Title: Protecting Immigrant Communities from Consumer Fraud Act of 2018
Policy area: Immigration

Summary:
Protecting Immigrant Communities from Consumer Fraud Act of 2018
This bill directs the Department of Justice to make grants for immigration consumer fraud information websites and hotlines. It also establishes a grant program to carry out an outreach campaign to provide: (1) access to legal resources, including free or low-cost legal resources for low-income individuals; (2) workshops educating the public on immigration consumer fraud; and (3) translation services. Grant recipients may not disclose or use personally identifiable information provided by individuals participating in outreach campaigns.
The bill requires the Federal Trade Commission to impose and enforce requirements on immigration consultants relating to advertising of immigration services, contracts for such services, and the retention and disposal of client documents. Immigration consultants must disclose in advertising materials and contracts that they are not immigration attorneys and may not represent aliens before an immigration court or the Board of Immigration Appeals.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6363 Introduced in House (IH)]

<DOC>






115th CONGRESS
  2d Session
                                H. R. 6363

  To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
provide for the establishment of immigration consumer fraud information 
   hotlines and websites, and for outreach campaigns on immigration 
                consumer fraud, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 12, 2018

  Ms. Velazquez (for herself, Mr. Veasey, Mr. Crowley, Mr. Carson of 
   Indiana, Mr. Espaillat, Mr. McGovern, Ms. Clarke of New York, Ms. 
Norton, Mr. Gallego, Mr. Grijalva, Mr. Soto, and Mr. Meeks) introduced 
    the following bill; which was referred to the Committee on the 
Judiciary, and in addition to the Committee on Energy and Commerce, 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 amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
provide for the establishment of immigration consumer fraud information 
   hotlines and websites, and for outreach campaigns on immigration 
                consumer fraud, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Immigrant Communities 
from Consumer Fraud Act of 2018''.

SEC. 2. LOCAL IMMIGRATION CONSUMER FRAUD INFORMATION HOTLINES AND 
              ASSISTANCE WEBSITES.

    Title I of the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3711 et seq.) is amended by adding at the end the following:

      ``PART MM--IMMIGRATION CONSUMER FRAUD HOTLINES AND WEBSITES

``SEC. 3031. IMMIGRATION CONSUMER FRAUD HOTLINES AND WEBSITES.

