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On 02/18/13 the Miami Herald obtained three separate immigration reform bills drafted by the White House.
The draft bill text follows and covers: Title I: Border and Interior Enforcement Title II: Legalization of Undocumented Individuals Subtitle X: Verification of Employment
AILA InfoNet Doc. No. 13021945. (Posted 2/19/13)
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 SEC. 101. SEC. 102. SEC. 103. SEC. 104. SEC. 105. SEC. 106. SEC. 107. SEC. 108. SEC. 109. SEC. 110. SEC.111. SEC. 112. SEC. 113. SEC. 100. FINDINGS
TITLE I ENFORCEMENT
SUBTITLE A INVESTING IN BORDER SECURITY AND INFRASTRUCTURE
SEC. 114. SEC. 115. SEC. 116.
TECHNOLOGICAL ASSETS REIMBURSABLE FEE AGREEMENTS PORTOF ENTRY INSPECTORS LAND BORDER CROSSING FEE STUDY CUSTOM AND BORDER PROTECTION INSPECTION FEE CHANGES AUTHORITY TO ACCEPT DONATIONS IN SUPPORT OF LAND PORTS OF ENTRY ENHANCING AND PROMOTING TRAVEL AND PORT MODERNIZATION BORDER COMMUNITIES LIAISON OFFICE IMPROVED TRAINING FOR BORDER AND IMMIGRATION OFFICERS REDUCING ILLEGAL IMMIGRATION AND ALIEN SMUGGLING ON TRIBAL LANDS REPORT ON DEATHS. AUTHORITIES FOR LAW ENFORCEMENT PARTNERSHIPS AUTHORITY OF FOREIGN CUSTOMS OFFICERS CONDUCTING PRECLEARANCE ACTIVITIES IN THE UNITED STATES TO CARRY AND USE FIREARMS AND OTHER WEAPONS AND RESTRAINT DEVICES, NOTWITHSTANDING STATE AND LOCAL FIREARMS LAWS STATIONING OF LAW ENFORCEMENT OFFICIALS FEDERAL JURISDICTION OVER PERSONNEL WORKING AS PART OF CROSS-BORDER INITIATIVES. UNLAWFUL FLIGHT FROM IMMIGRATION OR CUSTOMS CONTROLS AND DISOBEYANCE OF LAWFUL ORDERS.
SUBTITLE B BUILDING A FAIR AND FIRM ENFORCEMENT SYSTEM SEC. 117. SEC. 118. SEC. 119. SEC. 120. SEC. 121. SEC. 122. SEC. 123. FEDERAL PREMPTION REMOVAL OF NONIMMIGRANT OVERSTAYS. BIOMETRIC SCREENING SANCTIONS FOR COUNTRIES THAT DELAY OR PREVENT REPATRIATION OF THEIR CITIZENS AND NATIONALS. CUSTODY OPTIONS FOR ALIENS DETERMINED TO HAVE A CREDIBLE FEAR. AGGRAVATED FELONY. FINALITY OF CONVICTIONS. 1
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SEC. 124. SEC 125. SEC. 126. SEC. 127. SEC. 128. SEC. 129. SEC. 130. SEC. 131. SEC 132. SEC. 133.
SEC. 134. SEC. 135. SEC. 136.
SEC. 137.
CANCELLATION OF REMOVAL REDUCING STATELESSNESS. WILLFUL FAILURE TO COMPLY WITH TERMS OF RELEASE UNDER SUPERVISION. EQUAL ACCESS TO JUSTICE ACT VISA WAIVER PROGRAM REFORMS INTERVIEW WAIVERS FOR LOW RISK VISA APPLICANTS. REFORM OF PASSPORT, VISA, AND IMMIGRATION FRAUD OFFENSES. INADMISSIBILITY AND DEPORTABILITY FOR PASSPORT AND IMMIGRATION FRAUD OFFENSES. COMBATING SCHEMES TO DEFRAUD ALIENS STATUTE OF LIMITATIONS FOR VISA FRAUD AND OTHER FALSE STATEMENTS INVOLVOING HUMAN RIGHTS VIOLATIONS CRIMINAL PENALTY FOR BRINGING HUMAN RIGHTS VIOLATORS INTO THE UNITED STATES. INCARCERATION OF CRIMINAL ALIENS. REFORMS TO PROCESSING OF ILLEGAL ALIENS APPREHENDED BY STATE AND LOCAL LAW ENFORCEMENT OFFICERS AND DATA COLLECTION. DATA COLLECTION RELATED REFORMS TO 287(G) AGREEMENTS SUBTITLE C-FIGHTING TRANSNATIONAL CRIME
SEC. 138. SEC. 139. SEC 140. SEC. 141. SEC. 142. SEC. 143. SEC. 144. SEC. 145. SEC. 146. SEC. 147. SEC. 148. SEC. 149. SEC. 150. SEC. 151.
LAUNDERING OF MONETARY INSTRUMENTS KNOWLEDGE REQUIREMENT IN CONCEALMENT MONEY LAUNDERING ILLEGAL MONEY TRANSMITTING BUSINESSES BULK CASH SMUGGLING INCORPORATING INFORMAL VALUE TRANSFER SYSTEMS INTO SECTION 1957 CRIMINAL FORFEITURE. SUBPOENAS IN MONEY LAUNDERING AND FORFEITURE CASES CIVIL FORFEITURE CASES BASED UPON FOREIGN OFFENSES UPDATING ADMINISTRATIVE FORFEITURE AUTHORITY ALIEN SMUGGLING AND HARBORING PROPERTY DETAINED AT THE BORDER PERMIT INTERNATIONAL COOPERATION REGARDING WITNESS RELOCATION. PENALTIES RELATING TO VESSELS AND AIRCRAFT. TERRITORIAL JURISDICTION OVER CERTAIN ACTIVITIES OCCURRING ON VESSELS AND AIRCRAFT OF THE UNITED STATES 2
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SEC. 152. SEC. 153.
SEC. 154.
ORGANIZED AND ABUSIVE HUMAN SMUGGLING ACTIVITIES. UNIFORM STATUTE OF LIMITATIONS FOR CERTAIN IMMIGRATION, PASSPORT, AND NATURALIZATION OFFENSES. DIRECTIVES TO THE UNITED STATES SENTENCING COMMISSION
SUBTITLE D-STRENGTHENING THE IMMIGRATION COURT SYSTEM
SEC. 155. SEC. 156. SEC. 157. SEC. 158. SEC. 159. SEC. 160. SEC. 161. SEC. 162.
IMMIGRATION COURTS PERSONNEL CLARIFYING IMMIGRATION JUDGE AUTHORITY DEFINING BOARD OF IMMIGRATION APPEALS INCREASING ACCESS TO LEGAL SERVICES TRAINING AND RESOURCE CENTER SECURE ALTERNATIVES PROGRAM. OFFICE OF LEGAL ACCESS PROGRAMS PROVISIONS GOVERNING MENTALLY INCOMPETENT ALIENS
SEC. 100. FINDINGS Congress finds the following: 1. Today, our borders are more secure than at any time in history. 2. An unprecedented range of personnel, infrastructure, technology, equipment, and air and marine assets have been deployed along our borders. 3. Thousands of technology assets including mobile surveillance, thermal imaging, and large- and small-scale non-intrusive inspection equipment, including 124 aircraft and six Unmanned Aircraft Systems operate along the Southwest border. 4. The Department of Homeland Security (DHS) has completed 651 miles of fencing along the southwest border. This includes 299 miles of vehicle barriers and 352 miles of pedestrian fence. 5. The U.S. Border Patrol is better staffed today than at any time in its 88-year history, and has doubled the number of agents from approximately 10,000 in 2004 to more than 21,000 today. 6. Since 2004, the number of officers along the Southwest border has increased by 94% to nearly 18,500 Border Patrol Agents today. And over 3,800 Border Patrol Agents man the Northern border, representing a 700 percent increase since 2001. 7. U.S. Immigration and Customs Enforcement (ICE) has deployed a quarter of all its operational personnel to the Southwest border region, has doubled the number of
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personnel assigned to identify, disrupt, and dismantle criminal organizations that pose significant threats to border security, and has more than tripled deployments of Border Liaison Officers who facilitate cooperation between U.S. and Mexican law enforcement authorities on investigations and enforcement operations. 8. These significant investments in border security have resulted in unmatched levels of operational capabilities, which in turn have resulted in increased interdiction of drugs, weapons, and currency, a 53% decrease in apprehensions of illegal aliens, indicating that fewer people are attempting to illegally cross the border, and decreased crime and increased public safety in border towns and states. 9. Since 2008, crime rates in border cities like Nogales, Tucson, and San Diego have steadily decreased and crime has decreased in each of the four Southwest border states Arizona, California, New Mexico, and Texas. 10. According to 2010 FBI crime reports, violent crimes in the Southwest border states have dropped by an average of 40 percent in the last two decades. 11. In addition to its unprecedented efforts at the Southwest border, ICE continues to fulfill its law enforcement mission by targeting criminal aliens who pose a threat to public safety and deterring illegal employment. 12. In FY 2012, ICE removed more than 409,000 individuals - the largest number in the agencys history. ICE has focused its enforcement efforts on convicted criminals (doubling the number of such removals between FY 2008 and FY 2012), repeat immigration law violators, recent border entrants, and immigration fugitive operations teams focused on apprehending at-large convicted felons. 13. In the last four years, ICE has audited more than 8,932 employers suspected of hiring illegal labor, debarred 8,590 companies and individuals, and imposed more than $100.3 million in financial sanctionsmore than the total number of audits and debarments than during the entire previous administration. 14. Employer enrollment in E-Verify has more than doubled since January 2009, with more than 416,033 companies representing more than 1.2 million hiring sites participating in the program. More than 20 million queries were processed in EVerify in FY 2012, allowing businesses to determine the eligibility of their employees to work in the United States. Thus far in FY 2013, over 4.8 million queries have been run through the system.
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15. As a result of DHS enforcement efforts, the number of aliens put into removal proceedings has increased, and the number of cases pending before immigration courts within the Executive Office for Immigration Review is at an all-time high. On average, the typical immigration judge has well over 1,000 cases on his or her docket, which is much higher than judges in other comparable tribunals. 16. Last year, about half of non-detained respondents in removal proceedings were unrepresented and more than seventy-five percent of detained respondents in removal proceedings were unrepresented. The lack of adequate legal assistance in removal proceedings leads to delays in proceedings and reduces the efficiency of the immigration court system. 17. The Executive Office for Immigration Reviews Legal Orientation Program improves the efficiency of immigration proceedings by assisting aliens in making informed and timely decisions regarding their immigration proceedings. Research shows that Legal Orientation Program participants move through immigration court more quickly and, therefore, likely spend less time in detention at taxpayer expense than people who do not have access to legal help. In order to continue the important work of the executive branch to secure the border and our nations interior, and mete out a fair, efficient system of enforcing our laws, it is imperative that Congress fund and make improvements to our border security and immigration enterprise. SUBTITLE A INVESTING IN BORDER SECURITY: ASSETS, RESOURCES, AND INFRASTRUCTURE
SEC. 101. TECHNOLOGICAL ASSETS. (a) ACQUISITIONSubject to the availability of appropriations for such purpose, the Secretary shall consider the continued use of existing technologies or acquisition of additional technologies to further Department of Homeland Security efforts to secure the land and maritime borders of the United States. (b) PRIVACY AND CIVIL LIBERTIES ASSESSMENTS The Secretary, in consultation with the Attorney General, shall conduct a privacy impact assessment
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and a civil liberties impact assessment prior to the deployment of the technologies under this section.
SEC. 102. REIMBURSABLE FEE AGREEMENTS (a) Notwithstanding sections 58c(e) and 1451 of Title 19, United States Code, upon the request of any persons, the Commissioner of U.S. Customs and Border Protection may enter into reimbursable fee agreements for a period of up to 5 years with such persons for the provision of U.S. Customs and Border Protection services and any other costs incurred by U.S. Customs and Border Protection relating to such services. Such requests may include additional U.S. Customs and Border Protection services at existing U.S. Customs and Border Protection-serviced facilities (including but not limited to payment for overtime), the provision of U.S. Customs and Border Protection services at new facilities, and expanded U.S. Customs and Border Protection services at land border facilities. (1) Within the first calendar year after enactment of this section, the Commissioner may enter into no more than 5 agreements under this section. (2) The Commissioner shall not enter into such an agreement if it would unduly and permanently impact services funded in this or any other appropriations Acts, or provided from any accounts in the Treasury of the United States derived by the collection of fees. (b) Funds collected pursuant to any agreement entered into under this section shall be deposited in a newly established account as offsetting collections and remain available until expended, without fiscal year limitation, and shall directly reimburse each appropriation for the amount paid out of that appropriation for any expenses incurred by U.S. Customs and Border Protection in providing U.S. Customs and Border Protection services and any other costs incurred by U.S. Customs and Border Protection relating to such services.
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(c) The amount of the fee to be charged pursuant to an agreement authorized under subsection (a) of this section shall be paid by each person requesting U.S. Customs and Border Protection services and shall include, but shall not be limited to, the salaries and expenses of individuals employed by U.S. Customs and Border Protection to provide such U.S. Customs and Border Protection services and other costs incurred by U.S. Customs and Border Protection relating to those services, such as temporary placement or permanent relocation of those individuals. (d) FAILURE TO PAY FEE U.S. Customs and Border Protection shall terminate the provision of services pursuant to an agreement entered into under subsection (a) with a person that, after receiving notice from the Commissioner that a fee imposed under subsection (a) is due, fails to pay the fee in a timely manner. In the event of such termination, all costs incurred by U.S. Customs and Border Protection, which have not been reimbursed, will become immediately due and payable. Interest on unpaid fees will accrue based on current U.S. Treasury borrowing rates. Additionally, any person who, after notice and demand for payment of any fee charged under subsection (a) of this section, fails to pay such fee in a timely manner shall be liable for a penalty or liquidated damage equal to two times the amount of the fee. Any amount collected pursuant to any agreement entered into under this subsection shall be deposited into the account specified under subsection (b) of this section and shall be available as described therein. (e) PROVISION OF FACILITIES AND EQUIPMENTEach facility at which such U.S. Customs and Border Protection services are performed shall provide, maintain, and equip, without cost to the Government, facilities in accordance with U.S. Customs and Border Protection specifications. (f) AGREEMENTS WITH FOREIGN PERSONSThe authority found in this section may not be used to enter into agreements to expand or begin to provide U.S. Customs and Border Protection services outside of the United States.
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(g) AGREEMENTS PERTAINING TO OPERATIONS AT EXISTING AIR FACILITIES The authority found in this section may not be used at existing U.S. Customs and Border Protection-serviced air facilities to enter into agreements for costs other than payment of overtime, premium pay, and associated benefit costs. (h) The Commissioner shall notify the appropriate Committees of Congress 15 days prior to entering into any agreement under the authority of this section and shall provide a copy of the agreement to the appropriate Committees of Congress. (i) DEFINITIONSFor purposes of this section the terms: (1) U.S. Customs and Border Protection services means any activities of any employee or contractor of U.S. Customs and Border Protection pertaining to customs and immigration inspection-related matters. (2) Person means any natural person or any corporation, partnership, trust, association, or any other public or private entity, or any officer, employee, or agent thereof. (3) appropriate Committees of Congress means the Committees on Appropriations; Finance; Judiciary; and Homeland Security and Governmental Affairs of the Senate and the Committees on Appropriations; Judiciary; Ways and Means; and Homeland Security of the House of Representatives. SEC.103.PORT OF ENTRY INSPECTORS.Notwithstanding any other provision of law, the Secretary is authorized, in accordance with the fee collected in section 104 and subject to the availability of appropriations, to hire full-time active duty port of entry inspectors and provide appropriate training, equipment, and support to such additional inspectors to carry out the requirements of this Act.
SEC. 104. LAND BORDER CROSSING FEE STUDY (a) The Commissioner of the United States Customs and Border Protection shall:
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(1) conduct a study assessing the feasibility and cost relating to establishing and collecting a land border crossing fee for both land border pedestrians and passenger vehicles along the northern and southwest borders of the United States. The study should include: (I) the feasibility of collecting from existing operators on the land border such as bridge commissions, toll operators, commercial passenger bus, and commercial passenger rail; (II) requirements to collect at land ports of entry where existing capability is not present; and, (III) any legal and regulatory impediments to establishing and collecting a land border crossing fee. (2) complete the study within 9 months of enactment of this Act.
SEC.105. CUSTOMS AND BORDER PROTECTION INSPECTION FEE CHANGES (a) Section 13031(f)(3)(A) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)(A)) is amended as follows: (1) by amending clause (i) to read as follows:: (i) in-(I) paying overtime compensation under section 267(a) of this title, (II) paying premium pay under section 267(b) of this title, but the amount for which reimbursement may be made under this subclause may not, for any fiscal year, exceed the difference between the total cost of all the premium pay for such year calculated under section 267(b) of this title and the cost of the night and holiday premium pay that the Customs Service would have incurred for the same inspectional work on the day before August 10, 1993, (III) providing salaries for full-time inspectional personnel, (IV) paying agency contributions to the Civil Service Retirement and Disability Fund to match deductions from the overtime compensation paid under subclause (I), (V) providing all preclearance services for which the recipients of such services are not required to reimburse the Secretary of the Treasury, and
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(VI) paying foreign language proficiency awards under section 267a of this title, (2) by amending the flush sentence after clause (iii) to read as follows: The transfer of funds required under subparagraph (C)(iii) has priority over reimbursements under this subparagraph to carry out subclauses (II), (III), (IV), (V), and (VI) of clause (i). Funds described in clause (ii) shall only be available to reimburse costs in excess of the highest amount appropriated for such costs during the period beginning with fiscal year 1990 and ending with the current fiscal year. (b) Section 13031(j)(3)(B) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)(b)) is amended by striking clause (ii). (c) Section 13031(a) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)) is amended as follows: (1) in paragraph (1), by striking $397 and inserting $594; (2) in paragraph (2), by striking $5 and inserting $7.50; (3) in paragraph (3), by striking $7.50 and inserting $11.25; (4) in paragraph (5)(A), by striking $5 and inserting $7.50; (5) in paragraph (5)(B), by striking $1.75 and inserting $4; (6) in paragraph (6), by striking $5 and inserting $7.50; (7) in paragraph (7), by striking $125 and inserting $188; and (8) in paragraph (8), by striking $100 and inserting $150. (d) Section 13031(b) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(b)) is amended as follows: (1) In paragraph (2), by striking $100 and inserting $135; (2) In paragraph (3), by striking $100 and inserting $135; (3) In paragraph (5)(A), by striking $5,955 and inserting $8,100; (4) In paragraph (6), by striking $1,500 and inserting $2,040; (5) In paragraph (9)(A)(ii), by striking $.66 and inserting $2; and (6) In paragraph (9)(B)(i), by striking not more than $1.00 and inserting not more than $3.00. (e) Section 13031 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c) is amended by adding the following at its end: (l) Adjustments (1) Inflation Adjustment of Fees
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Beginning in fiscal year 2015, the fees charged under paragraphs (1) through (3) and paragraphs (5) through (8) of subsection (a) of this section shall each be adjusted annually by the Secretary of the Treasury through a Federal Register notice, without regard to the notice and comment provisions of section 553 of title 5 of the United States Code, to reflect any fluctuation in the Consumer Price Index of the Bureau of Labor Statistics of the Department of Labor from when the fee amounts were last changed. (A) No fee adjustment required by this subsection shall take effect until at least 30 days after notice of the fee has been published. (B) The adjustment required by this subsection shall be ignored if such an adjustment would result in an increase or decrease of less than 10% of the fee as measured from when such fee amounts were last changed. (C) All fees which require adjustment under this subsection shall be rounded upward to the next $0.25 increment. (D) Increases or decreases in fees made pursuant to this subsection shall not be subject to judicial review. (2) Inflation Adjustment of Caps For fiscal year 2015 and thereafter, the dollar amounts under paragraphs (2), (3), (5)(A), and (6) of subsection (b) of this section shall each be adjusted annually by the Secretary of the Treasury through a Federal Register notice, without regard to the notice and comment provisions of section 553 of title 5 of the United States Code, to reflect any fluctuation in the Consumer Price Index of the Bureau of Labor Statistics of the Department of Labor from when the dollar amounts were last changed. (A) No adjustment required by this subsection shall take effect until at least 30 days after notice of the fee has been published. (B) The adjustment required by this subsection shall be ignored if such an adjustment would result in an increase or decrease of less than 10% of the fee as measured from when such amounts were last changed.
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(C) All amounts which require adjustment under this subsection shall be rounded upward to the next $1.00 increment. (D) Increases or decreases in amounts made pursuant to this subsection shall not be subject to judicial review. (f) IMMIGRATION USER FEE CHANGES Section 286 of the Immigration and Nationality Act (8 U.S.C. 1356) is amended as follows-(1) In subsection (d), by striking $7 and inserting $9; and (2) In subsection (e)(3), by striking $3 and inserting $5. (3) By inserting the following after subsection (o): (p) Inflation Adjustment of Certain Fees Beginning in fiscal year 2015, the fees charged under subsections (d) and (e)(3) of this section shall each be adjusted annually by the Attorney through a Federal Register notice, without regard to the notice and comment provisions of section 553 of title 5 of the United States Code, to reflect any fluctuation in the Consumer Price Index of the Bureau of Labor Statistics of the Department of Labor from when the fee amounts were last changed. (A) No fee adjustment required by this subsection shall take effect until at least 30 days after notice of the fee has been published. (B) The adjustment required by this subsection shall be ignored if such an adjustment would result in an increase or decrease of less than 10% of the fee as measured from when such fee amounts were last changed. (C) All fees which require adjustment under this subsection shall be rounded upward to the next $0.25 increment. (D) Increases or decreases in fees made pursuant to this subsection shall not be subject to judicial review. SEC. 106. AUTHORITY TO ACCEPT DONATIONS IN SUPPORT OF LAND PORTS OF ENTRY
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(a) IN GENERAL Notwithstanding any other provision of law, including Chapter 33 of Title 40, United States Code, the Secretary of Homeland Security may, for purposes of constructing, altering, operating or maintaining a new or existing land port of entry facility, accept donations of real and personal property (including monetary donations) and nonpersonal services, from private parties and State and local government entities. (b) PURPOSES The Secretary of Homeland Security may, with respect to any donation provided pursuant to subsection (a), (1) use such property or services for necessary expenses related to the construction, alteration, operation or maintenance of a new or existing land port of entry facility under the custody and control of the Secretary, specifically including but not limited to expenses related to land acquisition, design, construction, repair and alteration, furniture and fixtures and equipment (FFE), deployment of technology and equipment, and operation and maintenance (O&M); or (2) transfer such property or services to the Administrator of General Services for necessary expenses as described in subparagraph (b)(1) above related to a new or existing land port of entry facility under the custody and control of the Administrator. (c) SUPPLEMENTAL FUNDING Property (including monetary donations) and services provided pursuant to subsection (a) may be used in addition to any other funding (including appropriated funds), property or services made available for the same purpose. (d) UNCONDITIONAL DONATIONS A donation provided pursuant to subsection (a) may specify the land port of entry facility(ies) in support of which the donation is being made and the timeframe in which the donated property or services must be used, but must otherwise be made unconditionally.
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(e) RETURN OF DONATIONS If the Secretary or Administrator do not use the property or services donated pursuant to subsection (a) for the specific land port of entry facility(ies) designated or within the timeframe specified, then such donated property or services shall be returned to the entity that made the donation; provided, however, that no interest shall be owed on any donation of funding provided under subsection (a) and returned pursuant to this subparagraph. (f) SAVINGS Nothing in this Section shall be deemed to affect or alter the underlying authority of the Secretary of Homeland Security or the Administrator of General Services to construct, alter, operate and maintain land port of entry facilities.
SEC. 107.ENHANCING AND PROMOTING TRAVEL AND PORT MODERNIZATION. (a) TRAVEL PROMOTION FUND FEES.--Section 217(h)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1187(h)(3)(B)) is amended as follows-(1) by inserting, For fiscal years 2011 through 2015, in the beginning of clause (ii); (2) by inserting, provide and before administer the System in clause (ii); (3) by striking clause (iii), and inserting the following: (iii) CBP Travel Facilitation Account (I) There is hereby established in the Treasury an account which shall be known as the CBP Travel Facilitation Account. (II) Amounts deposited in this account, pursuant to clause (iv) of this paragraph, shall be available until expended, without fiscal year limitation, for the following purposes:
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(1) Any expenses (including, but not limited to, employee salaries and benefits) incurred by U.S. Customs and Border Protection in carrying out the provisions of section 1752a of title 8; and/or (2) Any expenses incurred in the implementation, maintenance, or marketing of any travel facilitation programs administered by U.S. Customs and Border Protection, including, but not limited to, the program required by subsection (k) of section 1365b of title 8. (III) All amounts deposited into this account shall be available in addition to any other appropriated funds.; and (4) by inserting after clause (iii) the following: (iv) Disposition of Travel Authorization Fee after September 30, 2015 For fiscal years beginning after September 30, 2015, XX% of all fees collected pursuant to clause (i)(I) shall be deposited into the CBP Travel Facilitation Account. (b) CORPORATION FOR TRAVEL PROMOTION EXTENSION OF ACCESS TO FEES.--Subsection (d) of the Travel Promotion Act of 2009 (22 U.S.C. 2131(d)) is amended-(1) by striking through 2015 in paragraph (2)(B) and inserting and thereafter; (2) by striking fiscal year 2011, 2012, 2013, 2014, or 2015 in paragraph (4)(B) and inserting fiscal year 2011, 2012, 2013, 2014, 2015, and thereafter; and (3) by inserting after paragraph (2)(B) the following:
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(C) For fiscal year 2016 and thereafter, only XX% of the fees collected under section 1187(h)(3)(B)(i)(I) of Title 8 shall be deposited in the general fund of the Treasury for the purpose set forth in subparagraph (B). (D) At the end of fiscal year 2016 and each fiscal year thereafter, the Secretary of the Treasury shall transfer the difference, if any, between amounts deposited under subparagraph (C) and any amount made available to the Corporation under subparagraph (B), to the CBP Travel Facilitation Account established by section 1187(h)(3)(B)(iii) of title 8, and such funds shall be available as described therein. SEC. 108.BORDER COMMUNITIES LIAISON OFFICE. (a) IN GENERAL.The Secretary shall establish a border communities liaison office in each border patrol sector and at designated ports of entry on the southern and the northern borders. These offices shall report directly to a Border Communities Liaison Officer housed within the Office of the Secretary who shall have the authority to address, coordinate, and investigate matters as detailed below. (b) PURPOSE. The purpose of the border communities liaison office shall be to (1) foster and institutionalize consultation with border communities on policies, directives, and laws affecting such communities; (2) provide information to border communities on such policies, directives, and laws; (3) coordinate regular outreach and public education regarding border enforcement policies and programs; and (4) receive concerns and complaints raised by border communities. (c) Not less than 180 days after enactment of this Act, the Secretary shall establish a uniform procedure for filing, tracking, and addressing complaints received regarding Customs and Border Patrol Protection actions. (d) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary in each of the fiscal years 2014 through 2018 to carry out this section.
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SEC. 109. IMPROVED TRAINING FOR BORDER AND IMMIGRATION OFFICERS. The Secretary shall ensure that Department of Homeland Security border and immigration officers receive appropriate training in immigration law and procedures including protections for victims of crime or persecution, civil rights and civil liberties issues, and where appropriate, use of force policies and procedures.
