and seasonal agricultural workers, with respect 
to all United States workers and alien workers employed by the 
employer, except that a violation of this assurance shall not 
constitute a violation of the Migrant and Seasonal Agricultural Worker 
Protection Act (29 U.S.C. 1801 et seq.).
    ``(d) Copy of Job Offer.--The employer shall provide to the worker, 
not later than the day the work commences, a copy of the employer's 
application and job offer described in section 218(a), or, if the 
employer will require the worker to enter into a separate employment 
contract covering the employment in question, such separate employment 
contract.
    ``(e) Range Production of Livestock.--Nothing in this section, 
section 218, or section 218B shall preclude the Secretary of Labor and 
the Secretary from continuing to apply special procedures and 
requirements to the admission and employment of aliens in occupations 
involving the range production of livestock.

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

    ``(a) Petitioning for Admission.--An employer, or an association 
acting as an agent or joint employer for its members, that seeks the 
admission into the United States of an H-2A worker may file a petition 
with the Secretary. The petition shall be accompanied by an accepted 
and currently valid certification provided by the Secretary of Labor 
under section 218(e)(2)(B) covering the petitioner.
    ``(b) Expedited Adjudication by the Secretary.--The Secretary shall 
establish a procedure for expedited adjudication of petitions filed 
under subsection (a) and within 7 working days shall, by fax, cable, or 
other means assuring expedited delivery, transmit a copy of notice of 
action on the petition to the petitioner and, in the case of approved 
petitions, to the appropriate immigration officer at the port of entry 
or United States consulate (as the case may be) where the petitioner 
has indicated that the alien beneficiary (or beneficiaries) will apply 
for a visa or admission to the United States.
    ``(c) Criteria for Admissibility.--
            ``(1) In general.--An H-2A worker shall be considered 
        admissible to the United States if the alien is otherwise 
        admissible under this section, section 218, and section 218A, 
        and the alien is not ineligible under paragraph (2).
            ``(2) Disqualification.--An alien shall be considered 
        inadmissible to the United States and ineligible for 
        nonimmigrant status under section 101(a)(15)(H)(ii)(a) if the 
        alien has, at any time during the past 5 years--
                    ``(A) violated a material provision of this 
                section, including the requirement to promptly depart 
                the United States when the alien's authorized period of 
                admission under this section has expired; or
                    ``(B) otherwise violated a term or condition of 
                admission into the United States as a nonimmigrant, 
                including overstaying the period of authorized 
                admission as such a nonimmigrant.
            ``(3) Waiver of ineligibility for unlawful presence.--
                    ``(A) In general.--An alien who has not previously 
                been admitted into the United States pursuant to this 
                section, and who is otherwise eligible for admission in 
                accordance with paragraphs (1) and (2), shall not be 
                deemed inadmissible by virtue of section 212(a)(9)(B). 
                If an alien described in the preceding sentence is 
                present in the United States, the alien may apply from 
                abroad for H-2A status, but may not be granted that 
                status in the United States.
                    ``(B) Maintenance of waiver.--An alien provided an 
                initial waiver of ineligibility pursuant to 
                subparagraph (A) shall remain eligible for such waiver 
                unless the alien violates the terms of this section or 
                again becomes ineligible under section 212(a)(9)(B) by 
                virtue of unlawful presence in the United States after 
                the date of the initial waiver of ineligibility 
                pursuant to subparagraph (A).
    ``(d) Period of Admission.--
            ``(1) In general.--The alien shall be admitted for the 
        period of employment in the application certified by the 
        Secretary of Labor pursuant to section 218(e)(2)(B), not to 
        exceed 10 months, supplemented by a period of not more than 1 
        week before the beginning of the period of employment for the 
        purpose of travel to the worksite and a period of 14 days 
        following the period of employment for the purpose of departure 
        or extension based on a subsequent offer of employment, except 
        that--
                    ``(A) the alien is not authorized to be employed 
                during such 14-day period except in the employment for 
                which the alien was previously authorized; and
                    ``(B) the total period of employment, including 
                such 14-day period, may not exceed 10 months.
            ``(2) Construction.--Nothing in this subsection shall limit 
        the authority of the Secretary to extend the stay of the alien 
        under any other provision of this Act.
    ``(e) Abandonment of Employment.--
            ``(1) In general.--An alien admitted or provided status 
        under section 101(a)(15)(H)(ii)(a) who abandons the employment 
        which was the basis for such admission or status shall be 
        considered to have failed to maintain nonimmigrant status as an 
        H-2A worker and shall depart the United States or be subject to 
        removal under section 237(a)(1)(C)(i).
            ``(2) Report by employer.--The employer, or association 
        acting as agent for the employer, shall notify the Secretary 
        not later than 7 days after an H-2A worker prematurely abandons 
        employment.
            ``(3) Removal by the secretary.--The Secretary shall 
        promptly remove from the United States any H-2A worker who 
        violates any term or condition of the worker's nonimmigrant 
        status.
            ``(4) Voluntary termination.--Notwithstanding paragraph 
        (1), an alien may voluntarily terminate his or her employment 
        if the alien promptly departs the United States upon 
        termination of such employment.
    ``(f) Replacement of Alien.--
            ``(1) In general.--Upon presentation of the notice to the 
        Secretary required by subsection (e)(2), the Secretary of State 
        shall promptly issue a visa to, and the Secretary shall admit 
        into the United States, an eligible alien designated by the 
        employer to replace an H-2A worker--
                    ``(A) who abandons or prematurely terminates 
                employment; or
                    ``(B) whose employment is terminated after a United 
                States worker is employed pursuant to section 
                218(b)(2)(H)(iii), if the United States worker 
                voluntarily departs before the end of the period of 
                intended employment or if the employment termination is 
                for a lawful job-related reason.
            ``(2) Construction.--Nothing in this subsection is intended 
        to limit any preference required to be accorded United States 
        workers under any other provision of this Act.
    ``(g) Identification Document.--
            ``(1) In general.--Each alien authorized to be admitted 
        under section 101(a)(15)(H)(ii)(a) shall be provided an 
        identification and employment eligibility document to verify 
        eligibility for employment in the United States and verify the 
        alien's identity.
            ``(2) Requirements.--No identification and employment 
        eligibility document may be issued which does not meet the 
        following requirements:
                    ``(A) The document shall be capable of reliably 
                determining whether--
                            ``(i) the individual with the 
                        identification and employment eligibility 
                        document whose eligibility is being verified is 
                        in fact eligible for employment;
                            ``(ii) the individual whose eligibility is 
                        being verified is claiming the identity of 
                        another person; and
                            ``(iii) the individual whose eligibility is 
                        being verified is authorized to be admitted 
                        into, and employed in, the United States as an 
                        H-2A worker.
                    ``(B) The document shall be in a form that is 
                resistant to counterfeiting and to tampering.
                    ``(C) The document shall--
                            ``(i) be compatible with other databases of 
                        the Secretary for the purpose of excluding 
                        aliens from benefits for which they are not 
                        eligible and determining whether the alien is 
                        unlawfully present in the United States; and
                            ``(ii) be compatible with law enforcement 
                        databases to determine if the alien has been 
                        convicted of criminal offenses.
    ``(h) Extension of Stay of H-2A Aliens in the United States.--
            ``(1) Extension of stay.--If an employer seeks approval to 
        employ an H-2A alien who is lawfully present in the United 
        States, the petition filed by the employer or an association 
        pursuant to subsection (a), shall request an extension of the 
        alien's stay and a change in the alien's employment.
            ``(2) Limitation on filing a petition for extension of 
        stay.--A petition may not be filed for an extension of an 
        alien's stay--
                    ``(A) for a period of more than 10 months; or
                    ``(B) to a date that is more than 3 years after the 
                date of the alien's last admission to the United States 
                under this section.
            ``(3) Work authorization upon filing a petition for 
        extension of stay.--
                    ``(A) In general.--An alien who is lawfully present 
                in the United States may commence the employment 
                described in a petition under paragraph (1) on the date 
                on which the petition is filed.
                    ``(B) Definition.--For purposes of subparagraph 
                (A), the term `file' means sending the petition by 
                certified mail via the United States Postal Service, 
                return receipt requested, or delivered by guaranteed 
                commercial delivery which will provide the employer 
                with a documented acknowledgment of the date of receipt 
                of the petition.
                    ``(C) Handling of petition.--The employer shall 
                provide a copy of the employer's petition to the alien, 
                who shall keep the petition with the alien's 
                identification and employment eligibility document as 
                evidence that the petition has been filed and that the 
                alien is authorized to work in the United States.
                    ``(D) Approval of petition.--Upon approval of a 
                petition for an extension of stay or change in the 
                alien's authorized employment, the Secretary shall 
                provide a new or updated employment eligibility 
                document to the alien indicating the new validity date, 
                after which the alien is not required to retain a copy 
                of the petition.
            ``(4) Limitation on employment authorization of aliens 
        without valid identification and employment eligibility 
        document.--An expired identification and employment eligibility 
        document, together with a copy of a petition for extension of 
        stay or change in the alien's authorized employment that 
        complies with the requirements of paragraph (1), shall 
        constitute a valid work authorization document for a period of 
        not more than 60 days beginning on the date on which such 
        petition is filed, after which time only a currently valid 
        identification and employment eligibility document shall be 
        acceptable.
            ``(5) Limitation on an individual's stay in status.--
                    ``(A) Maximum period.--The maximum continuous 
                period of authorized status as an H-2A worker 
                (including any extensions) is 3 years.
                    ``(B) Requirement to remain outside the united 
                states.--
                            ``(i) In general.--Subject to clause (ii), 
                        in the case of an alien outside the United 
                        States whose period of authorized status as an 
                        H-2A worker (including any extensions) has 
                        expired, the alien may not again apply for 
                        admission to the United States as an H-2A 
                        worker unless the alien has remained outside 
                        the United States for a continuous period equal 
                        to at least \1/5\ the duration of the alien's 
                        previous period of authorized status as an H-2A 
                        worker (including any extensions).
                            ``(ii) Exception.--Clause (i) shall not 
                        apply in the case of an alien if the alien's 
                        period of authorized status as an H-2A worker 
                        (including any extensions) was for a period of 
                        not more than 10 months and such alien has been 
                        outside the United States for at least 2 months 
                        during the 12 months preceding the date the 
                        alien again is applying for admission to the 
                        United States as an H-2A worker.
    ``(i) Special Rules for Aliens Employed as Sheepherders, Goat 
Herders, or Dairy Workers.--Notwithstanding any provision of the 
Agricultural Job Opportunities, Benefits, and Security Act of 2009, an 
alien admitted under section 101(a)(15)(H)(ii)(a) for employment as a 
sheepherder, goat herder, or dairy worker--
            ``(1) may be admitted for an initial period of 12 months;
            ``(2) subject to subsection (j)(5), may have such initial 
        period of admission extended for a period of up to 3 years; and
            ``(3) shall not be subject to the requirements of 
        subsection (h)(5) (relating to periods of absence from the 
        United States).
    ``(j) Adjustment to Lawful Permanent Resident Status for Aliens 
Employed as Sheepherders, Goat Herders, or Dairy Workers.--
            ``(1) Eligible alien.--For purposes of this subsection, the 
        term `eligible alien' means an alien--
                    ``(A) having nonimmigrant status under section 
                101(a)(15)(H)(ii)(a) based on employment as a 
                sheepherder, goat herder, or dairy worker;
                    ``(B) who has maintained such nonimmigrant status 
                in the United States for a cumulative total of 36 
                months (excluding any period of absence from the United 
                States); and
                    ``(C) who is seeking to receive an immigrant visa 
                under section 203(b)(3)(A)(iii).
            ``(2) Classification petition.--In the case of an eligible 
        alien, the petition under section 204 for classification under 
        section 203(b)(3)(A)(iii) may be filed by--
                    ``(A) the alien's employer on behalf of the 
                eligible alien; or
                    ``(B) the eligible alien.
            ``(3) No labor certification required.--Notwithstanding 
        section 203(b)(3)(C), no determination under section 
        212(a)(5)(A) is required with respect to an immigrant visa 
        described in paragraph (1)(C) for an eligible alien.
            ``(4) Effect of petition.--The filing of a petition 
        described in paragraph (2) or an application for adjustment of 
        status based on the approval of such a petition shall not 
        constitute evidence of an alien's ineligibility for 
        nonimmigrant status under section 101(a)(15)(H)(ii)(a).
            ``(5) Extension of stay.--The Secretary shall extend the 
        stay of an eligible alien having a pending or approved 
        classification petition described in paragraph (2) in 1-year 
        increments until a final determination is made on the alien's 
        eligibility for adjustment of status to that of an alien 
        lawfully admitted for permanent residence.
            ``(6) Construction.--Nothing in this subsection shall be 
        construed to prevent an eligible alien from seeking adjustment 
        of status in accordance with any other provision of law.

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

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

``SEC. 218D. DEFINITIONS.

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

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

                  CHAPTER 4--MISCELLANEOUS PROVISIONS

SEC. 461. DETERMINATION AND USE OF USER FEES.

    (a) Schedule of Fees.--The Secretary shall establish and 
periodically adjust a schedule of fees for the employment of aliens 
pursuant to the amendment made by section 451(a) of this Act and a 
collection process for such fees from employers. Such fees shall be the 
only fees chargeable to employers for services provided under such 
amendment.
    (b) Determination of Schedule.--
            (1) In general.--The schedule under subsection (a) shall 
        reflect a fee rate based on the number of job opportunities 
        indicated in the employer's application under section 218 of 
        the Immigration and Nationality Act, as amended by section 451 
        of this Act, and sufficient to provide for the direct costs of 
        providing services related to an employer's authorization to 
        employ aliens pursuant to the amendment made by section 451(a) 
        of this Act, to include the certification of eligible 
        employers, the issuance of documentation, and the admission of 
        eligible aliens.
            (2) Procedure.--
                    (A) In general.--In establishing and adjusting such 
                a schedule, the Secretary shall comply with Federal 
                cost accounting and fee setting standards.
                    (B) Publication and comment.--The Secretary shall 
                publish in the Federal Register an initial fee schedule 
                and associated collection process and the cost data or 
                estimates upon which such fee schedule is based, and 
                any subsequent amendments thereto, pursuant to which 
                public comment shall be sought and a final rule issued.
    (c) Use of Proceeds.--Notwithstanding any other provision of law, 
all proceeds resulting from the payment of the fees pursuant to the 
amendment made by section 451(a) of this Act shall be available without 
further appropriation and shall remain available without fiscal year 
limitation to reimburse the Secretary, the Secretary of State, and the 
Secretary of Labor for the costs of carrying out--
            (1) sections 218 and 218B of the Immigration and 
        Nationality Act, as amended and added, respectively, by section 
        451 of this Act; and
            (2) the provisions of this Act.

SEC. 462. REGULATIONS.

    (a) Requirement for the Secretary To Consult.--The Secretary shall 
consult with the Secretary of Labor and the Secretary of Agriculture 
during the promulgation of all regulations to implement the duties of 
the Secretary under this Act and the amendments made by this Act.
    (b) Requirement for the Secretary of State To Consult.--The 
Secretary of State shall consult with the Secretary, the Secretary of 
Labor, and the Secretary of Agriculture on all regulations to implement 
the duties of the Secretary of State under this Act and the amendments 
made by this Act.
    (c) Requirement for the Secretary of Labor To Consult.--The 
Secretary of Labor shall consult with the Secretary of Agriculture and 
the Secretary on all regulations to implement the duties of the 
Secretary of Labor under this Act and the amendments made by this Act.
    (d) Deadline for Issuance of Regulations.--All regulations to 
implement the duties of the Secretary, the Secretary of State, and the 
Secretary of Labor created under sections 218, 218A, 218B, 218C, and 
218D of the Immigration and Nationality Act, as amended or added by 
section 451 of this Act, shall take effect on the effective date of 
section 451 and shall be issued not later than 1 year after the date of 
enactment of this Act.

SEC. 463. REPORTS TO CONGRESS.

    (a) Annual Report.--Not later than September 30 of each year, the 
Secretary shall submit a report to Congress that identifies, for the 
previous year--
            (1) the number of job opportunities approved for employment 
        of aliens admitted under section 101(a)(15)(H)(ii)(a) of the 
        Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(H)(ii)(a)), and the number of workers actually 
        admitted, disaggregated by State and by occupation;
            (2) the number of such aliens reported to have abandoned 
        employment pursuant to subsection (e)(2) of section 218B of 
        such Act, as added by section 451;
            (3) the number of such aliens who departed the United 
        States within the period specified in subsection (d) of such 
        section 218B;
            (4) the number of aliens who applied for blue card status 
        pursuant to section 431(a);
            (5) the number of aliens who were granted such status 
        pursuant section 431(a);
            (6) the number of aliens who applied for an adjustment of 
        status pursuant to section 433(a); and
            (7) the number of aliens who received an adjustment of 
        status pursuant section 433(a).
    (b) Implementation Report.--Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall prepare and submit to 
Congress a report that describes the measures being taken and the 
progress made in implementing this Act.

SEC. 464. EFFECTIVE DATE.

    The amendments made by section 451 and section 461 shall take 
effect 1 year after the date of the enactment of this Act.

         TITLE V--STRENGTHENING THE U.S. ECONOMY AND WORKFORCE

                   Subtitle A--Immigration and Labor

                CHAPTER 1--IMMIGRATION AND LABOR MARKETS

SEC. 501. COMMISSION ON IMMIGRATION AND LABOR MARKETS.

