In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

Input: Consider Input: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Orphan Works Act of 2006''.

SEC. 2. LIMITATION ON REMEDIES IN CASES INVOLVING ORPHAN WORKS.

(a) Limitation on Remedies.--Chapter 5 of title 17, United States
Code, is amended by adding at the end the following new section:
''Sec. 514. Limitation on remedies in cases involving orphan works
''(a) Limitation on Remedies.--
''(1) Conditions.--Notwithstanding sections 502 through
505, in an action brought under this title for infringement of
copyright in a work, the remedies for infringement shall be
limited under subsection (b) if the infringer sustains the
burden of proving, and the court finds, that--
''(A) before the infringing use of the work began,
the infringer, a person acting on behalf of the
infringer, or any person jointly and severally liable
with the infringer for the infringement of the work--
''(i) performed and documented a reasonably
diligent search in good faith to locate the
owner of the infringed copyright; but
''(ii) was unable to locate the owner; and
''(B) the infringing use of the work provided
attribution, in a manner reasonable under the
circumstances, to the author and owner of the
copyright, if known with a reasonable degree of
certainty based on information obtained in performing
the reasonably diligent search.
''(2) Definitions; requirements for searches.--
''(A) Owner of infringed copyright.--For purposes
of paragraph (1), the 'owner' of an infringed copyright
in a work is the legal or beneficial owner of, or any
party with authority to grant or license, an exclusive
right under section 106 applicable to the infringement.
''(B) Requirements for reasonably diligent
search.--(i) For purposes of paragraph (1), a search to
locate the owner of an infringed copyright in a work--
''(I) is 'reasonably diligent' only if it
includes steps that are reasonable under the
circumstances to locate that owner in order to
obtain permission for the use of the work; and
''(II) is not 'reasonably diligent' solely
by reference to the lack of identifying
information with respect to the copyright on
the copy or phonorecord of the work.
''(ii) The steps referred to in clause (i)(I) shall
ordinarily include, at a minimum, review of the
information maintained by the Register of Copyrights
under subparagraph (C).
''(iii) A reasonably diligent search includes the
use of reasonably available expert assistance and
reasonably available technology, which may include, if
reasonable under the circumstances, resources for which
a charge or subscription fee is imposed.
''(C) Information to guide searches.--The Register
of Copyrights shall receive, maintain, and make
available to the public, including through the
Internet, information from authoritative sources, such
as industry guidelines, statements of best practices,
and other relevant documents, that is designed to
assist users in conducting and documenting a reasonably
diligent search under this subsection. Such information
may include--
''(i) the records of the Copyright Office
that are relevant to identifying and locating
copyright owners;
''(ii) other sources of copyright ownership
information reasonably available to users;
''(iii) methods to identify copyright
ownership information associated with a work;
''(iv) sources of reasonably available
technology tools and reasonably available
expert assistance; and
''(v) best practices for documenting a
reasonably diligent search.
''(b) Limitations on Remedies.--The limitations on remedies in a
case to which subsection (a) applies are the following:
''(1) Monetary relief.--
''(A) General rule.--Subject to subparagraph (B),
an award for monetary relief (including actual damages,
statutory damages, costs, and attorney's fees) may not
be made, other than an order requiring the infringer to
pay reasonable compensation for the use of the
infringed work.
''(B) Exceptions.--(i) An order requiring the
infringer to pay reasonable compensation for the use of
the infringed work may not be made under subparagraph
(A) if--
''(I) the infringement is performed without
any purpose of direct or indirect commercial
advantage and primarily for a charitable,
religious, scholarly, or educational purpose,
and
''(II) the infringer ceases the
infringement expeditiously after receiving
notice of the claim for infringement,
unless the copyright owner proves, and the court finds,
that the infringer has earned proceeds directly
attributable to the infringement.
''(ii) If the infringer fails to negotiate in good
faith with the owner of the infringed work regarding
the amount of reasonable compensation for the use of
the infringed work, the court may award full costs,
including a reasonable attorney's fee, against the
infringer under section 505, subject to section 412.
''(2) Injunctive relief.--
''(A) General rule.--Subject to subparagraph (B),
the court may impose injunctive relief to prevent or
restrain the infringing use, except that, if the
infringer has met the requirements of subsection (a),
the relief shall, to the extent practicable, account
for any harm that the relief would cause the infringer
due to its reliance on having performed a reasonably
diligent search under subsection (a).
''(B) Special rule for new works.--In a case in
which the infringer recasts, transforms, adapts, or
integrates the infringed work with the infringer's
original expression in a new work of authorship, the
court may not, in granting injunctive relief, restrain
the infringer's continued preparation or use of that
new work, if the infringer--
''(i) pays reasonable compensation to the
owner of the infringed copyright for the use of
the infringed work; and
''(ii) provides attribution to the owner of
the infringed copyright in a manner that the
court determines is reasonable under the
circumstances.
''(C) Treatment of parties not subject to suit.--
The limitations on remedies under this paragraph shall
not be available to an infringer that asserts in an
action under section 501(b) that neither it nor its
representative acting in an official capacity is
subject to suit in Federal court for an award of
damages to the copyright owner under section 504,
unless the court finds that such infringer has--
''(i) complied with the requirements of
subsection (a) of this section;
''(ii) made a good faith offer of
compensation that was rejected by the copyright
owner; and
''(iii) affirmed in writing its willingness
to pay such compensation to the copyright owner
upon the determination by the court that such
compensation was reasonable under paragraph (3)
of this subsection.
''(D) Construction.--Nothing in subparagraph (C)
shall be deemed to authorize or require, and no action
taken pursuant to subparagraph (C) shall be deemed to
constitute, an award of damages by the court against
the infringer.
''(E) Rights and privileges not waived.--No action
taken by an infringer pursuant to subparagraph (C)
shall be deemed to waive any right or privilege that,
as a matter of law, protects such infringer from being
subject to suit in Federal court for an award of
damages to the copyright owner under section 504.
''(3) Reasonable compensation.--In establishing reasonable
compensation under paragraph (1) or (2), the owner of the
infringed copyright has the burden of establishing the amount
on which a reasonable willing buyer and a reasonable willing
seller in the positions of the owner and the infringer would
have agreed with respect to the infringing use of the work
immediately before the infringement began.
''(c) Preservation of Other Rights, Limitations, and Defense.--This
section does not affect any right, limitation, or defense to copyright
infringement, including fair use, under this title. If another
provision of this title provides for a statutory license when the
copyright owner cannot be located, that provision applies in lieu of
this section.
''(d) Copyright for Derivative Works.--Notwithstanding section
103(a), the infringing use of a work in accordance with this section
shall not limit or affect the copyright protection for a work that uses
the infringed work.''.
(b) Conforming Amendment.--The table of sections for chapter 5 of
title 17, United States Code, is amended by adding at the end the
following new item:

''514. Limitation on remedies in cases involving orphan works''.
(c) Effective Date.--The amendments made by this section shall
apply only to infringing uses that commence on or after June 1, 2008.

SEC. 3. REPORT TO CONGRESS ON AMENDMENTS.

The Register of Copyrights shall, not later than December 12, 2014,
report to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the Senate on the
implementation and effects of the amendments made by section 2,
including any recommendations for legislative changes that the Register
considers appropriate.

SEC. 4. INQUIRY ON REMEDIES FOR SMALL COPYRIGHT CLAIMS.

(a) In General.--The Register of Copyrights shall conduct an
inquiry with respect to remedies for copyright infringement claims
seeking limited amounts of monetary relief, including consideration of
alternatives to disputes currently heard in the United States district
courts. The inquiry shall cover infringement claims to which section
514 of title 17, United States Code (as added by section 2 of this
Act), apply, and other infringement claims under title 17, United
States Code.
(b) Procedures.--The Register of Copyrights shall publish notice of
the inquiry under subsection (a), providing a period during which
interested persons may submit comments on the inquiry, and an
opportunity for interested persons to participate in public roundtables
on the inquiry. The Register shall hold the public roundtables at such
times as the Register considers appropriate.
(c) Report to Congress.--The Register of Copyrights shall, not
later than 1 year after the date of the enactment of this Act, prepare
and submit to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the Senate a
report on the inquiry conducted under this section, including such
recommendations that the Register considers appropriate.

Output: Orphan Works Act of 2006 - Limits the remedies available in a copyright infringement action if the infringer proves that: (1) the infringer performed and documented a reasonably diligent search in good faith to locate the copyright owner before using the work, but was unable to locate the owner; and (2) the infringing use of the work provided attribution to the author and owner of the copyright, if known.