SEC. 110. REDUCING ILLEGAL IMMIGRATION AND ALIEN SMUGGLING ON TRIBAL LANDS. (a) GRANTS AUTHORIZED.The Secretary may award grants to Indian tribes that have been adversely affected by illegal immigration. (b) USE OF FUNDS.Grants awarded under subsection (a) may be used for-(1) law enforcement activities, including enforcing licensing restrictions on electronic devices; (2) health care services; (3) environmental restoration; and (4) the preservation of cultural resources.
SEC.111. REPORT ON DEATHS. (a) IN GENERAL.The Commissioner of the United States Customs and Border Protection shall (1) collect statistics relating to deaths occurring at the border between the United States and Mexico, including the total number of deaths; (2) publish the statistics collected under paragraph (1) on a quarterly basis;
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SEC. 112. AUTHORITIES FOR LAW ENFORCEMENT PARTNERSHIPS Section 629(g) of the Tariff Act of 1930, as amended, (19 U.S.C. 1629(g)) is amended to read as follows: (g) Privileges and immunities Any person designated to perform the duties of an officer of the Customs Service pursuant to section 1401(i) of this title shall be entitled to the same privileges and immunities as an officer of the Customs Service, or with respect to a foreign law enforcement officer designated pursuant to section 1401(i) of this title, privileges and immunities as afforded by treaty, agreement, or law, with respect to any actions taken by the designated person in the performance of such duties. The Secretary of State, in coordination with the Secretary, may enter into agreements with any foreign country to extend to officers of that foreign government who are designated pursuant to section 1401(i) of this title privileges and immunities as are necessary to carry out their functions..
SEC. 113. AUTHORITY OF FOREIGN CUSTOMS OFFICERS CONDUCTING PRECLEARANCE ACTIVITIES IN THE UNITED STATES TO CARRY AND USE FIREARMS AND OTHER WEAPONS AND RESTRAINT DEVICES, NOTWITHSTANDING STATE AND LOCAL FIREARMS LAWS. Section 629(f) of the Tariff Act of 1930, as amended, (19 U.S.C. 1629(f)) is further amended: (a) (b) (c) in paragraph (1) by striking and; in paragraph (2) by striking the period at the end of the sentence and by adding a new paragraph (3) to read as follows:
inserting ; and; and
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(3) such foreign customs officials may be permitted to carry and use firearms and other weapons and restraint devices, for purposes of carrying out their official duties at a preclearance facility, including transportation of such firearms and other weapons and devices to and from the preclearance facility, to the same extent as U.S. customs officers acting in their official capacity in the United States and notwithstanding any other provision of the law of any State or any political subdivision thereof..
SEC. 114. STATIONING OF LAW ENFORCEMENT OFFICIALS. Subtitle H of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding a new section 890A to read as follows: Sec. 890A.Stationing of law enforcement officials or other personnel. The Secretary or the Attorney General, or both as appropriate, with the approval of the Chief of Mission for that country pursuant to established procedures, may station or deploy law enforcement officials, other personnel, and contractors, in a foreign country or accept the stationing or deployment of foreign law enforcement officials, and other persons assigned by the foreign government, in the United States for the purpose of enhancing law enforcement cooperation or operations with that country. The Secretary of State, in coordination with the Secretary, Attorney General, or both as appropriate, may enter into treaties or agreements with any foreign country to extend to such persons of that foreign government privileges and immunities as are necessary to carry out their functions..
SEC.115. FEDERAL JURISDICTION OVER PERSONNEL WORKING AS PART OF CROSS-BORDER INITIATIVES. Chapter 211 of title 18, United States Code, is amended by adding after section 3244, the following new section: Sec. 3245. Offenses committed by law enforcement officials working outside the United States pursuant to section 890A of the Homeland Security Act or section 629 of the Tariff Act.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 orders. (a) EVADING A CHECKPOINT. Any person who, while operating a motor vehicle or vessel, knowingly flees or evades a checkpoint operated by the Department of Homeland Security or any other federal law enforcement agency, and who knowingly disregards or disobeys the lawful command of a federal law enforcement officer engaged in the enforcement of federal laws, or the lawful command of any law enforcement officer assisting such federal law enforcement officer, shall be fined under this title, imprisoned not more than five years, or both. (b) FAILURE TO STOP.Any person who, while operating a motor vehicle, aircraft, or vessel, knowingly disregards or disobeys the lawful command of a federal law enforcement officer engaged in the enforcement of federal laws, or the lawful command of any law enforcement officer assisting such federal law enforcement officer, shall be fined under this title, imprisoned not more than two years, or both. (c) ALTERNATIVE PENALTIES. Notwithstanding the penalties provided in subsection (a) or (b), any person who violates such subsection shall (1) be fined under this title, imprisoned not more than 10 years, or both, if the violation involved the operation of a motor vehicle, aircraft, or vessel (A) in excess of the applicable or posted speed limit,
Whoever, while employed by or accompanying any department or agency of the United States and stationed or deployed in a foreign country pursuant to section 890A of the Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) or section 629 of the Tariff Act of 1930, as amended, (19 U.S.C. 1629), engages in conduct (or conspires or attempts to engage in conduct) outside the United States that would constitute an offense for which a person may be prosecuted in a court of the United States had the person engaged in the conduct within the United States or within the special maritime and territorial jurisdiction of the United States shall be punished as provided for that offense..
SEC. 116. UNLAWFUL FLIGHT FROM IMMIGRATION OR CUSTOMS CONTROLS AND DISOBEYANCE OF LAWFUL ORDERS. Section 758 of Title 18, United States Code, is amended to read as follows: Sec. 758.Unlawful flight from Federal checkpoints and disobeyance of lawful
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(B) in excess of the rated capacity of the motor vehicle, aircraft, or vessel, or (C) in an otherwise dangerous or reckless manner that created a risk of bodily injury to any person; (2) be fined under this title, imprisoned not more than 20 years, or both, if the violation created a substantial and foreseeable risk of serious bodily injury or death to any person; (3) be fined under this title, imprisoned not more than 30 years, or both, if the violation caused serious bodily injury to any person; or (4) be fined under this title, imprisoned for any term of years or life, or both, if the violation resulted in the death of any person. (e) FORFEITURE.Any property, real or personal, constituting or traceable to the gross proceeds of the offense and any property, real or personal, used or intended to be used to commit or facilitate the commission of the offense shall be subject to forfeiture. (f) FORFEITURE PROCEDURES.Seizures and forfeitures under this section shall be governed by the provisions of chapter 46 of this title, relating to civil forfeitures, including section 981(d) of such title, except that such duties as are imposed upon the Secretary of the Treasury under the customs laws described in that section shall be performed by such officers, agents, and other persons as may be designated for that purpose by the Secretary of Homeland Security or the Attorney General. Nothing in this section shall limit the authority of the Secretary to seize and forfeit motor vehicles, aircraft, or vessels under the customs laws or any other laws of the United States. (g) DEFINITIONS.For purposes of this section (1) The term checkpoint includes, but is not limited to, any customs or immigration inspection at an immigration checkpoint or at a port of entry. (2) The term law enforcement officer means any Federal, State, local or tribal official authorized to enforce criminal law, and, when conveying a command covered under subsection (b) of this section, an air traffic controller. (3) The term lawful command includes, but is not limited to, a command to stop, decrease speed, alter course, or land, whether communicated orally, visually, by means of lights or sirens, wireless communication, or by radio, telephone, or other wire communication.
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(4) The term motor vehicle means any motorized or self-propelled means of terrestrial transportation. (5) The term serious bodily injury has the meaning given in section 2119(2) of this title..
SUBTITLE B BUILDING A FAIR AND FIRM ENFORCEMENT SYSTEM
SEC. 117. FEDERAL PREEMPTION (a) The Immigration and Nationality Act is amended by adding Section XXX providing: (a) Except as otherwise permitted or required by federal law, the provisions of this section preempt any State or local law which (1) imposes a civil or criminal sanction, impairment, or liability on the basis of either immigration status or violation of one of the provisions of this Act or the Immigration and Nationality Act, as amended, or (2) requires the disclosure of immigration status as a condition of receiving any dwelling, good, program, or service. (b) Nothing in this section shall be deemed to restrict the authority of a state or locality to cooperate in the enforcement of federal immigration law, to the extent that such cooperation is authorized by this Act or the Immigration and Nationality Act as amended, or is conducted pursuant to the authorization of the Department of Homeland Security. (b) Section 1373, of Title 8 of the United States Code is amended to read as follows: (a) In general. Notwithstanding any other provision of Federal, State, or local law, no Federal, State, or local government entity or official may prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the Department of Homeland Security information regarding the citizenship or immigration status, lawful or unlawful, of any individual. (b) Additional authority of government entities. Notwithstanding any other provision of Federal, State, or local law, no person or agency may prohibit, or in
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any way restrict, a Federal, State, or local government entity or official from doing any of the following with respect to information regarding the immigration status, lawful or unlawful, of any individual: (1) Requesting such information from the Department of Homeland Security (2) Maintaining such information. (3) Exchanging such information with any other Federal, State, or local government entity. (c) Obligation to respond to requests The Department of Homeland Security shall respond to a request by a Federal, State, or local government agency, seeking to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction of the agency by providing the requested verification or status information only when: (1) The request is made for a purpose authorized or required by federal law; or (2) The request is made for the purpose of cooperating with the Attorney General and Secretary in their enforcement of federal immigration laws. (d) Data sharing. For purposes of enforcing the anti-discrimination provision of Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, the anti-discrimination provision of the Omnibus Crime Control Act and Safe Streets Act of 1968, 42 U.S.C. 3789d, the Civil Rights of Institutionalized Persons Act of 1980, 42 U.S.C. 1997, the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. 14141, and other federal civil rights laws, the Attorney General shall have access to all data collected and maintained pursuant to any request for verification under this section. The Secretary and Attorney General will enter into an agreement setting forth the process for data sharing consistent with the purpose of this subsection. SEC. 118. REMOVAL OF NONIMMIGRANT OVERSTAYS. (a) REMOVAL OF NONIMMIGRANT VISITOR OVERSTAYS.The Immigration and Nationality Act is amended by inserting the following new section:
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Sec. 238A. Removal of nonimmigrant visitor overstays who are public safety and national security threats. (a) In general. The Secretary may exercise jurisdiction over proceedings to remove an alien who is admitted to United States as a nonimmigrant visitor for business or pleasure under 101(a)(15)(B) of Act, and who is deportable pursuant to section 237(a)(2) or (a)(4) of Act. An alien in proceedings under this section shall not be eligible; (1) to seek review of or to appeal an immigration officers determination that the alien is deportable pursuant to section 237(a)(2) or (a)(4) of the Act, or (2) to contest any action for removal of the alien pursuant to a determination made under paragraph (1) of this subsection, other than on the basis of (A) an application for asylum, withholding of removal, or protection pursuant to the Convention Against Torture; (B) an application for nonimmigrant status under section 101(a)(15)(T) or (U) of the Act, a petition for classification of adjustment of status as a VAWA self-petitioner or Special Immigrant Juvenile; (C) an application for cancellation of removal under section 240A(b);or (D) an application for adjustment of status as an immediate relative under section 201(b)(2). (b)(1) The Secretary by regulation shall establish an administrative procedure under which an immigration officer may make the determination described in paragraph (a)(1) of this section and issue an order of removal (2) Such administrative procedure shall not apply to any alien who was under the age of 21 at the time of admission or who has remained less than 180 days past his or her period of authorized stay. (c) Proceedings before the Secretary under this subsection shall be in accordance with such regulations as the Secretary shall prescribe. The Secretary shall provide that
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(1) the alien is given reasonable notice of the charges and of the opportunity described in subparagraph (3); (2) the alien shall have the privilege of being represented by counsel pursuant to section 292 of the Act; (3) the alien has a reasonable opportunity to inspect the evidence and rebut the charges; (4) a determination is made for the record that the individual upon whom the notice for the proceeding under this section is served (either in person or by mail) is, in fact, the alien named in such notice; and (5) the final order of removal is not adjudicated by the same official who issued the charges and is reviewed by a supervisor of the official who adjudicated the order .. (d)(1) An alien subject to removal under this section who contests removal for reasons described in subparagraph (a)(2)(A), (C) or (D) shall be referred to an immigration judge for a hearing in accordance with section 240 of the Act to have his or her application adjudicated. (2) An alien subject to removal under this section who contests removal for a reason described in subparagraph (a)(2)(B) shall have his or her application adjudicated as otherwise provided under the immigration laws, and shall not be removed under this section until a denial of such request is administratively final. (f) The Secretary and the Secretary of State shall inform aliens applying for a nonimmigrant visa under section 101(a)(15)(B) or for admission under section 101(a)(15)(B) regarding the provisions of subsection (a). (g) Nothing in this section shall prohibit the Secretary or Attorney General from permitting voluntary departure as a matter of discretion pursuant to section 240B of the Act, or from placing an alien subject to the provisions of this section in removal proceedings under section 240 of the Act.. (b) EFFECTIVE DATES.With respect to subsection (a), the amendments made by this section shall take effect and apply to aliens who file an application
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for a nonimmigrant visa under section 101(a)(15)(B) of the Act on or after the date that is 180day after enactment of this Act.
SEC. 119. BIOMETRIC SCREENING GROUNDS OF INADMISSIBILITY.Section 212 (8 U.S.C. 1182) is amended (1) in subsection (a)(7), by adding at the end the following: (C) WITHHOLDERS OF INFORMATION.Any alien who willingly, through his or her own fault, fails or has failed to comply with a lawful request for biometric information relative to an application for a U.S. visa, admission to the United States, or other U.S. immigration benefits, is inadmissible.; and (2) in subsection (d), by inserting after paragraph (1) the following: (2) The Secretary or Attorney General may waive the application of subsection (a)(7)(C) for an individual alien or class of aliens. The Secretarys discretionary judgment regarding whether or not a waiver is granted shall not be subject to review..
SEC. 120. SANCTIONS FOR COUNTRIES THAT DELAY OR PREVENT REPATRIATION OF THEIR CITIZENS AND NATIONALS. Sec. 243(d) (8 USC 1253(d)) is amended by (1) striking Attorney General and inserting Secretary of Homeland Security, in consultation with the Secretary of State each place it appears; (2) inserting or subsets of such visas after both,; (3) inserting of State after Secretary the last place that term appears.
SEC. 121. CUSTODY OPTIONS FOR ALIENS DETERMINED TO HAVE A CREDIBLE FEAR. (a) Section 235 (8 U.S.C. 1225) is amended (1) by amending clause (ii) of subsection (b)(1)(B) to read as follows: (ii) CUSTODY OF ALIENS DETERMINED TO HAVE A CREDIBLE FEAR.Subject to clause (iii), and irrespective of whether the alien is present in the United States without having been admitted or is arriving in the United States, if the officer determines at the time of the interview that an alien has a credible fear of
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persecution (within the meaning of clause (vi)), the Secretary shall refer the alien for further consideration of the application for asylum and, may (I) continue to detain the alien; or (II) release the alien on (aa) bond with security approved by, and containing conditions prescribed by, the Secretary; (bb) conditions prescribed by the Secretary; or (cc) on recognizance; but (III) may not provide the alien with work authorization unless the alien otherwise would be provided such authorization. (2) by redesignating clauses (iii), (iv), and (v) of subsection (b)(1)(B) as clauses (iv), (v), and (vi) respectively; and (3) by inserting a new clause (iii) to read as follows: (iii) In addition, bond or release authorized by the Secretary under clause (ii) does not constitute an admission or parole of the alien into the United States and the Secretary at any time may revoke such bond or conditional release, and re-arrest and detain any alien so authorized. (4) by striking , to the maximum extent practicable and all that follows and inserting a period at the end.
SEC. 122.AGGRAVATED FELONY. (a) DEFINITION OF AGGRAVATED FELONY. (1) Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended (A) by striking The term aggravated felony means and inserting Notwithstanding any other provision of law, the term aggravated felony applies to an offense described in this paragraph, whether in violation of Federal or State law, and to such an offense in violation of the law of a foreign country for which the term of imprisonment was completed within the previous 15 years, and regardless of whether the conviction was entered before, on, or after September 30, 1996, and means;
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(B) in subparagraph (A), by striking murder, rape, or sexual abuse of a minor; and inserting murder, rape, aggravated sexual abuse, or sexual abuse of a minor; (C) in subparagraphs (F) and (G) by striking at least one year and inserting is more than five years;; (D) in subparagraphs (R) and (S) by striking at least one year and inserting more than five years;; (E) in subparagraph (P) by striking at least 12 months and inserting more than five years;; (F) by striking the undesignated matter following subparagraph (U). (G) in subparagraph (N) by inserting committed for purpose of commercial advantage after smuggling; and by adding at the end a semicolon; (H) in subparagraphs (D) and (M)(i) by striking $10,000 and inserting 100,000; (I) in subparagraph (T) by striking 2 years and inserting more than five years;. (b) REVISION OF CANCELLATION OF REMOVAL FOR CERTAIN PERMANENT RESIDENTS. Section 240A(a)(3) (8 U.S.C. 1229b(a)(3)) is amended by striking the period and inserting (or felonies) for which the alien has been sentenced to an aggregate term of imprisonment of at least 5 years. (c) EFFECTIVE DATE AND APPLICATION. (1) IN GENERAL.The amendments made by subsection (a) and (b) (A) take effect on the date of the enactment of this Act; and (B) apply to any conviction that occurred before, on, or after the date of the enactment of this Act provided an individual has not received a final administrative order of removal before the date of enactment of this Act. (2) APPLICATION OF IIRIRA AMENDMENTS.Except as amended by this section, the amendments to section 101(a)(43) of the Immigration and Nationality Act made by section 321 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 110 Stat.
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3009-627) shall continue to apply, whether the conviction was entered before, on, or after September 30, 1996.
SEC. 123. FINALITY OF CONVICTIONS. (a) Section 101(a)(48)(A) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(48)(A)) is amended by (1) in subparagraph (A) removing the words entered by a court and all that follows and inserting the words entered by a court (provided that, for purposes of this Act, direct appeals available as of right have been exhausted or waived). An adjudication or judgment of guilt that has been
dismissed, expunged, deferred, annulled, invalidated, withheld, or vacated, an order of probation without entry of judgment, or any similar disposition shall not be considered a conviction for purposes of this Act.. (2) in subparagraph (B) (A) by inserting ònly' after `deemed to include'; and (B) by striking `court of law' and all that follows through the period at the end and inserting `court of law. Any such reference shall not be deemed to include any portion of the imprisonment or sentence the imposition or execution of which was suspended. ' (b) EFFECTIVE DATE.-The amendments made by subsection (a) shall apply to convictions and sentences entered before, on, or after the date of the enactment of this Act; provided an
individual has not received a final administrative order of removal before the date of enactment of this Act.
SEC. 124.CANCELLATION OF REMOVAL (a) Section 1229b of title 8, United States Code, is amended by striking subsection (e). (b) BURDEN OF PROOF -- Section 1229b(b)(1)(D) of title 8, United States Code, is amended byFor Discussion Purposes Only Do Not Distribute
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(1) by striking exceptional and extremely unusual and inserting extreme; and (2) by inserting alien, or to the between to the and aliens spouse,. (c) EFFECTIVE DATE AND APPLICATION. The amendments made by this section shall take effect on the date of the enactment of this Act; provided an individual has not received a final administrative order of removal before the date of enactment of this Act.
SEC 125. REDUCING STATELESSNESS. In section 349(a) of the Immigration and Nationality Act, 8 U.S.C. 1481(a), paragraph (6) is hereby repealed, and paragraph (7) is renumbered as paragraph (6).
SEC. 126.WILLFUL FAILURE TO COMPLY WITH TERMS OF RELEASE UNDER SUPERVISION. Section 243 (8 U.S.C. 1253) is amended by striking subsection (b) and inserting the following: (b) FAILURE TO COMPLY WITH TERMS OF RELEASE. (1) VIOLATION OF REGULATIONS.An alien who willfully fails to comply with regulations or requirements issued pursuant to section 241(a)(3) or sections236(a)(2)or (c)(2) of this Act shall be fined not more than $1,000 or imprisoned for not more than 1 year, or both. (2) DESTRUCTION OF MONITORING EQUIPMENT.An alien who willfully disables, damages, alters, tampers with, or destroys monitoring equipment used in the telephonic reporting or physical tracking requirements of their terms of release shall be fined not more than $1,000 or imprisoned for not more than 1 year, or both..
SEC. 127. EQUAL ACCESS TO JUSTICE ACT Section 242 (8 U.S.C. 1252) is amended by inserting at the end a new paragraph (h) to read as follows
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(h) AWARDS OF ATTORNEYS FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT IN CASES ARISING UNDER OR INVOLVING THE IMMIGRATION LAWS.In any civil action arising under the immigration laws, including, but not limited to any action under any provision of title 5, United States Code, section 2241 of title 28, United States Code, or any other habeas corpus provisions, or sections 1361 or 1651 of title 28, that involves or is related to the enforcement or administration of the immigration laws, no award of attorneys fees or costs shall arise under section 2412 of title 28 or any other statutory provision providing for the payment of a private partys attorneys fees by the government, unless the court finds that the governments position was not substantially justified. The governments failure to prevail alone does not support an award under this section. The governments position is substantially justified as long as the position has a reasonable basis in law and fact..
SEC. 128. VISA WAIVER PROGRAM REFORMS. (a) Definitions- Section 217(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(1)) is amended to read as follows: (1) AUTHORITY TO DESIGNATE; DEFINITIONS(A) AUTHORITY TO DESIGNATE- The Secretary of Homeland Security, in consultation with the Secretary of State, may designate any country as a program country if that country meets the requirements under paragraph (2). (B) DEFINITIONS- In this subsection: (i) APPROPRIATE CONGRESSIONAL COMMITTEES- The term appropriate congressional committees means-(I) the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate; and (II) the Committee on Foreign Affairs, the Committee on Homeland Security, and the Committee on the Judiciary of the House of Representatives. (ii) OVERSTAY RATE(I) INITIAL DESIGNATION- The term overstay rate means, with respect to a country being considered for designation in the program, the ratio of-For Discussion Purposes Only Do Not Distribute
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(aa) the number of nationals of that country who were admitted to the United States on the basis of a nonimmigrant visa under section 101(a)(15)(B) whose periods of authorized stay ended during a fiscal year but who remained unlawfully in the United States beyond such periods; (bb) the number of nationals of that country who were admitted to the United States on the basis of a nonimmigrant visa under section 101(a)(15)(B) whose periods of authorized stay ended during that fiscal year. (II) CONTINUING DESIGNATION- The term overstay rate means, for each fiscal year after initial designation under this section with respect to a country, the ratio of-(aa) the number of nationals of that country who were admitted to the United States under this section or on the basis of a nonimmigrant visa under section 101(a)(15)(B) whose periods of authorized stay ended during a fiscal year but who remained unlawfully in the United States beyond such periods; to (bb) the number of nationals of that country who were admitted to the United States under this section or on the basis of a nonimmigrant visa under section 101(a)(15)(B) whose periods of authorized stay ended during that fiscal year. (III) COMPUTATION OF OVERSTAY RATE- In determining the overstay rate for a country, the Secretary of Homeland Security may utilize information from any available databases to ensure the accuracy of such rate. (iii) PROGRAM COUNTRY- The term program country means a country designated as a program country under subparagraph (A).. (b) Technical and Conforming Amendments- Section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) is amended-(1) by striking Attorney General each place the term appears (except in subsection (c)(11)(B)) and inserting Secretary of Homeland Security; and (2) in subsection (c)-(A) in paragraph (2)(C)(iii), by striking Committee on the Judiciary and the Committee on International Relations of the House of Representatives and the Committee on the Judiciary and the Committee on Foreign Relations of the Senate and inserting appropriate congressional committees; (B) in paragraph (5)(A)(i)(III), by striking Committee on the Judiciary, the Committee on Foreign Affairs, and the Committee on Homeland Security, of the House of
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Representatives and the Committee on the Judiciary, the Committee on Foreign Relations, and the Committee on Homeland Security and Governmental Affairs of the Senate and inserting appropriate congressional committees; and (C) in paragraph (7), by striking subparagraph (E). (b) Revision of Discretionary Considerations for Program County designation(1) Section 217(c) of the Immigration and Nationality Act (8 U.S.C. 1187) is amended by inserting after paragraph (9) the following paragraph and renumbering paragraph (10) as (11) and paragraph (11) as (12): (10) Discretionary trade-related considerations. - In determining whether to designate a country pursuant to paragraph (1) priority consideration shall be given if the government of the country provides favorable treatment and market access to goods, services, and investment of the United States, including through commitments undertaken in an international trade agreement with the United States. (c) Designation of Program Countries Based on Overstay Rates(1) IN GENERAL- Section 217(c)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(2)(A)) is amended to read as follows: (A) GENERAL NUMERICAL LIMITATIONS(i) LOW NONIMMIGRANT VISA REFUSAL RATE- The percentage of nationals of that country refused nonimmigrant visas under section 101(a)(15)(B) during the previous full fiscal year was not more than 3 percent of the total number of nationals of that country who were granted or refused nonimmigrant visas under such section during such year. (ii) LOW NONIMMIGRANT OVERSTAY RATE- The overstay rate for that country was not more than 3 percent during the previous fiscal year.. (2) QUALIFICATION CRITERIA- Section 217(c)(3) of such Act (8 U.S.C. 1187(c)(3)) is amended to read as follows: (3) QUALIFICATION CRITERIA- After designation as a program country under section 217(c)(2), a country may not continue to be designated as a program country unless the Secretary of Homeland Security, in consultation with the Secretary of State, determines, pursuant to the requirements under paragraph (5), that the designation will be continued..