     (a) Establishment of Commission.--
            (1) In general.--There is established a permanent, 
        independent, Federal agency within the Executive Branch of the 
        United States to be known as the Commission on Immigration and 
        Labor Markets (referred to in this section as ``Commission'').
            (2) Purposes.--Through objective, thorough, accurate and 
        nonpartisan review and analysis, the purposes of the Commission 
        are to--
                    (A) establish employment-based immigration policies 
                that promote America's economic growth and 
                competitiveness while minimizing job displacement, wage 
                depression and unauthorized employment in the United 
                States;
                    (B) create and implement a policy-focused research 
                agenda on the economic impacts of immigration at the 
                national, regional, state, industry and occupation 
                levels;
                    (C) collect and analyze information about 
                employment-based immigration and the labor market and 
                share the data and analysis with lawmakers, researchers 
                and the American public;
                    (D) recommend to the Congress and the President on 
                a regular basis an evidence-based methodology for 
                determining the level of employment-based immigration; 
                and
                    (E) recommend to Congress and the President the 
                numeric levels and characteristics of workers to be 
                admitted in various employment-based visa categories.
            (3) Membership.--The Commission shall be composed of--
                    (A) 7 voting members--
                            (i) who shall be appointed by the 
                        President, with the advice and consent of the 
                        Senate, no later than 6 months after the date 
                        of the enactment of this Act;
                            (ii) who shall serve for 5-year staggered 
                        terms;
                            (iii) one of whom the President shall 
                        appoint as Chair of the commission to serve a 
                        6-year term, which can be extended for 1 
                        additional 3-year term;
                            (iv) who shall have expertise in economics, 
                        demography, sociology, labor, business, civil 
                        rights, immigration or other pertinent 
                        qualifications or experience; and
                            (v) not more than 4 of whom may be members 
                        of the same political party; and
                    (B) 8 ex-officio members, including--
                            (i) the Secretary;
                            (ii) the Secretary of State;
                            (iii) the Attorney General;
                            (iv) the Secretary of Labor;
                            (v) the Secretary of Commerce
                            (vi) the Secretary of Health and Human 
                        Services;
                            (vii) the Secretary of Agriculture; and
                            (viii) The Commissioner of Social Security.
            (4) Vacancies.--Any vacancy in the Commission shall be 
        filled in the same manner as the original appointment.
            (5) Meetings.--
                    (A) Initial meeting.--The Commission shall meet and 
                begin carrying out the duties described in subsection 
                (b) as soon as practicable.
                    (B) Subsequent meetings.--After its initial 
                meeting, the Commission shall meet upon the call of the 
                Chair or a majority of its members.
                    (C) Quorum.--Five voting members of the Commission 
                shall constitute a quorum.
    (b) Duties of the Commission.--The Commission shall--
            (1) collect, analyze and publish data regarding--
                    (A) the historic migration patterns to and from the 
                United States and demographic trends, including the 
                birth rate, education levels, and age profiles of the 
                immigrant and native population of the United States;
                    (B) the impact of employment-based immigration--
                            (i) at the national, regional, state and 
                        local levels;
                            (ii) within industries and business 
                        sectors;
                            (iii) on occupations and occupational 
                        levels;
                            (iv) on small business; and
                            (v) on employment and unemployment levels;
                    (C) the current and anticipated needs of employers 
                for skilled and unskilled labor;
                    (D) the current and anticipated supply of skilled 
                and unskilled labor;
                    (E) the impact of employment-based immigration on 
                the economic growth and competitiveness and labor 
                standards, conditions, and wages;
                    (F) the extent and impact of unauthorized 
                employment in the United States;
                    (G) the factors that determine the economic success 
                of immigrants to the United States; and
                    (H) any other matters regarding the impact of 
                employment-based immigration that the Commission 
                considers appropriate;
            (2) after soliciting and reviewing input from the public, 
        develop and publish in the federal register a plan for the 
        performance of its duties, including a description of the 
        methodologies it will employ to measure the need for immigrant 
        workers or nonimmigrant foreign workers in different regions, 
        states, industries and occupations;
            (3) submit to the Congress, according to the procedures in 
        subsection (c), the methodologies it proposes to use to 
        determine the need for immigrant workers and nonimmigrant 
        foreign workers;
            (4) submit to the Congress, according to the procedures in 
        subsection (c), any amendments which the Commission deems 
        appropriate to the numeric levels of visas established by the 
        Immigration and Nationality Act for temporary or permanent 
        employment;
            (5) annually thereafter, submit a report to the President 
        and Congress that--
                    (A) contains any amendments to the numeric levels 
                set according to the procedures in subsection (c)(2), 
                which shall take effect in the same manner described 
                therein unless disapproved by the passage of a 
                resolution in Congress; and
                    (B) makes other recommendations regarding 
                employment-based visas or immigration, including 
                legislative or administrative action, that the 
                Commission determines to be in the national interest; 
                and
            (6) establish collaborative relationships with 
        international organizations and agencies in countries of origin 
        to encourage the deposit of remittances with financial 
        institutions that will reinvest the remittances received from 
        the United States to promote job development in those countries 
        of origin that have sent immigrants to the United States.
    (c) Procedures to Determine Appropriate Level of Employment Based 
Immigration for Temporary or Permanent Employment.--
            (1) Methodology.--Not later than 12 months after Congress 
        appropriates funds for its operation, the Commission shall 
        submit to Congress the methodologies it proposes to use to 
        determine the need for immigrant workers and nonimmigrant 
        foreign workers. Congress shall have 90 days to enact a 
        resolution of disapproval. In the absence of such action, the 
        methodologies shall stand approved.
            (2) Initial determination of numeric levels.--At the 
        beginning of the first regular session of Congress after the 
        methodologies in paragraph (1) have been approved, but not 
        later than the first day of April, the Commission shall submit 
        to Congress the numeric levels of visas it recommends, by 
        majority vote, to be made available for temporary or permanent 
        employment under the Immigration and Nationality Act and a 
        statement of the reasons therefore. Congress shall have 90 days 
        to enact a resolution of disapproval. In absence of such 
        action, the numeric levels shall stand approved and be 
        implemented at the start of the next fiscal year.
            (3) Annual determinations.--Once the initial determination 
        of numeric levels is established, the Commission shall annually 
        thereafter submit to Congress any increase or decrease in 
        numeric levels of employment based immigration it recommends by 
        majority vote, which shall be disapproved by Congress in the 
        same manner as in clause (2), or stand approved for the next 
        fiscal year.
    (d) Powers of the Commission.--
            (1) The Commission, by vote of a majority of the members 
        present and voting, shall have the power to--
                    (A) establish general policies and promulgate such 
                rules and regulations for the Commission as are 
                necessary to carry out the purposes of this section;
                    (B) appoint and fix the salary and duties of the 
                Staff Director of the Commission, who shall serve at 
                the discretion of the Commission and who shall be 
                compensated at a rate not to exceed the highest rate 
                now or hereafter prescribed for Level 6 of the Senior 
                Executive Service Schedule (5 U.S.C. 5382), and such 
                other personnel as may be necessary to enable the 
                Commission to carry out its functions;
                    (C) deny, revise, or ratify any request for 
                regular, supplemental, or deficiency appropriations 
                prior to any submission of such request to the Office 
                of Management and Budget by the Chair;
                    (D) utilize, with their consent, the services, 
                equipment, personnel, information, and facilities of 
                other Federal, State, local, and private agencies and 
                instrumentalities with or without reimbursement 
                therefor;
                    (E) without regard to section 3324 of title 31, 
                United States Code, enter into and perform such 
                contracts, leases, cooperative agreements, and other 
                transactions as may be necessary in the conduct of the 
                functions of the Commission, with any public agency, or 
                with any person, firm, association, corporation, 
                educational institution, or nonprofit organization;
                    (F) accept and employ, in carrying out the 
                provisions of this title, voluntary and uncompensated 
                services, notwithstanding the provisions of section 
                1342 of title 31, United States Code, however, 
                individuals providing such services shall not be 
                considered Federal employees except for purposes of 
                chapter 81 of title 5, United States Code, with respect 
                to job-incurred disability and title 28, United States 
                Code, with respect to tort claims;
                    (G) request such information, data, and reports 
                from any Federal agency as the Commission may from time 
                to time require and as may be produced consistent with 
                other law;
                    (H) arrange with the head of any other Federal 
                agency for the performance by such agency of any 
                function of the Commission, with or without 
                reimbursement;
                    (I) establish a research and development program 
                within the Commission for the purpose of understanding 
                and documenting the effects of immigration and the 
                temporary admission of foreign workers on the labor 
                market and national competitiveness;
                    (J) collect systematically the data obtained from 
                studies, research, and the empirical experience of 
                public and private agencies concerning the need for and 
                effects of employment-based immigration and the 
                admission of nonimmigrant workers;
                    (K) interview and confer with state and local 
                officials, representatives of labor and industry, and 
                experts in academia to obtain information about the 
                need for or benefit of additional immigrant or 
                nonimmigrant workers;
                    (L) make recommendations to Congress concerning 
                modification or enactment of statutes relating to 
                matters that the Commission finds to be necessary and 
                advisable to carry out an effective employment-based 
                immigration policy;
                    (M) hold hearings and call witnesses to assist the 
                Commission in the exercise of its powers or duties;
                    (N) retain and, in its discretion pay reasonable 
                attorneys' fees out if its appropriated funds to, 
                private attorneys who--
                            (i) shall provide legal advice to the 
                        Commission in the conduct of its work, or to 
                        appear for or represent the Commission in any 
                        case in which the Commission is authorized by 
                        law to represent itself, or in which the 
                        Commission is representing itself with the 
                        consent of the Department of Justice; and
                            (ii) when serving as officers or employees 
                        of the United States, shall be considered 
                        special government employees as defined in 
                        section 202(a) of title 18; and
                    (O) grant incentive awards to its employees 
                pursuant to chapter 45 of title 5, United States Code.
            (2) The Commission shall have such other powers and duties 
        and shall perform such other functions as may be necessary to 
        carry out the purposes of this section, and may delegate to any 
        member or designated person such powers as may be appropriate.
    (e) Information and Assistance From Federal Agencies.--
            (1) Information.--The head of any Federal department or 
        agency that receives a request from the Commission for 
        information, including suggestions, estimates, and statistics, 
        as the Commission considers necessary to carry out the 
        provisions of this section, shall furnish such information to 
        the Commission, to the extent allowed by law.
            (2) Assistance.--
                    (A) General services administration.--The 
                Administrator of General Services shall, on a 
                reimbursable basis, provide the Commission with 
                administrative support and other services for the 
                performance of the Commission's functions.
                    (B) Other federal agencies.--The departments and 
                agencies of the United States may provide the 
                Commission with such services, funds, facilities, 
                staff, and other support services as heads of such 
                departments and agencies determine advisable and 
                authorized by law.
    (f) Personnel Matters.--
            (1) Staff.--
                    (A) Except as provided under subparagraph (B), any 
                personnel of the Commission who are employees shall be 
                considered to be employees under section 2105 of title 
                5, United States Code, for purposes of chapters 63, 81, 
                83, 84, 85, 87, 89 and 90 of such title.
                    (B) Subparagraph (A) shall not apply to members of 
                the Commission.
            (2) Detailees.--Any employee of the Federal Government may 
        be detailed to the Commission without reimbursement from the 
        Commission. Such detailee shall retain the rights, status, and 
        privileges of his or her regular employment without 
        interruption.
            (3) Consultant services.--The Commission may procure the 
        services of experts and consultants in accordance with section 
        3109 of title 5, United States Code, at rates not to exceed the 
        daily rate paid a person occupying a position at level IV of 
        Executive Schedule under section 5315 of such title 5.
    (g) Compensation and Travel Expenses.--
            (1) Compensation.--Each voting member of the Commission may 
        be compensated at a rate not to exceed the daily equivalent of 
        the annual rate of basic pay in effect for a position at level 
        IV of the Executive Schedule under section 5315 of title 5, 
        United States Code, for each day during which that member is 
        engaged in the actual performance of the duties of the 
        Commission.
            (2) Travel expenses.--Members of the Commission shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, in the same manner as persons employed 
        intermittently in Government service are allowed expenses under 
        section 5703(b) of title 5, United States Code, while away from 
        their homes or regular places of business in performance of 
        services for the Commission.
    (h) Authorization of Appropriations.--There are authorized to carry 
out the purposes of this section such sums as may be necessary.

SEC. 502. SECURITY AND PROSPERITY ACCOUNT.

    Section 286 (8 U.S.C. 1356) is amended by adding at the end the 
following new subsection:
    ``(w) Prosperity Account.--
            ``(1) Establishment.--There is established in the general 
        fund of the Treasury an account, which shall be known as the 
        `Security and Prosperity Account'.
            ``(2) Deposits.--Notwithstanding any other provision of 
        this Act, there shall be deposited as offsetting receipts into 
        the Security and Prosperity Account--
                    ``(A) all fines collected under section 
                401(g)(2)(B) of the CIR ASAP Act of 2009; and
                    ``(B) all fees collected under section 401(g)(2)(A) 
                of such Act.
            ``(3) Use of funds.--The fees and fines deposited into the 
        Security and Prosperity Fund shall be allocated as follows:
                    ``(A) 25 percent shall be allocated for `Training 
                and Employment Services' for activities under the 
                Workforce Investment Act (WIA) of 1998 which shall 
                distributed as follows:
                            ``(i) 25 percent for grants to the States 
                        for adult employment and training activities.
                            ``(ii) 20 percent for grants to the States 
                        for dislocated worker employment and training 
                        activities.
                            ``(iii) 10 percent shall be allocated for 
                        the dislocated workers assistance national 
                        reserve, except that--
                                    ``(I) such funds shall be made 
                                available for grants only to eligible 
                                entities that serve areas of high 
                                unemployment or high poverty and only 
                                for purposes described in subsection 
                                173(a)(1) of the WIA; and
                                    ``(II) the Secretary of Labor shall 
                                ensure that applicants for such funds 
                                demonstrate how income support, child 
                                care and other supportive services 
                                necessary for an individual's 
                                participation in job training will be 
                                provided; and
                            ``(iv) 45 percent for a program of 
                        competitive grants for worker training and 
                        placement in high growth and emerging industry 
                        sectors.
                    ``(B) 5 percent shall be allocated for the American 
                Worker Recruit and Match System described in section 
                503 of the CIR ASAP Act of 2009.
                    ``(C) 10 percent shall be allocated to the 
                Secretary of Homeland Security for the processing of 
                immigration benefits applications and to subsidize the 
                costs of immigration benefits applications described in 
                section 321.
                    ``(D) 3 percent shall be allocated to implement 
                title VI of the CIR ASAP Act of 2009.
                    ``(E) 2 percent shall be allocated for the 
                establishment and operations of the Commission on Labor 
                Markets and Immigration as described in section 501 of 
                such Act.
                    ``(F) 30 percent shall be allocated to implement 
                the amendments made by title II of the CIR ASAP Act of 
                2009, and enforcement efforts mandated in such 
                amendments to ensure compliance with the employment 
                practices described in such amendments.
                    ``(G) 25 percent distributed equally among the 
                programs established in title I of the CIR ASAP Act of 
                2009 for border security, detention, and 
                enforcement.''.

SEC. 503. AMERICAN RECRUIT AND MATCH SYSTEM.

    (a) Establishment of Program.--Each State Workforce Agency (SWA) 
shall establish an Internet-based program entitled ``American Worker 
Recruit and Match'' program, to be incorporated with existing SWA Web-
based job search engines, if any--
            (1) whereby employers may electronically post employment 
        opportunities in fields and occupations that have traditionally 
        relied on unauthorized labor, such as hospitality, agriculture, 
        construction, domestic services, food services and as 
        determined by the Secretary of Labor;
            (2) whereby individuals may electronically post employment 
        profiles; and
            (3) that shall be searchable and shall match employers with 
        qualified individuals.
    (b) Single Internet Link.--The Secretary of Labor shall establish a 
publicly accessible Web page on the Internet website of the Department 
of Labor that provides a single internet link to each State workforce 
agency's American Worker Recruit and Match program.
    (c) Education.--Each State workforce agency shall conduct monthly 
seminars that shall be publicly noticed, to educate employers and 
individuals regarding use of the American Recruit and Match System.
    (d) Funding.--Fees and fines deposited in the Prosperity Fund under 
section 286(w)(3)(B) of the Immigration and Nationality Act may be used 
to carry out this section.

           CHAPTER 2--PROTECTION OF WORKERS RECRUITED ABROAD

SEC. 511. PROTECTIONS FOR WORKERS RECRUITED ABROAD.

    (a) Basic Requirements.--(1) Each employer and foreign labor 
contractor who engages in foreign labor contracting activity shall 
ascertain and disclose to each such worker who is recruited for 
employment the following information at the time of the worker's 
recruitment:
            (A) The place of employment.
            (B) The compensation for the employment.
            (C) A description of employment activities.
            (D) The period of employment.
            (E) The transportation, housing, and any other employee 
        benefit to be provided and any costs to be charged for each 
        benefit.
            (F) The existence of any labor organizing effort, strike, 
        lockout, or other labor dispute at the place of employment.
            (G) The existence of any arrangements with any owner or 
        agent of any establishment in the area of employment under 
        which the contractor or employer is to receive a commission or 
        any other benefit resulting from any sales (including the 
        provision of services) by such establishment to the workers.
            (H) Whether and the extent to which workers will be 
        compensated through workers' compensation, private insurance, 
        or otherwise for injuries or death, including work related 
        injuries and death, during the period of employment and, if so, 
        the name of the State workers' compensation insurance carrier 
        or the name of the policyholder of the private insurance, the 
        name and the telephone number of each person who must be 
        notified of an injury or death, and the time period within 
        which such notice must be given.
            (I) Any education or training to be provided or made 
        available, including the nature and cost of such training, who 
        will pay such costs, and whether the training is a condition of 
        employment, continued employment, or future employment.
            (J) A statement, approved by the Secretary of Labor, 
        describing the protections of this part for workers recruited 
        abroad.
    (2) No foreign labor contractor or employer shall knowingly provide 
false or misleading information to any worker concerning any matter 
required to be disclosed in paragraph (1).
    (3) The information required to be disclosed by paragraph (1) to 
workers shall be provided in written form. Such information shall be 
provided in English or, as necessary and reasonable, in the language of 
the worker being recruited. The Department of Labor shall make forms 
available in English, Spanish, and other languages, as necessary, which 
may be used in providing workers with information required under this 
section.
    (4) No fees may be charged to a worker for recruitment.
    (5) No employer or foreign labor contractor shall, without 
justification, violate the terms of any working arrangement made by 
that contractor or employer.
    (6) The employer shall pay the transportation costs, including 
subsistence costs during the period of travel, for the worker from the 
place of recruitment to the place of employment and from the place of 
employment to such worker's place of permanent residence.
    (7)(A) It shall be unlawful for an employer or a foreign labor 
contractor to fail or refuse to hire or to discharge any individual, or 
otherwise discriminate against an individual with respect to 
compensation, terms, conditions, or privileges of employment because 
such individual's race, color, creed, sex, national origin, religion, 
age, or disability.
    (B) For the purposes of determining the existence of unlawful 
discrimination under subclause (A)--
            (i) in the case of a claim of discrimination based on race, 
        color, creed, sex, national origin, or religion, the same legal 
        standards shall apply as are applicable under title VII of the 
        Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.);
            (ii) in the case of a claim of discrimination based on 
        unlawful discrimination based on age, the same legal standards 
        shall apply as are applicable under the Age Discrimination in 
        Employment Act of 1967 (29 U.S.C. 621 et seq.); and
            (iii) in the case of a claim of discrimination based on 
        disability, the same legal standards shall apply as are 
        applicable under title I of the Americans With Disabilities Act 
        (42 U.S.C. 12101 et seq.).
    (b) Other Worker Protections.--(1) Each employer shall notify the 
Secretary of the identity of any foreign labor contractor involved in 
any foreign labor contractor activity for or on behalf of the employer. 
The employer shall be subject to the civil remedies of this chapter for 
violations committed by such foreign labor contractor to the same 
extent as if the employer had committed the violation. The employer 
shall notify the Secretary of the identity of such a foreign labor 
contractor whose activities do not comply with this chapter.
    (2) The Secretary shall maintain a list of all foreign labor 
contractors whom the Secretary knows or believes have been involved in 
violations of this chapter, and make that list publicly available. The 
Secretary shall provide a procedure by which an employer, a foreign 
labor contractor, or someone acting on behalf of such contractor may 
seek to have a foreign labor contractor's name removed from such list 
by demonstrating to the Secretary's satisfaction that the foreign labor 
contractor has not violated this chapter in the previous five years.
    (3) No foreign labor contractor shall violate, without 
justification, the terms of any written agreements made with an 
employer pertaining to any contracting activity or worker protection 
under this chapter.
    (c) Discrimination Prohibited Against Workers Seeking Relief Under 
This Chapter.--No person shall intimidate, threaten, restrain, coerce, 
blacklist, discharge, or in any manner discriminate against any worker 
because such worker has, with just cause, filed any complaint or 
instituted, or caused to be instituted, any proceeding under or related 
to this chapter, or has testified or is about to testify in any such 
proceedings, or because of the exercise, with just cause, by such 
worker on behalf of himself or others of any right or protection 
afforded by this chapter.