    ``(a) Grant Authorization.--The Attorney General shall make grants 
to States, units of local government, or any combination thereof, in 
partnership with stakeholders, service providers, and nonprofit 
organizations.
    ``(b) Mandatory Grant Uses.--Grant funds shall be expended for each 
of the following purposes:
            ``(1) Immigration consumer fraud information websites.--To 
        provide for the establishment and operation of an immigration 
        consumer fraud information and assistance website, which shall 
        be a highly secure internet website that provides information 
        and assistance to victims of immigration consumer fraud. In 
        establishing and operating the immigration consumer fraud and 
        assistance website, the grantee shall--
                    ``(A) use grant funds for startup and operation 
                costs associated with establishing and operating the 
                website;
                    ``(B) use a name or acronym as part of its web 
                address that identifies the website with the geographic 
                locality receiving the grant under subsection (a);
                    ``(C) provide accurate information that describes 
                the services available to immigration consumer fraud 
                victims, including free or low-cost legal assistance;
                    ``(D) clearly include, in all pages of the website, 
                that the information presented is for reference 
                purposes only and does not constitute as legal advice; 
                and
                    ``(E) must provide translation of website content, 
                in languages that are consistent with the criteria 
                outlined in subsection (d)(2)(E)(i) of this part, 
                either with a web page interface, or mirrored pages.
            ``(2) Immigration consumer fraud hotlines.--To establish or 
        expand an immigration consumer fraud hotline to provide 
        information and assistance to victims of immigration consumer 
        fraud. In addition, grantees may, in operating with the 
        hotline, work in conjunction with other local programs and 
        activities that serve victims of immigration consumer fraud. In 
        establishing and operating the hotline, the entity shall--
                    ``(A) contract with a carrier for the use of a 
                toll-free telephone line;
                    ``(B) employ, train and supervise personnel to 
                answer incoming calls and provide assistance and 
                referral services to callers on a 24-hour-a-day basis;
                    ``(C) assemble and maintain a current database of 
                information relating to services for victims of 
                immigration consumer fraud to which callers throughout 
                the United States may be referred; and
                    ``(D) be prohibited from asking hotline callers 
                about their citizenship status.
    ``(c) Rule of Construction.--Nothing in this Act shall require a 
grantee receiving funds under this Act to comply with a request 
lawfully made by the Department of Homeland Security under section 236 
or 287 of the Immigration and Nationality Act (8 U.S.C. 1226 and 1357) 
to comply with a detainer for, or notify about the use of services 
provided under this Act by an individual.
    ``(d) Application.--The Attorney General may approve an application 
for a grant under this section only if such application--
            ``(1) contains such agreements, assurances, and 
        information, be in such form, and be submitted in such manner, 
        as the Attorney General shall by rule require;
            ``(2) in the case of an application for a grant to carry 
        out activities described in subsection (b)(2), includes a 
        complete description of the applicant's plan for the operation 
        of an immigration consumer fraud hotline, including 
        descriptions of--
                    ``(A) the training program for hotline personnel, 
                including technology training to ensure that all 
                persons affiliated with the hotline are able to 
                effectively operate any technological systems used by 
                the hotline;
                    ``(B) the hiring criteria for hotline personnel;
                    ``(C) the methods for the creation, maintenance, 
                and updating of a resource database;
                    ``(D) a plan for publicizing the availability of 
                the hotline;
                    ``(E) a plan for providing service to non-English 
                speaking callers that--
                            ``(i) is based on data from the Bureau of 
                        the Census and be consistent with the local 
                        area demographics where the immigration 
                        consumer fraud hotline will operate--such plan 
                        will outline which languages are most prevalent 
                        and commonly requested for translation 
                        services; or
                            ``(ii) is based on qualitative and 
                        quantitative observation from community service 
                        providers offering immigration-related 
                        services; and
                    ``(F) a plan for facilitating access to the hotline 
                by persons with hearing impairments; and
            ``(3) in the case of an application for a grant to carry 
        out activities described in subsection (b)(1)--
                    ``(A) include a complete description of the 
                applicant's plan for the development, operation, 
                maintenance, and updating of information and resources 
                of the immigration consumer fraud information and 
                assistance website;
                    ``(B) include a certification that the applicant 
                will implement a high level security system to ensure 
                the confidentiality of the website, taking into 
                consideration the safety of immigration consumer fraud 
                victims; and
                    ``(C) include an assurance that, after the third 
                year of the website project, the recipient of the grant 
                will develop a plan to secure other public or private 
                funding resources to ensure the continued operation and 
                maintenance of the website; and
                    ``(D) demonstrate that the applicant has recognized 
                expertise in the area of immigration consumer fraud and 
                a record of high quality service to victims of 
                immigration consumer fraud, including a demonstration 
                of support from advocacy groups.
    ``(e) Renewal of Grants.--A grant made under this part may be 
renewed, without limitations on the duration of such renewal, to 
provide additional funds, if the Attorney General determines that the 
funds made available to the recipient were used in a manner required 
under an approved application and if the recipient can demonstrate 
significant progress in achieving the objectives of the initial 
application.
    ``(f) No Cost Extensions.--Notwithstanding subsection (e), the 
Attorney General may extend a grant period, without limitations as to 
the duration of such extension, to provide additional time to complete 
the objectives of the initial grant award.
    ``(g) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to carry out this section $15,000,000 for fiscal year 2018 and 
        each succeeding fiscal year.
            ``(2) Websites.--Of the amounts appropriated, not less than 
        20 percent shall be used for purposes of carrying out 
        activities under subsection (b)(1).
            ``(3) Availability.--Funds authorized to be appropriated 
        under this section may remain available until expended.
    ``(h) Prohibition of Data Sharing for Immigration Enforcement 
Purposes.--
            ``(1) In general.--Notwithstanding section 642 of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (8 U.S.C. 1373), an entity receiving a grant under this 
        part may not disclose or use personally identifiable 
        information provided by individuals using a website or a 
        hotline, a website or hotline under subsection (b), for the 
        purposes of enforcing the immigration laws.
            ``(2) Referrals prohibited.--An entity receiving a grant 
        under this part may not refer any individual participating in 
        any program funded under this part to U.S. Immigration and 
        Customs Enforcement or to U.S. Customs and Border Protection.
            ``(3) Personally identifiable information defined.--For 
        purposes of this part, the term `personally identifiable 
        information' means any information about an individual 
        elicited, collected, stored, or maintained by an entity 
        receiving a grant under this part, including--
                    ``(A) any information that can be used to 
                distinguish or trace the identity of an individual, 
                such as a name, residential address, a social security 
                number, a date and place of birth, or a parent's maiden 
                name; and
                    ``(B) any other information that is linked or 
                linkable to an individual, such as medical, 
                educational, financial, and employment information.