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(3) INITIAL PERIOD- Section 217(c) is further amended by striking subsection (4) CONTINUING DESIGNATION- Section 217(c)(5)(A)(i)(II) of such Act (8 U.S.C. 1187(c)(5)(A)(i)(II)) is amended to read as follows: (II) shall determine, based upon the evaluation in subclause (I), whether any such designation under subsection (d) or (f), or probation under subsection (f), ought to be continued or terminated;. (5) COMPUTATION OF VISA REFUSAL RATES; JUDICIAL REVIEW- Section 217(c)(6) of such Act (8 U.S.C. 1187(c)(6)) is amended to read as follows: (6) COMPUTATION OF VISA REFUSAL RATES AND JUDICIAL REVIEW(A) COMPUTATION OF VISA REFUSAL RATES- For purposes of determining the eligibility of a country to be designated as a program country, the calculation of visa refusal rates shall not include any visa refusals which incorporate any procedures based on, or are otherwise based on, race, sex, or disability, unless otherwise specifically authorized by law or regulation. (B) JUDICIAL REVIEW- No court shall have jurisdiction under this section to review any visa refusal, the Secretary of States computation of a visa refusal rate, the Secretary of Homeland Securitys computation of an overstay rate, or the designation or non-designation of a country as a program country.. (6) VISA WAIVER INFORMATION- Section 217(c)(7) of such Act (8 U.S.C. 1187(c)(7)) is amended-(A) by striking subparagraphs (B) through (D); and (B) by striking WAIVER INFORMATION- and all that follows through In refusing and inserting WAIVER INFORMATION- In refusing. (7) WAIVER AUTHORITY- Section 217(c)(8) of such Act (8 U.S.C. 1187(c)(8)) is amended to read as follows: (8) WAIVER AUTHORITY- The Secretary of Homeland Security, in consultation with the Secretary of State, may waive the application of paragraph (2)(A)(i) for a country (A) the country meets all other requirements of paragraph (2); (B) the Secretary of Homeland Security determines that the totality of the countrys security risk mitigation measures provide assurance that the countrys
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participation in the program would not compromise the law enforcement, security interests, or enforcement of the immigration laws of the United States; (C) there has been a general downward trend in the percentage of nationals of the country refused nonimmigrant visas under section 101(a)(15)(B); (D) the country consistently cooperated with the Government of the United States on counterterrorism initiatives, information sharing, preventing terrorist travel, and extradition to the United States of individuals (including the countrys own nationals) who commit crimes that violate United States law before the date of its designation as a program country, and the Secretary of Homeland Security and the Secretary of State assess that such cooperation is likely to continue; and (E) the percentage of nationals of the country refused a nonimmigrant visa under section 101(a)(15)(B) during the previous full fiscal year was not more than 10 percent of the total number of nationals of that country who were granted or refused such nonimmigrant visas.. (d) Termination of Designation; Probation- Section 217(f) of the Immigration and Nationality Act (8 U.S.C. 1187(f)) is amended to read as follows: (f) Termination of Designation; Probation(1) DEFINITIONS- In this subsection: (A) PROBATIONARY PERIOD- The term probationary period means the fiscal year in which a country is placed in probationary status under this subsection. (B) PROGRAM COUNTRY- The term program country has the meaning given that term in subsection (c)(1)(B). (2) DETERMINATION, NOTICE, AND INITIAL PROBATIONARY PERIOD(A) DETERMINATION OF PROBATIONARY STATUS AND NOTICE OF NONCOMPLIANCE- As part of each program countrys periodic evaluation required by subsection (c)(5)(A), the Secretary of Homeland Security shall determine whether a program country is in compliance with the program requirements under subparagraphs (A)(ii) through (F) of subsection (c)(2). (B) INITIAL PROBATIONARY PERIOD- If the Secretary of Homeland Security determines that a program country is not in compliance with the program requirements under subparagraphs (A)(ii) through (F) of subsection (c)(2), the Secretary of Homeland
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Security shall place the program country in probationary status for the fiscal year following the fiscal year in which the periodic evaluation is completed. (3) ACTIONS AT THE END OF THE INITIAL PROBATIONARY PERIOD- At the end of the initial probationary period of a country under paragraph (2)(B), the Secretary of Homeland Security shall take 1 of the following actions: (A) COMPLIANCE DURING INITIAL PROBATIONARY PERIOD- If the Secretary determines that all instances of noncompliance with the program requirements under subparagraphs (A)(ii) through (F) of subsection (c)(2) that were identified in the latest periodic evaluation have been remedied by the end of the initial probationary period, the Secretary shall end the countrys probationary period. (B) NONCOMPLIANCE DURING INITIAL PROBATIONARY PERIOD- If the Secretary determines that any instance of noncompliance with the program requirements under subparagraphs (A)(ii) through (F) of subsection (c)(2) that were identified in the latest periodic evaluation has not been remedied by the end of the initial probationary period-(i) the Secretary may terminate the countrys participation in the program; or (ii) on an annual basis, the Secretary may continue the countrys probationary status if the Secretary, in consultation with the Secretary of State, determines that the countrys continued participation in the program is in the national interest of the United States. (4) ACTIONS AT THE END OF ADDITIONAL PROBATIONARY PERIODSAt the end of all probationary periods granted to a country pursuant to paragraph (3)(B)(ii), the Secretary shall take 1 of the following actions: (A) COMPLIANCE DURING ADDITIONAL PERIOD- The Secretary shall end the countrys probationary status if the Secretary determines during the latest periodic evaluation required by subsection (c)(5)(A) that the country is in compliance with the program requirements under subparagraphs (A)(ii) through (F) of subsection (c)(2). (B) NONCOMPLIANCE DURING ADDITIONAL PERIODS- The Secretary shall terminate the countrys participation in the program if the Secretary determines during the latest periodic evaluation required by subsection (c)(5)(A) that the program country continues to be in non-compliance with the program requirements under subparagraphs (A)(ii) through (F) of subsection (c)(2).
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(5) EFFECTIVE DATE- The termination of a countrys participation in the program under paragraph (3)(B) or (4)(B) shall take effect on the first day of the first fiscal year following the fiscal year in which the Secretary determines that such participation shall be terminated. Until such date, nationals of the country shall remain eligible for a waiver under subsection (a). (6) TREATMENT OF NATIONALS AFTER TERMINATION- For purposes of this subsection and subsection (d)-(A) nationals of a country whose designation is terminated under paragraph (3) or (4) shall remain eligible for a waiver under subsection (a) until the effective date of such termination; and (B) a waiver under this section that is provided to such a national for a period described in subsection (a)(1) shall not, by such termination, be deemed to have been rescinded or otherwise rendered invalid, if the waiver is granted prior to such termination. (7) CONSULTATIVE ROLE OF THE SECRETARY OF STATE- In this subsection, references to subparagraphs (A)(ii) through (F) of subsection (c)(2) and subsection (c)(5)(A) carry with them the consultative role of the Secretary of State as provided in those provisions.. (e) Review of Overstay Tracking Methodology- Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review of the methods used by the Secretary of Homeland Security-(1) to track aliens entering and exiting the United States; and (2) to detect any such alien who stays longer than such aliens period of authorized admission. (f) Evaluation of Electronic System for Travel Authorization- Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to Congress-(1) an evaluation of the security risks of aliens who enter the United States without an approved Electronic System for Travel Authorization verification; and (2) a description of any improvements needed to minimize the number of aliens who enter the United States without the verification described in paragraph (1). (g) Sense of Congress on Priority for Review of Program Countries- It is the sense of Congress that the Secretary of Homeland Security, in the process of conducting
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evaluations of countries participating in the visa waiver program under section 217 of the Immigration and Nationality Act (8 U.S.C. 1187), should prioritize the reviews of countries in which circumstances indicate that such a review is necessary or desirable. (h) EFFECTIVE DATE.The amendments made by subsection (h) shall apply to aliens applying for admission or admitted under the Visa Waiver Program on or after the date that is 60 days after enactment of this Act
SEC. 129. INTERVIEW WAIVERS FOR LOW RISK VISA APPLICANTS. INA 222(h)(1) is amended by inserting section (D) which says: (D) by the Secretary of State, in consultation with the Secretary of Homeland Security, for such aliens or classes of aliens (i) that the Secretary determines generally represent a low security risk; and (ii) where an in-person interview would not add material benefit to the adjudication process; and provided that no interview shall be waived for an individual unless a consular officer, after a review of all standard database and biometric checks, the visa application, and other supporting documents, determines that an interview is unlikely to reveal derogatory information. (I) in every case, the consular officer retains the right to require an applicant to appear for an interview.
SEC. 130. REFORM OF PASSPORT, VISA, AND IMMIGRATION FRAUD OFFENSES. (a) PASSPORT, VISA, AND IMMIGRATION FRAUD. (1) IN GENERAL.Chapter 75 of title 18, United States Code, is amended After1546.Fraud and misuse of visas, permits, and other documents., to add: SEC. 1547. TRAFFICKING IN PASSPORTS. Any person who, during any period of 3 years or less, knowingly (a) and without lawful authority produces, issues, or transfers 10 or more passports;
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(b) forges, counterfeits, alters, or falsely makes 10 or more passports; (c) secures, possesses, uses, receives, buys, sells, or distributes 10 or more passports, knowing the passports to be forged, counterfeited, altered, falsely made, stolen, procured by fraud, or produced or issued without lawful authority; or (d) completes, mails, prepares, presents, signs, or submits 10 or more applications for a United States passport, knowing the applications to contain any materially false statement or representation, shall be fined under this title, imprisoned not more than 20 years, or both. (b) PASSPORT MATERIALS.Any person who knowingly and without lawful authority produces, buys, sells, possesses, or uses any official material (or counterfeit of any official material) used to make 10 or more passports, including any distinctive paper, seal, hologram, image, text, symbol, stamp, engraving, or plate, shall be fined under this title, imprisoned not more than 20 years, or both. SEC. 1548.TRAFFICKING IN IMMIGRATION DOCUMENTS. (a)Any person who, during any period of 3 years or less, knowingly (1) and without lawful authority produces, issues, or transfers 10 or more immigration documents; (2) forges, counterfeits, alters, or falsely makes 10 or more immigration documents; (3) secures, possesses, uses, buys, sells, or distributes 10 or more immigration documents, knowing the immigration documents to be forged, counterfeited, altered, stolen, falsely made, procured by fraud, or produced or issued without lawful authority; or (4) completes, mails, prepares, presents, signs, or submits 10 or more immigration documents knowing the documents to contain any materially false statement or representation, shall be fined under this title, imprisoned not more than 20 years, or both. (b) IMMIGRATION DOCUMENT MATERIALS.Any person who knowingly and without lawful authority produces, buys, sells, or possesses any official material (or counterfeit of any official material) used to make 10 or more immigration documents, including any distinctive paper, seal, hologram, image,
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text, symbol, stamp, engraving, or plate, shall be fined under this title, imprisoned not more than 20 years, or both. SEC. 1549.SCHEMES RELATING TO MARRIAGE FRAUD. (a) MULTIPLE MARRIAGES.Any person who: (1) knowingly enters into 2 or more marriages for the purpose of evading any immigration law; or (2) knowingly arranges, or facilitates 2 or more marriages designed or intended to evade any immigration law, shall be fined under this title, imprisoned not more than 15 years, or both. (b) DURATION OF OFFENSE. An offense under subsection (a) continues as long as the marriage continues. (c) TERMINATION OF IMMIGRATION BENEFIT UPON CONVICTION. Upon conviction of a defendant pursuant to subsection (a), the District Court shall (1) order withdrawn any immigration application or petition pending on the defendants behalf if the application, or petition, or marriage is the basis for the conviction; and (2) terminate any immigration benefit that the defendant received as a result of any application, petition, or marriage that is the basis for the conviction. SEC. 1550. IMMIGRATION SCHEMES TO DEFRAUD. (a) IN GENERAL - Any person who knowingly executes a scheme or artifice, in connection with any matter that is authorized by or arises under Federal immigration laws or any matter the offender claims or represents is authorized by or arises under Federal immigration laws, to (1) defraud any person, or (2) obtain or receive money or anything else of value from any person, by means of false or fraudulent pretenses, representations, or promises, shall be fined under this title, imprisoned not more than 10 years, or both. SEC. 1551. ALTERNATIVE PENALTIES FOR CERTAIN OFFENSES. Notwithstanding any other provision of this title, the maximum term of imprisonment that may be imposed for an offense under this chapter
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(a) if committed to facilitate a drug trafficking crime (as defined in section 929(a)) is 20 years; and (b) if committed to facilitate an act of international terrorism (as defined in section 2331) is 25 years. (c) Whoever violates any section in this Chapter(1) knowing that such violation will facilitate an act of international or domestic terrorism (as defined in section 2331 of this Title); or (2) with the intent to facilitate an act of international or domestic terrorism (as defined in section 2331 of this Title),shall be fined under this Title, imprisoned not more than 25 years, or both. (d) Whoever violates any section in this Chapter(1) knowing that such violation will facilitate the commission of any offense against the United States (other than an offense in this Chapter) or against any State, which offense is punishable by imprisonment for more than 1 year; or (2) with the intent to facilitate the commission of any offense against the United States (other than an offense in this Chapter) or against any State, which offense is punishable by imprisonment for more than 1 year, shall be fined under this Title, imprisoned not more than 20 years, or both. SEC. 1552. SEIZURE AND FORFEITURE. (a) FORFEITURE.Any property, real or personal, used to commit or facilitate the commission of a violation of any section of this chapter, the gross proceeds of such violation, and any property traceable to such property or proceeds, shall be subject to forfeiture. (b) APPLICABLE LAW.Seizures and forfeitures under this section shall be governed by the provisions of chapter 46 relating to civil forfeitures, except that such duties as are imposed upon the Secretary of the Treasury under the customs laws described in
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section 981(d) shall be performed by such officers, agents, and other persons as may be designated for that purpose by the Secretary of Homeland Security, the Secretary of State, or the Attorney General. SEC. 1553. ADDITIONAL JURISDICTION. (a) IN GENERAL.Any person who commits an offense under this chapter within the special maritime and territorial jurisdiction of the United States shall be punished as provided under this chapter. (b) EXTRATERRITORIAL JURISDICTION.Any person who commits an offense under this chapter outside the United States shall be punished as provided under this chapter if (1) the offense involves a United States passport or immigration document (or any document purporting to be a United States passport or immigration document) or any matter, right, or benefit arising under or authorized by Federal immigration laws; (2) the offense is in or affects foreign commerce with the United States; (3) the offense affects, jeopardizes, or poses a significant risk to the lawful administration of Federal immigration laws, or the national security of the United States; (4) the offense is committed to facilitate an act of international terrorism (as defined in section 2331) or a drug trafficking crime (as defined in section 929(a)(2)) that affects or would affect the United States; (5) the offender is a national of the United States or an alien lawfully admitted for permanent residence in the United States (as those terms are defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a))); or (6) the offender is a stateless person whose habitual residence is in the United States. SEC. 1554. DEFINITIONS.As used in this chapter: (1) The term immigration document
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 (A).
(A) means any application, petition, affidavit, declaration, attestation, form, visa, identification card, alien registration document, employment authorization document, border crossing card, arrival or departure document, certificate, permit, order, license, stamp, authorization, grant of authority, or other document prescribed by statute or regulation arising under or authorized by the immigration laws of the United States; and (B) includes any document, photograph, or other piece of evidence attached to or submitted in support of an immigration document. (2) The term immigration laws includes (A) the laws described in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)); (B) the laws relating to the issuance and use of passports; and (C) the regulations prescribed under the authority of any law described in paragraphs (A) and (B). (3) The term immigration proceeding includes an adjudication, interview, hearing, or review. (4) A person does not exercise lawful authority if the person abuses or improperly exercises lawful authority the person otherwise holds. (5) The term passport means (A) a travel document attesting to the identity and nationality of the bearer that is issued under the authority of the Secretary of State, a foreign government, or an international organization; or (B) any instrument purporting to be a document described in subparagraph (6) The term to present means to offer or submit for official processing, examination, or adjudication. Any such presentation continues until the processing, examination, or adjudication is complete and a final decision rendered. (7) The term proceeds includes any property or interest in property obtained or retained as a consequence of an act or omission in violation of this section. (8) The term produce means to make, prepare, assemble, issue, print, authenticate, or alter.
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(9) The term State means a State of the United States, the District of Columbia, or any commonwealth, territory, or possession of the United States. (10) The use of a passport or an immigration document referred to in this chapter includes any officially authorized use; use to travel; use to demonstrate identity, residence, nationality, citizenship, or immigration status; use to seek or maintain employment; or use in any matter within the jurisdiction of the Federal government or of a State government. SEC. 1555.AUTHORIZED LAW ENFORCEMENT ACTIVITIES. (a) Nothing in this chapter shall prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or an intelligence agency of the United States, or any activity authorized under title V of the Organized Crime Control Act of 1970 (84 Stat. 933). (b) Protection for Refugees and Asylum Seekers (1) PROSECUTION GUIDELINESThe Attorney General, in consultation with the Secretary of Homeland Security and the Secretary of State, shall develop prosecution guidelines for federal prosecutors to ensure that any prosecution of an alien seeking entry into the United States by fraud is consistent with the obligations of the United States under Article 31(1) of the Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223)). (2) NO PRIVATE RIGHT OF ACTIONThe guidelines required by subparagraph (1), and any internal office procedures adopted pursuant thereto, are intended solely for the guidance of attorneys for the United States. This section, the guidelines required by subparagraph (1), and the process for determining such guidelines are not intended to, do not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable at law by any party in any administrative, civil, or criminal matter.. (b) Table of Sections Amendment The table of section for chapter 75 of title 18, is amended by:
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Deleted: o
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(1) striking 1557. Alternative Imprisonment maximum for certain offenses. (2) adding at the end: 1547. Trafficking in Passports. 1548. Trafficking in Immigration Documents 1549. Schemes Relating to Marriage Fraud 1550. Immigration Schemes to Defraud 1551. Alternative penalties for certain offenses. 1552. Seizure and forfeiture. 1553. Additional jurisdiction. 1554. Definitions. 1555. Authorized law enforcement activities.
Deleted: i
SEC. 131.INADMISSIBILITY AND DEPORTABILITY FOR PASSPORT AND IMMIGRATION FRAUD OFFENSES. (a) INADMISSIBILITY.Section 212(a)(2)(A)(i) (8 U.S.C. 1182(a)(2)(A)(i)) is amended (1) in subclause (I), by striking , or at the end and inserting a semicolon; (2) in subclause (II), by striking the comma at the end and inserting ; or; and (3) by inserting after subclause (II) the following: (III) a violation of (or a conspiracy or attempt to violate) sections 1547, 1548, 1549, or 1550 of title 18, United States Code,. (b) DEPORTABILITY.Section 237(a)(3)(B)(iii) (8 U.S.C. 1227(a)(3)(B)(iii)) is amended to read as follows: (iii) of a violation of (or a conspiracy or attempt to violate) sections 1547, 1548, 1549, or 1550 of title 18, United States Code,. (c) EFFECTIVE DATE. Nothing in this subsection shall be construed to limit the applicability of grounds of inadmissibility or removal to conduct occurring before the date of enactment of this Act
SEC 132. COMBATING SCHEMES TO DEFRAUD ALIENS
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(a) The Secretary of Homeland Security and the Attorney General, for matters within their respective jurisdictions arising under the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))), shall promulgate appropriate regulations, forms, and procedures defining the circumstances in which (1) Persons submitting applications, petitions, motions, or other written materials relating to immigration benefits or relief from removal under the immigration laws will be required to identify who (other than immediate family members) assisted them in preparing or translating the immigration submissions; and (2) Any person or persons who received compensation (other than a nominal fee for copying, mailing, or similar services) in connection with the preparation, completion, or submission of such materials will be required to sign the form as a preparer and provide identifying information. (b) Civil Injunctions against Immigration Service Providers (1) Authority to seek injunction The Attorney General may commence a civil action in the name of the United States to enjoin any immigration service provider who has engaged in any fraudulent conduct that substantially interferes with the proper administration of the immigration laws as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)) or who willfully misrepresents his or her legal authority to provide representation before the Department of Justice or Department of Homeland Security. (2) Definition. For purposes of subsection (a), the term immigration service provider means any individual or entity (other than an attorney or individual otherwise authorized to provide representation in immigration proceedings as provided in federal regulation) who, for a fee or other compensation, provides any assistance or representation to aliens in relation to any filing or proceeding relating to the alien which arises, or which the provider claims to arise, under the immigration and nationality laws, as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)), executive order, or presidential proclamation.
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(c) Misrepresentation, Fraud, and False Statements In General Section 1041 of Title 18 of the United States Code is amended as follows: (A) by inserting: (a) 1041.MISREPRESENTATION. (1) Any person who, within the United States, knowingly and Falsely represents that such person is, or holds himself out as an attorney, a government official, a government employee, or any person authorized to represent any other person before any court or agency of the United States or otherwise authorized to represent others as described in sections 292.1 and 1292.1 of title 8, Code of Federal Regulations (or any successors to such sections), in any matter that is authorized by or arises under the immigration laws or in any other matter claimed or represented to rise under the immigration laws, shall be fined under this title, imprisoned not more than 10 years, or both. (2) For purposes of this section the term attorney means a person lawfully authorized to practice law in any State of the United States, Indian tribe, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States. (B) Table of Sections Amendment The table of section for chapter 47 of title 18, United States Code, is amended by adding after the item relating to section 1040 the following: Sec. 1041. Misrepresentation
SEC. 133. STATUTE OF LIMITATIONS FOR VISA FRAUD AND OTHER FALSE STATEMENTS INVOLVING HUMAN RIGHTS VIOLATIONS Section 3291 of Title 18 is amended by inserting at the end the following new paragraph: Notwithstanding section 3282, no person may be prosecuted, tried, or punished for a violation of sections 1001, 1015, or 1621 where the fraud or false statements at issue concerns participation in a human rights offense
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unless the indictment or the information is filed not later than 10 years after the offense was committed. For purposes of this statute, human rights offense is defined as conduct described in Title 8 section 1182(a)(3)(E), and Title 18 sections 2441(c), and 2442.
CRIMINAL
PENALTY
FOR
BRINGING
HUMAN
RIGHTS
VIOLATORS INTO THE UNITED STATES. (a) Section 277 of the Immigration and Nationality Act (8 U.S.C. 1327) is amended by (1) striking (insofar as an alien inadmissible under such section has been convicted of an aggravated felony) and inserting (insofar as an alien inadmissible under such section has been convicted of an aggravated felony or committed particularly severe violations of religious freedom as a foreign government official); and (2) striking 212(a)(3) (other than subparagraph (E) thereof) and inserting 212(a)(3). (b) EFFECTIVE DATE.The amendment made by this section shall take effect upon enactment of this Act and shall apply to any act on or after the date of enactment aiding or assisting to bring the inadmissible alien into the United States who was inadmissible at the time of entry.
SEC. 135. INCARCERATION OF CRIMINAL ALIENS. (a) INSTITUTIONAL REMOVAL PROGRAM. (1) CONTINUATION.The Secretary shall continue to operate the Institutional Removal Program (referred to in this section as the Program) or shall develop and implement another program to (A) identify removable criminal aliens in Federal and State correctional facilities; (B) conduct proceedings in conformity with section 240 before the criminal aliens complete their criminal sentences; and (C) remove such aliens from the United States after the completion of their sentences.
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(2) EXPANSION.The Secretary may extend the scope of the Program to all States. (b) TECHNOLOGY USAGE.Technology, such as videoconferencing, shall be used to the maximum extent practicable to make the Program available in remote locations. Mobile access to Federal databases of aliens shall be used to the maximum extent practicable to make these resources available to State and local law enforcement agencies in remote locations.
SEC. 136. REFORMS TO PROCESSING OF ILLEGAL ALIENS APPREHENDED BY STATE AND LOCAL LAW ENFORCEMENT OFFICERS AND DATA COLLECTION. (a) The Secretary may assume custody and provide transportation and officers to take aliens removable under the immigration laws and subject to a detainer who are apprehended, detained, or incarcerated by State, tribal, and local law enforcement officers for violations of state or local criminal law in the course of such agencys law enforcement duties if the Secretary has reasonable suspicion the alien is subject to removal under this chapter. (b) The Secretary may issue an immigration detainer to a federal, state, local, or tribal law enforcement agency authorizing and requesting such agency (1) to transfer custody of an alien to the Secretary upon the otherwise scheduled release of the alien from the agencys custody; and (2) to detain temporarily and on behalf of the Secretary an alien in the agencys custody for a period not to exceed 48 hours (excluding Saturdays, Sundays, and holidays) in order to permit the Secretary to assume custody of the alien within the 48 hour period, after which time the agency must release the alien from the detainer. (c) The Secretary shall (1) limit issuance of detainers consistent with the enforcement priorities of the Department; (2) notify the detaining Federal, State or local law enforcement agency that, unless the Department has taken custody of the alien within 48 hours of the issuance of the
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detainer, excluding holidays and weekends, the agency may not maintain detention or custody of an alien who would otherwise be released; (3) train Federal, State and local agencies who have the authority to lodge detainers issued by the Department on: (A) the purpose and scope of detainers; (B) the role and responsibilities of Federal, State or local law enforcement agencies in the detainer issuance process; and (C) the consequences to Federal, State or local law enforcement agencies for violating a statutory, regulatory or policy provision governing the detainer issuance process. (4) ensure that as soon as practicable after issuance of the detainer, the Department provides to the alien and the counsel for the alien, if any: (A) notice of the detainer; (B) information on how an individual can notify the Department if it believes the detainer has been inappropriately issued; and (C) notice that the detainer lapses if the Department does not take custody of the alien within 48 hours. (d) The Department shall promptly cancel any detainer issued for a person who the Department learns upon further investigation is a United States citizen, a United States national or not subject to removal. (e) The Secretary shall promulgate regulations within one year of enactment of this Act requiring officers and employees of the Department of Homeland Security to collect data regarding issuance of immigration detainers, including, where applicable and available (1) the criminal charge for which the individual was detained or arrested; (2) the Federal, State or local law enforcement agency that initially detained or arrested the individual; (3) the date the Federal, State or local law enforcement agency initially detained or arrested the individual; (4) the date on which the detainer was issued; (5) the basis for issuing of the detainer;
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(6) the date on which the Department took custody of the individual; (7) the age and country of origin of the individual against whom the detainer was issued; (8) the ultimate disposition of any immigration case, including whether the individual was determined to be a United States citizen or to be in lawful immigration status; and (9) whether the individual was removed. (f) For purposes of enforcing the anti-discrimination provision of Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, the anti-discrimination provision of the Omnibus Crime Control Act and Safe Streets Act of 1968, 42 U.S.C. 3789d, the Civil Rights of Institutionalized Persons Act of 1980, 42 U.S.C. 1997, the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. 14141, and other federal civil rights laws, the Attorney General shall have access to all data collected and maintained under subsections (e). (g)Notwithstanding any other provision of law (statutory or non-statutory), including but not limited to section 2241 of Title 28, or any other habeas corpus provision, and sections 1331, 1361, and 1651 of such title, no court shall have jurisdiction to review any decision or action by the Secretary regarding whether or when to issue a detainer, except that an alien may challenge actual detention after the commencement of the 48-hour period described in subsection (b)(2) with a petition for a writ of habeas corpus under section 2241 of Title 28. Nothing in this subsection shall be construed to preclude review of constitutional claims or questions of law raised in a petition for review filed in accordance with 8 U.S.C. 1252(a)(2)(D).
SEC. 137. DATA COLLECTION RELATED REFORMS TO 287(G) AGREEMENTS (a) IN GENERAL.Section 287(g)(8 U.S.C. 1357(g)) is amended (1) by striking Attorney General each place it appears and inserting Secretary;
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(2) in subsection (1), by striking a function of an immigration officer in relation to the investigation, apprehension, or detention of aliens in the United States (including the transportation of such aliens across State lines to detention centers) and inserting immigration-related duties that relate to detention operations supported by U.S. Immigration and Customs Enforcement. (b) REGULATIONS. --Section 287(g)(8 U.S.C. 1357(g)) is amended by inserting after subsection (10), subsection (11): The Secretary, in consultation with the Attorney General, shall promulgate regulations within six months of enactment of this Act that: (A) specify the nature of the delegated authority to participating agencies; (B) specify the circumstances under which the detention officers who are delegated authority under section 287(g) may operate; and (C) specify the training and supervision requirements of participating agencies required by the Secretary. (c) DATA COLLECTION. --Section 287(g)(8 U.S.C. 1357(g)) is further amended by inserting after subsection (11), subsection (12): The Secretary, in consultation with the Attorney General, shall promulgate final regulations within one year of enactment of this Act: (A0 requiring each State, or any political subdivision of a State, that enters into a written agreement pursuant to section 287(g) of the Immigration and Nationality Act to collect and maintain such records and data as are reasonably necessary to assure that actions under the agreement are in compliance with federal law, including (i) the criminal charge for which the individual was detained, arrested and the disposition of any criminal case against the individual; (ii) the law enforcement agency that initially detained or arrested the individual, including geographic data and jurisdiction designation; (iii) the date and time of the initial encounter with the individual; (iv) the location of the initial encounter with the individual;
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(v) the duration of the initial encounter with the individual; (vi) the age, race, ethnicity, and country of origin of any individual arrested pursuant to such agreement and (vii) whether the individual was a victim or a witness to a crime for which he or she was arrested or detained. (d) Section 287(g)(8 U.S.C. 1357(g)) is further amended by inserting after subsection (12), subsection (13): For purposes of enforcing the anti-discrimination provision of Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, the anti-discrimination provision of the Omnibus Crime Control Act and Safe Streets Act of 1968, 42 U.S.C. 3789d, the Civil Rights of Institutionalized Persons Act of 1980, 42 U.S.C. 1997, the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. 14141, and other federal civil rights laws, the Attorney General shall have access to all data collected and maintained under paragraph (12). The Secretary and Attorney General will enter into an agreement setting forth the process for data sharing consistent with the purpose of this subsection.