SEC. 512. ENFORCEMENT PROVISIONS.

    (a) Criminal Sanctions.--Whoever knowingly violates this chapter 
shall be fined under title 18, United States Code, or imprisoned not 
more than one year, or both. Upon conviction, after a first conviction 
under this section, for a second or subsequent violation of this 
chapter, the defendant shall be fined under title 18, United States 
Code, or imprisoned not more than three years, or both.
    (b) Administrative Sanctions.--(1)(A) Subject to subparagraph (B), 
the Secretary may assess a civil money penalty of not more than $5,000 
on any person who violates this chapter.
    (B) In determining the amount of any penalty to be assessed under 
subparagraph (A), the Secretary shall take into account (i) the 
previous record of the person in terms of compliance with this chapter 
and with comparable requirements of the Fair Labor Standards Act of 
1938, and with regulations promulgated under such Acts, and (ii) the 
gravity of the violation.
    (2) Any employer who uses the services of a foreign labor 
contractor who is on the list maintained by the Secretary pursuant to 
section 2(b)(2), shall, if the actions of such foreign labor contractor 
have contributed to a violation of this chapter by the employer, be 
fined $10,000 per violation in addition to any other fines or penalties 
for which the employer may be liable for the violation.
    (c) Actions by Secretary.--The Secretary may take such actions, 
including seeking appropriate injunctive relief and specific 
performance of contractual obligations, as may be necessary to assure 
employer compliance with terms and conditions of employment under this 
chapter and with this chapter.
    (d) Waiver of Rights.--Agreements by employees purporting to waive 
or to modify their rights under this chapter shall be void as contrary 
to public policy.
    (e) Representation in Court.--Except as provided in section 518(a) 
of title 28, United States Code, relating to litigation before the 
Supreme Court, the Solicitor of Labor may appear for and represent the 
Secretary in any civil litigation brought under this chapter, but all 
such litigation shall be subject to the direction and control of the 
Attorney General.

SEC. 513. PROCEDURES IN ADDITION TO OTHER RIGHTS OF EMPLOYEES.

    The rights and remedies provided to workers by this chapter are in 
addition to, and not in lieu of, any other contractual or statutory 
rights and remedies of the workers, and are not intended to alter or 
affect such rights and remedies.

SEC. 514. AUTHORITY TO PRESCRIBE REGULATIONS.

    The Secretary of Labor shall prescribe such regulations as may be 
necessary to carry out this chapter.

SEC. 515. DEFINITIONS.

    (a) In General.--Except as otherwise provided by this chapter, for 
purposes of this chapter the terms used in this chapter shall have the 
same meanings, respectively, as are given those terms in section 3 of 
the Fair Labor Standards Act of 1938.
    (b) Other Definitions.--As used in this chapter:
            (1) The term ``State'' means any State of the United States 
        and includes the District of Columbia, Puerto Rico, Guam, 
        American Samoa, the Commonwealth of the Northern Mariana 
        Islands, and the Virgin Islands of the United States.
            (2) The term ``foreign labor contractor'' means any person 
        who for any money or other valuable consideration paid or 
        promised to be paid, performs any foreign labor contracting 
        activity.
            (3) The term ``foreign labor contracting activity'' means 
        recruiting, soliciting, hiring, employing, or furnishing, an 
        individual who resides outside of the United States to be 
        employed in the United States.
            (4) The term ``Secretary'' means the Secretary of Labor.
            (5) The term ``worker'' means an individual who is the 
        subject of foreign labor contracting activity.

                    CHAPTER 3--TECHNICAL CORRECTION

SEC. 521. TECHNICAL CORRECTION.

    Section 212 of the Immigration and Nationality Act is amended by 
redesignating the second subsection (t), as added by section 1(b)(2)(B) 
of the Act entitled ``An Act to amend and extend the Irish Peace 
Process Cultural and Training Program Act of 1998'' (Public Law 108-449 
(118 Stat. 3470)), as subsection (u).

    Subtitle B--Reforms of Certain Classes of Employment-based Visas

            CHAPTER 1--H-1B VISA FRAUD AND ABUSE PROTECTIONS

          Subchapter A--H-1B Employer Application Requirements

SEC. 531. MODIFICATION OF APPLICATION REQUIREMENTS.

    (a) General Application Requirements.--Subparagraph (A) of section 
212(n)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)) 
is amended to read as follows:
            ``(A) The employer--
                    ``(i) is offering and will offer to H-1B 
                nonimmigrants, during the period of authorized 
                employment for each H-1B nonimmigrant, wages that are 
                determined based on the best information available at 
                the time the application is filed and which are not 
                less than the highest of--
                            ``(I) the locally determined prevailing 
                        wage level for the occupational classification 
                        in the area of employment;
                            ``(II) the median average wage for all 
                        workers in the occupational classification in 
                        the area of employment; and
                            ``(III) the median wage for skill level 2 
                        in the occupational classification found in the 
                        most recent Occupational Employment Statistics 
                        survey; and
                    ``(ii) will provide working conditions for such H-
                1B nonimmigrant that will not adversely affect the 
                working conditions of other workers similarly 
                employed.''.
    (b) Internet Posting Requirement.--Subparagraph (C) of such section 
212(n)(1) is amended--
            (1) by redesignating clause (ii) as subclause (II);
            (2) by striking ``(i) has provided'' and inserting the 
        following:
                    ``(ii)(I) has provided''; and
            (3) by inserting before clause (ii), as redesignated by 
        paragraph (2) of this subsection, the following:
                    ``(i) has posted on the Internet website described 
                in paragraph (3), for at least 30 calendar days, a 
                detailed description of each position for which a 
                nonimmigrant is sought that includes a description of--
                            ``(I) the wages and other terms and 
                        conditions of employment;
                            ``(II) the minimum education, training, 
                        experience, and other requirements for the 
                        position; and
                            ``(III) the process for applying for the 
                        position; and''.
    (c) Wage Determination Information.--Subparagraph (D) of such 
section 212(n)(1) is amended by inserting ``the wage determination 
methodology used under subparagraph (A)(i),'' after ``shall contain''.
    (d) Application of Requirements to All Employers.--
            (1) Nondisplacement.--Subparagraph (E) of such section 
        212(n)(1) is amended--
                    (A) in clause (i)--
                            (i) by striking ``90 days'' both places it 
                        appears and inserting ``180 days''; and
                            (ii) by striking ``(i) In the case of an 
                        application described in clause (ii), the'' and 
                        inserting ``The''; and
                    (B) by striking clause (ii).
            (2) Recruitment.--Subparagraph (G)(i) of such section 
        212(n)(1) is amended by striking ``In the case of an 
        application described in subparagraph (E)(ii), subject'' and 
        inserting ``Subject''.
    (e) Requirement for Waiver.--Subparagraph (F) of such section 
212(n)(1) is amended to read as follows:
            ``(F) The employer shall not place, outsource, lease, or 
        otherwise contract for the services or placement of H-1B 
        nonimmigrants with another employer unless the employer of the 
        alien has been granted a waiver under paragraph (2)(E).''.

SEC. 532. NEW APPLICATION REQUIREMENTS.

    Section 212(n)(1) of the Immigration and Nationality Act (8 U.S.C. 
1182(n)(1)) is amended by inserting after clause (ii) of subparagraph 
(G) the following:
            ``(H)(i) The employer has not advertised any available 
        position specified in the application in an advertisement that 
        states or indicates that--
                    ``(I) such position is only available to an 
                individual who is or will be an H-1B nonimmigrant; or
                    ``(II) an individual who is or will be an H-1B 
                nonimmigrant shall receive priority or a preference in 
                the hiring process for such position.
            ``(ii) The employer has not solely recruited individuals 
        who are or who will be H-1B nonimmigrants to fill such 
        position.
            ``(I) If the employer employs 50 or more employees in the 
        United States, the sum of the number of such employees who are 
        H-1B nonimmigrants plus the number of such employees who are 
        nonimmigrants described in section 101(a)(15)(L) may not exceed 
        50 percent of the total number of employees.
            ``(J) If the employer, in such previous period as the 
        Secretary shall specify, employed 1 or more H-1B nonimmigrants, 
        the employer shall submit to the Secretary the Internal Revenue 
        Service Form W-2 Wage and Tax Statement filed by the employer 
        with respect to the H-1B nonimmigrants for such period.''.

SEC. 533. APPLICATION REVIEW REQUIREMENTS.

    (a) Technical Amendment.--Section 212(n)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1182(n)(1)), as amended by section 102, is 
further amended in the undesignated paragraph at the end, by striking 
``The employer'' and inserting the following:
            ``(K) The employer.''.
    (b) Application Review Requirements.--Subparagraph (K) of such 
section 212(n)(1), as designated by subsection (a), is amended--
            (1) by inserting ``and through the Department of Labor's 
        website, without charge.'' after ``D.C.'';
            (2) by striking ``only for completeness'' and inserting 
        ``for completeness and clear indicators of fraud or 
        misrepresentation of material fact,'';
            (3) by striking ``or obviously inaccurate'' and inserting 
        ``, presents clear indicators of fraud or misrepresentation of 
        material fact, or is obviously inaccurate'';
            (4) by striking ``within 7 days of'' and inserting ``not 
        later than 14 days after''; and
            (5) by adding at the end the following: ``If the 
        Secretary's review of an application identifies clear 
        indicators of fraud or misrepresentation of material fact, the 
        Secretary may conduct an investigation and hearing in 
        accordance with paragraph (2).''.

 Subchapter B--Investigation and Disposition of Complaints Against H-1B

SEC. 541. GENERAL MODIFICATION OF PROCEDURES FOR INVESTIGATION AND 
              DISPOSITION.

    Subparagraph (A) of section 212(n)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1182(n)(2)) is amended--
            (1) by striking ``(A) Subject'' and inserting ``(A)(i) 
        Subject'';
            (2) by striking ``12 months'' and inserting ``24 months'';
            (3) by striking the last sentence; and
            (4) by adding at the end the following:
                    ``(ii)(I) Upon the receipt of such a complaint, the 
                Secretary may initiate an investigation to determine if 
                such a failure or misrepresentation has occurred.
                    ``(II) The Secretary may conduct surveys of the 
                degree to which employers comply with the requirements 
                of this subsection and may conduct annual compliance 
                audits of employers that employ H-1B nonimmigrants.
                    ``(III) The Secretary shall--
                            ``(aa) conduct annual compliance audits of 
                        not less than 1 percent of the employers that 
                        employ H-1B nonimmigrants during the applicable 
                        calendar year;
                            ``(bb) conduct annual compliance audits of 
                        each employer with more than 100 employees who 
                        work in the United States if more than 15 
                        percent of such employees are H-1B 
                        nonimmigrants; and
                            ``(cc) make available to the public an 
                        executive summary or report describing the 
                        general findings of the audits carried out 
                        pursuant to this subclause.''.

SEC. 542. INVESTIGATION, WORKING CONDITIONS, AND PENALTIES.

    Subparagraph (C) of section 212(n)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1182(n)(2)) is amended--
            (1) in clause (i)--
                    (A) in the matter preceding subclause (I)--
                            (i) by striking ``a condition of paragraph 
                        (1)(B), (1)(E), or (1)(F)'' and inserting ``a 
                        condition under subparagraph (A), (B), (C)(i), 
                        (E), (F), (G)(i)(I), (H), (I), or (J) of 
                        paragraph (1)''; and
                            (ii) by striking ``(1)(C)'' and inserting 
                        ``(1)(C)(ii)''; and
                    (B) in subclause (I)--
                            (i) by striking ``$1,000'' and inserting 
                        ``$2,000''; and
                            (ii) by striking ``and'' at the end;
                    (C) in subclause (II), by striking the period at 
                the end and inserting a semicolon and ``and'';
                    (D) by adding at the end the following:
            ``(III) an employer that violates such subparagraph (A) 
        shall be liable to the employees harmed by such violations for 
        lost wages and benefits.''; and
            (2) in clause (ii)--
                    (A) in subclause (I)--
                            (i) by striking ``may'' and inserting 
                        ``shall''; and
                            (ii) by striking ``$5,000'' and inserting 
                        ``$10,000''; and
                    (B) in subclause (II), by striking the period at 
                the end and inserting a semicolon and ``and'';
                    (C) by adding at the end the following:
            ``(III) an employer that violates such subparagraph (A) 
        shall be liable to the employees harmed by such violations for 
        lost wages and benefits.''; and
            (3) in clause (iii)--
                    (A) in the matter preceding subclause (I), by 
                striking ``90 days'' both places it appears and 
                inserting ``180 days'';
                    (B) in subclause (I)--
                            (i) by striking ``may'' and inserting 
                        ``shall''; and
                            (ii) by striking ``and'' at the end;
                    (C) in subclause (II), by striking the period at 
                the end and inserting a semicolon and ``and''; and
                    (D) by adding at the end the following:
            ``(III) an employer that violates subparagraph (A) of such 
        paragraph shall be liable to the employees harmed by such 
        violations for lost wages and benefits.'';
            (4) in clause (iv)--
                    (A) by inserting ``to take, fail to take, or 
                threaten to take or fail to take, a personnel action, 
                or'' before ``to intimidate'';
                    (B) by inserting ``(I)'' after ``(iv)''; and
                    (C) by adding at the end the following:
            ``(II) An employer that violates this clause shall be 
        liable to the employees harmed by such violation for lost wages 
        and benefits.''; and
            (5) in clause (vi)--
                    (A) by amending subclause (I) to read as follows:
            ``(I) It is a violation of this clause for an employer who 
        has filed an application under this subsection--
                    ``(aa) to require an H-1B nonimmigrant to pay a 
                penalty for ceasing employment with the employer prior 
                to a date agreed to by the nonimmigrant and the 
                employer (the Secretary shall determine whether a 
                required payment is a penalty, and not liquidated 
                damages, pursuant to relevant State law); and
                    ``(bb) to fail to offer to an H-1B nonimmigrant, 
                during the nonimmigrant's period of authorized 
                employment, on the same basis, and in accordance with 
                the same criteria, as the employer offers to United 
                States workers, benefits and eligibility for benefits, 
                including--
                            ``(AA) the opportunity to participate in 
                        health, life, disability, and other insurance 
                        plans;
                            ``(BB) the opportunity to participate in 
                        retirement and savings plans; and
                            ``(CC) cash bonuses and noncash 
                        compensation, such as stock options (whether or 
                        not based on performance).''; and
                    (B) in subclause (III), by striking ``$1,000'' and 
                inserting ``$2,000''.

SEC. 543. WAIVER REQUIREMENTS.

    (a) In General.--Subparagraph (E) of section 212(n)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1182(n)(2)) is amended to 
read as follows:
    ``(E)(i) The Secretary of Labor may waive the prohibition in 
paragraph (1)(F) if the Secretary determines that the employer seeking 
the waiver has established that--
            ``(I) the employer with whom the H-1B nonimmigrant would be 
        placed has not displaced, and does not intend to displace, a 
        United States worker employed by the employer within the period 
        beginning 180 days before and ending 180 days after the date of 
        the placement of the nonimmigrant with the employer;
            ``(II) the H-1B nonimmigrant will not be controlled and 
        supervised principally by the employer with whom the H-1B 
        nonimmigrant would be placed; and
            ``(III) the placement of the H-1B nonimmigrant is not 
        essentially an arrangement to provide labor for hire for the 
        employer with whom the H-1B nonimmigrant will be placed.
    ``(ii) The Secretary shall grant or deny a waiver under this 
subparagraph not later than 7 days after the Secretary receives the 
application for such waiver.''.
    (b) Requirement for Rules.--
            (1) Rules for waivers.--The Secretary of Labor shall 
        promulgate rules, after notice and a period for comment, for an 
        employer to apply for a waiver under subparagraph (E) of 
        section 212(n)(2) of such Act, as amended by subsection (a).
            (2) Requirement for publication.--The Secretary of Labor 
        shall submit to Congress and publish in the Federal Register 
        and other appropriate media a notice of the date that rules 
        required by paragraph (1) are published.

SEC. 544. INITIATION OF INVESTIGATIONS.

    Subparagraph (G) of section 212(n)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1182(n)(2)) is amended--
            (1) in clause (i), by striking ``if the Secretary'' and all 
        that follows and inserting ``with regard to the employer's 
        compliance with the requirements of this subsection.'';
            (2) in clause (ii), by striking ``and whose identity'' and 
        all that follows through ``failure or failures.'' and inserting 
        ``the Secretary of Labor may conduct an investigation into the 
        employer's compliance with the requirements of this 
        subsection.'';
            (3) in clause (iii), by striking the last sentence;
            (4) by striking clauses (iv) and (v);
            (5) by redesignating clauses (vi), (vii), and (viii) as 
        clauses (iv), (v), and (vi), respectively;
            (6) in clause (iv), as so redesignated, by striking ``meet 
        a condition described in clause (ii), unless the Secretary of 
        Labor receives the information not later than 12 months'' and 
        inserting ``comply with the requirements under this subsection, 
        unless the Secretary of Labor receives the information not 
        later than 24 months'';
            (7) by amending clause (v), as so redesignated, to read as 
        follows:
            ``(v) The Secretary of Labor shall provide notice to an 
        employer of the intent to conduct an investigation. The notice 
        shall be provided in such a manner, and shall contain 
        sufficient detail, to permit the employer to respond to the 
        allegations before an investigation is commenced. The Secretary 
        is not required to comply with this clause if the Secretary 
        determines that such compliance would interfere with an effort 
        by the Secretary to investigate or secure compliance by the 
        employer with the requirements of this subsection. A 
        determination by the Secretary under this clause shall not be 
        subject to judicial review.'';
            (8) in clause (vi), as so redesignated, by striking ``An 
        investigation'' and all that follows through ``the 
        determination.'' and inserting ``If the Secretary of Labor, 
        after an investigation under clause (i) or (ii), determines 
        that a reasonable basis exists to make a finding that the 
        employer has failed to comply with the requirements under this 
        subsection, the Secretary shall provide interested parties with 
        notice of such determination and an opportunity for a hearing 
        in accordance with section 556 of title 5, United States Code, 
        not later than 120 days after the date of such 
        determination.''; and
            (9) by adding at the end the following:
            ``(vii) If the Secretary of Labor, after a hearing, finds a 
        reasonable basis to believe that the employer has violated the 
        requirements under this subsection, the Secretary shall impose 
        a penalty under subparagraph (C).''.

SEC. 545. INFORMATION SHARING.

    Subparagraph (H) of section 212(n)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1182(n)(2)) is amended to read as follows:
    ``(H) The Director of United States Citizenship and Immigration 
Services shall provide the Secretary of Labor with any information 
contained in the materials submitted by employers of H-1B nonimmigrants 
as part of the adjudication process that indicates that the employer is 
not complying with visa program requirements for H-1B nonimmigrants. 
The Secretary may initiate and conduct an investigation and hearing 
under this paragraph after receiving information of noncompliance under 
this subparagraph.''.