``SEC. 3032. REPORT.

    ``A State or unit of local government that receives funds under 
this part during a fiscal year shall submit to the Attorney General a 
description and an evaluation report on a date specified by the 
Attorney General regarding the effectiveness of the programs carried 
out with a grant under this part.''.

SEC. 3. GRANTS TO STATES AND LOCAL JURISDICTIONS TO PROMOTE OUTREACH 
              CAMPAIGNS AGAINST IMMIGRATION CONSUMER FRAUD.

    Title I of such Act, as amended, is further amended by inserting 
after part MM the following:

``PART NN--GRANTS TO STATES AND LOCAL JURISDICTIONS TO PROMOTE OUTREACH 
              CAMPAIGNS AGAINST IMMIGRATION CONSUMER FRAUD

``SEC. 3041. GRANTS TO STATES AND LOCAL JURISDICTIONS TO PROMOTE 
              OUTREACH CAMPAIGNS AGAINST IMMIGRATION CONSUMER FRAUD.

    ``(a) Grant Authorization.--
            ``(1) In general.--The Attorney General shall make grants 
        to States, units of local government, or any combination 
        thereof, in partnership with stakeholders, service providers, 
        and nonprofit organizations
            ``(2) Purpose.--The purpose of grants distributed under 
        this under this subsection is to enable states and localities 
        to work with parties in paragraph (1) to carry out outreach 
        campaigns in any of the following:
                    ``(A) Access to legal resources, including free or 
                low-cost legal resources for persons of low-income.
                    ``(B) Workshops educating the general public on 
                immigration consumer fraud, including methods to 
                identify such fraud and best practices on prevention.
                    ``(C) Hiring of casework staff, attorneys, 
                translators, accredited representatives and other 
                similar staff to provide support for outreach 
                objectives.
                    ``(D) Printed materials or digital media designed 
                with the intent to educate the public on where to 
                obtain trusted legal resources, and how to prevent 
                becoming a victim of immigration consumer fraud.
                    ``(E) Public service announcements in television or 
                radio, providing information on resources and 
                assistance on preventing immigration consumer fraud.
                    ``(F) Translation services, including translated 
                equivalents of subparagraphs (A), (B), (C) or (D), 
                consistent with the grantee's immediate translation 
                needs based on--
                            ``(i) data from the Bureau of the Census 
                        and be consistent with the local area 
                        demographics where the outreach campaign will 
                        operate, along with a description of the 
                        languages are most prevalent or commonly 
                        requested for translation services; or
                            ``(ii) quantitative or qualitative 
                        observation from community service providers 
                        offering immigration-related services.
    ``(b) Contents.--In accordance with such requirements as the 
Attorney General may by rule establish, each application for a grant 
under this section shall--
            ``(1) include a long-term strategy and detailed 
        implementation plan that reflects consultation with community 
        groups and appropriate stakeholders;
            ``(2) explain the applicant's inability to address the need 
        without Federal assistance;
            ``(3) identify related governmental and community 
        initiatives which compliment or will be coordinated with the 
        proposal; and
            ``(4) identify local service providers and nonprofit 
        organizations that have substantial or significant experience 
        dealing with immigration-related matters.
    ``(c) Renewal of Grants.--A grant made under this part may be 
renewed, without limitations on the duration of such renewal, to 
provide additional funds, if the Attorney General determines that the 
funds made available to the recipient were used in a manner required 
under an approved application and if the recipient can demonstrate 
significant progress in achieving the objectives of the initial 
application.
    ``(d) No Cost Extensions.--Notwithstanding subsection (c), the 
Attorney General may extend a grant period, without limitations as to 
the duration of such extension, to provide additional time to complete 
the objectives of the initial grant award.
    ``(e) Suspension of Funds.--If the Attorney General determines that 
a grant recipient under this section is not in substantial compliance 
with the terms and requirements of an approved grant application, the 
Attorney General may revoke or suspend funding of that grant, in whole, 
or in part.
    ``(f) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to carry out this section $10,000,000 for fiscal year 2018 and 
        each succeeding fiscal year.
            ``(2) Availability.--Funds authorized to be appropriated 
        under this section may remain available until expended.
    ``(g) Prohibition on Data Sharing for Immigration Enforcement 
Purposes.--