SUBTITLE C FIGHTING TRANSNATIONAL CRIME
SEC. 138. LAUNDERING OF MONETARY INSTRUMENTS. Section 1961(1) of title 18, United States Code, is amended in subsection (1)(B) by inserting section 1541 (relating to trafficking in passports), after section 1513 (relating to retaliating against a witness, victim, or an informant),, and by inserting section 1545 (relating to schemes to defraud aliens), after section 1544 (relating to misuse of passport),, and by inserting section 1547 (relating to marriage fraud), section 1548 (relating to attempts and conspiracies), after section 1546 (relating to fraud and misuse of visas, permits, and other documents),, and by inserting section 1028A (relating to aggravated identity theft), after section 1028 (relating to fraud and related activity in connection with identification documents),; and(2) in subsection (1)(F) , by inserting section 274A(a)(1), 274A(a)(2) or 274A(i) (relating to the unlawful employment of aliens), after section 274 (relating to bringing in and harboring certain
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aliens), and by inserting or section 295(relating to organized human smuggling), section 296 (relating to abusive treatment of smuggled migrants), section 297 (relating to hindering immigration, border, and customs controls), after section 278 (relating to importation of alien for immoral purpose) if the act indictable under such section of such Act was committed for the purpose of financial gain, ;
SEC. 139.
KNOWLEDGE REQUIREMENT IN CONCEALMENT
MONEY LAUNDERING Section 1956(a)(1)(B) of title 18, United States Code, is amended to read as follows:(B) knowing that the transaction (i) conceals or disguises, or is intended to conceal or disguise, the nature, source, location, ownership or control of the proceeds of some form of unlawful activity; or (ii) avoids, or is intended to avoid, a transaction reporting requirement under state or federal law, Section 1956(a)(2)(B) of title 18, United States Code, is amended to read as follows: (B) knowing that the monetary instrument or funds involved in the transportation, transmission or transfer represent the proceeds of some form of unlawful activity, and knowing that such transportation, transmission, or transfer -(i) conceals or disguises, or is intended to conceal or disguise, the nature, source, location, ownership or control of the proceeds of some form of unlawful activity; or (ii) avoids, or is intended to avoid, a transaction reporting requirement under state or federal law, SEC. 140. ILLEGAL MONEY TRANSMITTING BUSINESSES (a) Section 1960(b)(1)(B) of title 18, United States Code, is amended by inserting the following before the semi-colon: , whether or not the defendant knew that the operation was required to comply with such registration requirements or regulations. (b) TECHNICAL AMENDMENTS. Section 1960 of title 18, United States Code, is amended (1) in the title by striking unlicensed and inserting illegal; (2) in subsection (a) by striking unlicensed and inserting illegal;
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 (b) by renumbering current subparagraphs (2), (3), and (4) as (3), (4), and (5) and adding the following as subparagraph (2): (A) IN GENERAL. Whoever violates this section shall be fined in accordance with title 18.
(3) in subsection (b)(1) by striking unlicensed and inserting illegal; and
(4) in subsection (b)(1)(C) by inserting , exchange after transportation.(c) DEFINITION OF MONEY TRANSMITTING BUSINESS (Section 1960(b)(2) of title 18, United States Code, is amended to read as follows:
(2) the term money transmitting business means any business other than the United States Postal Service, which provides check cashing, currency exchange, money transmitting or remittance services, or issues, sells or redeems money orders, travelers checks, prepaid access devices, digital currencies, or other similar instruments or any other person or association of persons, formal or informal, engaging as a business in transporting, transferring, exchanging or transmitting currency, means to access funds or the value of funds, or funds in any form, including any person or association of persons, formal or informal, engaging as a business in any informal money transfer system or any network of people who engage as a business in facilitating the transfer of money domestically or internationally outside of the conventional financial institutions system. SEC. 141. BULK CASH SMUGGLING
Section 5332(b) of title 31, United States Code, is amended by
(a) in subparagraph (1), striking 5 and inserting 10; and
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 (a) SEC. 144. CASES SEC. 142.
(B) ENHANCED FINE FOR AGGRAVATED CASES. Whoever violates this section while violating another law of the United States, other than 31 U.S.C. 5316 or 5324(c), or as part of a pattern of any unlawful activity, including violations of 31 U.S.C. 5316 or 5324(c), shall be fined twice the amount provided in subsection (b)(3) or (c)(3) of section 3571 of title 18, United States Code.
INCORPORATING INFORMAL VALUE TRANSFER SYSTEMS INTO SECTION 1957
Section 1956(a)(1) of title 18, United States Code, is amended by striking For purposes of this paragraph, a financial transaction and inserting For purposes of this paragraph and Section 1957, a financial transaction or a monetary transaction.
SEC. 143. CRIMINAL FORFEITURE. Section 982 of Title 18 is amended: (1) in subsection (a)(2)(B) by inserting 1028A between 1028 and 1029, and (2) in subsection (a)(6)(A): (A) by striking 274A(a)(1) or 274A(a)(2), and inserting 295, 296, or 297; and (B) by inserting and 1028A after 1028 and (3) in subsection (a)(8) by inserting and 1028A after 1028..
SUBPOENAS IN MONEY LAUNDERING AND FORFEITURE
(a) Section 986 of title 18, United States Code, is amended as follows
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(1) Before the filing of a verified complaint, the United States may request the Clerk of the Court in any district where a civil forfeiture action may be filed pursuant to section 1355(b) of title 28, United States Code, to issue a subpoena duces tecum to any financial institution, as defined in section 5312(a) of title 31, United States Code, to produce books, records and any other documents at any place designated by the requesting party. (2) At any time after the commencement of any action for forfeiture by the United States under section 981 or 982 of this title, or sections 5317 and 5332 of title 31, United States Code, or the Controlled Substances Act, any party may request the Clerk of the Court in the district in which the proceeding is pending to issue a subpoena duces tecum to any financial institution, as defined in section 5312(a) of title 31, United States Code, to produce books, records and any other documents at any place designated by the requesting party. All parties to the proceeding shall be notified of the issuance of any such subpoena.; and (2) in subsection (c), by inserting or the Federal Rules of Criminal Procedure after Procedure.
(b) AMENDMENTS TO SECTION 3486. Section 3486(a) of title 18, United States Code, is amended -(1) in subsection (a)(1)(A) by striking of after relating and inserting to; and
(2) by striking , at the end of subsection (ii),inserting ; or after the Treasury in that subsection, and inserting the following new subsection (iii) after subsection (ii): (iii) an offense under section 1956, 1957, or 1960 of this title, or section 5313, 5316, 5324, 5331 or 5332 of title 31, or an offense against a foreign nation constituting specified unlawful activity under section 1956, or a criminal or civil forfeiture based upon an offense enumerated in this
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subsection or for which enforcement could be brought under section 2467 of title 28, the Attorney General; the Secretary of Homeland Security; or the Secretary of the Treasury,; and (3) by striking the word or before subsection (a)(6)(B)(iv), inserting , or after the word witnesses in that subsection, and inserting the following new subsection (B)(v), as follows: (v) dissipation, destruction, removal, transfer, damage, encumbrance, or other unavailability of property that may become subject to forfeiture or an enforcement action under 2467 of title 28, United States Code. (c) FAIR CREDIT REPORTING ACT AMENDMENT. Section 604(a)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681b(a)(1)) is amended by inserting before the period at the end ", or a subpoena issued pursuant to section 5318 of title 31 or section 3486 of title 18. (d) OBSTRUCTION OF CRIMINAL INVESTIGATIONS.-- Section 1510(b) of title 18, United States Code, is amended (1) in paragraph (b)(2)(A), by striking grand jury subpoena and inserting subpoena for records; and (2) in paragraph (b)(3)(B), by deleting or a Department of Justice subpoena (issued under section 3486 of title 18) and by inserting , a subpoena issued under section 3486 of title 18, or an order or subpoena issued pursuant to section3512 of title 18, section 5318 of title 31, or section 1782 of title 28, after grand jury subpoena, and (3) in paragraph (b)(3)(B)(i) by inserting , 1960, or an offense against a foreign nation constituting specified unlawful activity under section 1956, or a foreign offense for which enforcement of a foreign forfeiture judgment could be brought under section 2467 of title 28" after 1957". (e) RIGHT TO FINANCIAL PRIVACY ACT.-- Section 3420 of title 12, United States Code, is amended in subsection (b)(1)(A) by deleting or 1957 and inserting , 1957, or 1960 and by deleting and 5324 and inserting , 5322, 5324, 5331, and 5332 of title 31;
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SEC. 145.
CIVIL FORFEITURE CASES BASED UPON FOREIGN OFFENSES
(a) Section 981(b)(4) of title 18, United States Code, is amended by:
(1) in subsection (A) striking 30 and inserting 90 and striking 43(e) and inserting 43(c); and
(2) in subsection (B) by inserting the following after the words under this subsection: or to receive an order, affidavit, or evidence in support of an application to preserve property pursuant to section 2467 of title 28, United States Code. (b) Section 981(i)(4) of title 18, United States Code, is amended to delete the word drug between unlawful and activity wherever it appears.
(c)Section 981(k) of title 18, United States Code, is amended to add new subsections (5) and
(6), as follows: (5) Venue. A forfeiture proceeding pursuant to this subsection may be brought in any district court where a forfeiture action against the underlying property located in a foreign country could have been brought as set forth in section 1355(b) of title 28.
(6) Attorney fees and liability.The provisions of section 2465 of title 28 do not apply to any procedure initiated by the United States under this section in which a foreign financial institution establishes ownership in accordance with subsection (4)(B)(ii).
SEC. 146.
UPDATING ADMINISTRATIVE FORFEITURE AUTHORITY
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(a) ADMINISTRATIVE FORFEITURE OF FUNDS. Section 1607(a) of title 19, United States Code, is amended by --
(1) striking or at the end of paragraph (3);
(2) inserting or after the semi-colon at the end of paragraph (4); and
(3) inserting the following after paragraph (4):
(5) such seized merchandise comprises funds accessible through a prepaid access device or other portable storage device;. (b) ADMISSIBILITY OF FOREIGN RECORDS IN CIVIL FORFEITURE PROCEEDINGS. Section 3505(a)(1) of title 18, United States Code, is amended by inserting the following after the words criminal proceeding, civil forfeiture action, or enforcement action brought under section 2467 of title 28, United States Code. SEC. 147. ALIEN SMUGGLING AND HARBORING
(a) REAL PROPERTY USED IN ALIEN SMUGGLING AND HARBORING. Section 274(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1324(b)(1)) is amended by -(1) striking Any conveyance, including any vessel, vehicle, or aircraft, that has been or is being used in the commission of a violation and inserting Any property, real or personal, used or intended to be used to commit or to facilitate the commission of a violation; and (2) striking such conveyance and inserting such property.
(b) PROCEEDS OF ALIEN SMUGGLING AND HARBORING. Section 274(b) of the Immigration and Nationality Act (8 U.S.C. 1324(b)) is amended by adding the following after paragraph (3): (4) For purposes of this subsection and Section 982(a)(6) of title 18, the term proceeds means any property derived from or obtained or retained, directly or
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indirectly, as a consequence of an act or omission in violation of this section, including the gross receipts of such activity..
SEC. 148. PROPERTY DETAINED AT THE BORDER Section 983(a)(1) of title 18, United States Code, is amended (1) in subparagraph (A), by adding the following after clause (v): (vi) In cases where property is detained at an international border or port of entry for the purpose of examination, testing, inspection, obtaining documentation or other investigation relating to the importation of the property into, or the exportation of the property out of, the United States, such period of detention shall not be included in the 60-day period described in clause (i). In such cases, the 60-day period shall begin to run when the period of detention is concluded, and a law enforcement agency of the United States seizes the property for the purpose of forfeiture to the United States.; and (2) in subparagraph (D),
(A) by striking or at the end of clause (iv);
(B) by redesignating clause (v) as clause (vi); and
(C) by inserting the following after clause (iv):
(v) initiation of a forfeiture proceeding before the seizing agency has received the results of a scientific test or laboratory analysis of the seized property that is material to the determination whether the property is subject to forfeiture; or SEC. 149. PERMIT INTERNATIONAL COOPERATION REGARDING WITNESS
RELOCATION.
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(a) (b)
Section 3521(a)(1) of Title 18, United States Code, is amended by inserting Section 3526(b)of Title18, United States Code, is amended by inserting or
after the phrase State government the following phrase: or for a foreign authority; foreign authority after In any case in which a State government; and Section 3526(b)(2)of Title 18, United States Code, is amended by inserting at the beginning where the request for protection is made by a State Government,, and by inserting at the end Where the request for protection is made by a foreign authority, the Attorney General may enter into a similar agreement with that authority. (c) Section 3528 of Title 18, United States Code, is amended by inserting at the end, the following new paragraph: For purposes of this chapter, the term foreign authority shall have the meaning given to that term in section 3512(h)(2)of this Title.
SEC. 150. PENALTIES RELATING TO VESSELS AND AIRCRAFT. Section 243(c) (8 U.S.C. 1253(c)) is amended (1) by striking Attorney General and Commissioner each place those terms appear and inserting Secretary of Homeland Security; (2) in paragraph (1)(A), by striking $2,000 and inserting $5,000; (3) in paragraph (1)(B) by striking $5,000 and inserting $10,000; and (4) by amending paragraph (1)(C) to read as follows: (C) COMPROMISE.The Secretary of Homeland Security may in the Secretarys unreviewable discretion, upon application in writing, mitigate penalties under this subsection for each alien stowaway to an amount not less than $2,000, upon such terms that the Secretary of Homeland Security determines appropriate. and; (5) by inserting: (D) EXCEPTION -- a person, acting without compensation or the expectation of compensation, is not subject to penalties under this paragraph if the person is (1) providing, or attempting to provide, an alien with humanitarian assistance, including emergency medical care or food or water; or
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(2) transporting the alien to a location where such humanitarian assistance can be rendered without compensation or the expectation of compensation.
SEC. 151. TERRITORIAL JURISDICTION OVER CERTAIN ACTIVITIES OCCURRING ON VESSELS AND AIRCRAFT OF THE UNITED STATES
(a) Chapter 1 of title 18, United States Code is amended by inserting after section 21 the following new section:
22.Territorial jurisdiction over vessels and aircraft of the United States. (a) For the purpose of application of criminal offenses made punishable by any enactment of Congress, conduct committed upon a vessel of the United States or an aircraft of the United States that is outside the jurisdiction of any State (as such terms are defined in this section), shall be deemed to have been committed within the territory of the United States. (b) As used in this section, the term (1) vessel of the United States has the meaning set forth in the Maritime Drug Law Enforcement Act, as amended (46 U.S.C. 70502(b)); (2) aircraft of the United States has the meaning set forth in 49 U.S.C. 40102 (a) (17); and (3) State includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.. (b) The table of sections for chapter 1 of title 18, United States Code, is amended by inserting the following after the item relating to section 21: 22. Territorial jurisdiction over vessels and aircraft of the United States.. (a) Section 9 of title 18, United States Code, is amended by striking The term and inserting Except as otherwise provided, the term.
(c) Section 7 of title 18, United States Code, is amended
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(1) in paragraph (1), by inserting or registered under the laws of the United States, or any State, Territory, District, or possession thereof, after or possession thereof,; and (2), in paragraph (5), by (A) inserting or any aircraft registered under the laws of the United States, after possession thereof,; and (B) striking over the high seas, or over any other waters within the admiralty and maritime jurisdiction of the United States.
(d) Section 13, Title 18, United States Code, is amended by inserting the following after subsection (c): (d) Whoever, upon a vessel or aircraft of the United States as defined in section 22 of this title, not located within the jurisdiction of any State, Commonwealth, territory, possession or district, is guilty of any act or omission which would be punishable by imprisonment for a term exceeding one year if committed within the jurisdiction of the District of Columbia, by the laws in force at the time of such act or omission, although not otherwise made punishable by enactment of Congress or otherwise by subsections (a) through (c), shall be guilty of a like offense and subject to a like punishment..
SEC. 152. ORGANIZED AND ABUSIVE HUMAN SMUGGLING ACTIVITIES. (a) ENHANCED PENALTIES.The Immigration and Nationality Act is amended by inserting after section 294 the following new sections: SEC. 295.ORGANIZED HUMAN SMUGGLING. (a) PROHIBITED ACTIVITIES.Whoever, while acting for profit or other financial gain, knowingly directs, participates in, or furthers an effort or scheme to assist or cause five or more persons (other than a parent, spouse or child of the offender) (1) to enter, attempt to enter, or prepare to enter the United States (A) by fraud, falsehood, or other corrupt means, (B) at any place other than a port or place of entry designated by the Secretary, or (C) in a concealed manner or any other manner not prescribed by the immigration laws and regulations of the United States; or (2) to travel by air, land, or sea toward the United States (whether directly or indirectly)
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(A) knowing that the persons seek to enter or attempt to enter the United States without lawful authority, and (B) with the intent to aid or further such entry or attempted entry; or (3) to be transported or moved outside of the United States (A) knowing that such persons are aliens in unlawful transit from one country to another or on the high seas, and (B) under circumstances in which the persons are in fact seeking to enter the United States without official permission or legal authority; shall be punished as provided in subsection (c) or (d). (b) CONSPIRACY AND ATTEMPT.Any person who attempts or conspires to violate subsection (a) of this section shall be punished in the same manner as a person who completes a violation of such subsection. (c) BASE PENALTY.Except as provided in subsection (d), any person who violates subsection (a) or (b) shall be fined under title 18, imprisoned for not more than 20 years, or both. (d) ENHANCED PENALTIES.Any person who violates subsection (a) or (b) (1) in the case of a violation during and in relation to which a serious bodily injury (as defined in section 1365 of title 18) occurs to any person, be fined under title 18, imprisoned for not more than 30 years, or both; (2) in the case of a violation during and in relation to which the life of any person is placed in jeopardy, be fined under title 18, imprisoned for not more than 30 years, or both; (3) in the case of a violation involving 10 or more persons, be fined under title 18, imprisoned for not more than 30 years, or both; (4) in the case of a violation involving the bribery or corruption of a U.S. or foreign government official, be fined under title 18, imprisoned for not more than 30 years, or both; (5) in the case of a violation involving robbery or extortion as defined in section 1951(b)(1) and (2) of title 18, be fined under title 18, imprisoned for not more than 30 years, or both;
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(6) in the case of a violation during and in relation to which any person is subjected to an involuntary sexual act (as defined in section 2246(2) of title 18), be fined under title 18, imprisoned for not more than 30 years, or both; or (7) in the case of a violation resulting in the death of any person, be fined under title 18, imprisoned for or any term of years or for life, or both. (e) LAWFUL AUTHORITY DEFINED.For purposes of this section, the term lawful authority means permission, authorization, or license that is expressly provided for in the immigration laws of the United States or accompanying regulations. The term does not include any such authority secured by fraud or otherwise obtained in violation of law; nor does it include authority sought, but not approved. No alien shall be deemed to have lawful authority to travel to or enter the United States if such travel or entry was, is, or would be in violation of law. (f) EFFORT OR SCHEME DEFINED.For purposes of this section, effort or scheme to assist or cause five or more persons does not require that the five or more persons enter, attempt to enter, prepare to enter, or travel at the same time. SEC. 296.ABUSIVE TREATMENT OF MIGRANTS BEING SMUGGLED. (a) VIOLENCE AND SEXUAL ABUSE. (1) Whoever, during and in relation to any offense that constitutes a violation of section 274, 278, or 295 of this Act, engages in conduct that would constitute any offense enumerated in paragraph (2) of this subsection (or a conspiracy to commit any such offense) had the conduct been engaged in within the special maritime and territorial jurisdiction of the United States shall be punished as provided for that enumerated offense. A person may be prosecuted under this section regardless of whether the person is or could be prosecuted for, and regardless of whether any person is charged with, the related violation of 274, 278, or 295 of this Act. (2) The offenses covered by paragraph (1) include (A) any offense under section 113 (relating to assault) or 114 (relating to maiming) of chapter 7 of title 18; (B) any offense under section 1111 (relating to murder), 1112 (relating to manslaughter), or 1113 (relating to attempt to commit murder or manslaughter) of chapter 51 of title 18;
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(C) any offense under section 1581 (relating to peonage), 1583 (relating to enticement into slavery), 1584 (relating to sale into involuntary servitude), 1585 (relating to seizure, detention, transportation, or sale of slaves), 1589 (relating to forced labor), 1590 (relating to trafficking with respect to peonage, slavery, involuntary servitude, or forced labor), or 1591 (relating to sex trafficking of children by force, fraud, or coercion) of chapter 77 of title 18; and (D) any offense under chapter 109A (relating to sexual abuse) of title 18. (b) ABANDONMENT.Whoever, during and in relation to any offense under section 274, 278, or 295 of this Act for which the person may be prosecuted in a court of the United States, knowingly abandons or otherwise deserts a person under the offenders direction, control, or care in circumstances that place such person at a significant and apparent risk of death, including by starvation, illness, or injury shall be fined under title 18, imprisoned for or any term of years or for life, or both. (c) EXTRATERRITORIAL APPLICATION.This section shall have extraterritorial application. SEC. 297.HINDERING IMMIGRATION, BORDER, AND CUSTOMS CONTROLS. (a) ILLICIT SPOTTING.Whoever knowingly surveils, tracks, monitors, or transmits the location, movement, or activities of any Federal, State, or tribal law enforcement agency with the intent to further any violation of Federal law relating to United States immigration, customs, drug, agriculture, currency, or other border controls shall be fined under title 18, imprisoned not more than 10 years, or both. (b) DESTRUCTION OF UNITED STATES BORDER CONTROLS.Whoever knowingly and without lawful authorization destroys, alters, or damages any fence, barrier, sensor, camera, or other physical or electronic device deployed by the Federal government to control the border or a port of entry or otherwise seeks to construct, excavate, or make any structure intended to defeat, circumvent or evade any such fence, barrier, sensor camera, or other physical or electronic device deployed by the Federal government to control the border or a port of entry shall be fined under title 18, imprisoned not more than 10 years, or both, and if, at the time of the offense, the person uses or carries a firearm or
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who, in furtherance of any such crime, possesses a firearm, that person shall be fined under Title 18, imprisoned not more than 20 years, or both (c) CONSPIRACY AND ATTEMPT.Any person who attempts or conspires to violate subsection (a) or (b) of this section shall be punished in the same manner as a person who completes a violation of such subsection. (b) PROHIBITING CARRYING OR USE OF A FIREARM DURING AND IN RELATION TO AN ALIEN SMUGGLING CRIME. Section 924(c) of title 18, United States Code, is amended (1) in paragraph (1) (A) in subparagraph (A), by inserting , alien smuggling crime, after crime of violence each place it appears; (B) in subparagraph (D)(ii), by inserting , alien smuggling crime, after crime of violence: and (2) by adding at the end a new paragraph (6) to read as follows: (6) For purposes of this subsection, the term alien smuggling crime means any felony punishable under section 274(a), 277, 278, 295, and 296 of the Immigration and Nationality Act. (c) STATUTE OF LIMITATIONS.Section 3298 of title 18, United States Code, is amended by inserting , 295, 296, or 297 after 274(a).
SEC. 153. UNIFORM STATUTE OF LIMITATIONS FOR CERTAIN IMMIGRATION, PASSPORT, AND NATURALIZATION OFFENSES. (a) IN GENERAL. Section 3291 of title 18, United States Code, is amended to read as follows: SEC. 3291.IMMIGRATION, PASSPORT, AND NATURALIZATION OFFENSES. No person shall be prosecuted, tried, or punished for a violation of any section of chapters 69 (relating to nationality and citizenship offenses), 75 (relating to passport, visa, and immigration offenses), 77 (relating to peonage, slavery, and trafficking in persons).or for a violation of any criminal provision under section 243, 266, 274, 274A, 275, 276, 277, or 278 of the Immigration and Nationality Act (8 U.S.C. 1253, 1306, 1324, 1324a, 1325,
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1326, 1327, and 1328), or for an attempt or conspiracy to violate any such section, unless the indictment is returned or the information filed not later than 10 years after the commission of the offense.. (b) CLERICAL AMENDMENT- The table of sections for chapter 213 of title 18, United States Code, is amended by striking the item relating to section 3291 and inserting the following: 3291. Immigration, passport, and naturalization offenses..
SEC. 154. DIRECTIVES TO THE UNITED STATES SENTENCING COMMISSION. Pursuant to the authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall (1) promulgate or amend the sentencing guidelines, policy statements, and official commentaries related to material false statements or omissions related to terrorism-related offenses; and (2) review its guidelines and policy statements applicable to persons convicted of offenses under sections 274(a), 278, 295, and 296 of the Immigration and Nationality Act (as amended by this Act), and any other relevant provisions of law, in order to reflect the intent of Congress that such penalties be increased in comparison to those currently provided by such guidelines and policy statements for those offenders who engage in organized or abusive human smuggling.
SUBTITLE D: STRENGTHENING THE IMMIGRATION COURT SYSTEM SECTION 155. IMMIGRATION COURTS PERSONNEL
(a) Annual Increases in Immigration Courts Judges - The Attorney General shall, subject to the availability of appropriations, increase the number of immigration judges (including the necessary additional support staff) to adjudicate current pending cases and efficiently process future cases by-(1) 40 in fiscal year 2014; (2) 50 in fiscal year 2015; and
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(3) 50 in fiscal year 2016 (b) Annual Increases in Appeals Court Personnel - The Attorney General shall, subject to the availability of appropriations, increase the number of Board of Immigration Appeals staff attorneys (including the necessary additional support staff) to efficiently process appeals by-`(1) 30 in fiscal year 2014; `(2) 30 in fiscal year 2015; and `(3) 30 in fiscal year 2016
SEC. 156. CLARIFYING IMMIGRATION JUDGE AUTHORITY (a) Section 1229a(b)(1) of title 8, United States Code, is amended(1) by inserting after action (or inaction), by parties in immigration proceedings, including, but not limited to, aliens, witnesses, counsel for the alien and counsel for the government, , (2) The Attorney General, in consultation with the Secretary, shall issue final regulations within 9 months of the date of enactment of this title to enhance accountability in removal proceedings, including the standards expected of aliens, witnesses, counsel for the alien, counsel for the government, and immigration judges, and to ensure efficient docket management and appropriate case completion deadlines.
SEC. 157. DEFINING BOARD OF IMMIGRATION APPEALS (a) Section 1101(a) of title 8, United States Code, is amended by adding at the end the following: (53) the term Board Member means an attorney whom the Attorney General appoints as an administrative judge within the Executive Office for Immigration Review to serve on the Board of Immigration Appeals, qualified to review decisions of immigration judges and other matters within the jurisdiction of the Board of Immigration Appeals .
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(b) Section 1229a (a)(1) of title 8, United States Code, is amended by adding at the end The Board of Immigration Appeals shall review decisions of immigration judges under this section.
SEC. 158. INCREASING ACCESS TO LEGAL SERVICES (a) IN GENERAL(1) Section 1362 of title 8, United States Code, is amended:-(A) by striking removal and inserting immigration (B) by striking (at no expense to the Government); and (C) by adding at the end the following: The Government is not required to provide counsel to aliens under this section; however, the Attorney General may, in his or her sole and unreviewable discretion, provide counsel to aliens in immigration proceedings. (2) Section 1229a(b)(4)(A) of title 8, United States Code, is amended: (A) in subsection by striking (at no expense to the Government); and (B) by adding at the end the following: The Government is not required to provide counsel to aliens under this section; however, the Attorney General may, in his or her sole and unreviewable discretion, provide counsel at government expense to aliens in immigration proceedings. (b) REPRESENTATION FOR PARTICULARLY VULNERABLE ALIENS- The Attorney General, in consultation with the Secretary and the Secretary of Health and Human Services, shall establish pilot programs to provide
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counsel to unaccompanied alien children (as defined in 6 U.S.C. 279(g)(2)) and mentally incompetent aliens. There are authorized to be appropriated to the Attorney General such sums as may be necessary to carry out this section.