SEC. 546. CONFORMING AMENDMENT.

    Subparagraph (F) of section 212(n)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1182) is amended by striking ``The preceding 
sentence shall apply to an employer regardless of whether or not the 
employer is an H-1B-dependent employer.''.

                  Subchapter C--Other H-1B Provisions

SEC. 551. POSTING AVAILABLE H-1B POSITIONS THROUGH THE DEPARTMENT OF 
              LABOR.

    (a) Department of Labor Website.--Paragraph (3) of section 212(n) 
of the Immigration and Nationality Act (8 U.S.C. 1182(n)) is amended to 
read as follows:
            ``(3)(A) Not later than 90 days after the date of the 
        enactment of the H-1B and L-1 Visa Reform Act of 2009, the 
        Secretary of Labor shall establish a searchable Internet 
        website for posting positions as required by paragraph (1)(C). 
        Such website shall be available to the public without charge.
            ``(B) The Secretary may work with private companies or 
        nonprofit organizations to develop and operate the Internet 
        website described in subparagraph (A).
            ``(C) The Secretary may promulgate rules, after notice and 
        a period for comment, to carry out the requirements of this 
        paragraph.''.
    (b) Requirement for Publication.--The Secretary of Labor shall 
submit to Congress and publish in the Federal Register and other 
appropriate media a notice of the date that the Internet website 
required by paragraph (3) of section 212(n) of such Act, as amended by 
subsection (a), will be operational.
    (c) Application.--The amendments made by subsection (a) shall apply 
to an application filed on or after the date that is 30 days after the 
date described in subsection (b).

SEC. 552. H-1B GOVERNMENT AUTHORITY AND REQUIREMENTS.

    (a) Immigration Documents.--Section 204 of the Immigration and 
Nationality Act (8 U.S.C. 1154) is amended by adding at the end the 
following:
    ``(l) Employer to Provide Immigration Paperwork Exchanged With 
Federal Agencies.--Not later than 21 business days after receiving a 
written request from a former, current, or future employee or 
beneficiary, an employer shall provide such employee or beneficiary 
with the original (or a certified copy of the original) of all 
petitions, notices, and other written communication exchanged between 
the employer and the Department of Labor, the Department of Homeland 
Security, or any other Federal agency or department that is related to 
an immigrant or nonimmigrant petition filed by the employer for such 
employee or beneficiary.''.
    (b) Report on Job Classification and Wage Determinations.--Not 
later than 1 year after the date of the enactment of this Act, the 
Comptroller General of the United States shall prepare a report 
analyzing the accuracy and effectiveness of the Secretary of Labor's 
current job classification and wage determination system. The report 
shall--
            (1) specifically address whether the systems in place 
        accurately reflect the complexity of current job types as well 
        as geographic wage differences; and
            (2) make recommendations concerning necessary updates and 
        modifications.

SEC. 553. ADDITIONAL DEPARTMENT OF LABOR EMPLOYEES.

    (a) In General.--The Secretary of Labor is authorized to hire 200 
additional employees to administer, oversee, investigate, and enforce 
programs involving nonimmigrant employees described in section 
101(a)(15)(H)(i)(B).
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

                      CHAPTER 2--L-1 NONIMMIGRANTS

SEC. 561. PROHIBITION ON OUTPLACEMENT OF L-1 NONIMMIGRANTS.

    (a) In General.--Subparagraph (F) of section 214(c)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1184(c)(2)) is amended to 
read as follows:
                    ``(F)(i) Unless an employer receives a waiver under 
                clause (ii), an employer may not employ an alien, for a 
                cumulative period of more than 1 year, who--
                            ``(I) will serve in a capacity involving 
                        specialized knowledge with respect to an 
                        employer for purposes of section 101(a)(15)(L); 
                        and
                            ``(II) will be stationed primarily at the 
                        worksite of an employer other than the 
                        petitioning employer or its affiliate, 
                        subsidiary, or parent, including pursuant to an 
                        outsourcing, leasing, or other contracting 
                        agreement.
                    ``(ii) The Secretary of Homeland Security may grant 
                a waiver of the requirements of clause (i) for an 
                employer if the Secretary determines that the employer 
                has established that--
                            ``(I) the employer with whom the alien 
                        referred to in clause (i) would be placed has 
                        not displaced and does not intend to displace a 
                        United States worker employed by the employer 
                        within the period beginning 180 days after the 
                        date of the placement of such alien with the 
                        employer;
                            ``(II) such alien will not be controlled 
                        and supervised principally by the employer with 
                        whom the nonimmigrant would be placed; and
                            ``(III) the placement of the nonimmigrant 
                        is not essentially an arrangement to provide 
                        labor for hire for an unaffiliated employer 
                        with whom the nonimmigrant will be placed, 
                        rather than a placement in connection with the 
                        provision or a product or service for which 
                        specialized knowledge specific to the 
                        petitioning employer is necessary.
                    ``(iii) The Secretary shall grant or deny a waiver 
                under clause (ii) not later than 7 days after the date 
                that the Secretary receives the application for the 
                waiver.''.
    (b) Regulations.--The Secretary of Homeland Security shall 
promulgate rules, after notice and a period for comment, for an 
employer to apply for a waiver under subparagraph (F)(ii) of section 
214(c)(2), as added by subsection (a).

SEC. 562. L-1 EMPLOYER PETITION REQUIREMENTS FOR EMPLOYMENT AT NEW 
              OFFICES.

    Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 
1184(c)(2)) is amended by adding at the end the following:
                    ``(G)(i) If the beneficiary of a petition under 
                this paragraph is coming to the United States to open, 
                or be employed in, a new office, the petition may be 
                approved for up to 12 months only if--
                            ``(I) the alien has not been the 
                        beneficiary of 2 or more petitions under this 
                        subparagraph during the immediately preceding 2 
                        years; and
                            ``(II) the employer operating the new 
                        office has--
                                    ``(aa) an adequate business plan;
                                    ``(bb) sufficient physical premises 
                                to carry out the proposed business 
                                activities; and
                                    ``(cc) the financial ability to 
                                commence doing business immediately 
                                upon the approval of the petition.
                    ``(ii) An extension of the approval period under 
                clause (i) may not be granted until the importing 
                employer submits an application to the Secretary of 
                Homeland Security that contains--
                            ``(I) evidence that the importing employer 
                        meets the requirements of this subsection;
                            ``(II) evidence that the beneficiary of the 
                        petition is eligible for nonimmigrant status 
                        under section 101(a)(15)(L);
                            ``(III) a statement summarizing the 
                        original petition;
                            ``(IV) evidence that the importing employer 
                        has fully complied with the business plan 
                        submitted under clause (i)(I);
                            ``(V) evidence of the truthfulness of any 
                        representations made in connection with the 
                        filing of the original petition;
                            ``(VI) evidence that the importing 
                        employer, for the entire period beginning on 
                        the date on which the petition was approved 
                        under clause (i), has been doing business at 
                        the new office through regular, systematic, and 
                        continuous provision of goods and services;
                            ``(VII) a statement of the duties the 
                        beneficiary has performed at the new office 
                        during the approval period under clause (i) and 
                        the duties the beneficiary will perform at the 
                        new office during the extension period granted 
                        under this clause;
                            ``(VIII) a statement describing the 
                        staffing at the new office, including the 
                        number of employees and the types of positions 
                        held by such employees;
                            ``(IX) evidence of wages paid to employees;
                            ``(X) evidence of the financial status of 
                        the new office; and
                            ``(XI) any other evidence or data 
                        prescribed by the Secretary.
                    ``(iii) A new office employing the beneficiary of 
                an l.--1 petition approved under this paragraph shall 
                do business only through regular, systematic, and 
                continuous provision of goods and services for the 
                entire period for which the petition is sought.
                    ``(iv) Notwithstanding clause (ii), and subject to 
                the maximum period of authorized admission set forth in 
                subparagraph (D), the Secretary of Homeland Security, 
                in the Secretary's discretion, may approve a 
                subsequently filed petition on behalf of the 
                beneficiary to continue employment at the office 
                described in this subparagraph for a period beyond the 
                initially granted 12-month period if the importing 
                employer has been doing business at the new office 
                through regular, systematic, and continuous provision 
                of goods and services for the 6 months immediately 
                preceding the date of extension petition filing and 
                demonstrates that the failure to satisfy any of the 
                requirements described in those subclauses was directly 
                caused by extraordinary circumstances, as determined by 
                the Secretary in the Secretary's discretion.''.

SEC. 563. COOPERATION WITH SECRETARY OF STATE.

    Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 
1184(c)(2)), as amended by section 202, is further amended by adding at 
the end the following:
                    ``(H) For purposes of approving petitions under 
                this paragraph, the Secretary of Homeland Security 
                shall work cooperatively with the Secretary of State to 
                verify the existence or continued existence of a 
                company or office in the United States or in a foreign 
                country.''.

SEC. 564. INVESTIGATION AND DISPOSITION OF COMPLAINTS AGAINST L-1 
              EMPLOYERS.

    Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 
1184(c)(2)), as amended by sections 202 and 203, is further amended by 
adding at the end the following:
                    ``(I)(i) The Secretary of Homeland Security may 
                initiate an investigation of any employer that employs 
                nonimmigrants described in section 101(a)(15)(L) with 
                regard to the employer's compliance with the 
                requirements of this subsection.
                    ``(ii) If the Secretary receives specific credible 
                information from a source who is likely to have 
                knowledge of an employer's practices, employment 
                conditions, or compliance with the requirements under 
                this subsection, the Secretary may conduct an 
                investigation into the employer's compliance with the 
                requirements of this subsection. The Secretary may 
                withhold the identity of the source from the employer, 
                and the source's identity shall not be subject to 
                disclosure under section 552 of title 5, United States 
                Code.
                    ``(iii) The Secretary shall establish a procedure 
                for any person desiring to provide to the Secretary 
                information described in clause (ii) that may be used, 
                in whole or in part, as the basis for the commencement 
                of an investigation described in such clause, to 
                provide the information in writing on a form developed 
                and provided by the Secretary and completed by or on 
                behalf of the person.
                    ``(iv) No investigation described in clause (ii) 
                (or hearing described in clause (vi) based on such 
                investigation) may be conducted with respect to 
                information about a failure to comply with the 
                requirements under this subsection, unless the 
                Secretary receives the information not later than 24 
                months after the date of the alleged failure.
                    ``(v) Before commencing an investigation of an 
                employer under clause (i) or (ii), the Secretary shall 
                provide notice to the employer of the intent to conduct 
                such investigation. The notice shall be provided in 
                such a manner, and shall contain sufficient detail, to 
                permit the employer to respond to the allegations 
                before an investigation is commenced. The Secretary is 
                not required to comply with this clause if the 
                Secretary determines that to do so would interfere with 
                an effort by the Secretary to investigate or secure 
                compliance by the employer with the requirements of 
                this subsection. There shall be no judicial review of a 
                determination by the Secretary under this clause.
                    ``(vi) If the Secretary, after an investigation 
                under clause (i) or (ii), determines that a reasonable 
                basis exists to make a finding that the employer has 
                failed to comply with the requirements under this 
                subsection, the Secretary shall provide the interested 
                parties with notice of such determination and an 
                opportunity for a hearing in accordance with section 
                556 of title 5, United States Code, not later than 120 
                days after the date of such determination. If such a 
                hearing is requested, the Secretary shall make a 
                finding concerning the matter by not later than 120 
                days after the date of the hearing.
                    ``(vii) If the Secretary, after a hearing, finds a 
                reasonable basis to believe that the employer has 
                violated the requirements under this subsection, the 
                Secretary shall impose a penalty under subparagraph 
                (L).
                    ``(viii)(I) The Secretary may conduct surveys of 
                the degree to which employers comply with the 
                requirements under this section.
                    ``(II) The Secretary shall--
                            ``(aa) conduct annual compliance audits of 
                        not less than 1 percent of the employers that 
                        employ nonimmigrants described in section 
                        101(a)(15)(L) during the applicable fiscal 
                        year;
                            ``(bb) conduct annual compliance audits of 
                        each employer with more than 100 employees who 
                        work in the United States if more than 15 
                        percent of such employees are nonimmigrants 
                        described in 101(a)(15)(L); and
                            ``(cc) make available to the public an 
                        executive summary or report describing the 
                        general findings of the audits carried out 
                        pursuant to this subclause.''.

SEC. 565. WAGE RATE AND WORKING CONDITIONS FOR L-1 NONIMMIGRANT.

    (a) In General.--Section 214(c)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1184(c)(2)), as amended by section 202, 203, 
and 204, is further amended by adding at the end the following:
    ``(J)(i) An employer that employs a nonimmigrant described in 
section 101(a)(15)(L) for a cumulative period of time in excess of 1 
year shall--
            ``(I) offer such nonimmigrant, during the period of 
        authorized employment, wages, based on the best information 
        available at the time the application is filed, which are not 
        less than the highest of--
                    ``(aa) the locally determined prevailing wage level 
                for the occupational classification in the area of 
                employment;
                    ``(bb) the median average wage for all workers in 
                the occupational classification in the area of 
                employment; and
                    ``(cc) the median wage for skill level 2 in the 
                occupational classification found in the most recent 
                Occupational Employment Statistics survey; and
            ``(II) provide working conditions for such nonimmigrant 
        that will not adversely affect the working conditions of 
        workers similarly employed.
    ``(ii) If an employer, in such previous period specified by the 
Secretary of Homeland Security, employed 1 or more such nonimmigrants, 
the employer shall provide to the Secretary of Homeland Security the 
Internal Revenue Service Form W-2 Wage and Tax Statement filed by the 
employer with respect to such nonimmigrants for such period.
    ``(iii) It is a failure to meet a condition under this subparagraph 
for an employer who has filed a petition to import 1 or more aliens as 
nonimmigrants described in section 101(a)(15)(L)--
            ``(I) to require such a nonimmigrant to pay a penalty for 
        ceasing employment with the employer before a date mutually 
        agreed to by the nonimmigrant and the employer; or
            ``(II) to fail to offer to such a nonimmigrant, during the 
        nonimmigrant's period of authorized employment, on the same 
        basis, and in accordance with the same criteria, as the 
        employer offers to United States workers, benefits and 
        eligibility for benefits, including--
                    ``(aa) the opportunity to participate in health, 
                life, disability, and other insurance plans;
                    ``(bb) the opportunity to participate in retirement 
                and savings plans; and
                    ``(cc) cash bonuses and noncash compensation, such 
                as stock options (whether or not based on performance).
    ``(iv) The Secretary of Homeland Security shall determine whether a 
required payment under clause (iii)(I) is a penalty (and not liquidated 
damages) pursuant to relevant State law.''.
    (b) Regulations.--The Secretary of Homeland Security shall 
promulgate rules, after notice and a period of comment, to implement 
the requirements of subparagraph (J) of section 214(c)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1184(c)(2)), as added by 
subsection (a). In promulgating these rules, the Secretary shall take 
into consideration any special circumstances relating to intracompany 
transfers.

SEC. 566. PENALTIES.

    Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 
1184(c)(2)), as amended by sections 202, 203, 204, and 205, is further 
amended by adding at the end the following:
    ``(K)(i) If the Secretary of Homeland Security finds, after notice 
and an opportunity for a hearing, a failure by an employer to meet a 
condition under subparagraph (F), (G), (J), or (L) or a 
misrepresentation of material fact in a petition to employ 1 or more 
aliens as nonimmigrants described in section 101(a)(15)(L)--
            ``(I) the Secretary shall impose such administrative 
        remedies (including civil monetary penalties in an amount not 
        to exceed $2,000 per violation) as the Secretary determines to 
        be appropriate;
            ``(II) the Secretary may not, during a period of at least 1 
        year, approve a petition for that employer to employ 1 or more 
        aliens as such nonimmigrants; and
            ``(III) in the case of a violation of subparagraph (J) or 
        (L), the employer shall be liable to the employees harmed by 
        such violation for lost wages and benefits.
    ``(ii) If the Secretary finds, after notice and an opportunity for 
a hearing, a willful failure by an employer to meet a condition under 
subparagraph (F), (G), (J), or (L) or a willful misrepresentation of 
material fact in a petition to employ 1 or more aliens as nonimmigrants 
described in section 101(a)(15)(L)--
            ``(I) the Secretary shall impose such administrative 
        remedies (including civil monetary penalties in an amount not 
        to exceed $10,000 per violation) as the Secretary determines to 
        be appropriate;
            ``(II) the Secretary may not, during a period of at least 2 
        years, approve a petition filed for that employer to employ 1 
        or more aliens as such nonimmigrants; and
            ``(III) in the case of a violation of subparagraph (J) or 
        (L), the employer shall be liable to the employees harmed by 
        such violation for lost wages and benefits.''.

SEC. 567. PROHIBITION ON RETALIATION AGAINST L-1 NONIMMIGRANTS.

    Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 
1184(c)(2)), as amended by section 202, 203, 204, 205, and 206, is 
further amended by adding at the end the following:
    ``(L)(i) It is a violation of this subparagraph for an employer who 
has filed a petition to import 1 or more aliens as nonimmigrants 
described in section 101(a)(15)(L) to take, fail to take, or threaten 
to take or fail to take, a personnel action, or to intimidate, 
threaten, restrain, coerce, blacklist, discharge, or discriminate in 
any other manner against an employee because the employee--
            ``(I) has disclosed information that the employee 
        reasonably believes evidences a violation of this subsection, 
        or any rule or regulation pertaining to this subsection; or
            ``(II) cooperates or seeks to cooperate with the 
        requirements of this subsection, or any rule or regulation 
        pertaining to this subsection.
    ``(ii) In this subparagraph, the term `employee' includes--
            ``(I) a current employee;
            ``(II) a former employee; and
            ``(III) an applicant for employment.''.

SEC. 568. TECHNICAL AMENDMENTS.

    Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 
1184(c)(2)) is amended by striking ``Attorney General'' each place it 
appears and inserting ``Secretary of Homeland Security''.

SEC. 569. REPORTS ON L-1 NONIMMIGRANTS.

    Section 214(c)(8) of the Immigration and Nationality Act (8 U.S.C. 
1184(c)(8)) is amended by inserting ``(L),'' after ``(H),''.

SEC. 570. APPLICATION.

    The amendments made by sections 201 through 207 shall apply to 
applications filed on or after the date of the enactment of this Act.

SEC. 571. REPORT ON L-1 BLANKET PETITION PROCESS.

    (a) Requirement for Report.--Not later than 6 months after the date 
of the enactment of this Act, the Inspector General of the Department 
of Homeland Security shall submit to the appropriate committees of 
Congress a report regarding the use of blanket petitions under section 
214(c)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 
1184(c)(2)(A)). Such report shall assess the efficiency and reliability 
of the process for reviewing such blanket petitions, including whether 
the process includes adequate safeguards against fraud and abuse.
    (b) Appropriate Committees of Congress.--In this section the term 
``appropriate committees of Congress'' means--
            (1) the Committee on Homeland Security and Governmental 
        Affairs of the Senate;
            (2) the Committee on the Judiciary of the Senate;
            (3) the Committee on Homeland Security of the House of 
        Representatives; and
            (4) the Committee on the Judiciary of the House of 
        Representatives.