            ``(1) In general.--Notwithstanding section 642 of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (8 U.S.C.1373), an entity receiving a grant under this 
        part may not disclose or use personally identifiable 
        information provided by individuals participating in outreach 
        campaigns specified in subsection (a) for the purposes of 
        enforcing the immigration laws.
            ``(2) Referrals prohibited.--An entity receiving a grant 
        under this part may not refer any individual participating in 
        any program funded under this part to U.S. Immigration and 
        Customs Enforcement or to U.S. Customs and Border Protection.
            ``(3) Personally identifiable information defined.--For 
        purposes of this part, the term `personally identifiable 
        information' means any information about an individual 
        elicited, collected, stored, or maintained by an entity 
        receiving a grant under this part, including--
                    ``(A) any information that can be used to 
                distinguish or trace the identity of an individual, 
                such as a name, residential address, a social security 
                number, a date and place of birth, or a parent's maiden 
                name; and
                    ``(B) any other information that is linked or 
                linkable to an individual, such as medical, 
                educational, financial, and employment information

``SEC. 3042. REPORT.

    ``A State or unit of local government that receives funds under 
this part during a fiscal year shall submit to the Attorney General a 
description and an evaluation report on a date specified by the 
Attorney General regarding the effectiveness of the programs carried 
out with a grant under this part.''.

SEC. 4. REQUIREMENTS FOR IMMIGRATION CONSULTANTS.

    Not later than 180 days after the date of the enactment of this 
Act, the Commission, in consultation with the Director of the Executive 
Office for Immigration Review and the Secretary of Homeland Security, 
shall promulgate regulations, in accordance with section 553 of title 
5, United States Code, that require an immigration consultant--
            (1) to disclose in all advertising or promotional material 
        and by displaying a notice at the regular place of business (if 
        any) of the consultant that the consultant is not an 
        immigration attorney, cannot provide legal advice or legal 
        services on immigration matters, and is not authorized to 
        represent aliens before an immigration court or the Board of 
        Immigration Appeals or authorized to represent others before 
        the Department of Homeland Security in connection with an 
        application for an immigration benefit or an immigration 
        proceeding;
            (2) if the consultant enters into a written contract for 
        the provision of immigration consulting services--
                    (A) to ensure that the contract states that--
                            (i) the consultant is not an immigration 
                        attorney, cannot provide legal advice or legal 
                        services on immigration matters, and is not 
                        authorized to represent aliens before an 
                        immigration court or the Board of Immigration 
                        Appeals or authorized to represent others 
                        before the Department of Homeland Security in 
                        connection with an application for an 
                        immigration benefit or an immigration 
                        proceeding; and
                            (ii) the client has the right to have the 
                        contract reviewed by an attorney;
                    (B) to provide the client with a copy of the 
                contract in English and, if requested by the client, in 
                one or more other languages;
                    (C) to inform the client of the right to request a 
                copy of the contract in languages other than English, 
                as required by subparagraph (B); and
                    (D) to ensure that the contract provides the client 
                with the right to rescind the contract at any time 
                during the 72-hour period after entering into the 
                contract;
            (3) not to collect fees for immigration consulting services 
        before having rendered the services for which the fees are 
        charged;
            (4) to return to the client any original document obtained 
        from the client (unless the original document must be provided 
        to a Federal or State agency or another person and has been so 
        provided) and to furnish to the client for no additional charge 
        a copy of any document prepared or obtained by the consultant 
        for the client or otherwise used in connection with immigration 
        consulting services for the client (other than notes or other 
        documents prepared by the consultant for internal use in order 
        to provide such services); and
            (5) to retain for not less than 3 years after ceasing to 
        provide immigration consulting services for a client a copy of 
        any document required by paragraph (4) to be returned or 
        furnished to the client.