SEC. 159. TRAINING AND RESOURCE CENTER (a) ESTABLISHMENT OF A TRAINING AND RESOURCE CENTER. - The Attorney General shall establish a Training and Resource Center for the purpose of providing training programs for adjudicators and staff of the Executive Office for Immigration Review and create and maintain country condition information that may be used by adjudicators in the Executive Office for Immigration Review. The Attorney General has sole, unreviewable discretion to determine the contents of country conditions information provided by the Training and Resource Center. Country condition information from the Training and Resource Center may be entered into evidence by immigration judges in immigration proceedings. Parties to proceedings must be presented with country conditions information that may be entered into evidence and provided an adequate opportunity to respond to the information. (b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Attorney General such sums as may be necessary to carry out this section. SEC. 160. SECURE ALTERNATIVES PROGRAM. (a) Pursuant to such rules and procedures as the Secretary may prescribe, the Secretary shall establish a secure alternatives program for qualified individuals in removal proceedings. The program shall be designed to ensure public safety and the appearance of individuals at their removal hearings and for any subsequently ordered removals. (b) In determining whether an individual is eligible for such a program he Secretary shall consider whether the individual (1) poses a danger to himself, public safety, or national security;
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(2) poses a high risk of flight from removal proceedings or potential removal order; or (3) is subject to mandatory detention by law. Placement in the program shall be at the sole and unreviewable discretion of the Secretary, and the Secretary may elect, at the Secretarys discretion or upon recommendation of the Attorney General, to place an individual in the program in addition to any bond or conditions of supervision imposed on the individual by the Attorney General. (c) If an individual fails to comply with any of the terms or conditions imposed by the Secretary under the program, the Secretary may modify the terms or conditions, or terminate the individuals participation and detain the individual pending further hearing or removal. (d) The programs general implementation, law enforcement functions, oversight, and decisions concerning eligibility or termination shall rest with the Secretary but the Secretary may authorize contracts to assist with the administration of the program. (e) The Secretary shall closely monitor the rates of compliance under the program and make such modifications to the program that are needed to maintain a high rate of compliance.
SEC. 161. OFFICE OF LEGAL ACCESS PROGRAMS (a) IN GENERAL The Attorney General shall establish within the Executive Office for Immigration Review an Office of Legal Access Programs to develop and administer a system of legal orientation programs to educate aliens regarding administrative procedures and legal rights under United States immigration law and to establish other programs to assist in providing aliens access to legal assistance. (b) The Legal Orientation Program may:
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(1) provide services to assist aliens in making informed and timely decisions regarding their removal and eligibility for relief from removal in order to increase efficiency in immigration proceedings and federal custody processes and to improve access to counsel and other legal services; and (2) may provide services to detained aliens in immigration and asylum proceedings under sections 235, 238, 240, and 241(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1225, 1228, 1229a, and 1231(a)(5)) and non-detained aliens in immigration and asylum proceedings under sections 235, 238, and 240 of the Immigration and Nationality Act (8 U.S.C. 1225, 1228, and 1229a) (c) PROCEDURES - The Secretary of Homeland Security shall establish procedures that ensure: (1) regularly scheduled legal orientation presentations for detained aliens within five days of arrival into custody; and (2) information pertaining to the alien which is relevant to the aliens legal proceeding is made available to Legal Orientation Program providers in advance of legal orientation presentations. (d) Nothing in this subsection shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person.
SEC. 162. PROVISIONS GOVERNING MENTALLY INCOMPETENT ALIENS (a) Section 240(b)(3)(8 U.S.C. 1229a(b)(3)) is amended to read as follows: (3) Presence of alien. (A) In General. If an alien is found to have indicia of mental incompetency or is determined to lack mental competence to represent himself or herself, the Attorney General and the Secretary of Homeland Security shall prescribe safeguards to protect the rights and privileges of the alien. (i) Competency Evaluations. To assist in determining whether the alien is mentally competent, the Attorney General may order that a psychiatric or psychological examination of the alien be conducted, and that a psychiatric or psychological report be filed with the court. A program to procure competency evaluations ordered by the Attorney General
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shall be administered by the Department of Justice. Such examinations shall not be conducted by the Department of Homeland Security; provided, however, that the Department of Homeland Security shall fund such examinations and shall make aliens in its custody available to be evaluated by the court-appointed examiner. A finding of incompetency must be made on the record and may be made with or without a formal competency hearing. (ii) Termination of Proceedings. An immigration judge must terminate proceedings without prejudice if the aliens proceedings cannot be made fundamentally fair. = (iii) Appointment of Counsel. If proceedings are not terminated for a mentally incompetent alien, and the alien remains unrepresented, the Attorney General shall appoint representation for the unrepresented alien. (b) The Attorney General shall issue regulations within 9 months of the date of enactment of this title to address issues related to aliens who are or may be mentally incompetent who are in removal proceedings.
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TITLE II--LEGALIZATION OF UNDOCUMENTED INDIVIDUALS
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Table of Contents
SUBTITLE A LAWFUL PROSPECTIVE IMMIGRANTS .................................................................... 2 SEC. 201. LAWFUL PROSPECTIVE IMMIGRANTS...................................................................... 2 SEC. 202. ADJUSTMENT OF STATUS FOR LAWFUL PROSPECTIVE IMMIGRANTS.......... 25 SEC. 203. ADMINISTRATIVE AND JUDICIAL REVIEW OF DECISIONS RESPECTING LAWFUL PROSPECTIVE IMMIGRANT STATUS AND ADJUSTMENT OF STATUS FOR LAWFUL PROSPECTIVE IMMIGRANTS. ................................................................................... 31 SEC. 204. CONFIDENTIALITY OF INFORMATION.................................................................... 37 SEC. 205. ALIENS NOT SUBJECT TO DIRECT NUMERICAL LIMITATIONS. ....................... 39 SEC. 206. EMPLOYER PROTECTIONS. ........................................................................................ 39 SEC. 207. ASSIGNMENT OF SOCIAL SECURITY NUMBER..................................................... 40 SUBTITLE B - IMPLEMENTATION ....................................................................................................... 40 SEC. 208. RULEMAKING................................................................................................................ 40 SEC. 209. EXEMPTION FROM GOVERNMENT CONTRACTING AND HIRING RULES. ..... 40 SEC. 210. AUTHORITY TO ACQUIRE LEASEHOLDS................................................................ 41 SEC. 211. PRIVACY AND CIVIL LIBERTIES............................................................................... 42 SEC. 212. STATUTORY CONSTRUCTION. .................................................................................. 42 SUBTITLE C - MISCELLANEOUS ......................................................................................................... 42 SEC. 213. CORRECTION OF SOCIAL SECURITY RECORDS.................................................... 42 SEC. 214. FRAUD PREVENTION PROGRAM. ............................................................................. 43
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SUBTITLE A LAWFUL PROSPECTIVE IMMIGRANTS SEC. 201. LAWFUL PROSPECTIVE IMMIGRANTS. (a) IN GENERAL. Notwithstanding any other provision of law, the Secretary may grant an alien status as a Lawful Prospective Immigrant if the alien (1) submits an application for such status; and (2) meets the requirements of this section of the Comprehensive Immigration Reform Act of 2013. (b) ELIGIBILITY REQUIREMENTS. (1) IN GENERAL.To be eligible for status as a Lawful Prospective Immigrant an alien shall establish, by a preponderance of the evidence, the following and any other applicable requirements set forth in this section (A) INELIGIBILITY.The alien shall not fall within a class of aliens ineligible for Lawful Prospective Immigrant status listed under paragraph (2) of this subsection. (B) INADMISSIBILITY.Except as provided in paragraph (3) of this subsection, the alien shall not be inadmissible under section 212(a) of the Immigration and Nationality Act (hereinafter the Act). For purposes of this section, an applicant for Lawful Prospective Immigrant status shall be treated as an applicant for admission. (C) PHYSICAL PRESENCE.The alien shall (i) be physically present in the United States on the date of application for status as a Lawful Prospective Immigrant; (ii) have been present in the United States before the date of the introduction of the Comprehensive Immigration Reform Act of 2013; and
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(iii) have maintained continuous physical presence in the United States from the date of the introduction of the Comprehensive Immigration Reform Act of 2013 to the date on which the alien is granted status as a Lawful Prospective Immigrant under this title. (2) GROUNDS OF INELIGIBILITY. (A) IN GENERAL.An alien is ineligible for Lawful Prospective Immigrant status if the Secretary determines that the alien (i) has been convicted of "(I) any offense under Federal or State law (other than a state or local offense for which an essential element was immigration status or a violation of the Act or of regulations issued thereunder) for which the alien served a term of imprisonment of more than one year ; (II) three or more offenses under Federal or State law (other than a state or local offense for which an essential element was immigration status or a violation of the Act or of regulations issued thereunder) for which the alien was convicted on different dates for each of the three offenses and served an aggregate term of imprisonment of 90 days or more; or (III) any offense under foreign law, other than a purely political offense, which if committed in the United States would render the alien inadmissible or removable from the United States, except as provided in paragraph (3) of this subsection; (ii) has been convicted of an aggravated felony, as defined in section 101(a)(43) of the Act, at any time after entry to the United States;
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(iii) is on the date of the introduction of Comprehensive Immigration Reform Act of 2013 (I) an alien lawfully admitted for permanent residence; (I) an alien granted asylum under section 208 of the Act or admitted as a refugee under section 207 of the Act; (III) an alien who, according to the records of the Secretary or the Secretary of State, is in a period of authorized stay in any nonimmigrant status (other than an alien considered to be in a nonimmigrant status solely by reason of P.L. 110-229 or section 244(f)(4) of the Act, or an alien who seeks Lawful Prospective Immigrant status pursuant to subsection (d) of as a spouse or child of a Lawful Prospective Immigrant), notwithstanding any unauthorized employment, presence in the United States without being admitted or paroled, or other violation of nonimmigrant status; (IV) an alien paroled into the United States under section 212(d)(5) of the Act for purposes of prosecution or of serving as a witness in proceedings being, or to be, conducted by judicial, administrative, or legislative bodies in the United States; or (V) an alien paroled into the Commonwealth of the Northern Mariana Islands who did not reside in the Commonwealth on November 28, 2009. (3) GROUNDS OF INADMISSIBILITY. (A) IN GENERAL.In determining an alien's admissibility under paragraph (1)(B) (i) Paragraphs 5, 7, and 9(B) of section 212(a) of the Act shall not apply. Paragraphs 6(A), 6(C), 6(D), and 9(C) of section 212(a) of the Act shall not apply except when based on the act of unlawfully entering the
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United States after the date of the introduction of the Comprehensive Immigration Reform Act of 2013. Paragraphs (6)(B), (6)(F), (6)(G), (9)(A), and (10)(B) of section 212(a) of the Act shall not apply except when based on conduct occurring after the date on which the alien files an application for status as a Lawful Prospective Immigrant. (ii) The discretionary authority conferred by clause (iii) shall not be used to waive (I) subparagraphs (A), (B), (C), (D)(ii), (E), (H), or (I) (as amended by this Act) of section 212(a)(2) of the Act; (II) section 212(a)(3) of the Act; (III) subparagraphs (A), (C), or (E) of section 212(a)(10) of the Act; and (IV) with respect to misrepresentations relating to the application for Lawful Prospective Immigrant status, section 212(a)(6)(C)(i) of the Act. (iii) The Secretary may in his or her discretion waive the application of any provision of section 212(a) of the Act not listed in clause (ii) on behalf of an individual alien for humanitarian purposes, to ensure family unity, or if such waiver is otherwise in the public interest. (B) CONSTRUCTION.Nothing in this paragraph shall be construed as requiring the Secretary to commence removal proceedings against an alien. (4) CONTINUOUS PHYSICAL PRESENCE.For purposes of this subsection, any absence from the United States without authorization pursuant to subsection (e)(1)(A)(i) of this section shall constitute a break in continuous physical presence, provided that any single absence of no more than six months shall not constitute a break
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in the aliens continuous presence if the aliens departure occurred before the date of the introduction of Comprehensive Immigration Reform Act of 2013. (5) APPLICABILITY OF OTHER PROVISIONS.Section 240B(d) of the Act and section 208(d)(6) of the Act shall not apply to an alien with respect to an application for status under this section. (c) APPLICATION PROCEDURES. (1) FILING OF APPLICATION. (A) IN GENERAL.In accordance with the rulemaking procedures described in section 208 of this title (i) the Secretary of Homeland Security shall prescribe by interim final rule published in the Federal Register (I) the procedures for an alien in the United States to apply for status as a Lawful Prospective Immigrant; (II) the procedures for an alien granted Lawful Prospective Immigrant status to subsequently file a petition in the United States for a spouse or child to be classified as a Lawful Prospective Immigrant; and (III) the evidence required to demonstrate eligibility for such status, or otherwise required as part of the application, including, but not limited to, information about the aliens spouse or children. (B) RECEIPT OF APPLICATIONS.The Secretary of Homeland Security shall accept applications from aliens in the United States for Lawful Prospective Immigrant status only for a period of time the Secretary of Homeland Security establishes through the rulemaking described in section 208 of this title, except that there shall be no time limit for the filing of petitions for spouses and
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children pursuant to subsection (d) or for applications for Lawful Prospective Immigrant Status for the beneficiaries of such petitions. If, during the initial period for the receipt of applications for Lawful Prospective Immigrant status, the Secretary of Homeland Security determines that additional time is required to process applications for such status or for other good cause, the Secretary may in his or her discretion extend the period for accepting applications in increments of not greater than 12-months. (C) APPLICATION BY ALIENS APPREHENDED BEFORE START OF APPLICATION PERIOD.If an alien is apprehended between the date of enactment of this Act and the date on which the period for application under subparagraph (B) of this paragraph closes, and the alien can establish prima facie eligibility for status as a Lawful Prospective Immigrant under this section, the Secretary shall provide the alien with a reasonable opportunity to file an application under this section after regulations implementing this section are promulgated. The Secretary may determine whether an alien has established prima facie eligibility for purposes of this subparagraph. (D) APPLICATION BY ALIENS IN REMOVAL PROCEEDINGS. Notwithstanding any provision of the Act (i) if the Secretary determines that an alien, between the date of enactment of this Act and the date on which the period for application under subparagraph (B) of this paragraph closes, is in removal, deportation, or exclusion proceedings before the Executive Office for Immigration Review and is prima facie eligible for Lawful Prospective Immigrant status under this section, the alien shall have the opportunity to file an application under this section after regulations implementing this section are promulgated. If the alien files an application and can establish prima facie eligibility for status as a Lawful Prospective Immigrant under this section, the Executive Office for Immigration Review, upon motion
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by the Secretary, and with the consent of the alien or upon motion by the alien, shall terminate such proceedings without prejudice to future proceedings on any basis and permit the alien a reasonable opportunity to apply for such status; (ii) if the Executive Office for Immigration Review determines that an alien, between the date of enactment of this Act and the date on which the period for application under subparagraph (B) of this paragraph closes, is in removal, deportation, or exclusion proceedings before the Executive Office for Immigration Review and is prima facie eligible for Lawful Prospective Immigrant status, the Executive Office of Immigration Review shall notify the Secretary. Upon a determination that the alien is prima facie eligible for Lawful Prospective Immigrant status and that the alien intends to apply for such status, after notice to the Secretary and with the consent of the alien, the Executive Office for Immigration Review shall terminate such proceedings without prejudice to future proceedings on any basis and permit the alien a reasonable opportunity to apply for such status. (E) APPLICATION BY ALIENS WITH CERTAIN ORDERS. (i) IN GENERAL.An alien who is present in the United States and has been ordered excluded, deported, or removed, or ordered to depart voluntarily from the United States under any provision of the Act, including an alien who is present in the United States after having been excluded, deported, or removed or after having voluntarily departed from the United States under any provision of the Act (I) notwithstanding such order or section 241(a)(5) of the Act, may apply for Lawful Prospective Immigrant status under this title, provided all other conditions set forth in this section are met; and
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(II) shall not be required to file a separate motion to reopen, reconsider, or vacate the exclusion, deportation, removal, or voluntary departure order. (ii) APPLICATION GRANTED.If the Secretary grants the application described in subparagraph (A) of this paragraph, the order described in clause (i) shall be rendered null and void by operation of law. (iii) APPLICATION DENIED.If the Secretary renders a final administrative decision to deny the application described in subparagraph (A) of this paragraph, the order described in clause (i) of this subparagraph shall be effective and enforceable to the same extent as if the application had not been made, unless and until such order is reversed or vacated by a court pursuant to section 203(b) of this title. (2) APPLICATION FORM. (A) IN GENERAL.The Secretary shall create an application form that an alien shall be required to complete in order to apply for Lawful Prospective Immigrant status and an application form that a Lawful Prospective Immigrant shall be required to complete in order to petition for a spouse or child to be classified as a Lawful Prospective Immigrant. The petition may be filed only while the spouse or child is either outside the United States or present in the United States in lawful status. (B) LANGUAGE AND ASSISTANCE.The Secretary shall make available forms and accompanying instructions in the most common languages spoken by persons in the United States, as determined by the Secretary in the Secretarys discretion. The Secretary shall create a plan for providing reasonable accommodation to individuals with disabilities consistent with applicable law. (C) APPLICATION INFORMATION.The application form shall request such information as the Secretary deems necessary and appropriate. The
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application, and all information submitted as part of the application process, shall be submitted in English. (3) SECURITY AND LAW ENFORCEMENT BACKGROUND CHECKS. (A) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC DATA.The Secretary may not accord status as a Lawful Prospective Immigrant to an alien in the United States unless that alien submits biometric and biographic data in accordance with procedures established by the Secretary. The Secretary shall provide an alternative procedure for applicants who cannot provide the standard biometric data because of a physical impairment. (B) BACKGROUND CHECKS.The Secretary shall utilize biometric, biographic, and other data that the Secretary deems appropriate to conduct national security and law enforcement background checks and to determine whether there exist any criminal, national security, or other factors that would render an alien in the United States ineligible for status under this section. Such national security and law enforcement background checks must be completed to the satisfaction of the Secretary before status as a Lawful Prospective Immigrant may be granted. (4) FEES AND PENALTIES. (A) PROCESSING FEES. (i) IN GENERAL.Aliens in the United States over the age of 14 making an application for status as a Lawful Prospective Immigrant, an application for extension of such status, or a petition for classification of a spouse or child as a Lawful Prospective Immigrant, shall be required to pay a processing fee to the Department of Homeland Security. (ii) AMOUNT.The amount of such processing fee shall be set by regulation at a level sufficient to recover the full cost of processing the application. Such fee shall also be set at a level that will recover any
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additional costs associated with applications under this section which shall be sufficient to recover the full cost of adjudicating the application, including the cost of taking and processing biometrics, performing national security and criminal checks, including adjudication; the cost of expenses relating to prevention and investigation of fraud; and the costs related to the administration of the fee collected. (B) SECRETARY AUTHORITY TO LIMIT FEES. The Secretary shall have the sole and unreviewable discretion to provide, through the rulemaking described in section 208 of this title, a maximum processing fee payable under this paragraph by a family (spouses and unmarried children under 21 years of age) and a fee exemption based on eligibility criteria he or she establishes. (C) PENALTIES.An alien 21 years of age or older filing an initial application for the first extension of the initial period of Lawful Prospective Immigrant status shall be required to pay a penalty of $250 in addition to the processing fee in subparagraph (A) of this paragraph. (D) DEPOSIT AND SPENDING OF FEES. The processing fee described in subparagraph (A) of this paragraph shall be deposited as an offsetting collection in the appropriate account of the Department of Homeland Security and shall remain available until expended. (E) DEPOSIT, ALLOCATION, AND SPENDING OF PENALTIES.The penalty described in subparagraph (C) of this paragraph shall initially be deposited and remain available as provided by section 201(c)(5) of this title. (5) Immigration Reform Penalty Account. (A) In General. There is established in the Treasury a separate account, which shall be known as the Immigration Reform Penalty Account. Notwithstanding any other section of the Comprehensive Immigration Reform
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Act of 2013, there shall be deposited into the account all civil penalties collected pursuant to section 201(c)(4)(C) and section 202(c)(4)(B) of this Act. (B) Use of Funds.Funds deposited into the Immigration Reform Penalty Account shall remain available to the Secretary of Homeland Security until expended solely for the following purposes and in the following manner: (i) for deposit into the general fund of the Treasury as repayment of funds transferred into the Department of Homeland Security Legalization Program Account under subsection (a)(2) of this section and the Department of State Immigration Reform Implementation Account under subsection (b)(2) of this section; (ii) after the amounts needed to reimburse the Treasury under subparagraph (A) of this paragraph have been deposited into the general fund of the Treasury, as follows (I) one third to the Secretary of Homeland Security to carry out investigation and prevention of fraud in (aa) the lawful prospective immigration and adjustment of status
programs established under title II of this Act; and
(bb) the employment verification programs established under title I of this Act; (II) one third to the Secretary of Homeland Security for immigrant integration programs, including English-language and U.S. civics instruction, and the grant program established pursuant to section 215 of this title; and (III) one third to the Secretary of Homeland Security, to be spent as follows (aa) one half to carry out immigration services; and
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(bb) one half to carry out immigration enforcement. (B) Construction.Nothing in this section shall be construed to modify or limit any authority to collect and use immigration fees as provided by this Act, section 286 of the Immigration and Nationality Act (8 U.S.C. 1356) or any other law. (6) INTERVIEW.The Secretary may, in his or her discretion, interview an applicant for Lawful Prospective Immigrant status to determine eligibility for such status. (7) DENIAL OF APPLICATION FILED BY ALIEN. (A) An alien who fails to satisfy the eligibility requirements for status as a Lawful Prospective Immigrant, or extension of such status, shall have his or her application for such status or extension denied, and any subsequent applications filed by the alien for Lawful Prospective Immigrant status shall be denied. (B) The Secretary shall deny the application of an alien who fails to submit requested initial evidence, including requested biometric data, or any requested additional evidence by the date required by the Secretary. (C) An alien whose application for status under this section was denied under clause (B) of this subparagraph or, upon a showing of changed circumstances or previously unavailable evidence, clause (A) of this paragraph is not precluded from filing a new application, including the payment of all required fees and penalties, provided that the new application is filed within the period allowed under paragraph (1)(B) of this subsection. (8) EVIDENCE OF LAWFUL PROSPECTIVE IMMIGRANT STATUS.
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(A) IN GENERAL.Documentary evidence of status as a Lawful Prospective Immigrant, or of an extension of such status, shall be issued to each alien whose application for such status has been approved. (B) FEATURES OF DOCUMENTATION.Documentary evidence of status as a Lawful Prospective Immigrant (i) shall be machine-readable and tamper-resistant, and shall contain a digitized photograph; (ii) shall, during the alien's authorized period of admission under subsection (e)(3) of this section and any extension of such authorized period of admission under subsection (e)(4) of this section, serve as a valid travel and entry document for the purpose of applying for admission to the United States; (iii) may be accepted during the period of its validity by an employer as evidence of employment authorization and identity under section 274A(b)(1)(B) of the Act; (iv) shall be issued to a Lawful Prospective Immigrant by the Secretary of Homeland Security after admission as a Lawful Prospective Immigrant; and (v) shall include such other features and information as the Secretary determines. (C) An alien admitted to the U.S. as a Lawful Prospective Immigrant, pursuant to issuance of an LPI visa may use his or her valid passport, visa, and admission stamp as evidence of his or her status until such status expires or is revoked. (9) DACA RECIPIENTS. In the case of applicants for Lawful Prospective Immigrant status who have already been granted Deferred Action for Childhood Arrivals
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(DACA) pursuant to the Secretarys memorandum of June 15, 2012, the Secretary may adopt procedural efficiencies that avoid the need to re-adjudicate any eligibility requirements for Lawful Prospective Immigrant status that have already been determined to have been satisfied during the DACA adjudication and that the Secretary has found not to have been affected by intervening events. (10) PRE-APPLICATION REGISTRATION. (A) IN GENERAL. The Secretary may, in his or her discretion, permit pre-application registration by prospective applicants for Lawful Prospective Immigrant status before the period during which applications may be accepted under this subsection in order to improve the efficient processing of applications during such period. If the Secretary elects to permit such pre-application registration, the Secretary shall also have the discretion to authorize, under such conditions as the Secretary in his or her discretion shall prescribe, the employment of the registrant starting at such time on or after such registration as the Secretary in his or her discretion shall specify. (B) BACKGROUND CHECKS. The Secretary may to the extent he or she deems appropriate perform the security and background checks described in paragraph (3)(B) on prospective applicants participating in pre-application registration. (C) REGULATIONS.The requirements of chapter 5 of title 5, United States Code (commonly referred to as the Administrative Procedure Act) or any other law relating to rulemaking, information collection or publication in the Federal Register, shall not apply to any action to implement pre-application registration. (D) FEES.The Secretary may collect a processing fee from an individual participating in the pre-application registration program. Such fee may be set at a level sufficient to recover all costs of the pre-application registration program, and shall be deposited and used as provided in section
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286(m) and (n) of the Immigration and Nationality Act (8 U.S.C. 1356(m) and (n)). The Secretary may reduce the amount of any processing fee otherwise payable for an application for Lawful Prospective Immigrant status filed by an individual who has paid any processing fee for the pre-application registration program by the amount of any reduction in the cost of application processing attributable to participation in the pre-application registration program. (E) CONFIDENTIALITY.The provisions of section 204 of this title shall apply to any information furnished to the Secretary for purposes of preapplication registration. (d) SPOUSES AND CHILDREN OF LAWFUL PROSPECTIVE IMMIGRANTS. (1) IN GENERAL.The Secretary of Homeland Security may approve a petition to classify an alien as a Lawful Prospective Immigrant, and such alien may then apply for an LPI visa under paragraph (2), or a change to Lawful Prospective Immigrant Status under paragraph 6, if (A) the alien is the spouse, as defined in section 101(a)(35) of the Act, of a Lawful Prospective Immigrant, or is the child, as defined in section 101(b)(1) of the Act, of a Lawful Prospective Immigrant; (B) the spouse or child meets the eligibility requirements under subsection (b) (other than the physical presence requirements under subsection (b)(1)(C) and the requirements in subsection (b)(2)(A)(iii)(III)), except that section 212(a)(7) of the Act shall apply; and (C) the Lawful Prospective Immigrant files a petition in the United States for status as a Lawful Prospective Immigrant on behalf of the spouse or child. (2) CREATION OF LPI VISAS FOR SPOUSES AND CHILDREN OF LPIs. Section 221(a)(1) of the Act is amended by deleting the word and before subparagraph (B), and by inserting, before the period at the end of subparagraph (B), ; and (C) an LPI visa to an alien who meets all the requirements for Lawful Prospective Immigrant status
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under section 201(d) of the Comprehensive Immigration Act of 2013 and who has made proper application therefor. Such LPI visa shall specify the period during which it is valid and such additional information as the Secretary of State shall provide. (3) APPLICATION PROCEDURE FOR AN LPI VISA The Secretary of State shall prescribe, by interim final rule published in the Federal Register, the procedures for an alien overseas to apply for an LPI visa under this subsection. Notwithstanding any other provision of law, a consular officer may collect biometric and biographic data from, conduct national security and law enforcement background checks on, and interview applicants for visas under that section. (4) APPLICATION FORM FOR AN LPI VISA The Secretary of State shall create an application form that an alien overseas who is the beneficiary of an approved petition for status as a Lawful Prospective Immigrant shall be required to complete in order to apply for an LPI visa under this subsection. (5) NO CREATION OF PRIVATE RIGHT OF ACTION.Nothing in the Comprehensive Immigration Reform Act of 2013 shall be construed to create or authorize a private right of action to challenge a decision of a consular officer to grant or deny an LPI visa under this subsection. (6) RULES TO CHANGE STATUS. The Secretary of Homeland Security shall prescribe, by interim final rule published in the Federal Register, the procedures for an alien who is present in the United States in lawful status, and who is the beneficiary of an approved petition for classification as a Lawful Prospective Immigrant, to change status to that of Lawful Prospective Immigrant. (7) FEES. (a) Notwithstanding any other provision of law, the Secretary of State is authorized to charge a fee for processing applications for LPI visas under this subsection, including but not limited to biometric and biographic data, national security and law enforcement background checks, fraud prevention, and other necessary checks. Fees collected under the authority of this paragraph shall be deposited as an offsetting
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collection to any Department of State appropriation, to recover the costs of providing consular services. Such fees shall remain available for obligation until expended. (b) Notwithstanding any other provision of law, the Secretary of Homeland Security is authorized to charge a fee for processing applications for change to Lawful Prospective Immigrant status under paragraph (6), including for biometric and biographic data, national security and law enforcement background checks, fraud prevention, and other necessary checks. Fees collected under the authority of this paragraph shall be deposited as an offsetting collection to any Department of Homeland Security, to recover the costs of processing such applications. Such fees shall remain available for obligation until expended. (8) REVOCATION OR DENIAL OF STATUS.A petition for classification as a Lawful Prospective Immigrant filed on behalf of a spouse or child described in paragraph (1) of this subsection shall be denied, or an approved petition for classification as a Lawful Prospective Immigrant for such spouse or child shall be revoked, if the alien who filed the petition on behalf of the spouse or child was not eligible for Lawful Prospective Immigrant status at the time the alien filed an application under section 201(a) of this title or the Lawful Prospective Immigrant status of such alien has been revoked. An approved petition for classification as a Lawful Prospective Immigrant for such spouse or child shall be revoked, and any visa granted to such spouse or child shall be revoked if, before such spouse or child has been admitted to the United States as a Lawful Prospective Immigrant, the Secretary determines that the alien who filed the petition on behalf of the spouse or child was not eligible for Lawful Prospective Immigrant status at the time the alien filed an application under section 201(a) of this title or the Lawful Prospective Immigrant status of such alien has been revoked. (e) TERMS AND CONDITIONS OF LAWFUL PROSPECTIVE IMMIGRANT STATUS. (1) BENEFITS PENDING ADJUDICATION OF APPLICATION.