SEC. 572. REQUIREMENTS FOR INFORMATION FOR H-1B AND L-1 NONIMMIGRANTS.

    Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) 
is amended by adding at the end the following:
    ``(s) Requirements For Information For H-1B And L-1 
Nonimmigrants.--
            ``(1) In general.--Upon issuing a visa to an applicant for 
        nonimmigrant status pursuant to subparagraph (H)(i)(b) or (L) 
        of section 101(a)(15) who is outside the United States, the 
        issuing office shall provide the applicant with--
                    ``(A) a brochure outlining the obligations of the 
                applicant's employer and the rights of the applicant 
                with regard to employment under Federal law, including 
                labor and wage protections;
                    ``(B) the contact information for appropriate 
                Federal agencies or departments that offer additional 
                information or assistance in clarifying such 
                obligations and rights; and
                    ``(C) a copy of the application submitted for the 
                nonimmigrant under section 212(n) or the petition 
                submitted for the nonimmigrant under subsection 
                (c)(2)(A), as appropriate.
            ``(2) Upon the issuance of a visa to an applicant referred 
        to in paragraph (1) who is inside the United States, the 
        issuing officer of the Department of Homeland Security shall 
        provide the applicant with the material described in clauses 
        (i), (ii), and (iii) of subparagraph (A).''.

              CHAPTER 3--PROTECTION OF H-2B NONIMMIGRANTS

SEC. 581. ENFORCEMENT OF FEDERAL LABOR LAWS RELATING TO H-2B 
              NONAGRICULTURAL GUEST WORKERS.

    (a) In General.--Section 214(c)(14) of the Immigration and 
Nationality Act (8 U.S.C. 1184(c)(14)) is amended--
            (1) in subparagraph (A), by striking ``of Homeland 
        Security'' each place it appears and inserting ``of Labor'';
            (2) by striking subparagraph (B);
            (3) by redesignating subparagraphs (C) and (D) as 
        subparagraphs (B) and (C), respectively; and
            (4) by adding at the end the following:
                    ``(D) The Secretary of Labor is authorized to take 
                such actions, including imposing appropriate penalties 
                and seeking appropriate injunctive relief and specific 
                performance of contractual obligations, as may be 
                necessary to assure employer compliance with the terms 
                and conditions required under this Act for employing 
                nonimmigrant workers described in section 
                101(a)(15)(H)(ii)(b), and as required under the 
                Increasing American Wages and Benefits Act of 2007. The 
                authority of the Secretary of Labor under this 
                subparagraph shall not preempt any other rights which 
                affected persons may have under Federal or State law.
                    ``(E) Any aggrieved person whose wages or working 
                conditions have been directly and adversely affected by 
                an employer in violation of applicable laws and 
                regulations governing the employment of nonimmigrant 
                workers described in section 101(a)(15)(H)(ii)(b), or 
                by a violation of the terms and conditions of 
                employment, may bring a civil action against such 
                employer in the appropriate district court of the 
                United States. Such cause of action shall not be 
                subject to exhaustion of administrative remedies and 
                shall be in addition to any other causes of action and 
                remedies that may exist.
                    ``(F) Notwithstanding any other provision of law, 
                the Legal Services Corporation may provide legal 
                services on behalf of nonimmigrant workers described in 
                section 101(a)(15)(H)(ii)(b) regarding the terms and 
                conditions of employment, transportation, and housing 
                and other provisions of law applicable to the 
                employment of such nonimmigrants.''.
    (b) Report.--Section 214(g)(10) of the Immigration and Nationality 
Act (8 U.S.C. 1184(g)(10)) is amended--
            (1) by inserting ``(A)'' after ``(10)''; and
            (2) by adding at the end the following:
                    ``(B) Each employer that hires a nonimmigrant 
                worker described in section 101(a)(15)(H)(ii)(b) 
                shall--
                            ``(i) notify the Secretary of Labor not 
                        later than 30 days after the conclusion of each 
                        such nonimmigrant's term of employment; and
                            ``(ii) submit to the Secretary of Labor 
                        employment payroll records and similar 
                        documentation showing that the employer paid 
                        the required prevailing wage and 
                        transportation, and other expenses required 
                        under this section and section 212.''.

SEC. 582. RECRUITMENT OF UNITED STATES WORKERS.

    Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) 
is amended--
            (1) in subsection (p)(3), by striking ``(a)(5)(A), 
        (n)(1)(A)(i)(II),'' and inserting ``(n)(1)(A)(i)(II)'';
            (2) by redesignating subsection (t) (as added by section 
        1(b)(2)(B) of Public Law 108-449) as subsection (u); and
            (3) by adding at the end the following:
    ``(v)(1) Except as provided under paragraph (5), an employer that 
seeks to employ an alien described in section 101(a)(15)(H)(ii)(b) 
(referred to in this subsection as an `H-2B nonimmigrant') shall take 
the following steps to recruit United States workers for the position 
for which the alien is sought not later than 14 days before filing an 
application under paragraph (3):
            ``(A) The employer shall submit a copy of the job offer, 
        including a description of the wages and other terms and 
        conditions of employment, to the State Workforce Agency that 
        serves the area of employment in the State in which the 
        employer is located (referred to in this subsection as the 
        `SWA'). The SWA shall provide the employer with an 
        acknowledgment of receipt of such documentation in accordance 
        with this paragraph.
            ``(B) The employer shall authorize the SWA to post the job 
        opportunity on the Internet through the web site for `America's 
        Job Bank', with local job banks, and with unemployment agencies 
        and other labor referral and recruitment sources pertinent to 
        such job opportunity.
            ``(C) The employer shall authorize the SWA to provide 
        notification of the job opportunity, and the SWA shall 
        designate that these are job opportunities for which H-2B visas 
        have been requested, to--
                    ``(i) the central office of the State Federation of 
                Labor in the State in which the job is located; and
                    ``(ii) the office of the local union which 
                represents the employees in the same or substantially 
                equivalent job classification, if applicable.
            ``(D) The employer shall post the availability of the job 
        opportunity for which the employer is seeking a worker in 
        conspicuous locations at the place of employment for all 
        employees to see.
            ``(E) The employer shall advertise the availability of the 
        job opportunity for which the employer is seeking a worker in a 
        publication with the highest circulation in the labor market 
        that is likely to be patronized by a potential worker for at 
        least 5 consecutive days.
            ``(F) Based on recommendations by the local job service, 
        the employer shall advertise the availability of the job 
        opportunity in professional, trade, or local minority and 
        ethnic publications that are likely to be patronized by a 
        potential worker.
    ``(2) An employer that seeks to employ an H-2B nonimmigrant shall--
            ``(A) first offer the job to any eligible United States 
        worker who--
                    ``(i) applies;
                    ``(ii) is qualified for the job; and
                    ``(iii) is available at the time of need; and
            ``(B) maintain, for at least 3 years after the employment 
        relation is terminated, documentation of recruitment efforts 
        and responses conducted and received before filing an 
        application with the Department of Labor, including--
                    ``(i) resumes;
                    ``(ii) applications; and
                    ``(iii) tests of United States workers who applied 
                and were not hired for the job the employer seeks to 
                fill with a nonimmigrant worker, if applicable.
    ``(3) An employer that seeks to hire an H-2B nonimmigrant shall 
submit an application to the Secretary of Labor that includes a 
certification, under penalty of perjury, that--
            ``(A) the employer has not made a job offer to a United 
        States worker, which imposed restrictions or obligations that 
        will not be imposed on an H-2B nonimmigrant;
            ``(B) the employer has complied with the recruitment 
        requirements under paragraph (1);
            ``(C) the employer will offer an H-2B nonimmigrant not less 
        than the same benefits and working conditions provided to 
        United States workers similarly employed in the same 
        occupational classification at the same actual place of 
        employment in addition to paying an H-2B nonimmigrant a 
        prevailing wage rate not less than the wage rate offered to 
        United States workers;
            ``(D) there is currently no strike, lockout, or labor 
        dispute (as defined in section 2(9) of the Labor-Management 
        Relations Act (29 U.S.C. 152(9)), at the same place of 
        employment, which affects employees in the same occupational 
        classification in which an H-2B nonimmigrant will be employed;
            ``(E) the employer will comply with all applicable laws and 
        regulations relating to the right of workers to join or 
        organize a union (including rights protected under section 7 of 
        the Labor-Management Relations Act (29 U.S.C. 157));
            ``(F) the employer has--
                    ``(i) provided notice of the filing of an 
                application to the bargaining representative of 
                employees, if any, working in the same occupational 
                classification at the place of employment as an H-2B 
                nonimmigrant who the employer intends to employ; or
                    ``(ii) if there is no such bargaining 
                representative, posted notice of filing such 
                application in conspicuous locations at the place of 
                employment for all employees to see for not fewer than 
                14 business days; and
            ``(G) the requirements applicable to the job, which the 
        employer intends to hire an H-2B nonimmigrant to perform, 
        represent the actual minimum requirements applicable to that 
        job and the employer will not hire an H-2B nonimmigrant to 
        perform the job who has less training or experience than the 
        employer's other employees.
    ``(4)(A) An employer that applies to hire an H-2B nonimmigrant 
shall hire any qualified United States worker who applies for the job 
for which such nonimmigrant was intended to be employed if such United 
States worker applies before the date that is 30 days before the date 
on which the last such H-2B nonimmigrant is scheduled to begin work for 
such employer.
    ``(B) The Secretary of Labor, through the workforce agency of a 
State, as appropriate, shall provide information about applications for 
H-2B nonimmigrants, including information about domestic workers who 
apply for jobs but are not hired, to a United States worker, nonprofit 
organization, or union not later than 48 hours after such worker, 
organization, or union requests such information.''.

SEC. 583. PREVAILING WAGES FOR UNITED STATES WORKERS AND H-2B WORKERS.

    Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182), 
as amended by section 102, is further amended by adding at the end the 
following:
    ``(w)(1) No alien may be admitted or provided status as a 
nonimmigrant under section 101(a)(15)(H)(ii)(b) in an occupational 
classification unless the Secretary of Labor certifies that the 
employer--
            ``(A) is offering and will offer during the period of 
        authorized employment to aliens admitted or provided such 
        status the wage rate set forth in the collective bargaining 
        agreement, if the job opportunity is covered by a collective 
        bargaining agreement;
            ``(B) if the job opportunity is not covered by a collective 
        bargaining agreement, the wage the employer is offering and 
        will offer, to any alien or United States worker employed by or 
        offered employment by the employer, during the period of 
        authorized employment for aliens admitted or provided such 
        status, wages that are not less than the higher of--
                    ``(i) the wage determination, if any, issued 
                pursuant to subchapter IV of chapter 31 of title 40, 
                United States Code (commonly known as the `Davis-Bacon 
                Act');
                    ``(ii) the wage determination, if any, issued 
                pursuant to the Service Contract Act of 1965 (41 U.S.C. 
                351 et seq.);
                    ``(iii) the median rate of the highest 66 percent 
                of the wage data applicable to such occupational 
                classification under the most recently published 
                Occupational Employment Statistics Survey, compiled by 
                the Bureau of Labor Statistics; or
                    ``(iv) a wage that is not less than 150 percent of 
                the Federal minimum wage in effect under the Fair Labor 
                Standards Act (29 U.S.C. 201 et seq.); and
            ``(C) will provide working conditions for such alien that 
        will not adversely affect the working conditions of workers 
        similarly employed.
    ``(2) An employer may not appeal a decision of the Secretary of 
Labor concerning the wages required to be paid under paragraph (1)(A) 
unless United States workers and their labor representatives are given 
the opportunity to submit contrary evidence or appeal that such 
required wages are too low.
    ``(3) An employer may not hire a nonimmigrant described in section 
101(a)(15)(H)(ii)(b) unless--
            ``(A) real prevailing wages in the occupational 
        classification in which such nonimmigrant is to be hired are at 
        least 3 percent higher than such wages during the preceding 
        year under the Occupational Employment Statistics Survey 
        compiled by the Bureau of Labor Statistics; or
            ``(B) the employer offers to pay the H-2B worker or a 
        United States worker a wage in the occupational classification 
        in which such worker is to be hired that is at least 3 percent 
        higher during the preceding year, after adjusting for inflation 
        under the Occupational Employment Survey.''.

SEC. 584. CERTIFICATION REQUIREMENT.

    Section 214(c)(14) of the Immigration and Nationality Act, as 
amended by section 101, is further amended by adding at the end the 
following:
    ``(G) A petition by an employer seeking to hire an alien described 
in section 101(a)(15)(H)(ii)(b) shall not be approved until the 
employer has provided written certification, under penalty of perjury, 
to the Secretary of Labor that--
            ``(i) the employer has not been required under law to 
        provide a notice of a mass layoff pursuant to the Worker 
        Adjustment and Retraining Notification Act (29 U.S.C. 2101 et 
        seq.) during the 12-month period immediately preceding the date 
        on which the alien is to be hired; and
            ``(ii) the employer does not intend to provide a notice of 
        a mass layoff pursuant to such Act.
    ``(H) If an employer is required under law to provide a notice of a 
mass layoff pursuant to such Act after hiring nonimmigrants granted 
status under section 101(a)(15)(H)(ii)(b), the status of such 
nonimmigrants shall expire on the date that is 60 days after the date 
on which such notice is provided.
    ``(I) An employer shall be exempt from the requirements under 
subparagraphs (G) and (H) if the employer provides written 
certification, under penalty of perjury, that the total number of the 
employer's employees in the United States will not be reduced as a 
result of a mass layoff.''.

SEC. 585. PROTECTIONS FOR WORKERS.

    Section 214(c)(14) of the Immigration and Nationality Act, as 
amended by section 104, is further amended by adding at the end the 
following:
                    ``(J) Employers who hire nonimmigrants described in 
                section 101(a)(15)(H)(ii)(b) shall reimburse the 
                nonimmigrants for the reasonable transportation costs 
                incurred by such nonimmigrants and United States 
                workers to initially reach the job site and, once the 
                period of employment for the job opportunity is 
                completed, to return to their countries of origin or to 
                the next place of employment, if the worker has 
                contracted with a subsequent employer who has not 
                agreed to provide or pay for the worker's 
                transportation to such subsequent employer's place of 
                employment. The amount of reimbursement for such 
                transportation expenses shall not exceed the lesser 
                of--
                            ``(i) the actual cost to the worker or 
                        alien of the transportation and subsistence 
                        involved; or
                            ``(ii) the most economical and reasonable 
                        common carrier transportation charges and 
                        subsistence costs for the distance involved.
                    ``(K)(i) Employers who hire nonimmigrants described 
                in section 101(a)(15)(H)(ii)(b) shall guarantee to 
                offer the worker employment for at least 75 percent of 
                the workdays of the total periods during which the work 
                contract and all extensions of such contract are in 
                effect, beginning with the first workday after the 
                arrival of the worker at the place of employment and 
                ending on the expiration date specified in the work 
                contract or in its extensions, if any.
                    ``(ii) If the employer affords a worker during the 
                total work contract period less employment than that 
                required under this subparagraph, the employer shall 
                pay the worker the amount which the worker would have 
                earned had the worker worked for the guaranteed number 
                of days.
                    ``(iii) In this subparagraph, the term `workday'--
                            ``(I) means a day in which the worker is 
                        offered the number of hours stated in the job 
                        order; and
                            ``(II) excludes the worker's Sabbath and 
                        Federal holidays.
                    ``(iv) A work guarantee does not meet the 
                requirements under this subparagraph unless the number 
                of hours of work offered by the employer is equal to 
                not less than the product of--
                            ``(I) 75 percent of the workdays; 
                        multiplied by
                            ``(II) the average number of hours per day 
                        stated in the job order.
                    ``(v) A worker may be offered more than the 
                specified hours of work on a single workday.
                    ``(vi) The employer may not require, for purposes 
                of meeting the work guarantee, that the worker work 
                longer than the number of hours specified in the job 
                order on a workday, the worker's Sabbath, or a Federal 
                holiday.
                    ``(L) If the job opportunity is not covered by the 
                State workers' compensation law, the employer will 
                provide, at no cost to the worker, insurance covering 
                injury and disease arising out of, and in the course 
                of, the worker's employment which will provide benefits 
                at least equal to those provided under the State's 
                workers' compensation law for comparable employment.''.

SEC. 586. PETITIONS BY EMPLOYERS THAT HAVE SIGNED LABOR AGREEMENTS WITH 
              UNIONS THAT OPERATE HIRING HALLS.

    Section 212(v) of the Immigration and Nationality Act, as added by 
section 102, is amended by adding at the end the following:
            ``(5) An employer that seeks to hire an H-2B nonimmigrant 
        may file an application with the Secretary of Labor in 
        accordance with this paragraph, instead of complying with 
        paragraphs (1) through (4), if--
                    ``(A) the employer has signed a labor agreement 
                with a labor organization (as defined in section 2(5) 
                of the Labor-Management Relations Act (29 U.S.C. 
                152(5)) under which the labor organization is 
                responsible for referring applicants for employment to 
                the employer under a procedure commonly known as a 
                `hiring hall' or `referral hall'; and
                    ``(B) the application is accompanied by a written 
                statement prepared by the labor organization attesting 
                that--
                            ``(i) the labor organization operates a 
                        hiring hall that, pursuant to contractual 
                        agreement and actual practice, is a source of 
                        employees in the same or substantially 
                        equivalent occupational classification in which 
                        the employer seeks to employ an H-2B 
                        nonimmigrant;
                            ``(ii) the labor organization does not have 
                        a sufficient number of qualified applicants 
                        available for referral in the same or 
                        substantially equivalent occupational 
                        classification in which the employer seeks to 
                        employ an H-2B nonimmigrant;
                            ``(iii) the labor organization has 
                        advertised, for at least 5 consecutive days, 
                        the availability of the job opportunity for 
                        which the employer is seeking to employ an H-2B 
                        nonimmigrant in the publication with the 
                        highest circulation in the labor market that is 
                        likely to be patronized by potential 
                        applicants;
                            ``(iv) the employer is contractually 
                        obligated to pay all employees, in the same or 
                        substantially equivalent occupational 
                        classification in which the employer seeks to 
                        employ an H-2B nonimmigrant, wages and benefits 
                        set forth in a labor agreement with the labor 
                        organization, which equals or exceeds the 
                        prevailing wage rate the employer would be 
                        obligated to pay; and
                            ``(v) the H-2B nonimmigrants who the 
                        employer seeks to employ will be paid not less 
                        than the same wages and benefits and be subject 
                        to the same terms and conditions of employment 
                        set forth in the employer's labor agreement 
                        with the labor organization.''.

SEC. 587. H-2B NONIMMIGRANT LABOR CERTIFICATION APPLICATION FEES.