SEC. 5. APPLICABILITY AND ENFORCEMENT.

    (a) General Application.--The requirements of the regulations 
promulgated under section 4 apply, according to their terms, to those 
persons, partnerships, and corporations over which the Commission has 
authority pursuant to section 5(a)(2) of the Federal Trade Commission 
Act (15 U.S.C. 45(a)(2)).
    (b) Enforcement by Federal Trade Commission.--
            (1) Unfair or deceptive acts or practices.--A violation of 
        a regulation promulgated under section 4 shall be treated as a 
        violation of a regulation under section 18(a)(1)(B) of the 
        Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding 
        unfair or deceptive acts or practices.
            (2) Powers of commission.--The Commission shall enforce the 
        regulations promulgated under section 4 in the same manner, by 
        the same means, and with the same jurisdiction, powers, and 
        duties as though all applicable terms and provisions of the 
        Federal Trade Commission Act (15 U.S.C. 41 et seq.) were 
        incorporated into and made a part of this Act. Any person who 
        violates such a regulation shall be subject to the penalties 
        and entitled to the privileges and immunities provided in the 
        Federal Trade Commission Act.
    (c) Actions by States.--
            (1) In general.--In any case in which the attorney general 
        of a State, or an official or agency of a State, has reason to 
        believe that an interest of the residents of such State has 
        been or is threatened or adversely affected by an act or 
        practice in violation of a regulation promulgated section 4, 
        the State, as parens patriae, may bring a civil action on 
        behalf of the residents of the State in an appropriate State 
        court or an appropriate district court of the United States--
                    (A) to enjoin such act or practice;
                    (B) to enforce compliance with such regulation;
                    (C) to obtain on behalf of residents of the State--
                            (i) damages for actual monetary loss from 
                        the violation, or up to $10,000 in damages for 
                        each such violation, whichever is greater;
                            (ii) restitution; or
                            (iii) other compensation; or
                    (D) to obtain such other legal and equitable relief 
                as the court may consider to be appropriate.
            (2) Notice.--Before filing an action under this subsection, 
        the attorney general, official, or agency of the State involved 
        shall provide to the Commission a written notice of such action 
        and a copy of the complaint for such action. If the attorney 
        general, official, or agency determines that it is not feasible 
        to provide the notice described in this paragraph before the 
        filing of the action, the attorney general, official, or agency 
        shall provide written notice of the action and a copy of the 
        complaint to the Commission immediately upon the filing of the 
        action.
            (3) Authority of federal trade commission.--
                    (A) In general.--On receiving notice under 
                paragraph (2) of an action under this subsection, the 
                Commission shall have the right--
                            (i) to intervene in the action;
                            (ii) upon so intervening, to be heard on 
                        all matters arising therein; and
                            (iii) to file petitions for appeal.
                    (B) Limitation on state action while federal action 
                is pending.--If the Commission or the Attorney General 
                of the United States has instituted a civil action for 
                violation of a regulation promulgated under section 4 
                (referred to in this subparagraph as the ``Federal 
                action''), no State attorney general, official, or 
                agency may bring an action under this subsection during 
                the pendency of the Federal action against any 
                defendant named in the complaint in the Federal action 
                for any violation of such regulation alleged in such 
                complaint.
            (4) Rule of construction.--For purposes of bringing a civil 
        action under this subsection, nothing in this Act shall be 
        construed to prevent an attorney general, official, or agency 
        of a State from exercising the powers conferred on the attorney 
        general, official, or agency by the laws of such State to 
        conduct investigations, administer oaths and affirmations, or 
        compel the attendance of witnesses or the production of 
        documentary and other evidence.
    (d) Private Right of Action.--