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(A) IN GENERAL.Until a final decision on the application for Lawful Prospective Immigrant status, an alien in the United States who files an application under this section for Lawful Prospective Immigrant status (i) may in the Secretary's discretion receive advance parole to reenter the United States, but only when urgent humanitarian circumstances compel such travel; (ii) shall not be considered unlawfully present in the United States for purposes of section 212(a)(9) of the Act; and (iii) may not be detained by the Secretary or removed from the United States, unless the Secretary determines in his or her discretion that such alien is or has become ineligible for Lawful Prospective Immigrant status under section (b)(1). (B) EVIDENCE OF APPLICATION FILING. A document shall be issued by the Secretary showing receipt of an application for Lawful Prospective Immigrant status. (C) CONTINUING EMPLOYMENT.An employer who knows that an alien employee is an applicant for Lawful Prospective Immigrant status is not in violation of section 274A(a)(2) of the Act if the employer employs or continues to employ the alien pending adjudication of the application. (D) APPLICABILITY OF OTHER PROVISIONS.Section 101(g) of the Act shall not apply to an alien granted advance permission under subparagraph (A)(ii) of this paragraph to re-enter the United States. (2) BENEFITS OF LAWFUL PROSPECTIVE IMMIGRANT STATUS. (A) EMPLOYMENT.Notwithstanding any other provision of law, including section 241(a)(7) of the Act, Lawful Prospective Immigrants shall be
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granted employment authorization incident to their Lawful Prospective Immigrant status. (B) TRAVEL OUTSIDE THE UNITED STATES. (i) IN GENERAL.A Lawful Prospective Immigrant may travel outside of the United States and may be admitted (if otherwise admissible) upon return to the United States without having to obtain a visa if (I) the alien is the bearer of valid, unexpired documentary evidence of Lawful Prospective Immigrant status that satisfies the conditions set forth in subsection (c)(8) of this section, or a travel document duly approved by the Secretary of Homeland Security to be issued to a Lawful Prospective Immigrant whose original documentary evidence has been lost, stolen, or destroyed; (II) the aliens absence from the United States was not for a period exceeding six months; and (III) the alien is not subject to the bars on extension described in paragraph (4)(C) of this subsection. (ii) CERTAIN RETURNING LPIs.Section 101(a)(27)(A) of the Act is amended to add or as a Lawful Prospective Immigrant after lawfully admitted for permanent residence, (iii) ADMISSIBILITY.On seeking readmission to the United States after travel outside the United States, a Lawful Prospective Immigrant shall establish that he or she is not inadmissible in accordance with section 235 of the Act, except as provided by subsection (b)(3) of this section. (iv) EFFECT ON PERIOD OF AUTHORIZED ADMISSION. Time spent outside the United States under clause (i) of this subparagraph
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shall not extend the most recent period of authorized admission in the United States under paragraph (3) of this subsection. (C) PROTECTION FROM DETENTION OR REMOVAL.A Lawful Prospective Immigrant may not be detained by the Secretary or removed from the United States. (i) Subparagraph (C) shall not apply if the Secretary determines in his or her discretion that such alien (I) is or has become ineligible for Lawful Prospective Immigrant status under subsection (b)(1) of this section; or (II) no longer has Lawful Prospective Immigrant status because it has been revoked under paragraph (6) of this subsection; (ii) Nothing in this section shall prevent the Secretary from detaining a Lawful Prospective Immigrant on the basis of probable cause that the alien is a person described in clause (i) of this subparagraph. Thereafter, detention is authorized in accordance with the provisions of the Act governing the removal process. (D) ADMISSION.An alien granted status as a Lawful Prospective Immigrant shall be considered to have been admitted in Lawful Prospective Immigrant status as of the date of approval of the aliens application or (in the case of an alien outside the United States described in subsection (d)) on the date such alien is admitted to the United States, whichever is later. An alien in Lawful Prospective Immigrant status is lawfully admitted, but is not a nonimmigrant or an alien who has been lawfully admitted for permanent residence. (3) INITIAL PERIOD OF AUTHORIZED ADMISSION. Except as provided under paragraph (4) of this subsection, the initial period of authorized admission for a Lawful Prospective Immigrant shall be 4 years from the date on which an individual is granted Lawful Prospective Immigrant status.
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(4) EXTENSION. (A) IN GENERAL.The Secretary may extend a Lawful Prospective Immigrants period of lawful admission beyond the initial period described in paragraph (3) of this subsection only where the Lawful Prospective Immigrant has filed, in the United States, a timely application for extension. (B) ELIGIBILITY. In order to be eligible for an extension of the period of authorized admission under this paragraph, an alien must demonstrate continuing eligibility for status as a Lawful Prospective Immigrant and must not be subject to the bar to extension in subparagraph (C) of this paragraph. (C) BAR TO EXTENSION.A Lawful Prospective Immigrant shall not be eligible to extend such status if it has been revoked. (D) SECURITY AND LAW ENFORCEMENT BACKGROUND CHECKS.An alien applying for extension of status as a Lawful Prospective Immigrant shall be required to submit to renewed national security and law enforcement background checks that shall be completed to the satisfaction of the Secretary of Homeland Security before such extension may be granted. (E) DENIAL OF APPLICATION FOR EXTENSION.A denial of an application for extension of status as a Lawful Prospective Immigrant shall be considered a revocation of such status for purposes of this title. (5) REGISTRATION REQUIREMENT.Part VII of the Act (relating to registration of aliens) shall apply to Lawful Prospective Immigrants, except that the Secretary may in his or her discretion excuse noncompliance with the requirement under section 265 of the Act to file notice of change of address. An alien whose failure to timely file such notice of an address change has been excused by the Secretary shall not be subject to the penalty under section 266(b) of the Act for that failure. (6) REVOCATION.
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(A) IN GENERAL.At any time after an alien has been granted Lawful Prospective Immigrant status but has not yet adjusted from such status to that of an alien lawfully admitted for permanent residence under section 202 of this title, the Secretary may revoke the alien's status following appropriate notice to the alien and exhaustion or waiver of all applicable administrative review procedures under section 203 of this title, if (i) the alien is or has become ineligible for such status under subsection (b)(1) of this section; (ii) the alien is the subject of an order of removal, deportation, or exclusion that became administratively final after the granting of Lawful Prospective Immigrant; (iii) the alien knowingly used documentation issued under this section for unlawful or fraudulent purposes; or (iv) the alien is or was absent from the United States without complying with the requirements of subsection (e)(2)(B) since the grant of Lawful Prospective Immigrant status. (B) ADDITIONAL EVIDENCE.In considering revocation, the Secretary may require the alien to submit additional evidence or to appear for an interview. A failure to comply with such requirements will result in revocation unless the Secretary in his or her sole and unreviewable discretion waives such failure. (C) INVALIDATION OF DOCUMENTATION.Any documentation that is issued by the Secretary of Homeland Security under subsection (c)(8) of this section to any alien shall automatically be rendered invalid for any purpose except departure, if the aliens status as a Lawful Prospective Immigrant is revoked under subparagraph (A) of this paragraph. (7) CONSTRUCTION.Nothing in this Act shall be construed to
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(A) require the Secretary to revoke status as a Lawful Prospective Immigrant before commencing removal proceedings with respect to an alien described in subsection (a) of this section who has been granted such status, or in any way prohibit the initiation of such proceedings against a Lawful Prospective Immigrant where such proceedings are authorized under this Act; or (B) authorize the Attorney General to adjudicate or grant any application for status as a Lawful Prospective Immigrant, to receive or consider an appeal from a denial or revocation of Lawful Prospective Immigrant status, or to adjust the status of any Lawful Prospective Immigrant to an alien lawfully admitted for permanent residence under section 202 of this Act, unless the Secretary has delegated such authority to the Attorney General in appropriate cases pursuant to section 103(a)(6) of the Act. (f) DISSEMINATION OF INFORMATION ON LAWFUL PROSPECTIVE IMMIGRANT PROGRAM.After the enactment of this Act, the Secretary, in cooperation with entities approved by the Secretary, and in accordance with a plan adopted by the Secretary in the Secretarys discretion, shall broadly disseminate information regarding Lawful Prospective Immigrant status, the rights and benefits that flow from such status, and the requirements to be satisfied to obtain this status.. (g) SECRETARYS DISCRETION. Notwithstanding any other provision of this Subtitle, the Secretary may deny an application for status as a Lawful Prospective Immigrant under this section for any valid reason, in the Secretarys sole and unreviewable discretion. (h) TREATMENT OF LAWFUL PROSPECTIVE IMMIGRANTS FOR CERTAIN PURPOSES. (a) IN GENERAL. An individual granted Lawful Prospective Immigrant status under this title shall, while such individual remains in such status, be considered lawfully present for all purposes except
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(1) section 36B of the Internal Revenue Code of 1986 (concerning premium tax credits), as added by section 1401 of the Patient Protection and Affordable Care Act (Public Law 111 148); and (2) section 1402 of the Patient Protection and Affordable Care Act (concerning reduced cost sharing; 42 U.S.C. 18071). SEC. 202. ADJUSTMENT OF STATUS FOR LAWFUL PROSPECTIVE IMMIGRANTS. (a) IN GENERAL.Notwithstanding any other provision of law, including section 244(h) of the Act, the Secretary may adjust the status of a Lawful Prospective Immigrant to that of an alien lawfully admitted for permanent residence if the Lawful Prospective Immigrant satisfies the eligibility requirements under this section. (b) ELIGIBILITY REQUIREMENTS. (1) LAWFUL PROSPECTIVE IMMIGRANT STATUS. (A) IN GENERAL.The alien must have been granted Lawful Prospective Immigrant status and must continue to satisfy the eligibility requirements for such status under section 201(b) of this title (B) MAINTENANCE OF WAIVERS OF ADMISSIBILITY. (i) IN GENERAL.The grounds of inadmissibility under section 212(a) of the Act that are made inapplicable or previously waived for the alien under section 201(b)(3) of this title shall also be considered inapplicable for purposes of the aliens adjustment pursuant to this section. (ii) EXCEPTION FOR POST-FILING CONDUCT.No waiver previously granted shall apply to any inadmissibility under section 201(b)(1)(B) of this title arising out of conduct occurring after the date on which the application for Lawful Prospective Immigrant status was filed.
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(C) PENDING REVOCATION PROCEEDINGS.If the Secretary has sent the applicant a notice of intent to revoke the applicants Lawful Prospective Immigrant status under section 201(e)(6)(A)(i) of this title, an application for adjustment under this section may not be approved until the Secretary has made a final determination on whether to revoke the applicants status. (2) BASIC CITIZENSHIP SKILLS. (A) IN GENERAL.Except as provided under subparagraph (C) of this paragraph, a Lawful Prospective Immigrant who is 14 years of age or older shall establish that he or she (i) meets the requirements under section 312 of the Act; or (ii) is satisfactorily pursuing a course of study, pursuant to standards established by the Secretary of Education, in consultation with the Secretary of Homeland Security, to achieve such an understanding of English and knowledge and understanding of the history and Government of the United States. (B) RELATION TO NATURALIZATION EXAMINATION.A Lawful Prospective Immigrant who demonstrates that he or she meets the requirements under section 312 of the Act may be considered to have satisfied the requirements of that section for purposes of becoming naturalized as a citizen of the United States under title III of the Act. (C) EXCEPTIONS. (i) MANDATORY.Subparagraph (A) of this paragraph 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 Act.
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(ii) DISCRETIONARY.The Secretary may waive all or part of subparagraph (A) of this paragraph for a Lawful Prospective Immigrant who is at least 65 years of age on the date on which an application is filed for adjustment of status under this section. (3) PAYMENT OF TAXES. (A) IN GENERAL.Not later than the date on which the application for adjustment of status under this section is filed, the applicant shall satisfy any applicable Federal tax liability. (B) APPLICABLE FEDERAL TAX LIABILITY.For purposes of subparagraph (A) of this paragraph, the term applicable Federal tax liability means federal income taxes owed for the period following the adjustment of status referenced in Section 201(a) as well as any other assessed federal tax liability . The applicant may demonstrate compliance with the requirement under this paragraph by submitting documentation, in accordance with regulations promulgated by the Secretary in consultation with the Secretary of the Treasury. (4) CONTINUOUS PHYSICAL PRESENCE.The alien shall establish that the alien did not have a single absence from the United States of more than six months during the period of admission as a Lawful Prospective Immigrant, except as provided by section 201(e)(2)(B)(ii) of this Act . . (5) MILITARY SELECTIVE SERVICE.The alien shall establish that the alien
has registered under the Military Selective Service Act (50 U.S.C. App. 451 et seq.), if the alien is subject to such registration under that Act. (c) APPLICATION PROCEDURES. (1) IN GENERAL.In accordance with the procedures described in section 208 of this title, the Secretary of Homeland Security shall prescribe by regulation the
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procedures for an alien in the United States to apply for adjustment of status under this section and the evidence required to demonstrate eligibility for such adjustment. (2) FILING OF APPLICATIONS BY LAWFUL PROSPECTIVE IMMIGRANTS. (A) BACK OF THE LINE.An alien may not adjust status to that of an alien lawfully admitted for permanent residence under this section until the earlier of (i) 30 days after an immigrant visa has become available for all approved petitions filed under sections 201 and 203 of this title that were filed before the date of enactment of this Act; or (ii) 8 years after the date of enactment of this Act. (B) ACCEPTANCE OF APPLICATIONS.No application to adjust status under section 202(c)(2)(A) may be filed before the date that is 6 years after the initial grant of Lawful Prospective Immigrant status, regardless of whether such date is after the date on which, pursuant to subparagraph (A) of this paragraph, an alien may adjust status under this section. (3) SPECIAL RULE FOR CHILD ENTRANTS (A) Notwithstanding section 202(c)(2), the Secretary shall adjust the status of a Lawful Prospective Immigrant described in this paragraph (who had not yet reached the age of 35 on the date of the enactment of this Act) to that of an alien lawfully admitted for permanent residence if the Secretary determines that the alien: (i) had not yet reached the age of 16 years at the time of initial entry; (ii) at the time of application to LPI status had
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(I) been enrolled in or graduated from an institution of higher education in the United States, or (II) had earned a high school diploma or obtained a general education development certificate in the United States; and (iii) at the time of applying to adjust status to that of an alien lawfully admitted for permanent residence, had (I) acquired a degree from an institution of higher education in the United States or completed at least 2 years, in good standing, in a program for a bachelor's degree or higher degree in the United States; or (II) served in the uniformed services for at least 2 years and, if discharged, has received an honorable discharge. (B) SPOUSES AND CHILDREN OF CHILD ENTRANTS. -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 paragraphs (3) if such alien includes the spouse or minor child in an application for adjustment of status to that of a lawful permanent resident. (4) FEES AND PENALTIES. (A) PROCESSING FEES. (i) IN GENERAL. The Secretary shall impose a processing fee for providing adjudication services that may be set at a level that will ensure recovery of the full costs of providing all such services. Such fees shall also be set at a level that will recover any additional costs associated with applications for adjustment filed under this section which shall be sufficient to recover the full cost of adjudicating the application, including the cost of taking and processing biometrics, including adjudication; the
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cost of expenses relating to prevention and investigation of fraud; and the costs related to the administration of the fees collected. (ii) SECRETARY AUTHORITY TO LIMIT FEES. The Secretary shall have the sole and unreviewable discretion to provide, through the rulemaking described in section 208 of this title, a maximum processing fee payable under this paragraph by a family (spouses and unmarried children under 21 years of age) and a fee exemption based on eligibility criteria he or she establishes. (B) PENALTIES.An alien who was 21 years of age or over on the date of the introduction of Comprehensive Immigration Reform Act of 2013 who is filing an application for adjustment of status under this section shall pay a $500 penalty to the Secretary, in addition to the processing fee required under subparagraph (A) of this paragraph. (C) DEPOSIT AND SPENDING OF FEES.Fees collected under subparagraph (A) of this paragraph shall be deposited into the Immigration Examinations Fee Account and shall remain available as provided under sections 286(m) and 286(n) of the Act. (D) DEPOSIT, ALLOCATION, AND SPENDING OF PENALTIES. Penalties collected under subparagraph (C) of this paragraph shall be initially deposited and remain available as provided under section 201(c)(5) of this title. (6) INTERVIEW.The Secretary may, in his or her discretion, interview an applicant for adjustment under this section to determine eligibility for such adjustment. (7) SECURITY AND LAW ENFORCEMENT BACKGROUND CHECKS.An alien applying for adjustment under this section shall be required to submit to a renewed national security and law enforcement background check that must be completed to the satisfaction of the Secretary before such adjustment may be granted.
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(d) SECRETARYS DISCRETION. Notwithstanding any other provision of this Subtitle, the Secretary may deny an application for adjustment of status under this section, in the Secretarys sole and unreviewable discretion. (e) 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. 203. ADMINISTRATIVE AND JUDICIAL REVIEW OF DECISIONS RESPECTING LAWFUL PROSPECTIVE IMMIGRANT STATUS AND ADJUSTMENT OF STATUS FOR LAWFUL PROSPECTIVE IMMIGRANTS. (a) ADMINISTRATIVE REVIEW. (1) EXCLUSIVE REVIEW.Administrative review of a determination respecting an application for status or extension of status, or revocation of status, as a Lawful Prospective Immigrant under section 201 of this title, or respecting an application for adjustment of status under section 202 of this title, or respecting a petition filed by a Lawful Prospective Immigrant under section 201 of this title on behalf of a spouse or child of such alien shall be conducted solely as provided in this subsection. (2) ADMINISTRATIVE APPELLATE REVIEW. (A) DESIGNATION OF ADMINISTRATIVE APPELLATE AUTHORITY.The Secretary shall designate an appellate authority to provide for a single level of administrative appellate review of a determination respecting an application for status or extension of status, or revocation of status, as a Lawful Prospective Immigrant under section 201 of this title, or respecting an application for adjustment of status under section 202 of this title, or respecting a petition filed by a Lawful Prospective Immigrant under section 201 of this title on behalf
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of a spouse or child of such alien. Any such application is not renewable or reviewable in any proceeding before the Attorney General. (B) SINGLE APPEAL. (i) LAWFUL PROSPECTIVE IMMIGRANT.An alien in the United States whose application for status as a Lawful Prospective Immigrant under section 201(b) of this title has been denied, whose status as a Lawful Prospective Immigrant has been revoked, or whose petition to classify a spouse or child of such alien as a Lawful Prospective Immigrant has been denied or revoked, may file with the Secretary not more than one appeal of each administrative decision to deny or revoke. (ii) ADJUSTMENT OF STATUS.An alien in Lawful Prospective Immigrant status whose application under section 202 of this title for adjustment of status to that of an alien lawfully admitted for permanent residence has been denied may file with the Secretary not more than one appeal of each such denial.. (iii) NOTICE OF APPEAL.A notice of appeal for each administrative decision filed under this subsection must be filed not later than 60 calendar days after the date on which the decision to deny or revoke was served on the alien, unless the Secretary determines in his or her sole and unreviewable discretion that the delay was reasonably justifiable. (C) SECRETARIAL REVIEW.Nothing in this subsection shall be construed to limit the authority of the Secretary, in the Secretarys sole and unreviewable discretion, to certify appeals to himself or herself for review and final administrative decision. (D) FINAL ADMINISTRATIVE DETERMINATION. An administrative decision respecting an application for status or extension of status,
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or revocation of status, as a Lawful Prospective Immigrant under section 201 of this title, or respecting an application for adjustment of status under section 202 of this title, or respecting a petition filed by a Lawful Prospective Immigrant under section 201 of this title on behalf of a spouse or child of such alien is final if: (i) the administrative appellate authority designated under subsection (a)(2)(A) upholds an initial administrative determination under this title; or (ii) 60 calendar days have passed from the date on which such administrative decision is served on the alien and the alien has not filed a notice of appeal under subsection (a)(2)(b)(iii). (E) STAY OF REMOVAL.Aliens seeking administrative review under this section shall not be removed from the United States until a final administrative determination of the appeal is rendered, unless such removal is based on criminal or national security grounds, in which event a stay of removal may be granted in the sole and unreviewable discretion of the Secretary. (F) UNLAWFUL PRESENCE. During the period in which an alien may request administrative review under this subsection, and during the period that any such review is pending, the alien shall not be considered unlawfully present in the United States for purposes of section 212(a)(9) of the Act. (3) RECORD FOR REVIEW.Administrative appellate review referred to in paragraph (2) of this subsection shall be based solely upon the administrative record established at the time of the initial determination and upon any additional newly discovered or previously unavailable evidence as the administrative appellate review authority may in its discretion decide to consider. (4) LIMITATION ON MOTIONS TO REOPEN AND RECONSIDER.
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(A) NO MOTION TO REOPEN OR RECONSIDER INITIAL DECISION.An alien may not file a motion to reopen or reconsider an initial administrative decision under this title (B) ONE MOTION TO REOPEN OR RECONSIDER APPELLATE DECISION.An alien may not file more than one motion to reopen or to reconsider a final decision of the administrative appellate body designated under this section. Such motions must be filed not later than 60 days after the date on which the administrative appellate decision is served on the alien. The Secretary's decision whether to consider any such motion is committed to the Secretary's sole and unreviewable discretion. (b) JUDICIAL REVIEW. (1) Section 242 of the Immigration and Nationality Act is amended by adding the following new subsection (h): (h) JUDICIAL REVIEW OF DETERMINATIONS UNDER TITLE II OF THE COMPREHENSIVE IMMIGRATION REFORM ACT of 2013.
(1) JUDICIAL REVIEW OF FINAL ADMINISTRATIVE DETERMINATIONS UNDER TITLE II OF THE COMPREHENSIVE IMMIGRATION REFORM
ACT.
An alien whose application or petition under title II of the Comprehensive Immigration Reform Act of 2013 was denied or whose approved application, approved petition, or status under such title was revoked, and who has exhausted the administrative appellate remedy provided by such title, may obtain review of such decision, 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. During the pendency of such an action (including any period during which the action is pending in the court of appeals because of consolidation under paragraph (2)), (A) the alien shall not be deemed to accrue unlawful presence for purposes of section 212(a)(9) of the Act; 34
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(B) the court shall have the discretion to stay execution of any order of exclusion, deportation, or removal; and (C) any unexpired grant of voluntary departure under section 240B of the Act shall be tolled. (2) If any action under paragraph (1) is pending in the district court at the same time that a petition for review filed by the alien under paragraph (a)(1) is pending in the court of appeals, the two actions shall be consolidated in the court of appeals.