    (a) Establishment of Fees.--Section 212(a)(5)(A) of the Immigration 
and Nationality Act (8 U.S.C. 1182(a)(5)(A)) is amended by adding the 
following:
                            ``(v) Establishment of h-2b employment 
                        certification application fee.--
                                    ``(I) In general.--The Secretary of 
                                Labor shall impose a fee on an employer 
                                that submits an application for an 
                                employment certification for aliens 
                                granted nonimmigrant status under 
                                section 101(a)(15)(H)(ii)(b) to the 
                                Secretary of Labor under this 
                                subparagraph on or after the date that 
                                is 30 days after the date of enactment 
                                of the Increasing American Wages and 
                                Benefits Act of 2007.
                                    ``(II) Fee during initial year.--
                                During the period beginning 30 days 
                                after the date of enactment of the 
                                Increasing American Wages and Benefits 
                                Act of 2007 and ending 1 year after 
                                such date, the fee imposed under 
                                subclause (I) shall be $800 for each 
                                application.
                                    ``(III) Fee after initial year.--
                                After the date that is one year after 
                                the date of enactment of the Increasing 
                                American Wages and Benefits Act of 
                                2007, the fee imposed under subclause 
                                (I) shall be set at a level the 
                                Secretary of Labor determines will 
                                ensure recovery of the full costs of 
                                carrying out labor certification 
                                activities under this subparagraph and 
                                will recover any additional costs 
                                associated with the administration of 
                                the fees collected.
                                    ``(IV) Prohibition on employer 
                                accepting reimbursement of fee.--
                                            ``(aa) In general.--An 
                                        employer subject to a fee under 
                                        this clause shall not require 
                                        or accept reimbursement, 
                                        directly or indirectly, of or 
                                        other compensation for all or 
                                        part of the cost of such fee.
                                            ``(bb) Civil penalty.--If 
                                        the Secretary of Labor 
                                        determines, after notice and 
                                        opportunity for a hearing, that 
                                        a violation of item (aa) has 
                                        occurred, the Secretary of 
                                        Labor may impose a civil 
                                        penalty in an amount not to 
                                        exceed $5,000 per violation.
                                    ``(V) Deposit of fees and 
                                penalties.--Fees and civil penalties 
                                collected under this clause shall be 
                                deposited in the `H-2B Employment 
                                Certification Application Fee Account' 
                                established under section 286(x).''.
    (b) Establishment of Account and Use of Fund.--Section 286 of the 
Immigration and Nationality Act (8 U.S.C. 1356) is amended by adding at 
the end the following:
    ``(x) H-2B Employment Certification Application Fee Account.--
            ``(1) Establishment of account.--There is established in 
        the general fund of the Treasury a separate account, which 
        shall be known as the `H-2B Employment Certification 
        Application Fee Account'. Notwithstanding any other provision 
        of this title, there shall be deposited as offsetting receipts 
        into the account all amounts from the fees and civil penalties 
        collected under section 212(a)(5)(A)(v).
            ``(2) Use of fees.--Of the amounts deposited into the H-2B 
        Employment Certification Application Fee Account under this 
        subsection in each fiscal year, the Secretary of Labor shall 
        use such amounts as the Secretary of Labor determines are 
        necessary for the costs of Federal administration, including 
        personnel, in carrying out labor certification activities under 
        section 212(a)(5)(A), and to assist the States, as appropriate, 
        in the determination of prevailing wages for purposes of 
        carrying out such section.
            ``(3) Availability of funds.--The fees deposited into the 
        H-2B Employment Certification Application Fee Account under 
        this subsection shall remain available until expended for the 
        activities described in paragraph (2).''.
    (c) Program Integrity.--Section 212(a)(5)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(5)(A)), as amended by subsection (a), 
is further amended by adding at the end the following:
                            ``(vi) Program integrity regulations.--The 
                        Secretary of Labor may prescribe such 
                        regulations as may be necessary to ensure the 
                        integrity of the labor certification process 
                        carried out under this subparagraph. Such 
                        regulations may include standards and 
                        procedures under which employers and their 
                        representatives are excluded from participation 
                        in the labor certification process under this 
                        subparagraph.''.

            CHAPTER 4--ADJUSTMENTS TO THE EB-5 VISA PROGRAM

SEC. 591. PERMANENT REAUTHORIZATION OF EB-5 REGIONAL CENTER PROGRAM; 
              APPLICATION FEE.

    (a) In General.--Section 610 of the Departments of Commerce, 
Justice, and State, the Judiciary, and Related Agencies Appropriations 
Act, 1993 (8 U.S.C. 1153 note) is amended--
            (1) by striking ``pilot'' each place it appears;
            (2) in subsection (b), by striking ``for 15 years''; and
            (3) by adding at the end the following:
    ``(e) In addition to any other fees authorized by law, the 
Secretary of Homeland Security shall impose a fee of $2,500 to apply 
for designation as a regional center under this section. Fees collected 
under this subsection shall be deposited in the Treasury in accordance 
with section 286(y) of the Immigration and Nationality Act (8 U.S.C. 
1356(y)).''.
    (b) Establishment of Account; Use of Fees.--Section 286 of the 
Immigration and Nationality Act (8 U.S.C. 1356) is amended by adding at 
the end the following:
    ``(y) Immigrant Entrepreneur Regional Center Account.--
            ``(1) In general.--There is established in the general fund 
        of the Treasury a separate account, which shall be known as the 
        `Immigrant Entrepreneur Regional Center Account'. 
        Notwithstanding any other provision of law, there shall be 
        deposited as offsetting receipts into the account all fees 
        collected under section 610(b) of the Departments of Commerce, 
        Justice, and State, the Judiciary, and Related Agencies 
        Appropriations Act, 1993 (8 U.S.C. 1153 note) and any fees 
        collected in connection with forms I-526 or I-829.
            ``(2) Use of fees.--Fees collected under this section may 
        only be used by the Secretary of Homeland Security to 
        administer and operate the employment creation program 
        described in section 203(b)(5).''.
    (c) Rulemaking.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall 
prescribe regulations to implement the amendments made by this section.
    (d) Effective Date.--The amendments made by subsections (a)(3) and 
(b) shall take effect on the effective date of the regulations 
prescribed pursuant to subsection (c). The remaining amendments made by 
this section shall take effect on the date of the enactment of this 
Act.

SEC. 592. PREMIUM PROCESSING FEE FOR EB-5 IMMIGRANT INVESTORS.

    Section 286(u) of the Immigration and Nationality Act (8 U.S.C. 
1356(u)) is amended by adding at the end the following: ``In the case 
of a petition filed under section 204(a)(1)(H) for classification under 
section 203(b)(5), if the petitioner desires a guarantee of a decision 
on the petition in 60 days or less, the premium fee under this 
subsection shall be set at $2,500 and shall be deposited as offsetting 
receipts in the Immigrant Entrepreneur Regional Center Account 
established under subsection (y).''.

SEC. 593. CONCURRENT FILING OF EB-5 PETITIONS AND APPLICATIONS FOR 
              ADJUSTMENT OF STATUS.

    Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) 
is amended by adding at the end the following:
    ``(n) If, at the time a petition is filed for classification 
through a regional center under section 203(b)(5), approval of the 
petition would make a visa immediately available to the alien 
beneficiary, the alien beneficiary's adjustment application under this 
section shall be considered to be properly filed whether the 
application is submitted concurrently with, or subsequent to, the visa 
petition.''.

SEC. 594. IMPROVED SET-ASIDE FOR TARGETED EMPLOYMENT AREAS.

    Section 203(b)(5)(B) of the Immigration and Nationality Act (8 
U.S.C. 1153(b)(5)(B)) is amended as follows:
            (1) Targeted employment area defined.--Clause (ii) is 
        amended to read as follows:
                            ``(ii) Targeted employment area defined.--
                        In this paragraph, the term `targeted 
                        employment area' means, at the time a petition 
                        for classification under this paragraph is 
                        filed, any of the following:
                                    ``(I) A rural area.
                                    ``(II) An area that has experienced 
                                high unemployment (of at least 150 
                                percent of the national average rate).
                                    ``(III) A county that has had a 20 
                                percent or more decrease in population 
                                since 1970.
                                    ``(IV) An area that is within the 
                                boundaries established for purposes of 
                                a State or Federal economic development 
                                incentive program, including areas 
                                defined as Enterprise Zones, Renewal 
                                Communities and Empowerment Zones.
                                    ``(V) An area designated by a State 
                                agency to which the Governor has 
                                delegated the authority to designate 
                                targeted employment areas within the 
                                State.''.
            (2) Rural area defined.--Clause (iii) is amended by 
        striking ``other than an area within a metropolitan statistical 
        area or''.
            (3) Effect of prior determination.--Such section is amended 
        by adding at the end the following:
                            ``(iv) Effect of prior determination.--In a 
                        case in which a geographic area is determined 
                        under clause (ii) to be a targeted employment 
                        area, such determination shall remain in effect 
                        during the 2-year period beginning on the date 
                        of the determination for purposes of any alien 
                        seeking a visa reserved under this 
                        subparagraph.''.

SEC. 595. SET-ASIDE OF VISAS FOR REGIONAL CENTER PROGRAM.

    Section 610(b) of the Departments of Commerce, Justice, and State, 
the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 
1153 note) is amended by striking ``3,000'' and inserting ``10,000''.

SEC. 596. EXTENSION.

    Subparagraph (A) of section 216A(d)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1186b(d)(2)(A)) is amended by adding at the 
end the following: ``A date specified by the applicant (but not later 
than the fourth anniversary) shall be substituted for the second 
anniversary in applying the preceding sentence if the applicant 
demonstrates that the applicant has attempted to follow his business 
model in good faith, provides an explanation for the delay in filing 
the petition that is based on circumstances outside of the applicant's 
control, and demonstrates that such circumstances will be able to be 
resolved within the specified period.''.

SEC. 597. STUDY.

    (a) In General.--The Secretary of the Department of Homeland 
Security, in appropriate consultation with the Secretary of Commerce 
and other interested parties, shall conduct a study concerning the 
following:
            (1) Current job creation counting methodology and initial 
        projections under section 203(b)(5) of the Immigration and 
        Nationality Act (8 U.S.C. 1153(b)(5)).
            (2) How best to promote the employment creation program 
        described in such section overseas to potential immigrant 
        investors.
    (b) Report.--The Secretary of Homeland Security shall submit a 
report to the Congress not later than 1 year after the date of the 
enactment of this Act containing the results of the study conducted 
under subsection (a).

SEC. 598. FULL-TIME EQUIVALENTS.

    (a) In General.--Section 203(b)(5)(A)(ii) of the Immigration and 
Nationality Act (8 U.S.C. 1153(b)(5)(A)(ii)) is amended by inserting 
``(or full-time equivalent)'' after ``full-time''.
    (b) Definition.--Section 203(b)(5)(D) of such Act (8 U.S.C. 
1153(b)(5)(D)) is amended to read as follows:
                    ``(D) Employment-related definitions.--
                            ``(i) Full-time employment defined.--In 
                        this paragraph, the term `full-time employment' 
                        means employment in a position that requires at 
                        least 35 hours of service per week at any time, 
                        regardless of who fills the position.
                            ``(ii) Full-time equivalent employment 
                        defined.--In this paragraph, the term `full-
                        time equivalent employment' means employment 
                        representing the number of full-time employees 
                        that could have been employed if the reported 
                        number of hours worked by part-time employees 
                        had been worked by full-time employees. This 
                        shall be calculated by dividing the part-time 
                        hours paid by the standard number of hours for 
                        full-time employees.''.

SEC. 599. ELIGIBILITY FOR ADJUSTMENT OF STATUS.

    Section 245(k) of the Immigration and Nationality Act (8 U.S.C. 
1255(k)) is amended, in the matter preceding paragraph (1), by striking 
``(1), (2), or (3)'' and inserting ``(1), (2), (3), or (5)''.

SEC. 599A. EXPANSION OF EB-5 ELIGIBILITY TO INCLUDE QUALIFIED 
              IMMIGRANTS WHO COMPLETE INVESTMENT AGREEMENTS.

    (a) Changes to Investment Criteria.--Section 203(b)(5)(A) of the 
Immigration and Nationality Act (8 U.S.C. 1153(b)(5)(A)) is amended--
            (1) in the matter preceding clause (i), by striking 
        ``partnership)--'' and inserting ``partnership) as follows:''
            (2) in clause (i)--
                    (A) by striking ``(i) in which'' and inserting the 
                following:
                            ``(i) A new commercial enterprise--
                                    ``(I) in which'';
                    (B) by striking ``, and'' at the end and inserting 
                a semicolon; and
                    (C) by adding at the end the following:
                                    ``(II) with respect to which such 
                                alien has completed an investment 
                                agreement with a qualified venture 
                                capital operating company for an 
                                investment in the enterprise of an 
                                amount not less than the amount 
                                specified in subparagraph (C); or
                                    ``(III) with respect to which such 
                                alien has completed an investment 
                                agreement with 1 or more angel 
                                investors for an investment in the 
                                enterprise of an amount not less than 
                                the amount specified in subparagraph 
                                (C).''; and
            (3) in clause (ii)--
                    (A) by striking ``(ii) which will'' and inserting 
                the following:
                            ``(ii) In the case of an enterprise--
                                    ``(I) described in clause (i)(I), 
                                which will'';
                    (B) by striking the period at the end and inserting 
                ``; or''; and
                    (C) by adding at the end the following:
                                    ``(II) described in subparagraph 
                                (II) or (III) of clause (i), which will 
                                benefit the United States economy and 
                                create full-time employment for not 
                                fewer than 5 United States citizens or 
                                aliens lawfully admitted for permanent 
                                residence or other immigrants lawfully 
                                authorized to be employed in the United 
                                States (other than the immigrant and 
                                the immigrant's spouse, sons, or 
                                daughters).''.
    (b) Changes to Capital Requirements.--Section 203(b)(5)(C)(i) of 
such Act (8 U.S.C. 1153(b)(5)(C)(i)) is amended by inserting after 
``$1,000,000'' the following: ``in the case of an enterprise described 
in subparagraph (A)(i)(I), $500,000 in the case of an enterprise 
described in subparagraph (A)(i)(II), and $500,000 in the case of an 
enterprise described in subparagraph (A)(i)(III)''.
    (c) Definitions.--Section 203(b)(5) of such Act (8 U.S.C. 
1153(b)(5)) is amended by adding at the end the following:
                    ``(E) Qualified venture capital operating company 
                defined.--In this paragraph, the term `qualified 
                venture capital operating company' means an entity 
                that--
                            ``(i) is registered under the Investment 
                        Company Act of 1940 (15 U.S.C. 80a-1 et seq.); 
                        or
                            ``(ii) is an investment company, as defined 
                        in subsection (a)(1) of section 3 of such Act 
                        (15 U.S.C. 80a-3), that is exempt from 
                        registration under subsection (c)(1) or (c)(7) 
                        of such section, is not registered, and--
                                    ``(I) is organized or incorporated, 
                                and domiciled, in the United States, 
                                and the majority ownership of which is 
                                composed of United States citizens or 
                                aliens lawfully admitted to the United 
                                States for permanent residence; or
                                    ``(II) is owned or controlled by an 
                                entity that is organized or 
                                incorporated, and domiciled, in the 
                                United States, and the majority 
                                ownership of that entity is composed of 
                                United States citizens or aliens 
                                lawfully admitted to the United States 
                                for permanent residence.
                    ``(F) Angel investor defined.--In this paragraph, 
                the term `angel investor' means--
                            ``(i) any individual who is a United States 
                        citizen or an alien lawfully admitted to the 
                        United States for permanent residence, or any 
                        entity wholly owned and controlled by United 
                        States citizens or aliens lawfully admitted to 
                        the United States for permanent residence; or
                            ``(ii) any entity that has made at least 5 
                        angel investments totaling at least $500,000 
                        during the 3 years preceding the completion of 
                        an investment agreement described in 
                        subparagraph (A)(i)(III).
                    ``(G) Angel investment.--In this paragraph, the 
                term `angel investment' means an investment made in a 
                commercial enterprise that, prior to such investment, 
                was not owned or controlled by--
                            ``(i) the investor;
                            ``(ii) any member of the immediate family 
                        of the investor; or
                            ``(iii) any entity owned or controlled by 
                        any member of the immediate family of the 
                        investor.''.
    (d) Conforming Amendments to Conditional Permanent Status 
Provisions.--
            (1) Termination of status if finding that qualifying 
        entrepreneurship improper.--Section 216A(b)(1)(B) of such Act 
        (8 U.S.C. 1186b(b)(1)(B)) is amended to read as follows:
                    ``(B)(i) the alien--
                            ``(I) did not invest, or was not actively 
                        in the process of investing, the requisite 
                        capital described in section 
                        203(b)(5)(A)(i)(I), or was not sustaining such 
                        actions throughout the period of the alien's 
                        residence in the United States; or
                            ``(II) did not complete an investment 
                        agreement described in subclause (II) or (III) 
                        of section 203(b)(5)(A)(i), or such agreement 
                        was not carried out or was not actively in the 
                        process of being carried out; or
                    ``(ii) the commercial enterprise did not--
                            ``(I) create the minimum number of jobs 
                        required to be created under section 
                        203(b)(5)(A)(ii); or
                            ``(II) generate a profit and at least 
                        $1,000,000 in revenue; or''.
            (2) Contents of petition.--Section 216A(d)(1) of such Act 
        (8 U.S.C. 1186b(d)(1)) is amended--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``that the alien--'' and inserting ``that--'';
                    (B) by amending subparagraph (A) to read as 
                follows:
                    ``(A)(i) the alien--
                            ``(I) invested, or was actively in the 
                        process of investing, the requisite capital 
                        described in section 203(b)(5)(A)(i)(I), and 
                        sustained such actions throughout the period of 
                        the alien's residence in the United States; or
                            ``(II) completed an investment agreement 
                        described in subclause (II) or (III) of section 
                        203(b)(5)(A)(i), and such agreement was carried 
                        out or was actively in the process of being 
                        carried out; and
                    ``(ii) the commercial enterprise--
                            ``(I) created the minimum number of jobs 
                        required to be created under section 
                        203(b)(5)(A)(ii); or
                            ``(II) generated a profit and at least 
                        $1,000,000 in revenue; and''; and
                    (C) in subparagraph (B), by inserting ``the alien'' 
                before ``is otherwise''.

                       CHAPTER 5--EFFECTIVE DATE

SEC. 599B. APPLICATION.

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

                 TITLE VI--INTEGRATION OF NEW AMERICANS

                   Subtitle A--Citizenship Promotion

SEC. 601. IMMIGRATION SERVICE FEES.