            (1) In general.--A person injured by an act or practice in 
        violation of a regulation promulgated under section 4 may bring 
        in an appropriate State court or an appropriate district court 
        of the United States--
                    (A) an action to enjoin the violation;
                    (B) an action to recover damages for actual 
                monetary loss from the violation, or to receive up to 
                $10,000 in damages for each such violation, whichever 
                is greater; or
                    (C) both such actions.
            (2) Willful or knowing violations.--If the court finds that 
        the defendant acted willfully or knowingly in committing a 
        violation described in paragraph (1), the court may, in its 
        discretion, increase the amount of the award to an amount equal 
        to not more than 3 times the amount available under paragraph 
        (1)(B).
            (3) Costs and attorney's fees.--The court shall award to a 
        prevailing plaintiff in an action under this subsection the 
        costs of such action and reasonable attorney's fees, as 
        determined by the court.
            (4) Nonexclusive remedy.--The remedy provided by this 
        subsection shall be in addition to any other remedies available 
        to the person.
    (e) Adjustment for Inflation.--Beginning on the date that the 
Consumer Price Index is first published by the Bureau of Labor 
Statistics that is at least 1 year after the date of the enactment of 
this Act, and each year thereafter, the amounts specified in 
subsections (c)(1)(C)(i) and (d)(1)(B) shall be increased by the 
percentage increase in the Consumer Price Index published on that date 
from the Consumer Price Index published the previous year.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (2) Immigration consultant.--The term ``immigration 
        consultant'' means a person engaged in the provision of 
        immigration consulting services, except that such term does not 
        include a person who is--
                    (A) authorized to represent aliens before an 
                immigration court or the Board of Immigration Appeals; 
                or
                    (B) authorized to represent others in connection 
                with an application or proceeding described in 
                paragraph (3)(A) before the Department of Homeland 
                Security in accordance with regulations promulgated by 
                the Secretary of Homeland Security.
            (3) Immigration consulting services.--
                    (A) In general.--The term ``immigration consulting 
                services'' means assistance, advice, or services 
                provided to an individual in connection with--
                            (i) application (or consideration of 
                        application) by such individual for an 
                        immigration benefit; or
                            (ii) an immigration proceeding involving 
                        such individual before or with the Department 
                        of Homeland Security or the Executive Office 
                        for Immigration Review.
                    (B) Inclusions.--Such term includes the following:
                            (i) Assistance with procuring supporting 
                        documentation requested by such an agency, such 
                        as a birth certificate or marriage license.
                            (ii) Referring a client to an attorney for 
                        legal representation.
                            (iii) Assistance with complying with 
                        requirements relating to biometric services.
                    (C) Exclusions.--Such term does not include the 
                following:
                            (i) Completing a form of a Federal or State 
                        agency or submitting such form to such agency.
                            (ii) Translating the responses of a client 
                        to the information requested on such a form or 
                        in other communications with such an agency.
            (4) State.--The term ``State'' means each of the several 
        States, the District of Columbia, each commonwealth, territory, 
        or possession of the United States, and each federally 
        recognized Indian tribe.

SEC. 7. DEFINITIONS.

    For the purposes of this Act--
            (1) the term ``web page interface'' means an online based 
        platform that allows users, free of charge, to translate online 
        text on the web page, upon request, without having to navigate 
        to another web page; and
            (2) the term ``mirrored pages'' means web pages that are 
        translated in one or multiple languages from an English 
        translation, and that are a part of the website's files.
                                 <all>