Requires the Register of Copyrights to make information available from authoritative sources to assist users in conducting and documenting a reasonably diligent search.

Permits an award of reasonable compensation for the use of the infringed work, except if: (1) the infringement is performed without any commercial advantage and for primarily a charitable, religious, scholarly, or educational purpose; and (2) the infringer ceases the infringement expeditiously after receiving notice of the claim for infringement.

Allows the court to impose injunctive relief to prevent or restrain the infringing use, but such relief shall account for harm caused to the infringer due to reliance on having performed a reasonably diligent search. Prohibits the court from imposing injunctive relief that restrains the continued preparation or use of a new work that recasts, transforms, adapts, or integrates the infringed work with the infringer's original expression in a new work of authorship if the infringer pays reasonable compensation and provides attribution to the copyright owner.

Requires the Register of Copyrights to conduct an inquiry with respect to remedies for copyright infringement claims seeking limited amounts of monetary relief, including consideration of alternatives to disputes currently heard in the U.S. district courts.

Input: Consider Input: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

This Act may be cited as the ''Wildland Firefighters Health
Protection Act''.

SEC. 2. DEFINITIONS.

For the purposes of this Act--
(1) the term ''wildland firefighter'' means an employee of
a Federal land management agency, the duties of whose position
are primarily to perform work directly related to the
prevention, control, suppression, and management of wildfires,
including--
(A) an employee of a Federal land management agency
who is assigned to support wildland fire suppression
activities; and
(B) an employee who is transferred to a supervisory
or administrative position from a position of wildland
firefighter (as defined by the preceding provisions of
this paragraph);
(2) the term ''Federal land management agency'' means--
(A) within the Department of the Interior, the
Bureau of Land Management, the Bureau of Indian
Affairs, the National Park Service, and the Fish and
Wildlife Service; and
(B) within the Department of Agriculture, the
Forest Service; and
(3) the term ''employee'' has the meaning given such term
by section 2105 of title 5, United States Code.

SEC. 3. CLASSIFICATION OF WILDLAND FIREFIGHTERS.

(a) Requirements.--
(1) In general.--Within 30 days after the date of the
enactment of this Act, the Office of Personnel Management, in
cooperation with the Federal land management agencies, shall
commence development of a separate and distinct wildland
firefighter occupational series that will more accurately
reflect the variety of duties performed by wildland
firefighters.
(2) Designation.--The official title assigned to any
occupational series established pursuant to paragraph (1) shall
include the designation of ''Wildland Firefighter''.
(3) Positions described.--Paragraph (1) applies with
respect to any class or other category of positions that
consists primarily or exclusively of forestry technician
positions, range technician positions, or any other positions
the duties and responsibilities of which include--
(A) significant wildfire preparedness and
suppression activities; or
(B) activities necessary to meet any other
emergency incident to which assigned.
(4) Consultation.--Congress encourages the Office of
Personnel Management to consult with recognized employee
organizations, employee associations, and any other groups that
represent Federal wildland firefighters in carrying out this
subsection.
(b) Hazardous Duty Differential Not Affected.--Section 5545(d)(1)
of title 5, United States Code, is amended by striking all after
''except'' and inserting an em dash and the following:
''(A) an employee in an occupational series
covering positions for which the primary duties are
wildland firefighting, as determined by the Office; and
''(B) in such other circumstances as the Office may
by regulation prescribe; and''.
(c) Employees Currently in 401 Series.--Any individual who, as of
the date of the enactment of this Act, holds a position of wildland
firefighter shall have the option of either remaining in the 401 series
(as in effect on such date under chapter 51 of title 5, United States
Code) or being included in the new wildland firefighter series, as
established pursuant to subsection (a).

SEC. 4. PAY AND BENEFITS.