    (a) In General.--Subsection (m) of section 286 of the Immigration 
and Nationality Act (8 U.S.C. 1356(m)) is amended to read as follows:
    ``(m) Immigration Service Fees.--
            ``(1) In general.--Except as provided in paragraph (2) and 
        notwithstanding any other provision of law, all adjudication 
        fees as are designated by the Secretary of Homeland Security in 
        regulations shall be deposited as offsetting receipts into a 
        separate account entitled `Immigration Examinations Fee 
        Account' in the Treasury of the United States, whether 
        collected directly by the Secretary or through clerks of 
        courts.
            ``(2) Virgin islands and guam.--All fees received by the 
        Secretary of Homeland Security from applicants residing in the 
        Virgin Islands of the United States, or in Guam, under this 
        subsection shall be paid over to the treasury of the Virgin 
        Islands or to the treasury of Guam, respectively.
            ``(3) Fees for immigration services.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                Secretary of Homeland Security may set fees for 
                providing immigration services at a level that will--
                            ``(i) ensure recovery of the full costs of 
                        providing such services, or a portion thereof, 
                        including the costs of similar services 
                        provided without charge to asylum applicants or 
                        other immigrants; and
                            ``(ii) recover the full cost of 
                        administering the collection of fees under this 
                        paragraph, or a portion thereof.
                    ``(B) Report requirement.--The Secretary of 
                Homeland Security may not increase any fee under this 
                paragraph above the level of such fee on the day before 
                the date of the introduction of the Citizenship 
                Promotion Act of 2009, until--
                            ``(i) the Secretary submits to the 
                        Committee on the Judiciary of the Senate and 
                        the Committee on the Judiciary of the House of 
                        Representatives a report that--
                                    ``(I) identifies the direct and 
                                overhead costs associated with 
                                providing immigration services, and 
                                distinguishes such costs from 
                                immigration enforcement and national 
                                security costs;
                                    ``(II) identifies the costs 
                                allocable to providing the premium 
                                processing services to business 
                                customers prescribed by section 286(u) 
                                of this Act; describes the extent to 
                                which the fee prescribed in that 
                                section is set at a level that ensures 
                                recovery of those costs; and identifies 
                                the amount of funding that is being 
                                allocated for the infrastructure 
                                improvements in the adjudications and 
                                customer-service processes as 
                                prescribed by that section; and
                                    ``(III) contains information 
                                regarding the amount the fee will be 
                                increased; and
                            ``(ii) a period of 45 days has expired 
                        beginning on the date that the report in clause 
                        (i) is received by the committees described in 
                        such clause.
            ``(4) Waivers of fees for immigration services.--
                    ``(A) Except as otherwise provided in this 
                paragraph, any of the fees for immigration services 
                described in paragraph (3)(A) of this section may be 
                waived by the Department of Homeland Security in any 
                case under its jurisdiction in which the alien or other 
                party affected is able to substantiate that he or she 
                is unable to pay the prescribed fee. The person seeking 
                a fee waiver must file his or her affidavit, or unsworn 
                declaration made pursuant to section 1746 of title 28, 
                United States Code, asking for permission to prosecute 
                without payment of fee of the application, petition, 
                appeal, motion, or request, and stating his or her 
                belief that he or she is entitled to or deserving of 
                the benefit requested and the reasons for his or her 
                inability to pay. The officer of the Department of 
                Homeland Security having jurisdiction to render a 
                decision on the application, petition, appeal, motion, 
                or request may, in his or her discretion, grant the 
                waiver of fee. The payment of the additional sum 
                prescribed by section 245(i) of the Act when applying 
                for adjustment of status under section 245 of the Act 
                may not be waived. The fee for the employment-based 
                petitions and applications prescribed by section 286(u) 
                of the Act may not be waived.
                    ``(B) The Secretary of Homeland Security shall 
                prescribe by regulations the criteria that applicants 
                must meet for the approval of the waivers of fees in 
                subparagraph (A), and the documentation that applicants 
                must submit to substantiate that they meet such 
                criteria. The regulations shall include a form for the 
                affidavit or declaration described in subparagraph (A) 
                that must be completed by applicants for the waivers of 
                fees. An applicant shall be deemed to have 
                substantiated that he or she is unable to pay the 
                prescribed fee if--
                            ``(i) the individual has demonstrated that 
                        within 180 days of the receipt of the 
                        application, he or she qualified for or 
                        received any public benefit funded in whole or 
                        in part by funds provided by the Federal 
                        Government that the Federal agency 
                        administering the Federal funds has determined 
                        to be a Federal `means-tested public benefit' 
                        under the Personal Responsibility and Work 
                        Opportunity Reconciliation Act of 1996, Public 
                        Law 104-193; or
                            ``(ii) the individual has demonstrated that 
                        his or her annual household income is at or 
                        below 125 percent of the poverty level, as 
                        indicated in the most recent Federal poverty 
                        guidelines set by the Secretary of Health and 
                        Human Services.''.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the Secretary of Homeland Security should set fees 
        under section 286(m)(3) of the Immigration and Nationality Act 
        (8 U.S.C. 1356(m)(3)), as amended by subsection (a) of this 
        section, at a level that ensures recovery of only the direct 
        costs associated with the services described in such section 
        286(m)(3); and
            (2) Congress should appropriate to the Secretary of 
        Homeland Security such funds as may be necessary to cover the 
        indirect costs associated with the services described in such 
        section 286(m)(3).
    (c) Technical Amendment.--Section 286 of the Immigration and 
Nationality Act (8 U.S.C. 1356) is amended--
            (1) in subsections (d), (e), (f), (h), (i), (j), (k), (l), 
        (n), (o), (q), (t), and (u), by striking ``Attorney General'' 
        each place it appears and inserting ``Secretary of Homeland 
        Security'';
            (2) in subsection (i) of such section, by striking 
        ``Attorney General's'' and inserting ``Secretary's''; and
            (3) in subsection (r)--
                    (A) in paragraph (2), by striking ``Department of 
                Justice'' and inserting ``Department of Homeland 
                Security''; and
                    (B) in paragraphs (3) and (4), by striking 
                ``Attorney General'' each place it appears and 
                inserting ``Secretary of Homeland Security''.
    (d) Funding.--Fees and fines deposited in the Security and 
Prosperity Account under section 286(w)(3)(B) of the Immigration and 
Nationality Act may be used to carry out this section.

SEC. 602. ADMINISTRATION OF TESTS FOR NATURALIZATION; FULFILLMENT BY 
              ELDERLY PERSONS OF REQUIREMENT FOR NATURALIZATION 
              RELATING TO KNOWLEDGE OF ENGLISH LANGUAGE.

    (a) In General.--Subsection (a) of section 312 of the Immigration 
and Nationality Act (8 U.S.C. 1423) is amended to read as follows:
    ``(a) Naturalization Test.--
            ``(1) Requirements.--Except as otherwise provided in this 
        title, a person may not be naturalized as a citizen of the 
        United States upon the application of such person if such 
        person cannot demonstrate the following:
                    ``(A) An understanding of the English language, 
                including an ability to read, write, and speak words in 
                the ordinary usage in the English language.
                    ``(B) A knowledge and understanding of--
                            ``(i) the fundamentals of the history of 
                        the United States; and
                            ``(ii) the principles and form of 
                        government of the United States.
            ``(2) Testing.--
                    ``(A) Uniformity of test administration.--The 
                Secretary of Homeland Security, in administering any 
                test that the Secretary uses to determine whether an 
                applicant for naturalization as a citizen of the United 
                States has the proficiency and knowledge sufficient to 
                meet the requirements of paragraph (1), shall 
                administer such test uniformly throughout the United 
                States, including the application of the criteria set 
                forth in subparagraph (B).
                    ``(B) Consideration.--In selecting and phrasing 
                items in the administration of a test described in 
                subparagraph (A) and in evaluating the performance of 
                an applicant on such test, the Secretary shall consider 
                the following:
                            ``(i) The age of the applicant.
                            ``(ii) The education level of the 
                        applicant.
                            ``(iii) The amount of time the applicant 
                        has resided in the United States.
                            ``(iv) The efforts made by the applicant, 
                        and the opportunities available to the 
                        applicant, to acquire the knowledge and 
                        proficiencies required by paragraph (1).
                            ``(v) Such other factors as the Secretary 
                        considers appropriate.
                    ``(C) English language testing.--The requirement in 
                paragraph (1)(A) shall be satisfactorily met if an 
                applicant can--
                            ``(i) speak words in ordinary usage in the 
                        English language; and
                            ``(ii) read or write simple words and 
                        phrases in ordinary usage in the English 
                        language.
                    ``(D) Prohibition on extraordinary and unreasonable 
                conditions.--The Secretary may not impose any 
                extraordinary or unreasonable condition on any 
                applicant seeking to meet the requirements of paragraph 
                (1).''.
    (b) Promoting Citizenship Among the Elderly.--Subsection (b) of 
such section is amended--
            (1) in paragraph (1), by striking ``subsection (a)'' and 
        inserting ``subsection (a)(1)'';
            (2) by amending paragraph (2) to read as follows:
            ``(2) The requirement of subsection (a)(1)(A) shall not 
        apply to any person who, on the date of the filing of the 
        person's application for naturalization as provided in section 
        334--
                    ``(A) is over 50 years of age and has been living 
                in the United States for periods totaling at least 
                twenty years subsequent to a lawful admission for 
                permanent residence,
                    ``(B) is over 55 years of age and has been living 
                in the United States for periods totaling at least 15 
                years subsequent to a lawful admission for permanent 
                residence; or
                    ``(C) is over 60 years of age and has been living 
                in the United States for periods totaling at least 5 
                years subsequent to a lawful admission for permanent 
                residence.''.

SEC. 603. VOLUNTARY ELECTRONIC FILING OF APPLICATIONS.

    The Secretary of Homeland Security may not require that an 
applicant or petitioner for permanent residence or citizenship of the 
United States use an electronic method to file any application to, or 
access a customer account.

SEC. 604. TIMELY BACKGROUND CHECKS.

    (a) Study.--
            (1) In general.--The Comptroller General of the United 
        States shall conduct a study on the process used by the 
        Department of Justice or the Department of Homeland Security on 
        the day before the date of the enactment of this Act to conduct 
        a background check on an applicant for citizenship of the 
        United States.
            (2) Report.--Not later than 1 year after the date of the 
        enactment of this Act and annually thereafter, the Comptroller 
        General of the United States shall report to Congress on the 
        findings of the study required by paragraph (1).
            (3) Contents of report.--The report required by paragraph 
        (2) shall include the following information with respect to the 
        calendar year preceding the date on which the report is filed:
                    (A) The number of background checks conducted by 
                the Department of Justice or the Department of Homeland 
                Security on applicants for citizenship of the United 
                States.
                    (B) The types of such background checks conducted.
                    (C) The average time spent on each such type of 
                background check.
                    (D) A description of the obstacles that impede the 
                timely completion of such background checks.
            (4) Examination of name check conducted by the department 
        of justice.--The first report required by paragraph (2) shall 
        also include an examination of the name check conducted by the 
        Department of Justice to assess the extent to which the name 
        check provides information relating to the eligibility of 
        applicants for citizenship of the United States that is not 
        otherwise provided by other background checks conducted by the 
        Department of Justice or the Department of Homeland Security.
    (b) Timely Completion of Background Checks.--
            (1) Attorney general background checks.--With respect to a 
        request submitted to the Attorney General by the Secretary of 
        Homeland Security for a background check on an applicant for 
        temporary or permanent residence or citizenship of the United 
        States, the Attorney General shall make a reasonable effort to 
        complete a background check on such applicant not later than 90 
        days after the Attorney General receives such request from the 
        Secretary of Homeland Security.
            (2) Department of homeland security background checks.--
        With respect to background checks on an applicant for temporary 
        or permanent residence or citizenship of the United States, the 
        Secretary of Homeland Security shall make a reasonable effort 
        to complete the background check on such applicant not later 
        than 90 days after the date the application is received by the 
        Department of Homeland Security.
            (3) Delays on attorney general background checks.--If a 
        background check described in paragraph (1) is not completed by 
        the Attorney General before the date that is 91 days after the 
        date that the Attorney General receives a request described in 
        paragraph (1)--
                    (A) the Attorney General shall document the reason 
                why such background check was not completed before such 
                date; and
                    (B) if such background check is not completed 
                before the date that is 181 days after the date of such 
                receipt, then the Attorney General shall, not later 
                than 210 days after the date of such receipt, submit to 
                the appropriate congressional committees and the 
                Secretary of Homeland Security a report that 
                describes--
                            (i) the reason that such background check 
                        was not completed within 180 days; and
                            (ii) the earliest date on which the 
                        Attorney General is certain the background 
                        check will be completed.
            (4) Delays on department of homeland security background 
        checks.--If a background check described in paragraph (2) is 
        not completed by the Secretary of Homeland Security before the 
        date that is 91 days after the date that the Department of 
        Homeland Security receives the application described in 
        paragraph (2)--
                    (A) the Secretary of Homeland Security shall 
                document the reason why such background check was not 
                completed before such date; and
                    (B) if such background check is not completed 
                before the date that is 181 days after the date of such 
                receipt, then the Secretary of Homeland Security shall, 
                not later than 210 days after the date of such receipt, 
                submit to the appropriate congressional committees a 
                report that describes--
                            (i) the reason that such background check 
                        was not completed within 180 days; and
                            (ii) the earliest date on which the 
                        Secretary of Homeland Security is certain the 
                        background check will be completed.
            (5) Annual report on delayed attorney general background 
        checks.--Not later than the end of each fiscal year, the 
        Attorney General shall submit to the appropriate congressional 
        committees a report containing, with respect to that fiscal 
        year--
                    (A) the number of background checks described in 
                subparagraph (B) of paragraph (3);
                    (B) the time taken to complete each such background 
                check;
                    (C) a statistical analysis of the causes of the 
                delays in completing such background checks; and
                    (D) a description of the efforts being made by the 
                Attorney General to address each such cause.
            (6) Notification to applicant.--If, with respect to a 
        background check on an applicant described in paragraph (2), 
        the Secretary of Homeland Security is required to furnish a 
        report under paragraph (3)(B), then the Secretary shall provide 
        to such applicant a copy of such report, redacted to remove any 
        classified information contained therein.
            (7) Annual report on delayed homeland security background 
        checks.--Not later than the end of each fiscal year, the 
        Secretary of Homeland Security shall submit to the appropriate 
        congressional committees a report containing, with respect to 
        that fiscal year--
                    (A) the number of background checks described in 
                subparagraph (B) of paragraph (4);
                    (B) the time taken to complete each such background 
                check;
                    (C) a statistical analysis of the causes of the 
                delays in completing such background checks; and
                    (D) a description of the efforts being made by the 
                Secretary of Homeland Security to address each such 
                cause.
            (8) Notification to applicant.--If, with respect to a 
        background check on an applicant described in paragraph (2), 
        the Secretary of Homeland Security is required to furnish a 
        report to the appropriate congressional committees under 
        subsection (b)(4)(B), then the Secretary shall provide to such 
        applicant a copy of such report, redacted to remove any 
        classified information contained therein.
            (9) Appropriate congressional committees.--In this 
        subsection, the term ``appropriate congressional committees'' 
        means the following:
                    (A) The Committee on the Judiciary of the Senate.
                    (B) The Committee on Homeland Security and 
                Governmental Affairs of the Senate.
                    (C) The Committee on the Judiciary of the House of 
                Representatives.
                    (D) The Committee on Homeland Security of the House 
                of Representatives.
            (10) Funding.--Fees and fines deposited in the Security and 
        Prosperity Account under section 286(w)(3)(B) of the 
        Immigration and Nationality Act may be used to carry out this 
        section.

SEC. 605. NATIONAL CITIZENSHIP PROMOTION PROGRAM.

    (a) Establishment.--
            (1) In general.--Not later than 6 months following the date 
        of enactment of this Act, the Secretary of Homeland Security 
        shall establish a program to assist aliens who have been 
        lawfully admitted for permanent residence in becoming citizens 
        of the United States.
            (2) Designation.--The program required by paragraph (1) 
        shall be known as the ``New Americans Initiative'' (in this 
        section referred to as the ``Program'').
    (b) Program Activities.--As part of the Program required by 
subsection (a), the Secretary of Homeland Security shall--
            (1) award grants in accordance with subsection (c); and
            (2) carry out outreach activities in accordance with 
        subsection (d).
    (c) Grants To Support Naturalization Efforts.--
            (1) In general.--The Secretary of Homeland Security shall 
        award grants to eligible entities to assist aliens who have 
        been lawfully admitted for permanent residence in becoming 
        citizens of the United States.
            (2) Eligible entity defined.--In this subsection, the term 
        ``eligible entity'' means a not-for-profit organization that 
        has experience working with immigrant communities.
            (3) Use of funds.--Grants awarded under this subsection 
        shall be used for activities to assist aliens who have been 
        lawfully admitted for permanent residence in becoming citizens 
        of the United States, including--
                    (A) conducting English language and citizenship 
                classes for such aliens;
                    (B) providing legal assistance, by attorneys or 
                entities recognized by the Board of Immigration 
                Appeals, to such aliens to assist such aliens in 
                becoming citizens of the United States;
                    (C) carrying out outreach activities and providing 
                education to immigrant communities to assist such 
                aliens in becoming citizens of the United States; and
                    (D) assisting such aliens with applications to 
                become citizens of the United States, as allowed by 
                Federal and State law.
            (4) Application for grant.--
                    (A) In general.--Each eligible entity seeking a 
                grant under this subsection shall submit an application 
                to the Secretary of Homeland Security at such time, in 
                such manner, and accompanied by such information as the 
                Secretary shall require.
                    (B) Contents.--Each application submitted pursuant 
                to subparagraph (A) shall include a description of--
                            (i) the activities for which a grant under 
                        this section is sought;
                            (ii) the manner in which the entity plans 
                        to leverage available private and State and 
                        local government resources to assist aliens who 
                        have been lawfully admitted for permanent 
                        residence in becoming citizens of the United 
                        States;
                            (iii) the experience of the entity in 
                        carrying out the activities for which a grant 
                        under this section is sought, including the 
                        number of aliens and geographic regions served 
                        by such entity; and
                            (iv) the manner in which the entity plans 
                        to employ best practices developed by adult 
                        educators, State and local governments, and 
                        community organizations--
                                    (I) to promote citizenship and 
                                civic participation by such aliens; and
                                    (II) to provide assistance to such 
                                aliens with the process of becoming 
                                citizens of the United States.
    (d) Outreach.--The Secretary of Homeland Security shall--
            (1) develop outreach materials targeted to aliens who have 
        been lawfully admitted for permanent residence to encourage 
        such aliens to apply to become citizens of the United States; 
        and
            (2) make such outreach materials available through--
                    (A) public service announcements;
                    (B) advertisements; and
                    (C) such other media as the Secretary determines is 
                appropriate.
    (e) Funding.--Fees and fines deposited in the Security and 
Prosperity Account under section 286(w)(3)(B) of the Immigration and 
Nationality Act may be used to carry out this section.

SEC. 606. EFFECTIVE DATE.

    The amendments made by this title shall take effect on the date of 
the enactment of this Act and shall apply to applications for 
naturalization pending on or after such date.

                       Subtitle B--Miscellaneous

SEC. 611. GRANTS TO SUPPORT PUBLIC EDUCATION AND COMMUNITY TRAINING.