(3) STANDARD FOR JUDICIAL REVIEW. Judicial review of a final administrative decision under this section shall be based upon the administrative record established at the time of the review, but the court may remand the case to the Secretary for consideration of additional evidence where the court finds that the evidence is material and there were reasonable grounds for failure to adduce the evidence before the Secretary. Notwithstanding any other provision of law, judicial review of all questions arising under this section shall be governed by the standard of review set forth in section 706 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 Act that is arbitrary, capricious, or otherwise contrary to law, and may order any appropriate relief. The district courts may order any appropriate relief in accordance with the preceding sentence without regard to exhaustion, ripeness, or other standing requirements (other than constitutionally-mandated requirements), if the court determines that resolution of such cause or claim will serve judicial and administrative efficiency or that a remedy would otherwise not be reasonably available or practicable. (5) NO REVIEW FOR LATE FILINGS. No court shall have jurisdiction to review the denial of any application that was filed after the
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expiration of the period established by section 201(c)(1)(B) of the Comprehensive Immigration Reform Act of 2013. (6) CHALLENGES TO VALIDITY OF THE SYSTEM ESTABLISHED BY TITLE II OF THE COMPREHENSIVE IMMIGRATION REFORM ACT OF 2013. (A) IN GENERAL.Any claim that title II of the Comprehensive Immigration Reform Act of 2013, or any regulation, guideline, directive, or procedure issued to implement that title, violates the Constitution of the United States or is otherwise in violation of law is available exclusively in an action instituted in the United States District Court for the District of Columbia in accordance with the procedures prescribed in this paragraph. Any such claim with respect to the Act must be filed within 2 years of enactment of this Act, and any such claim with respect to any regulation, guideline, directive, or procedure issued to implement title II must be filed within 2 years of its issuance. (B) CLASS ACTIONS.Any claim described in subparagraph (A) that is brought as a class action shall be brought in conformity with the Federal Rules of Civil Procedure. (C) EXHAUSTION AND STAY OF PROCEEDINGS. No claim brought under this paragraph shall require the plaintiff to exhaust administrative remedies under section 203 of this title, but, subject to paragraph (6), nothing shall prevent the court, in its discretion, from staying proceedings under this paragraph to permit the Secretary to evaluate an allegation challenging a policy or practice or to take corrective action. In deciding whether to issue such a stay, the court shall take into account any harm the stay may cause to the claimant and to the government. This subsection
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conveys no authority to stay proceedings initiated under any other section of the Act. (7) CONSTITUTIONAL CLAIMS AND QUESTIONS OF LAW. Nothing in this chapter which limits or eliminates judicial review shall be construed as precluding review of constitutional claims or questions of law raised upon an action for review filed in accordance with this section. (c) JUDICIAL REVIEW OF DISCRETIONARY DETERMINATIONS.The limitations on judicial review of certain decisions or actions of the Attorney General or the Secretary of Homeland Security set forth in section 242(a)(2)(B)(ii) of the Act shall also apply to any such decision or action the authority for which is specified under title II of the Comprehensive Immigration Reform Act of 2013 to be in the discretion of the Attorney General or the Secretary of Homeland Security. (d) Section 242(a)(2)(B) of the Act is hereby amended by inserting, after no court shall have jurisdiction to review, the phrase the exercise of discretion arising under. (e) Section 242(a)(2)(D) of the Act is hereby amended by deleting raised upon a petition for review filed with an appropriate court of appeals in accordance with this section. SEC. 204. CONFIDENTIALITY OF INFORMATION. (a) IN GENERAL.Except as otherwise provided in this section and in section 207 of this title, no Federal agency or bureau, or any officer or employee of such agency or bureau, may, without the written consent of the applicant (1) use the information furnished by the applicant pursuant to an application filed under sections 201 or 202 of this title, for any purpose, other than to make a determination on the applications filed by an applicant or dependent under this Act, or on any other applications seeking an immigration benefit, including revocation of an application previously approved, to identify or prevent fraudulent claims, or to adjudicate a future application or petition filed by the applicant;
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(2) make any publication through which the information furnished by any particular applicant can be identified; or (3) permit anyone other than the sworn officers, employees or contractors of such agency or bureau, to examine individual applications that have been filed. (b) REQUIRED AND AUTHORIZED DISCLOSURES. Notwithstanding paragraph (a), above: (1) Subject to other applicable law, the Secretary of State may share visa records as provided for under section 222(f) of the Act; (2) The Secretary shall provide the information furnished pursuant to an application filed under sections 201 and 202 of this title, and any other information derived from such furnished information, to a duly recognized law enforcement entity, intelligence agency, national security agency, component of the Department of Homeland Security, the Department of State, court, or grand jury in connection with a criminal investigation or prosecution, a background check conducted pursuant to the Brady Handgun Violence Protection Act, or a national security investigation or prosecution when such information is requested in writing by such entity. (c) CRIMINAL PENALTY. Any person who knowingly uses, publishes, or permits information to be examined in violation of this subsection shall be fined not more than $10,000. (d) FRAUD IN APPLICATION PROCESS.Notwithstanding any other provision of this section, when an application for Lawful Prospective Immigrant status has been denied based on a substantiation of fraud, information on such applications may be used by or released to appropriate law enforcement authorities. (e) Penalties for False Statements in Applications`(1) CRIMINAL PENALTY`(A) VIOLATION. It shall be unlawful for any person to
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`(i) file or assist in filing an application for adjustment of status under this section and knowingly and willfully falsify, conceal, or cover up a material fact or make any false, fictitious, or fraudulent statements or representations, or make or use any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry; or `(ii) create or supply a false writing or document for use in making such an application. `(B) PENALTY. Any person who violates subparagraph (A) shall be fined in accordance with title 18, United States Code, or imprisoned not more than 5 years, or both. SEC. 205. ALIENS NOT SUBJECT TO DIRECT NUMERICAL LIMITATIONS. Section 201(b)(1) of the Act (8 U.S.C. 1151(b)(1)), is amended by adding at the end the following: (J) Aliens whose status is adjusted from that of a Lawful Prospective Immigrant under section 202 of the Comprehensive Immigration Reform Act of 2013.. SEC. 206. EMPLOYER PROTECTIONS. (a) USE OF EMPLOYMENT RECORDS.Copies of employment records or other evidence of employment provided by an alien or by an alien's employer in support of an alien's application for Lawful Prospective Immigrant status under section 201 of this title shall not be used in a prosecution or investigation (civil or criminal) of that employer under section 274A of the Act or the tax laws of the United States for the prior unlawful employment of that alien, regardless of the adjudication of such application or reconsideration by the Secretary of such alien's prima facie eligibility determination, and employers that provide unauthorized aliens with copies of employment records or other evidence of employment pursuant to an application for Lawful Prospective Immigrant status shall not be subject to civil and criminal liability pursuant to section 274A of the Act for employing such unauthorized aliens. This section does not apply to employment records submitted by aliens or employers that are deemed to be fraudulent.
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(b) APPLICABILITY OF OTHER LAW.Nothing in this section may be used to shield an employer from liability under section 274B of the Act or any other labor or employment law. SEC. 207. ASSIGNMENT OF SOCIAL SECURITY NUMBER. The Commissioner of the Social Security Administration, in coordination with the Secretary of Homeland Security, shall implement a system to allow for the assignment of a Social Security number and issuance of a Social Security card after the Secretary of Homeland Security has granted an alien status as a Lawful Prospective Immigrant. The Secretary of Homeland Security shall provide to the Commissioner of Social Security information from the application filed under section 201(a) of this title and such other information as the Commissioner of Social Security deems necessary to assign a Social Security account number. The Commissioner of Social Security may use such information to assign such Social Security account numbers and to administer the programs for which the Commissioner of Social Security has responsibility. The Commissioner of Social Security may maintain, use, and disclose such information only as permitted by the Privacy Act and other federal law.
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SUBTITLE B - IMPLEMENTATION SEC. 208. RULEMAKING. (a) IN GENERAL.The Secretary, the Attorney General, and the Secretary of State separately shall issue interim final regulations within 1 year of the date of enactment of this title to implement this title and the amendments made by this title. Such interim final regulations shall become effective immediately upon publication in the Federal Register. (b) EXEMPTION FROM NATIONAL ENVIRONMENTAL POLICY ACT.Any decision by the Secretary concerning any rulemaking action, plan or program described in this section shall not be considered to be a major Federal action subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). SEC. 209. EXEMPTION FROM GOVERNMENT CONTRACTING AND HIRING RULES.
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(a) IN GENERAL.Any Federal agency's determination to use a procurement competition exemption under 41 USC 253(c), or to use the authority granted in paragraph (b) of this subsection, for the purpose of implementing this title is not subject to challenge by protest to either the Government Accountability Office, under 31 U.S.C. 3551-3556, or to the Court of Federal Claims, under 28 U.S.C. 1491. An agency shall immediately advise the Congress of the exercise of the authority granted in this subsection. (b) GOVERNMENT CONTRACTING EXEMPTION.The competition requirement of 41 USC 253(a) may be waived or modified by a Federal agency for any procurement conducted to implement this title pursuant to a determination and finding, approved by the senior procurement executive for the agency conducting the procurement, that explains why the waiver or modification is necessary, provided that such a determination and finding is furnished to [identify Congressional Committees]. (c) HIRING RULES EXEMPTION. (1) Notwithstanding any other provision of law, the Secretary of Homeland Security shall have authority to make term, temporary limited, and part-time appointments for purposes of implementing this title without regard to the number of such employees, their ratio to permanent full-time employees, and the duration of their employment. Nothing in 5 U.S.C., Chapter 71, shall affect the authority of any Department of Homeland Security management official to hire term, temporary limited or part-time employees under this subsection. (2) Section 824(g)(2)(B) of the Foreign Service Act of 1980 (22 U.S.C. 4064(g)(2)(B)) is amended by striking 2009 and inserting 2017. SEC. 210. AUTHORITY TO ACQUIRE LEASEHOLDS. Notwithstanding any other provision of law, the Secretary of Homeland Security may acquire a leasehold interest in real property, and may provide in a lease entered into under this subsection for the construction or modification of any facility on the leased property, if she determines that the acquisition of such interest, and such construction or modification, are necessary in order to facilitate the implementation of this Act.
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SEC. 211. PRIVACY AND CIVIL LIBERTIES. (a) IN GENERAL.Consistent with section 204 of this title, the Secretary shall require appropriate administrative and physical safeguards to protect the security, confidentiality, and integrity of personally identifiable information collected, maintained, and disseminated pursuant to sections 201 and 202 of this title. (b) ASSESSMENTS.Notwithstanding privacy requirements under Section 222 of the Homeland Security Act and the E-Government Act of 2002, the Secretary shall conduct a privacy impact assessment and a civil liberties impact assessment of the legalization program established in sections 201 and 202 of this title during the pendency of the interim final rule. SEC. 212. STATUTORY CONSTRUCTION. Except as specifically provided otherwise, nothing in this title, or any amendment made by this title, shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person.
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SUBTITLE C - MISCELLANEOUS SEC. 213. CORRECTION OF SOCIAL SECURITY RECORDS. (a) IN GENERAL.Section 208(e)(1) of the Social Security Act (42 U.S.C. 408(e)(1)) is amended (1) in subparagraph (B)(ii), by striking or at the end; (2) by inserting after subparagraph (C) the following: (D) who is granted status as a Lawful Prospective Immigrant pursuant to section 201 of the Comprehensive Immigration Reform Act of 2013, or (E) whose status is adjusted to that of lawful permanent resident under section 202 of the Comprehensive Immigration Reform Act of 2013,; and
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(3) by striking 1990 and inserting 1990, or in the case of an alien described in subparagraph (D) or (E), if such conduct is alleged to have occurred before the date on which the alien submitted an application under section 201 of the Comprehensive Immigration Reform Act of 2013 for classification as a Lawful Prospective Immigrant.. (b) EFFECTIVE DATE.The amendments made by subsection (a) shall take effect on the first day of the tenth month that begins after the date of the enactment of the Comprehensive Immigration Reform Act of 2013. SEC. 214. FRAUD PREVENTION PROGRAM. (a) IN GENERAL.The head of each Department responsible for the administration of a program related to this title or with authority to confer an immigration benefit, relief, or status under the immigration laws shall develop an administrative program to prevent fraud within or upon such program or authority. Subject to such modifications as the head of the Department may direct, the program shall provide for (1) fraud prevention training for the relevant administrative adjudicators within the Department; (2) the regular audit of pending and approved applications for examples and patterns of fraud or abuse; (3) the receipt and evaluation of reports of fraud or abuse; (4) the identification of deficiencies in administrative practice or procedure that encourage fraud or abuse; (5) the remedy of any identified deficiencies; and (6) the referral of cases of identified or suspected fraud or other misconduct for investigation. (b) IMPLEMENTATION.Except as the head of the Department shall otherwise provide, the implementation of the administrative program referred to in subsection (a) shall be
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assigned to and made part of the component or agency within the Department that is responsible for conferring the relevant immigration benefit, relief, or status under the immigration laws. (c) COORDINATION.The heads of relevant Departments shall coordinate their respective efforts under this subsection. (d) AUTHORIZATION OF APPROPRIATIONS.There are authorized to be appropriated such sums as may be necessary for this section. SEC. 215. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS. (a)IN GENENRAL. The Secretary may award grants to eligible public or private nonprofit organizations. (b) PURPOSE. The purpose of this section is to establish a grant program within the Bureau of Citizenship and Immigration Services that provides funding to eligible public or private non-profit organizations, to develop and implement programs to assist eligible applicants for programs under this Act by providing them with the services described in subsection (d). (c) ELIGIBLE PUBLIC OR PRIVATE NON-PROFIT ORGANIZATION. The term èligible public or private non-profit' means a nonprofit, tax-exempt organization, including a community, faith-based or other immigrant-serving organization, whose staff has demonstrated qualifications, experience and expertise in providing quality services to immigrants, refugees, persons granted asylum, or persons applying for such statuses. (d) USE OF FUNDS. Grants awarded under this section may be used for the design and implementation of programs to provide: (1) PUBLIC EDUCATION Educate the public, in particular to individuals potentially eligible for Lawful Prospective Immigrant status, as established by section 201 of this title. (2) APPLICATIONS Assistance, within the scope of authorized practice of immigration law, to individuals submitting applications under the programs established by this title. Such assistance may include (A) screening prospective applicants to assess their eligibility for the programs;
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(B) completing applications and petitions, including providing assistance in obtaining the requisite documents and supporting evidence; (C) applying for any waivers for which applicants and qualifying family members may be eligible; and (D) providing any other assistance that the Secretary or grantees consider useful or necessary to apply for the programs.
(3) ADJUSTMENT OF STATUS. Assistance, within the scope of authorized practice of immigration law, to individuals seeking to adjust their status in accordance with section 245 of the Immigration and Nationality Act. (4) CITIZENSHIP. Assistance, within the scope of authorized practice of immigration law, and instruction, to individuals -(A) on the rights and responsibilities of United States Citizenship; (B) in civics and civics-based English as a second language; and (C) in applying for United States citizenship. (e) SELECTION OF GRANTEES. Grants awarded under this section shall be awarded on a competitive basis. (f) SOURCE OF GRANT FUNDS. (1) APPLICATION FEES. The Secretary shall use funds made available under section 201(c)(5) of this title, to carry out this section. (2) AUTHORIZATION OF APPROPRIATIONS. (A) AMOUNTS AUTHORIZED. In addition to the amounts made available under paragraph (1), there are authorized to be appropriated such additional sums as may be necessary for each of the fiscal years 20014 through 2018 to carry out this section. (B) AVAILABILITY. Any amounts appropriated pursuant to subparagraph (A) shall remain available until expended.
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Table of Contents
SUBTITLE X EMPLOYMENT VERIFICATION SYSTEM...................................... 1 SEC. 301. UNLAWFUL EMPLOYMENT OF ALIENS. ...................................... 1 SEC. 302. EFFECTIVE DATE. ............................................................................. 61 SEC. 303. INCREASING SECURITY AND INTEGRITY OF SOCIAL SECURITY CARDS................................................................................................ 61 SEC. 304. INCREASING SECURITY AND INTEGRITY OF IMMIGRATION DOCUMENTS. ........................................................................................................ 64 SEC. 305. RESPONSIBILITIES OF THE SOCIAL SECURITY ADMINISTRATION............................................................................................... 64 SEC. 306. ANTIDISCRIMINATION PROTECTIONS...................................... 65 SEC. 307. AUTHORIZATION OF APPROPRIATIONS................................... 79 SEC. 308 VOLUNTARY PILOT PROGRAM ON IDENTITY AUTHENTICATION.............................................................................................. 82 SEC. 309. REGULATIONS. - ................................................................................ 83 SUBTITLE XI PROTECTING AMERICAN WORKERS........................................ 83 SEC. 310. CONTINUED APPLICATION OF REMEDIES. ............................. 83 SEC. 311. VICTIMS OF SERIOUS LABOR AND EMPLOYMENT VIOLATIONS OR CRIME.................................................................................... 84 SEC. 312. LABOR ENFORCEMENT ACTIONS. .............................................. 88 SEC. 313 . ENFORCEMENT OF LABOR LAW ................................................ 91 SEC. 314 . PROTECTIONS FOR MIGRANT AND SEASONAL LABORERS ................................................................................................................................... 92 SEC. 317 . CONFIDENTIALITY FOR VICTIMS OF CRIME......................... 94
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SUBTITLE X EMPLOYMENT VERIFICATION SYSTEM

WORKSITE ENFORCEMENT SEC. 301. UNLAWFUL EMPLOYMENT OF ALIENS. (a) Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended to read as follows:
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(a) MAKING EMPLOYMENT OF UNAUTHORIZED ALIENS UNLAWFUL. (1) IN GENERAL.It is unlawful for an employer (A) to hire an alien for employment in the United States knowing that the alien is an unauthorized alien (as defined in subsection (b)(1)) with respect to such employment; or (B) to hire for employment in the United States an individual without complying with the requirements of subsections (c) and (d). (2) CONTINUING EMPLOYMENT.It is unlawful for an employer, after hiring an alien for employment, to continue to employ the alien in the United States knowing that the alien is (or has become) an unauthorized alien with respect to such employment. Nothing in this section shall prohibit employment of an authorized employee who was previously unauthorized or permit an employer to refuse to employ an authorized employee based solely on the employees previous unauthorized status. (3) USE OF LABOR THROUGH CONTRACT.For purposes of this section, any employer who uses a contract, subcontract, or exchange to obtain the labor of an alien in the United States knowing that the alien is an unauthorized alien (as defined in subsection (b)(1)) with respect to performing such labor, shall be considered to have hired the alien for employment in the United States in violation of subparagraph (a)(1)(A). (A) For purposes of ensuring compliance with the immigration laws, the Secretary may require by regulation that a person or entity include in a written contract or subcontract an effective and enforceable requirement that the contractor or For Discussion Purposes Only Do Not Distribute 2
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subcontractor adhere to the immigration laws, including the use of the System (B) The Secretary may establish procedures by which a person or entity may obtain confirmation from the Secretary that the contractor or subcontractor has registered with the System and is utilizing the System to verify its employees. (C) The Secretary may establish such other requirements for persons or entities using contractors or subcontractors, including procedures adapted to different employment sectors, as the Secretary deems necessary to prevent violations of this paragraph. (4) USE OF STATE EMPLOYMENT AGENCY DOCUMENTATION.For purposes of paragraphs (1)(B) and (5), an employer shall be deemed to have complied with the requirements of subsection (c) of this section with respect to the hiring of an individual who was referred for such employment by a State employment agency (as defined by the Secretary) if the employer has and retains (for the period and in the manner described in subsection (c)(3) of this section) appropriate documentation of such referral by that agency, which documentation certifies that the agency has complied with the procedures specified in subsection (c), with respect to the individuals referral. An employer that relies on a State agencys verification of compliance with subsection (c) under this paragraph may also utilize and retain the State agencys certification of compliance with the procedures described in subsection (d) of this section, if any, in the manner provided by this paragraph. (5) DEFENSE.An employer that establishes that it has complied in good faith with the requirements of subsections (c)(1) through (c)(4), pertaining to document verification requirements, and subsection
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(d), pertaining to the use of the System, has established an affirmative defense that the employer has not violated subsection (a)(1)(A) with respect to such hiring; provided that: (A) until such time as the Secretary has required an employer to participate in the System, or that employer is participating on a voluntary basis pursuant to subsection (d), a defense is established without a showing of compliance with subsection (d); and (B) to establish a defense, the employer must also be in compliance with any additional requirements that the Secretary may promulgate by regulation pursuant to subsections (c) and (d). (6) PRESUMPTION.An employer is presumed to have acted with knowledge if the employer fails to comply with written standards, procedures, or instructions issued by the Secretary. (b) DEFINITIONS. (1) UNAUTHORIZED ALIEN.As used in this section, 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. (2) EMPLOYER.As used in this section, the term employer means any person or entity hiring an individual for employment in the United States, including an entity in any branch of the Federal Government and any person or entity who is an agent, a System service provider, or other person or entity performing any responsibility under this section on behalf of an employer; provided that, for purposes of any For Discussion Purposes Only Do Not Distribute 4
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requirement to participate in the System under subsection (d), except as it relates to subsection (d)(2)(H), the term employer shall not include a person or entity with fewer than 5 full or part-time employees. (3) SYSTEM. -- As used in this section, the term System means an electronic identity and work authorization verification system. (c) DOCUMENT VERIFICATION REQUIREMENTS.Any employer hiring an individual for employment in the United States shall take the following steps, and those provided in subsection (d), to verify that the individual is authorized to work in the United States: (1) ATTESTATION AFTER EXAMINATION OF DOCUMENTATION. (A) IN GENERAL.The employer must attest, under penalty of perjury and on a form prescribed by the Secretary, that it has verified the identity and employment authorization status of the individual by examining (i) a document described in subparagraph (B); or (ii) a document described in subparagraph (C) and a document described in subparagraph (D). The form prescribed by the Secretary may be electronic or on paper, and may be integrated electronically with the requirements under subsection (d), if the Secretary determines that combining the requirements in (c) and (d) would improve efficiency of the verification requirements. Such attestation may be manifested by either a handwritten, electronic, or digital signature, according to such standards as the Secretary may prescribe. An employer has complied with the requirements of this paragraph with respect to examination of documentation if the employer has followed
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applicable regulations and any written procedures or instructions provided by the Secretary, and if a reasonable person would conclude that the documentation is genuine and relates to the individual presenting it, taking into account any information known to the employer or provided to the employer by the Secretary. (B) DOCUMENTS ESTABLISHING BOTH EMPLOYMENT AUTHORIZATION AND IDENTITY.All documents must be unexpired, unless the validity of the document is extended by law. A document described in this subparagraph is an individuals (i) United States passport or passport card issued pursuant to the Secretary of State's authority under 22 U.S.C. 211a; (ii) permanent resident card, or other document issued to aliens authorized to work in the United States, as designated by the Secretary, if the document (I) contains a photograph of the individual, or such other personal identifying information relating to the individual as the Secretary finds, by regulation, sufficient for the purposes of this subsection; (II) is evidence of authorization for employment in the United States; and (III) contains security features to make it resistant to tampering, counterfeiting, and fraudulent use;
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(iii) enhanced state-issued drivers license, enhanced stateissued identification card, or enhanced tribal card issued to a citizen of the United States, provided that the Secretary has certified by notice published in the Federal Register that such enhanced document is suitable for use under this subparagraph based upon the accuracy and security of the issuance process, security features on the document, and such other factors as the Secretary may determine; (iv)a foreign passport with Form I-94 or Form I94A, or other documentation as designated by the Secretary specifying the aliens status as long as the period of status has not yet expired and the proposed employment is not in conflict with any restrictions or limitations identified in the documentation; or (v) a passport issued by the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with evidence of nonimmigrant admission to the United States under the Compact of Free Association between the United States and the FSM or the RMI. (C) DOCUMENTS ESTABLISHING IDENTITY OF INDIVIDUAL.All documents must be unexpired. A document described in this subparagraph includes (i) an individuals drivers license or identity card issued by a State or an outlying possession of the United States, a Federally recognized Indian tribe, or an agency (including military) of the Federal government if the drivers license or identity card includes, at a minimum,
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(I) the individuals photograph, name, date of birth, gender, and drivers license or identification card number, and (II) security features to make it resistant to tampering, counterfeiting, and fraudulent use; (ii) a voters registration card; or (iii) for individuals under 18 years of age who are unable to present a document listed in clause (i) or (ii), documentation of personal identity of such other type as the Secretary finds provides a reliable means of identification, which may include an attestation as to the individuals identity by a person 21 years of age or older under penalty of perjury. (D) DOCUMENTS EVIDENCING EMPLOYMENT AUTHORIZATION.All documents must be unexpired. The following documents may be accepted as evidence of employment authorization (i) a social security account number card issued by the Commissioner of Social Security (in this section referred to as the Commissioner) other than a card which specifies on its face that the card is not valid for employment in the United States or has other similar words of limitation. The Secretary, in consultation with the Commissioner, may require by publication of a notice in the Federal Register that only a social security account number card described in Section 303 of the Comprehensive Immigration Reform Act of 2013 be accepted for this purpose; or
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(ii) any other documentation evidencing authorization of employment in the United States which the Secretary determines, by notice published in the Federal Register, to be acceptable for purposes of this section, provided that the document, including any electronic security measures linked to the document, contains security features to make it resistant to tampering, counterfeiting, and fraudulent use. (E) AUTHORITY TO PROHIBIT USE OF CERTAIN DOCUMENTS.If the Secretary determines that any document or class of documents described in subparagraph (B), (C), or (D) does not reliably establish employment authorization or identity or is being used fraudulently to an unacceptable degree, the Secretary may prohibit or restrict the use of that document or class of documents for purposes of this subsection. (F) AUTHORITY TO ALLOW USE OF CERTAIN DOCUMENTS. If the Secretary has determined that another document or class of documents can be used to reliably establish employment authorization or identity, the Secretary may allow the use of that document or class of documents for purposes of this subsection. (G) GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF THE EFFECTS OF DOCUMENT REQUIREMENTS ON WORK AUTHORIZED PERSONS.-(i) STUDY REQUIRED.--The Comptroller General of the United States shall carry out a study of the effects of the documentary requirements of this section on U.S. citizens and other work authorized persons, and
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challenges they may face in obtaining the necessary documentation. (ii) REPORT.Not later than four years after the enactment of this Act, the Comptroller General shall submit to Congress a report containing the findings of the study carried out under this paragraph. Such report shall include, at a minimum, the following: (I) An assessment of available information regarding the number of working age U.S. citizens and other work authorized persons who lack documents required for employment by this section; (II) A description of the steps required for work authorized persons who currently do not possess the documents required in this section to obtain such documents; (III) A general assessment of the average financial costs for work authorized persons who do not possess the documents required in this section to obtain such documents; (IV) A description of the kind of challenges that face work authorized persons who do not possess the documents required in this section in obtaining such documents, including bureaucratic hurdles; and (V) Any particular challenges facing work authorized persons who are members of a federallyrecognized Indian tribe in complying with the provisions of this section.
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(2) INDIVIDUAL ATTESTATION OF EMPLOYMENT AUTHORIZATION.The individual must attest, under penalty of perjury in the form prescribed by the Secretary, that the individual is a citizen or noncitizen national of the United States, an alien lawfully admitted for permanent residence, or an alien who is authorized under this Act or by the Secretary to be hired for such employment. Such attestation may be manifested by either a hand-written or digital signature. The individual must also provide any Social Security Account Number, if one has been issued to the individual, on such form (3) RETENTION OF VERIFICATION RECORD. After completion of such form in accordance with paragraphs (1) and (2), the employer must retain a paper, microfiche, microfilm, or electronic version of the form, according to such standards as the Secretary may provide, and make it available for inspection by officers or employees of the Department of Homeland Security (or persons designated by the Secretary), the Office to Combat Immigration-Related Employment Discrimination, or the Department of Labor during a period beginning on the date of the hiring of the individual and ending 3 years after such date of hiring, or 1 year after the date the individuals employment is terminated, whichever is later. (4) COPYING OF DOCUMENTATION AND RECORDKEEPING The Secretary may promulgate regulations regarding the copying of documents presented by an individual pursuant to this subsection and related information pertaining to employment verification under this subsection, and retention of such information during a period not to exceed the required retention period of the verification record.