(a) In General.--In the case of a wildland firefighter, for full-
time, part-time, and intermittent tours of duty, hours of work
officially ordered or approved in excess of 40 hours per week or 8
hours per day shall be considered overtime work, inclusive of all time
the firefighter is away from their official duty station assigned to an
emergency incident, in support of an emergency incident, or pre-
positioned for emergency response, and shall be compensable as work
time in accordance with section 5542(a) of title 5, United States Code,
as amended by subsection (b)(1).
(b) Requirements.--
(1) Amendment to title 5.--Section 5542(a) of title 5,
United States Code, is amended by adding at the end (as a flush
left sentence) the following:
''Notwithstanding paragraphs (1) and (2), for a wildland firefighter
assigned to an emergency incident, assigned in support of an emergency
incident, or pre-positioned for emergency response, the overtime hourly
rate of pay is an amount equal to one and one-half times the hourly
rate of the basic pay of the employee, and that entire amount is
premium pay.''.
(2) Fair labor standards act of 1938.--For the purpose of
applying the provisions of the Fair Labor Standards Act of 1938
(29 U.S.C. 201, et seq.) with respect to wildland firefighters,
no violation referred to in such provisions shall be considered
to have occurred if the requirements described in paragraph (1)
are met.
(c) Portal-to-Portal Compensation Pilot Program.--
(1) Funding.--There is authorized to be appropriated
$25,000,000 to initiate a portal-to-portal pilot program under
this subsection, commencing with the 2013 wildfire season. Any
sums required in addition to amounts appropriated pursuant to
the preceding sentence may be secured from the existing
wildfire suppression budget for the fiscal year in which the
season occurs.
(2) Duration.--The pilot program shall be carried out by
the Department of the Interior and the Department of
Agriculture for a period not to exceed 3 calendar years
beginning as of the start of the 2013 wildfire season.
(3) Report.--No later than 90 days after the completion of
the pilot program, the Secretary of the Interior and the
Secretary of Agriculture shall submit to Congress a joint
report on the effectiveness of the pilot program. Such report
shall address the effect of the program with respect to--
(A) recruitment and retention of wildland
firefighters; and
(B) any cost savings.
(4) Additional requirements.--To ensure adequate funding
and to realize maximum wildfire suppression savings, the
Secretary of the Interior and the Secretary of Agriculture
shall take appropriate measures to ensure that total funding
for non-Federal fire suppression personnel and other resources,
by their respective Departments--
(A) for the first year of the pilot program, do not
exceed 90 percent of their combined non-Federal fire
suppression costs for the 2011 and 2012 wildfire
seasons;
(B) for the second year of the pilot program, do
not exceed 75 percent of their combined non-Federal
fire suppression costs for the 2011 and 2012 wildfire
seasons; and
(C) for the third year of the pilot program, do not
exceed 65 percent of their combined non-Federal fire
suppression costs for the 2011 and 2012 wildfire
seasons.
(d) Hazardous Duty Differential To Be Treated as Part of a Wildland
Firefighter's Base Pay for Retirement Purposes.--
(1) In general.--Section 8331(3) of title 5, United States
Code is amended--
(A) in subparagraph (G), by striking ''and'' at the
end;
(B) in subparagraph (H), by inserting ''and'' at
the end; and
(C) by adding after subparagraph (H) the following:
''(I) with respect to a wildland firefighter (as
defined by section 2 of the Wildland Firefighters
Health Protection Act), any pay differential received
under section 5545(d);''.
(2) Conforming amendment.--Such section 8331(3) is further
amended, in the matter following subparagraph (I) (as added by
paragraph (1)(C)), by striking ''subparagraphs (B) through (H)
of this paragraph'' and inserting ''subparagraphs (B) through
(I),''.
(e) Hazardous Duty Differential.--
(1) In general.--In the administration of section 5545(d)
of title 5, United States Code, the Office of Personnel
Management shall take such measures as may be necessary to
ensure that, under the schedule or schedules of pay
differentials for duty involving unusual physical hardship or
hazard, a pay differential of 25 percent shall be payable to an
individual while serving as a member of a wildland firefighting
crew.
(2) Definition.--For purposes of this subsection, the term
''wildland firefighting crew'' includes ground (hand crew,
hotshot, engine, and other fire apparatus personnel) and
airborne (smoke jumper or helitack) firefighting personnel on
the fire line of any wildfire or prescribed fuel treatment burn
or fire, as further defined in regulations of the Office of
Personnel Management.
(f) Benefits for Seasonal Wildland Firefighters.--
(1) Provisions relating to life insurance.--Section 8716(b)
of title 5, United States Code, is amended--
(A) in paragraph (2), by striking ''or'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting ''; or''; and
(C) by adding after paragraph (3) the following:
''(4) a wildland firefighter within the meaning of section
2 of the Wildland Firefighters Health Protection Act.''.
(2) Provisions relating to health benefits.--Section
8913(b) of title 5, United States Code, is amended--
(A) in paragraph (3), by striking ''or'' at the
end;
(B) in paragraph (4), by striking the period at the
end and inserting ''; or''; and
(C) by adding after paragraph (4) the following:
''(5) a wildland firefighter within the meaning of section
2 of the Wildland Firefighters Health Protection Act.''.
(g) Buy Back of Civilian Time After 1989.--
(1) In general.--Any individual who is subject to the
Federal Employees' Retirement System as a firefighter (within
the meaning of section 8401 of title 5, United States Code) on
the date of the enactment of this Act shall be entitled to have
any qualifying firefighter service treated as creditable
service under section 8411 of such title.
(2) Qualifying firefighter service.--For purposes of this
subsection, the term ''qualifying firefighter service'' means,
in connection with an individual, any service--
(A) which was performed by such individual, as a
wildland firefighter, after 1989 and before the date of
the enactment of this Act; and
(B) for which such individual was not allowed to
receive retirement credit by reason of section 8347(g)
or 8402(c) of such title 5.
(3) Deposit requirement.--Credit for a period of service
may not be given under this subsection unless the individual
involved makes a deposit, in such manner as the Office of
Personnel Management may by regulation require, equal to the
employee contributions that would have been required (in the
case of a firefighter) for such period under section 8334(c) or
8422(a) of such title 5, with interest.
(4) Certification.--The Office of Personnel Management
shall accept the certification of the Secretary of the Interior
or the Secretary of Agriculture, as the case may be, concerning
whether an individual performed qualifying firefighter service
and the length of the period of such service the individual
performed.