    (a) Grants Authorized.--The Assistant Attorney General, Office of 
Justice Programs, may award grants to qualified nonprofit community 
organizations to educate, train, and support non-profit agencies, 
immigrant communities, and other interested entities regarding the 
provisions of this Act and the amendments made by this Act.
    (b) Use of Funds.--
            (1) In general.--Grants awarded under this section shall be 
        used--
                    (A) for public education, training, technical 
                assistance, government liaison, and all related costs 
                (including personnel and equipment) incurred by the 
                grantee in providing services related to this Act; and
                    (B) to educate, train, and support nonprofit 
                organizations, immigrant communities, and other 
                interested parties regarding this Act and the 
                amendments made by this Act and on matters related to 
                its implementation.
            (2) Education.--In addition to the purposes described in 
        paragraph (1), grants awarded under this section shall be used 
        to--
                    (A) educate immigrant communities and other 
                interested entities regarding--
                            (i) the individuals and organizations that 
                        can provide authorized legal representation in 
                        immigration matters under regulations 
                        prescribed by the Secretary; and
                            (ii) the dangers of securing legal advice 
                        and assistance from those who are not 
                        authorized to provide legal representation in 
                        immigration matters;
                    (B) educate interested entities regarding the 
                requirements for obtaining nonprofit recognition and 
                accreditation to represent immigrants under regulations 
                prescribed by the Secretary;
                    (C) provide nonprofit agencies with training and 
                technical assistance on the recognition and 
                accreditation process; and
                    (D) educate nonprofit community organizations, 
                immigrant communities, and other interested entities 
                regarding--
                            (i) the process for obtaining benefits 
                        under this Act or under an amendment made by 
                        this Act; and
                            (ii) the availability of authorized legal 
                        representation for low-income persons who may 
                        qualify for benefits under this Act or under an 
                        amendment made by this Act.
    (c) Diversity.--The Assistant Attorney General shall ensure, to the 
extent possible, that the nonprofit community organizations receiving 
grants under this section serve geographically diverse locations and 
ethnically diverse populations who may qualify for benefits under the 
Act.
    (d) Funding.--Fees and fines deposited in the Security and 
Prosperity Account under section 286(w)(3)(B) of the Immigration and 
Nationality Act may be used to carry out this section.

SEC. 612. GRANT PROGRAM TO ASSIST APPLICANTS FOR NATURALIZATION.

    (a) Purpose.--The purpose of this section is to establish a grant 
program within United States Citizenship and Immigration Services that 
provides funding to community-based organizations, including community-
based legal service organizations, as appropriate, to develop and 
implement programs to assist eligible applicants for naturalization.
    (b) Definitions.--In this section:
            (1) Community-based organization.--The term ``community-
        based organization'' means a nonprofit, tax-exempt 
        organization, including a faith-based organization, whose staff 
        has experience and expertise in meeting the legal, social, 
        educational, cultural educational, or cultural needs of 
        immigrants, refugees, persons granted asylum, or persons 
        applying for such statuses.
            (2) IEACA grant.--The term ``IEACA grant'' means an Initial 
        Entry, Adjustment, and Citizenship Assistance Grant authorized 
        under subsection (c).
    (c) Establishment of Initial Entry, Adjustment, and Citizenship 
Assistance Grant Program.--
            (1) Grants authorized.--The Secretary, working through the 
        Director of United States Citizenship and Immigration Services, 
        may award IEACA grants to community-based organizations.
            (2) Use of funds.--Grants awarded under this section may be 
        used for the design and implementation of programs to provide 
        the following services:
                    (A) Initial application.--Assistance and 
                instruction, including legal assistance, to aliens 
                making initial application for conditional nonimmigrant 
                or conditional nonimmigrant dependent classification 
                under section 401. Such assistance may include 
                assisting applicants in--
                            (i) screening to assess prospective 
                        applicants' potential eligibility for 
                        participating in such program;
                            (ii) filling out applications for such 
                        program;
                            (iii) gathering proof of identification, 
                        employment, residence, and tax payment;
                            (iv) gathering proof of relationships of 
                        eligible family members;
                            (v) applying for any waivers for which 
                        applicants and qualifying family members may be 
                        eligible; and
                            (vi) any other assistance that the 
                        Secretary or grantee considers useful to aliens 
                        who are interested in filing applications for 
                        treatment under section 401.
                    (B) Adjustment of status.--Assistance and 
                instruction, including legal assistance, to aliens 
                seeking to adjust their status in accordance with 
                section 402 of this Act or section 245 of the 
                Immigration and Nationality Act (8 U.S.C. 1255).
                    (C) Citizenship.--Assistance and instruction to 
                applicants on--
                            (i) the rights and responsibilities of 
                        United States citizenship;
                            (ii) English as a second language;
                            (iii) civics; or
                            (iv) applying for United States 
                        citizenship.
            (3) Duration and renewal.--
                    (A) Duration.--Subject to subparagraph (B), each 
                grant awarded under this section shall be awarded for a 
                period of not more than 3 years.
                    (B) Renewal.--The Secretary may renew any grant 
                awarded under this section in 1-year increments.
            (4) Application for grants.--Each entity desiring an IEACA 
        grant under this section shall submit an application to the 
        Secretary at such time, in such manner, and accompanied by such 
        information as the Secretary may require.
            (5) Eligible organizations.--A community-based organization 
        applying for a grant under this section to provide services 
        described in subparagraph (A), (B), or (C)(iv) of paragraph (2) 
        may not receive such a grant unless the organization is--
                    (A) recognized by the Board of Immigration Appeals 
                under section 292.2 of title 8, Code of Federal 
                Regulations; or
                    (B) otherwise directed by an attorney.
            (6) Selection of grantees.--Grants awarded under this 
        section shall be awarded on a competitive basis.
            (7) Geographic distribution of grants.--The Secretary shall 
        approve applications under this section in a manner that 
        ensures, to the greatest extent practicable, that--
                    (A) not less than 50 percent of the funding for 
                grants under this section are awarded to programs 
                located in the 10 States with the highest percentage of 
                residents who were born in foreign countries; and
                    (B) not less than 20 percent of the funding for 
                grants under this section are awarded to programs 
                located in States that are not described in 
                subparagraph (A).
            (8) Ethnic diversity.--The Secretary shall ensure that 
        community-based organizations receiving grants under this 
        section provide services to an ethnically diverse population, 
        to the greatest extent possible.
    (d) Liaison Between USCIS and Grantees.--The Secretary shall 
establish a liaison between United States Citizenship and Immigration 
Services and the community of providers of services under this section 
to assure quality control, efficiency, and greater client willingness 
to come forward.
    (e) Reports to Congress.--Not later than 180 days after the date of 
enactment of this Act, and July 1 of each subsequent year, the 
Secretary shall submit a report to Congress that includes information 
regarding--
            (1) the status of the implementation of this section;
            (2) the grants issued pursuant to this section; and
            (3) the activities carried out with such grants.
    (f) Source of Grant Funds.--
            (1) Application fees.--The Secretary may use funds made 
        available under section 401(g)(2)(A) of this Act and section 
        218A(b)(3) of the Immigration and Nationality Act, as added by 
        this Act, to carry out this section.
            (2) Funding.--Fees and fines deposited in the Security and 
        Prosperity Account under section 286(w)(3)(B) of the 
        Immigration and Nationality Act may be used to carry out this 
        section.
    (g) Distribution of Conditional Nonimmigrant Visa Fees and Fines.--
Notwithstanding section 401(g)(2)(B), 2 percent of the fees and fines 
collected under section 401 shall be made available for grants under 
the Initial Entry, Adjustment, and Citizenship Assistance Grant Program 
established under this section.

SEC. 613. NATURALIZATION FOR CERTAIN U.S. HIGH SCHOOL GRADUATES.

    (a) In General.--Title III of the Immigration and Nationality Act 
(8 U.S.C. 1401 et seq.) is amended by inserting after section 320 the 
following:

``SEC. 321. CITIZENSHIP FOR CERTAIN U.S. HIGH SCHOOL GRADUATES.

    ``(a) Requirements Deemed Satisfied.--In the case of an alien 
described in subsection (b), the alien shall be deemed to have 
satisfied the requirements of section 312(a).
    ``(b) Aliens Described.--An alien is described in this subsection 
if the alien is under 25 years of age on the date on which the alien 
submits an application for naturalization under section 334 that 
contains the following:
            ``(1) Transcripts from public or private schools in the 
        United States that demonstrate the following:
                    ``(A) The alien completed grades 6 through 12 in 
                the United States and was graduated with a high school 
                diploma.
                    ``(B) The alien completed a curriculum that 
                reflects knowledge of United States history, 
                Government, and civics.
            ``(2) A copy of the alien's high school diploma.
    ``(c) Reduced Fee.--The Secretary of Homeland Security shall reduce 
the naturalization application fee for an alien described in subsection 
(b) by 50 percent.''.
    (b) Clerical Amendment.--The table of contents for the Immigration 
and Nationality Act is amended by inserting after the item relating to 
section 320 the following:

``Sec. 321. Citizenship for certain U.S. high school graduates.''.
    (c) Applicability.--The amendments made by this Section shall take 
effect on the date of the enactment of this Act and shall apply to 
applicants for naturalization who apply for naturalization on or after 
such date.
    (d) Regulations.--The Secretary of Homeland Security shall 
promulgate regulations to carry out this Section and the amendments 
made by this Section not later than 180 days after the date of the 
enactment of this Act.

SEC. 614. FAMILY INTEGRATION.

    Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151) 
is amended by striking in subsection (b)(2)(A)(i) the number ``21'' and 
inserting the number ``18''.

SEC. 615. CONSIDERATION FOR DOMESTIC RESETTLEMENT OF REFUGEES.

    Section 412 is amended as follows:
            (1) In subsection (a)(2)(C)(i) strike ``insure'' and insert 
        ``ensure''.
            (2) At the end, add the following:
                                    ``(V) the geography, climate and 
                                environmental composition of the 
                                proposed resettlement area compared 
                                with that of the geography, climate and 
                                environmental composition of their 
                                country of origin.''.

SEC. 616. CREDITS FOR TEACHERS OF ENGLISH LANGUAGE LEARNERS.

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

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

    ``(a) In General.--In the case of an eligible teacher, there shall 
be allowed a credit against the tax imposed by this chapter for the 
taxable year an amount equal to--
            ``(1) $1,500, for each of the first 5 taxable years for 
        which the taxpayer is allowed a credit under this section; and
            ``(2) $1,000, for any other taxable year.
    ``(b) Credit Allowed Only for 10 Taxable Years.--No credit shall be 
allowed under this section with respect to a taxpayer for any taxable 
year after the 10th taxable year for which such taxpayer is allowed a 
credit under this section.
    ``(c) Eligible Teacher.--For purposes of this section--
            ``(1) In general.--Except as provided in paragraph (2), the 
        term `eligible teacher' means, with respect to a taxable year, 
        any individual who is--
                    ``(A) a full-time teacher of English as a second 
                language or bilingual instruction for the academic year 
                ending in such taxable year, or
                    ``(B) an eligible part-time teacher of English as a 
                second language or bilingual instruction for the 
                academic year ending in such taxable year.
            ``(2) Eligible part-time teacher.--The term `eligible part-
        time teacher' means, with respect to a taxable year, an 
        individual who teaches at least 20 hours per week during the 
        academic year ending in such taxable year. Such term does not 
        include any individual who is a full-time teacher of English as 
        a second language during such academic year.
            ``(3) Special rule.--In the case of an eligible part-time 
        teacher, subsection (a) shall be applied by substituting `$375' 
        for `$750' and by substituting `$250' for `$500'.''.
    (b) Clerical Amendment.--The table of sections for such subpart is 
amended by inserting after the item relating to section 25D the 
following new item:

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

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

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

``Sec. 224. Certification expenses for teachers of English language 
                            learners.''.
    (f) Regulations.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of the Treasury shall promulgate 
regulations implementing the provisions of this section.
    (g) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2009.

SEC. 617. CREDITS FOR EMPLOYER-PROVIDED ADULT ENGLISH LITERACY AND 
              BASIC EDUCATION PROGRAMS.

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

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

    ``(a) In General.--For the purposes of section 38, the credit 
determined under this section with respect to any employer for the 
taxable year is an amount equal to 20 percent of qualified education 
program expenses, but in no case shall the employer receive a credit in 
an amount of more than $1,000 per full-time employee participating in 
the qualified education program.
    ``(b) Qualified Education Program Expenses.--For purposes of this 
section--
            ``(1) In general.--The term `qualified education program 
        expenses' means expenses paid or incurred by an employer to 
        make available qualified education to employees of the 
        employer, who--
                    ``(A) are English language learners; and
                    ``(B)(i) have not received a secondary school 
                diploma, or its recognized equivalent; or
                    ``(ii) lack sufficient mastery of basic educational 
                skills, including financial literacy, to enable the 
                individuals to function effectively in society.
            ``(2) Qualified education.--The term `qualified education' 
        means adult education and literacy activities provided--
                    ``(A) by an eligible provider which for the fiscal 
                year ending during the employer's taxable year receives 
                or is eligible to receive Federal funds under section 
                231 of the Adult Education and Family Literacy Act for 
                adult education and literacy activities; or
                    ``(B) in curriculum approved by the Department of 
                Education, the Employment and Training Administration 
                of the Department of Labor, or in current use by a 
                Federal agency.
            ``(3) Eligible provider; adult education and literacy 
        activities.--The terms `eligible provider' and `adult education 
        and literacy activities' shall have the respective meanings 
        given to such terms in section 203 of the Adult Education and 
        Family Literacy Act.
            ``(4) English language learner.--The term `English language 
        learner' shall have the same meaning given to such term in 
        section 9101(25) of the Elementary and Secondary Education Act 
        of 1965.
    ``(c) Special Rules.--For purposes of this section--
            ``(1) Full-time employment.--An employee shall be 
        considered full-time if such employee is employed at least 30 
        hours per week for 25 or more calendar weeks in the taxable 
        year.
            ``(2) Aggregation rule.--All persons treated as a single 
        employer under subsection (a) or (b) or section 52, or 
        subsection (m) or (o) of section 414, shall be treated as 1 
        person.
    ``(d) Denial of Double Benefit.--No deduction or credit shall be 
allowed under any other provision of this chapter for any amount taken 
into account in determining the credit under this section.
    ``(e) Termination.--This section shall not apply to expenses paid 
or incurred after December 31, 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, 2009.

SEC. 618. GRANTS TO STATES TO FORM NEW AMERICAN COUNCILS.

    (a) Authority To Provide Grants.--Subject to subsections (c) and 
(d), the Chief of the Office of Citizenship and Immigrant Integration 
is authorized to provide competitive grants to States to form State New 
American Councils as described in subsection (b) to carry out 
activities described in section 303.
    (b) State New American Councils.--A State New American Council 
shall consist of not less than 15 and not more than 19 individuals from 
the State and shall include, to the extent practicable, representatives 
from the following sectors:
            (1) Business.
            (2) Faith-based organizations.
            (3) Civic organizations.
            (4) Philanthropic leaders.
            (5) Nonprofit organizations, including those with 
        experience working with immigrant communities.
            (6) Representatives from key education stakeholders, such 
        as State educational agencies, local educational agencies, 
        community colleges, teachers, or organizations representing 
        teachers and other employees.
            (7) Representatives of State adult education offices.
            (8) Representatives of State or local public libraries.
            (9) Representatives of statewide or local government 
        officials.
    (c) Waiver of Requirement.--
            (1) Authority to grant.--The Chief of the Office of 
        Citizenship and Immigrant Integration may award a grant under 
        subsection (a) to a State without requiring the State to form a 
        State New American Council if the Chief determines that the 
        State is carrying out similar statewide initiatives to 
        introduce immigrants into the State and into the United States.
            (2) Guidelines.--The Chief shall establish guidelines for 
        awarding grants to States described in paragraph (1).
    (d) Grants to Local Governments.--The Chief of the Office of 
Citizenship and Immigrant Integration may provide a grant under 
subsection (a) to a local government at the discretion of the Chief.
    (e) Application.--To be eligible to receive a grant under this 
section, an applicant shall submit an application to the Chief of the 
Office of Citizenship and Immigrant Integration at such time, in such 
manner, and containing such information as the Chief may reasonably 
require. Such application shall include--
            (1) if the applicant is a State seeking to form a State New 
        American Council, an assurance that such State New American 
        Council will meet the requirements of subsection (b);
            (2) the number of immigrants in the State in which the 
        applicant is located;
            (3) a description of the challenges in introducing new 
        Americans in the State and local community; and
            (4) any other information that the Chief may reasonably 
        require.
    (f) Duration.--A grant awarded under subsection (a) shall be for a 
period of 5 years.
    (g) Priority.--Priority shall be given to grant applications that--
            (1) use matching funds, from non-Federal sources, which may 
        include in-kind contributions; and
            (2) demonstrate collaboration with private entities to 
        achieve the goals of their comprehensive plan.
    (h) Additional Consideration.--Additional consideration shall be 
given to grant applications submitted by States with a large increase 
in the population of immigrants over the previous 10 years relative to 
past migration patterns, based on data compiled by the Office of 
Immigration Statistics of the Department of Homeland Security.
    (i) Grant Amount.--The amount of a grant awarded under subsection 
(a) shall be not less than $500,000 and not more than $5,000,000 for 
each fiscal year.
    (j) Reservations.--
            (1) National.--The Chief of the Office of Citizenship and 
        Immigrant Integration shall reserve not more than 1 percent of 
        the amount appropriated to carry out this section for such 
        Office, including the evaluation of funds distributed.
            (2) States.--A State awarded a grant under subsection (a) 
        may reserve not more than 10 percent of such grant amount for 
        the creation and operation of the State New American Council.
    (k) Funding.--Fees and fines deposited in the Security and 
Prosperity Account under section 286(w)(3)(B) of the Immigration and 
Nationality Act may be used to carry out this section.

SEC. 619. INDEPENDENCE DAY CEREMONIES FOR OATHS OF ALLEGIANCE.

    (a) In General.--The Secretary of Homeland Security shall make 
available funds each fiscal year to the Director of U.S. Citizenship 
and Immigration Services or to public or private nonprofit entities to 
support public ceremonies for administering oaths of allegiance under 
section 337(a) of the Immigration and Nationality Act (8 U.S.C. 
1448(a)) to legal immigrants whose applications for naturalization have 
been approved.
    (b) Ceremonies.--A ceremony conducted with funds under this 
section--
            (1) shall be held on a date that is on or near Independence 
        Day; and
            (2) shall include appropriate outreach, ceremonial, and 
        celebratory activities.
    (c) Selection of Sites.--
            (1) In general.--The Secretary of Homeland Security shall 
        select the site for each ceremony conducted with funds under 
        this section.
            (2) Selection process.--In selecting a site under paragraph 
        (1), the Secretary of Homeland Security should consider--
                    (A) the number of naturalization applicants living 
                in proximity to the site; and
                    (B) the degree of participation in and support for 
                the ceremony by the local community at the site.
    (d) Amounts Available; Use of Funds.--
            (1) Amounts available.--Amounts made available under this 
        section for each ceremony shall not exceed $5,000.
            (2) Use of funds.--Funds made available under this section 
        may be used only for the following:
                    (A) Costs of personnel of the Department of 
                Homeland Security and the Federal judiciary (including 
                travel and overtime expenses).
                    (B) Site rental, including audio equipment rental.
                    (C) Logistical requirements, including sanitation.
                    (D) Costs for printing brochures about the 
                naturalization participants and the naturalization 
                process.
            (3) Funding.--Fees and fines deposited in the Security and 
        Prosperity Account under section 286(w)(3)(B) of the 
        Immigration and Nationality Act may be used to carry out this 
        section.
    (e) Application.--No amount may be made available under this 
section to an entity that is not part of the Department of Homeland 
Security, for supporting a ceremony described in subsection (b), 
unless--
            (1) the entity submits an application to the Secretary of 
        Homeland Security, in a form and manner specified by the 
        Secretary of Homeland Security; and
            (2) the Secretary of Homeland Security approves the 
        application.
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