Output: Wildland Firefighters Health Protection Act - Defines "wildland firefighter" as an employee of a federal land management agency who performs work directly related to the prevention, control, suppression, and management of wildfires, including an employee who is assigned to support wildland fire suppression activities and an employee who is transferred to a supervisory or administrative position.

Directs the Office of Personnel Management (OPM), in cooperation with such agencies, to commence development of a separate wildland firefighter occupational series that will more accurately reflect the variety of duties performed.

Requires a wildland firefighter's hours of work officially ordered or approved in excess of 40 hours per week or 8 hours per day to be considered overtime work. Makes time the firefighter is away from his or her official duty station assigned to an emergency incident, in support of an emergency incident, or pre-positioned for emergency response compensable as work time. Includes hazardous duty differentials as basic pay for retirement purposes.

Prohibits OPM from excluding wildland firefighters from federal employees' group life insurance (FEGLI) and from federal health care benefits.

Input: Consider Input: SECTION 1. SHORT TITLE.

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

SEC. 2. VICTIMS OF SERIOUS LABOR AND EMPLOYMENT VIOLATIONS OR CRIME.

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

SEC. 3. LABOR ENFORCEMENT ACTIONS.

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

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as may be
necessary to carry out this Act and the amendments made by this Act.
Output: Protect Our Workers from Exploitation and Retaliation Act or the POWER Act This bill amends the Immigration and Nationality Act to expand the nonimmigrant U-visa category (crime victims and their immediate family members) to include an alien who: has suffered substantial abuse or harm resulting from a workplace violation claim; is a victim of specified criminal activity or a workplace violation and would suffer extreme hardship upon removal; has been helpful in a workplace violation investigation; or has filed, is a material witness in, or is likely to be helpful in the investigation of, a workplace claim and reasonably fears, or has been the victim of, employer retaliation. An alien who is a material witness in a workplace claim and who has been helpful in a related law enforcement action may remain and work temporarily in the United States. In a Department of Homeland Security workplace enforcement action a detained alien: (1) who is necessary as a witness shall not be removed until the appropriate law enforcement agency is notified and has an opportunity to interview such individual, and (2) who is entitled to a stay or abeyance of removal shall not be removed. An alien in removal proceedings who is a witness in a workplace claim or who has filed for U-visa status shall be entitled to a stay or abeyance of removal and permitted to work until the claim's disposition unless the alien has been convicted of a felony or filed a bad faith claim.