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(5) PENALTIES.An employer that fails to comply with any requirement of this subsection shall be penalized under subsection (e)(4)(B). (6) PROTECTION OF CIVIL RIGHTS. (A) Nothing in this section shall be construed to prohibit any reasonable accommodation necessary to protect the religious freedom of any individual, or to ensure access to employment opportunities of any disabled individual. (B) The employer shall use the procedures for document verification set forth in this paragraph for all employees without regard to race, color, religion, sex, national origin or, unless specifically permitted in this section, to citizenship status. (7) RECEIPTS.The Secretary may provide for the use of receipts for replacement documents, and temporary evidence of employment authorization by an individual to meet a documentation requirement of this subsection on a temporary basis not to exceed 1 year, after which time the individual must provide documentation sufficient to satisfy paragraph (c) of this section. (8) NO AUTHORIZATION OF NATIONAL IDENTIFICATION CARDS. Nothing in this section may be construed to authorize, directly or indirectly, the issuance, use, or establishment of a national identification card. (d) THE EMPLOYMENT VERIFICATION SYSTEM. (1) IN GENERAL. (A) The Secretary, in consultation with the Commissioner, shall implement and specify the procedures for the System. The
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participating employers shall timely register with the System and shall use the System as described in subsection (d)(5). (B) The Secretary shall create the necessary processes to monitor the functioning of the System, including the volume of the workflow, the speed of processing of queries, the speed and accuracy of responses, misuse of the System, fraud or identity theft, whether use of the System results in wrongful adverse actions or discrimination based upon a prohibited factor against U.S. citizens or employment authorized aliens, and the security, integrity, and privacy of the program. (C) The Secretary shall create the necessary processes to provide individuals with direct access to their case history in the System, including the identities of all entities that have run the individual through the system, the date of each query run, and the system response for each query run. (2) IMPLEMENTATION SCHEDULE. (A) FEDERAL GOVERNMENT.All employers within the Executive, Legislative, or Judicial Branches of the Federal Government shall participate in the System on or after the date of enactment of this subsection as follows (i) as of the date of enactment, to the extent required by section 402(e)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 as already implemented by each Branch; or (ii) on or after the date that is 60 days after the date of enactment of this subsection; whichever is earlier, with respect to all newly hired employees and employees with expiring temporary employment authorization documents. For Discussion Purposes Only Do Not Distribute 13
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(B) FEDERAL CONTRACTORS.Federal contractors shall participate in the System as provided in the final rule published at 73 Federal Register 67,651 (Nov. 14, 2008), or any subsequent amendments thereto, for which purpose references to E-Verify in the final rule shall be construed to apply to the System. (C) CRITICAL INFRASTRUCTURE. As of the date that is 1 year after regulations are published implementing this subsection, the Secretary, in the Secretarys discretion, with notice to the public provided in the Federal Register, may require any employer or industry which the Secretary determines to be part of the following sectors of the critical infrastructure (as defined in section 1016(e) of the Critical Infrastructure Protection Act of 2001 (42 U.S.C. 5195c(e)) to participate in the System with respect to all newly hired employees and employees with expiring temporary employment authorization documents: chemical, special use government facilities, energy, defense industrial base, and nuclear reactors, materials and waste sectors. The Secretary shall notify employers subject to this subparagraph no less than 60 days prior to such required participation. For purposes of this subsection, the term special use government facility includes those sectors within the government facilities sector that contain highly sensitive information, materials, processes, and equipment, such as military installations, embassies, courthouses, national laboratories, and structures that may house critical equipment, systems, networks, and functions. (D) EMPLOYERS WITH MORE THAN 1,000 EMPLOYEES.Not later than 2 years after regulations are published implementing this subsection, all employers with more than 1,000 employees shall participate in the System with respect
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to all newly hired employees and employees with expiring temporary employment authorization documents. (E) EMPLOYERS WITH MORE THAN 250 EMPLOYEES.Not later than 3 years after the regulations are published implementing this subsection, all employers with more than 250 employees shall participate in the System with respect to all newly hired employees and employees with expiring temporary employment authorization documents. (G) ALL EMPLOYERS. Except as provided in paragraph (H), not later than 4 years after the regulations are published implementing this subsection, all employers shall participate in the System with respect to all newly hired employees and employees with expiring temporary employment authorization documents. (H) TRIBAL GOVERNMENT EMPLOYERS. Not later than 5 years after the regulations are published implementing this subsection, all employers that are owned by or that are entities of the government of a federally-recognized Indian tribe shall participate in the System with respect to all newly hired employees with expiring temporary employment authorization documents. In developing regulations to implement this subsection, the Secretary shall consider the effects of this section on federally recognized Indian tribes and their members, and shall engage in consultation regarding this section with the governments of federally recognized Indian tribes. (I) IMMIGRATION LAW VIOLATORS.An order finding any employer to have violated section 274A or 274C of this Act shall require the employer to participate in the System with respect to newly hired employees and employees with expiring temporary employment authorization documents, if such
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employer is not otherwise required to participate in the System by this section. The Secretary shall monitor such employers compliance with System procedures. (3) PARTICIPATION IN THE SYSTEM.The Secretary has the following discretionary authority (A) To permit any employer that is not required under this section to participate in the System to do so on a voluntary basis; and (B) To require any employer that is required to participate in the System with respect to its newly hired employees also to do so with respect to its current workforce if the employer is determined by the Secretary or other appropriate authority to have engaged in any violation of the immigration laws. (4) CONSEQUENCE OF FAILURE TO PARTICIPATE.If an employer is required under this subsection to participate in the System and fails to comply with the requirements of such program with respect to an individual (A) such failure shall be treated as a violation of subsection (a)(1)(B) of this section with respect to that individual, and (B) a rebuttable presumption is created that the employer has violated subsection (a)(1)(A) or (a)(2) of this section. Subparagraph (B) shall not apply in the criminal prosecution: Provided that, nothing in this paragraph shall be construed to limit the use in the prosecution of a federal crime, in a manner otherwise consistent with Federal criminal law and procedure, of evidence relating to the employers failure to comply with requirements of the System.
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(5) PROCEDURES FOR PARTICIPANTS IN THE SYSTEM. (A) IN GENERAL.An employer participating in the System must register such participation with the Secretary and conform to the following procedures in the event of hiring any individual for employment in the United States (i) REGISTRATION OF EMPLOYERS.The Secretary, through notice in the Federal Register, shall prescribe procedures that employers must follow to register with the System. (ii) UPDATING INFORMATION.The employer is responsible for providing notice of any change to the information required under subclauses (I) through (V) of clause (i) before conducting any further inquiries within the System, or on such other schedule as the Secretary may provide. (iii) TRAINING.The Secretary shall require employers to undergo such training as the Secretary deems necessary to ensure proper use, protection of civil rights and civil liberties, privacy, integrity, and security of the System. To the extent practicable, such training shall be made available electronically. (iv) NOTIFICATION TO EMPLOYEES.The employer shall post notice or otherwise inform individuals hired for employment, of the use of the System, that the System may be used for immigration enforcement purposes, and that the System cannot be used to discriminate or to take adverse action against U.S. citizens or employment authorized aliens.
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(v) PROVISION OF ADDITIONAL INFORMATION.The employer shall obtain from the individual (and the individual shall provide) and shall record in such manner as the Secretary may specify (I) the individuals social security account number, (II) if the individual does not attest to United States citizenship or noncitizen nationality under subsection (c)(2) of this section, such identification or authorization number established by the Department of Homeland Security as the Secretary of Homeland Security shall specify, and (III) such other information as the Secretary may require to determine the identity and employment authorization of an employee. (vi) PRESENTATION OF DOCUMENTATION.The employer, and the individual whose identity and employment eligibility are being confirmed, shall fulfill the requirements of subsection (c) of this section. (B) SEEKING CONFIRMATION. (i) The employer shall use the System in order to initiate confirmation of the identity and employment eligibility of any individual no earlier than the date upon which the individual has accepted an offer of employment, and no later than 3 business days, or such other reasonable period as the Secretary may provide, after the date when employment begins. An employer may not, however, make For Discussion Purposes Only Do Not Distribute 18
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the starting date of an individuals employment or training or any other term and condition of employment dependent on the receipt of a confirmation of identity and employment eligibility. (ii) For reverification of an individual with a limited period of employment authorization, all required System procedures must be initiated no later than 3 business days after the date the individuals employment authorization expires. (iii) For those employers required by the Secretary to verify their entire workforce, the System can be used for initial verification of an individual who was hired before the employer became subject to the System, and the employer must initiate all required procedures on or before such date as the Secretary shall specify. (iv) The Secretary shall provide, and the employer shall utilize, as part of the System, a method of notifying employers of a confirmation or nonconfirmation of an individuals identity and employment eligibility, or a notice that further action is required to verify such identity or employment eligibility (further action notice). The Secretary shall establish procedures to directly notify the individual, as well as the employer, of a confirmation, nonconfirmation, or further action notice, and provide information about filing an administrative appeal pursuant to paragraph (7) a hearing before an Administrative Law Judge pursuant to paragraph (8). The Secretary may provide for a phased-in implementation of the notification requirements of this clause as appropriate, but the
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notification system shall cover all inquiries no later than 1 year from the date of enactment of the Comprehensive Immigration Reform Act of 2013. (C) CONFIRMATION OR NONCONFIRMATION. (i) INITIAL RESPONSE.The System shall provide a confirmation of an individuals identity and employment eligibility or a further action notice at the time of the inquiry, unless for technological reasons or due to unforeseen circumstances, the System is unable to provide such confirmation or further action notice. In such situations, the System shall provide a confirmation or further action notice within 3 business days of the initial inquiry. If providing a confirmation or further action notice, the System shall provide an appropriate code indicating such confirmation or such further action notice. (ii) CONFIRMATION UPON INITIAL INQUIRY.When the employer receives an appropriate confirmation of an individuals identity and employment eligibility under the System, the employer shall record the confirmation in such manner as the Secretary may specify. (iii) FURTHER ACTION NOTICE AND LATER CONFIRMATION OR NONCONFIRMATION. (I) NOTIFICATION AND ACKNOWLEDGMENT THAT FURTHER ACTION IS REQUIRED.Within 3 business days, or such other reasonable time as the Secretary may provide, of an employers receipt of a further action notice of an individuals identity or employment
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eligibility under the System, the employer shall notify the individual for whom the confirmation is sought of the further action notice and any procedures specified by the Secretary for addressing such notice. The further action notice must be given to the individual in writing and the employer must acknowledge in the System under penalty of perjury that it provided the employee with the further action notice. The individual must affirmatively acknowledge in writing, or in such other manner as the Secretary may specify, the receipt of the further action notice from the employer. If the individual refuses to acknowledge the receipt of the further action notice, or acknowledges in writing that he or she will not contest the further action notice under subclause (II), the employer shall notify the Secretary in such manner as the Secretary may specify. (II) CONTEST.Within 15 business days of receiving notification of a further action notice under subclause (I), the individual must contact the appropriate Federal agency and, if the Secretary so requires, appear in person for purposes of verifying the individuals identity and employment eligibility. The Secretary, in consultation with the Commissioner and other appropriate Federal agencies, shall specify an available secondary verification procedure to confirm the validity of information provided and to provide a confirmation or nonconfirmation. Any procedures for reexamination shall not limit in any way an For Discussion Purposes Only Do Not Distribute 21
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employees right to appeal a nonconfirmation. (III) NO CONTEST.If the individual refuses to acknowledge receipt of the further action notice, acknowledges that he or she will not contest the further action notice as provided in subclause (I), or does not contact the appropriate Federal agency within the period specified in subclause (II), following expiration of the period specified in subclause (II), a nonconfirmation shall issue. The employer shall record the nonconfirmation in such manner as the Secretary may specify and terminate the individuals employment. An individuals failure to contest a further action notice shall not be considered an admission of guilt with respect to any violation of this section or any provision of law. (IV) CONFIRMATION OR NONCONFIRMATION.Unless the period is extended in accordance with this subclause, the System shall provide a confirmation or nonconfirmation within 10 business days from the date that the individual contests the further action notice under subclause (II). If the Secretary determines that good cause exists, including to permit the individual to obtain and provide needed evidence of identity or employment eligibility, the Secretary shall extend the period for providing confirmation or nonconfirmation for stated periods beyond 10 business days. When confirmation or nonconfirmation is provided, the confirmation system shall provide an appropriate code indicating such confirmation or nonconfirmation. For Discussion Purposes Only Do Not Distribute 22
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(V) RE-EXAMINATION.Nothing in this section shall prevent the Secretary from establishing procedures to reexamine a case where a confirmation or nonconfirmation has been provided if subsequently received information indicates that the confirmation or nonconfirmation may not have been correct. Any procedures for reexamination shall not limit in any way an employees right to appeal a nonconfirmation. (VI) EMPLOYEE PROTECTIONS. In no case shall an employer terminate employment or take any other adverse action against an individual solely because of a failure of the individual to have identity and employment eligibility confirmed under this subsection until a nonconfirmation has been issued, and if the further action notice was contested, the period to timely file an administrative appeal has expired without an appeal, or in the case where an administrative appeal has been filed, the nonconfirmation has been upheld and the period for seeking review by an administrative law judge has expired, or a stay of the nonconfirmation has been terminated, or in the case where an action has been filed with an administrative law judge, the nonconfirmation has been upheld or a stay of the nonconfirmation has been terminated. (iv) NOTICE OF NONCONFIRMATION. Within 3 business days of an employers receipt of a nonconfirmation, or such other reasonable time as the Secretary may provide, the employer shall notify the
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individual who is the subject of the nonconfirmation, and provide information about filing an administrative appeal pursuant to paragraph (7) and request for a hearing before an Administrative Law Judge pursuant to paragraph (8). The nonconfirmation notice must be given to the individual in writing and the employer must acknowledge in the System under penalty of perjury that it provided the notice (or attempted to provide the notice). The individual must affirmatively acknowledge in writing, or in such other manner as the Secretary may specify, the receipt of the nonconfirmation notice from the employer. If the individual refuses or fails to acknowledge the receipt of the nonconfirmation notice, the employer shall notify the Secretary in such manner as the Secretary may specify. (D) CONSEQUENCES OF NONCONFIRMATION. (i) TERMINATION OF CONTINUED EMPLOYMENT.Except as provided in clause (iii), if the employer has received a nonconfirmation regarding an individual and has made reasonable efforts to notify the individual as required by subparagraph (C)(iv), the employer shall terminate employment of the individual upon the expiration of the time period as specified in paragraph(7)(A) for filing an administrative appeal and paragraph (8)(A) for requesting a hearing before an Administrative Law Judge. (ii) CONTINUED EMPLOYMENT AFTER NONCONFIRMATION.If the employer, in violation of subclause (i), continues to employ an individual after receiving nonconfirmation and exhaustion of all appeals or
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expiration of all rights to appeal if not appealed, a rebuttable presumption is created that the employer has violated subsections (a)(1)(A) and (a)(2) of this section. The previous sentence shall not apply in any prosecution under subsection (k)(1) of this section. (iii) EFFECT OF ADMINISTRATIVE APPEAL OR REVIEW BY ADMINISTRATIVE LAW JUDGE.If an individual files an administrative appeal of the nonconfirmation within the time period specified in paragraph (7)(A), or review by an Administrative Law Judge specified in paragraph (8)(A), the employer shall not terminate the individuals employment under this subparagraph prior to the resolution of the administrative appeal unless the Secretary or Commissioner terminates the stay under paragraph (7)(B) or 8(B). (E) OBLIGATION TO RESPOND TO QUERIES AND ADDITIONAL INFORMATION. (i) Employers are required to comply with requests for information from the Secretary and Office to Combat Immigration-Related Employment Discrimination, including queries concerning current and former employees (within the time frame during which records are required to be maintained under this section regarding such former employees) that relate to the functioning of the System, the accuracy of the responses provided by the System, and any suspected misuse, discrimination, fraud, or identity theft in the use of the System. Failure to comply with such a request is a violation of section (a)(1)(B).
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(ii) Individuals being verified through the System may be required to take further action to address questions identified by the Secretary or the Commissioner regarding the documents relied upon for purposes of subsection (c). The employer shall communicate to the individual within 3 business days, or such other reasonable time as the Secretary may provide, any such requirement for further actions and shall record the date and manner of such communication. The individual must acknowledge in writing, or in such other manner as the Secretary may specify, the receipt of this communication from the employer. (iii) The Secretary, in consultation with the Commissioner, is authorized, with notice to the public provided in the Federal Register, to implement, clarify, and supplement the requirements of this paragraph in order to facilitate the functioning, accuracy, and fairness of the System or to prevent misuse, discrimination, fraud, or identity theft in the use of the System. (F) The Secretary shall establish a process to certify, on an annual basis or such other time frame as the Secretary may provide, designated agents and other System service providers seeking access to the System to perform verification queries on behalf of employers, based upon training, usage, privacy, and security standards designated by the Secretary. The Secretary shall establish a process to ensure that designated agents and other System service providers are subject to monitoring to the same extent as direct access users.
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(G) No later than 3 months after the date of enactment of this section, the Secretary of Homeland Security, in consultation with the Secretary of Labor, the Secretary of Agriculture, the Commissioner of Social Security, the Attorney General, the Equal Employment Opportunity Commission, and the Administrator of the Small Business Administration, shall commence a campaign to disseminate information respecting the procedures, rights, and remedies prescribed under this section. Such campaign shall be aimed at increasing the knowledge of employers, employees, and the general public concerning employer and employee rights, responsibilities, and remedies under this section. The campaign shall be coordinated with the public education campaign conducted by the Office to Combat Immigration-Related Employment Discrimination. The Secretary shall assess the success of the campaign in achieving its goals. (i) In order to carry out and assess the campaign under this paragraph, the Secretary of Homeland Security may, to the extent deemed appropriate and subject to the availability of appropriations, contract with public and private organizations for outreach and assessment activities under the campaign. (ii) There are authorized to be appropriated to carry out this paragraph $40,000,000 for each fiscal year 2011 through 2013. (H) Based on a regular review of the System and the document verification procedures to identify misuse or fraudulent use and to assess the security of the documents and processes being used to establish identity or employment authorization, the Secretary, in consultation with the Commissioner, may modify the
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information that must be presented to the employer, the information that must be provided to the System by the employer, and the procedures that must be followed by employers with respect to any aspect of the System if the Secretary, in the Secretarys discretion, concludes that the modification is necessary to ensure that the System accurately and reliably determines the identity and employment authorization of employees while providing protection against misuse, discrimination, fraud, and identity theft. (I) Subject to appropriate safeguards to prevent misuse of the system, the Secretary, in consultation with the Commissioner, shall establish a secure self-verification procedure to permit an individual who seeks to verify the individuals own employment eligibility to contact the appropriate agency and, in a timely manner, correct or update the information used by the System. (J) The Secretary may, upon notice provided in the Federal Register, adjust the time periods described in this paragraph. (6) PROTECTION FROM LIABILITY FOR ACTIONS TAKEN ON THE BASIS OF INFORMATION PROVIDED BY THE SYSTEM.No employer participating in the System who complies with all System procedures as required in this Act shall be liable under any law for any employment-related action taken with respect to the employee in good faith reliance on information provided through the confirmation system. (7) ADMINISTRATIVE REVIEW. (A) IN GENERAL.An individual who is notified of a nonconfirmation may, not later than 10 business days after the date
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that such notice is received, file an administrative appeal of such nonconfirmation.with the Commissioner if the notice is based on records maintained by the Commissioner, or in any other case, with the Secretary. An individual who did not timely contest a further action notice timely received by that individual for which the individual acknowledged receipt may not avail himself of this paragraph. (B) ADMINISTRATIVE STAY OF NONCONFIRMATION.The nonconfirmation shall be automatically stayed upon the timely filing of an administrative appeal, unless the nonconfirmation resulted after the individual acknowledged receipt of the further action notice but failed to contact the appropriate agency within the time provided and the stay shall remain in effect until the resolution of the appeal, unless the Secretary or the Commissioner terminates the stay based on a determination that the administrative appeal is frivolous or filed for purposes of delay. (C) REVIEW FOR ERROR.The Secretary and the Commissioner shall develop procedures for resolving administrative appeals regarding nonconfirmations based upon the information that the individual has provided, including any additional evidence or argument that was not previously considered. Any such additional evidence or argument shall be filed within 15 days of the date the appeal was originally filed. Appeals shall be resolved within 30 days after the individual has submitted all evidence and arguments he or she wishes to submit, or has stated in writing that there is no additional evidence that he or she wishes to submit. The Secretary and the Commissioner may, on a case by case basis for good cause, extend the filing and submission period in order to ensure accurate resolution of an
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appeal before him or her. Administrative review under this paragraph shall be limited to whether the nonconfirmation notice is supported by a preponderance of the evidence. (D) DAMAGES, FEES, AND COSTS.No money damages, fees or costs may be awarded in the administrative review process. (8) REVIEW BY ADMINISTRATIVE LAW JUDGE. (A) IN GENERAL.After the Secretary or the Commissioner makes a final determination on an appeal filed by an individual under paragraph (7), the individual may obtain review by filing a complaint with an Administrative Law Judge of such determination in an action in accordance with this paragraph commenced not later than 45 days after the administrative order is issued. (B) STAY OF NONCONFIRMATION. The nonconfirmation shall be automatically stayed upon the timely filing of an action under this paragraph, and the stay shall remain in effect until the resolution of the action, unless the Administrative Law Judge determines that the action is frivolous or filed for purposes of delay, in which case the Administrative Law Judge may terminate the stay. (C) SERVICE.The respondent is either the Secretary or the Commissioner, but not both, depending upon who issued the administrative order under paragraph (7). In addition to serving the defendant, the plaintiff must also serve the Attorney General. (D) AUTHORITY OF ADMINISTRATIVE LAW JUDGE.
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(i)
The Secretary shall promulgate regulations regarding the rules of practice in appeals brought pursuant to this subsection.
(ii)
The Administrative Law Judge shall have power to (I) terminate the stay of nonconfirmation if the Administrative Law Judge determines that the action is frivolous or filed for purposes of delay; (II) (III) adduce evidence at a hearing; compel by subpoena the attendance of witnesses and the production of evidence at any designated place or hearing; and (IV) enter, upon the pleadings and any evidence adduced at a hearing, a decision affirming or reversing the result of the agency, with or without remanding the cause for a rehearing.
(iii) in case of contumacy or refusal to obey a subpoena lawfully issued under this section and upon application of the Administrative Law Judge, an appropriate district court of the United States may issue an order requiring compliance with such subpoena and any failure to obey such order may be punished by such court as a contempt thereof." (iv) Judges hearing cases shall have special training respecting employment eligibility verification. (E) ORDER BY ADMINISTRATIVE LAW JUDGE.
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(i) In General. The Administrative Law Judge shall issue and cause to be served to the parties in the proceeding an order which shall be appealed as provided in subsection G. (ii) Contents of Order. Such an order shall uphold or reverse the final determination on the request for reconsideration and order lost wages and other appropriate remedies as provided in subparagraph (F). (F) COMPENSATION FOR ERROR. (i) IN GENERAL.In cases in which the Administrative Law Judge reverses the final determination of the Secretary or the Commissioner made under paragraph (7), and the Administrative Law Judge finds that the final determination was erroneous by reason of the negligence of the Secretary or the Commissioner, the Administrative Law Judge may award to the individual lost wages, and reasonable costs and attorneys fees incurred during administrative and judicial review. Amounts under this clause may be adjusted to account for inflation pursuant to the US Consumer Price Index - All Urban Consumers (CPI-U) compiled by the Bureau of Labor Statistics. (ii) CALCULATION OF LOST WAGES.Lost wages shall be calculated based on the wage rate and work schedule that prevailed prior to termination. The individual shall be compensated for wages lost beginning on the first scheduled work day after employment was terminated and ending 180 days after completion of the Administrative Law Judges review described in this paragraph or the day
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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 Law Judge review process. No lost wages shall be awarded for any period of time during which the individual was not authorized to be employed in the United States. (iii) PAYMENT OF COMPENSATION. Notwithstanding any other law, payment of compensation for lost wages, costs, and attorneys fees under this paragraph, or compromise settlements of the same, shall be made as provided by section 1304 of title 31, United States Code. Appropriations made available to the Secretary or the Commissioner, accounts provided for under section 286 of the Immigration and Nationality Act (8 U.S.C. 1356), and funds from the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund shall not be available to pay such compensation. (G) No later than 45 days after the entry of such final order, any person adversely affected by such final order may seek review of such order in the United States Court of Appeals for the circuit in which the violation is alleged to have occurred or in which the employer resides or transacts business. (9) PRIVATE RIGHT OF ACTION. If the nonconfirmation issued for an individual was caused by negligence or other misconduct on the part of the employer (other than an entity in any branch of the Federal Government), the individual may seek recovery of damages,
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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 Secretarys or the Commissioners decision on an administrative appeal as described in paragraph (7), or 90 days after termination of the individual as a result of the final nonconfirmation if no such administrative appeal is taken. The action shall only be brought in the district court of the United States for the judicial district in which the plaintiff resides or, if the plaintiff does not reside within any such judicial district, in the District Court of the United States for the District of Columbia. In such action, no prior administrative or judicial finding relating to the employer in any proceeding to which the employer was not a party may be given any res judicata or collateral estoppel effect against the employer. (11) MANAGEMENT OF THE SYSTEM. (A) IN GENERAL.The Secretary is authorized to establish, manage, and modify the System, which shall (i) respond to inquiries made by participating employers at any time through the internet, or such other means as the Secretary may designate, concerning an individuals identity and whether the individual is authorized to be employed; (ii) maintain records of the inquiries that were made, of confirmations provided (or not provided), and of the codes provided to employers as evidence of their compliance with their obligations under the System; and (iii) provide information to, and require action by, employers and individuals using the System.
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(B) DESIGN AND OPERATION OF SYSTEM. The System shall be designed and operated (i) to maximize its reliability and ease of use by employers consistent with protecting the privacy and security of the underlying information, and ensuring full notice of such use to employees; (ii) to maximize its ease of use by employees, including direct notification of its use, of results, and ability to challenge results; (iii) to respond accurately to all inquiries made by employers on whether individuals are authorized to be employed and to register any times when the system is unable to receive inquiries; (iv) to maintain appropriate administrative, technical, and physical safeguards to prevent unauthorized disclosure of personal information, misuse by employers and employees, and discrimination; (v) to require regularly scheduled refresher training of all users of the System to ensure compliance with all procedures; (vi) to allow for auditing of the use of the System to detect misuse, discrimination, fraud, and identity theft, and to preserve the integrity and security of the information in all of the System, including but not limited to the following: (I) to develop and use tools and processes to detect or prevent fraud and identity theft, such as
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multiple uses of the same identifying information or documents to fraudulently gain employment; (II) to develop and use tools and processes to detect and prevent misuse of the system by employers and employees; (III) to develop tools and processes to detect anomalies in the use of the system that may indicate potential fraud or misuse of the system; (IV) to audit documents and information submitted by employees to employers, including authority to conduct interviews with employers and employees, and obtain information concerning employment from the employer; (vi) to confirm identity and employment authorization through verification and comparison of records as determined necessary by the Secretary. (vii) to confirm electronically the issuance of the employment authorization or identity document and to display the digital photograph that the issuer placed on the document so that the employer can compare the photograph displayed to the photograph on the document presented by the employee. If a photograph is not available from the issuer, the Secretary may specify alternative procedures for confirming the authenticity of the document. (C) SAFEGUARDS TO THE SYSTEM (i) The Secretary, in consultation with the Commissioner and other appropriate Federal and State
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agencies, shall develop policies and procedures to ensure protection of the privacy and security of personally identifiable information and identifiers contained in the records accessed or maintained by the System. The Secretary, in consultation with the Commissioner and other appropriate Federal and State agencies, shall develop and deploy appropriate privacy and security training for the Federal and State employees accessing the records under the System. (ii) The Secretary, acting through the Chief Privacy Officer of the Department of Homeland Security, shall conduct regular privacy audits of the policies and procedures established under clause (ii), including any collection, use, dissemination, and maintenance of personally identifiable information and any associated information technology systems, as well as scope of requests for this information. The Chief Privacy Officer shall review the results of the audits and recommend to the Secretary any changes necessary to improve the privacy protections of the program. (iii) Any person or entity who retains document verification or System data pursuant to this Section must implement an effective records security program that: (I) ensures that only authorized personnel have access to document verification or System data; (II) provides for backup and recovery of any records maintained in electronic format to
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protect against information loss, such as power interruptions; ensures that employees are trained to minimize the risk of unauthorized or accidental alteration or erasure of such data in electronic format; and ensures that whenever such data is created, completed, updated, modified, altered, or corrected in electronic format, a secure and permanent record is created that establishes the date of access, the identity of the individual who accessed the electronic record, and the particular action taken. For the purposes of this subsection, authorized personnel means anyone registered as a System user, or anyone with partial or full responsibility for completion of employment authorization verification or retention of data in connection with employment authorization verification on behalf of an employer. (D) RESPONSIBILITIES OF THE SECRETARY OF HOMELAND SECURITY. (i) As part of the System, the Secretary shall maintain a reliable, secure method, which, operating through the System and within the time periods specified, compares the name, alien identification or authorization number, or other information as determined relevant by the Secretary, provided in an inquiry against such information maintained or accessed by the Secretary in order to confirm
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(or not confirm) the validity of the information provided, the correspondence of the name and number, whether the alien is authorized to be employed in the United States (or, to the extent that the Secretary determines to be feasible and appropriate, whether the records available to the Secretary verify the identity or status of a citizen or noncitizen national of the United States), and such other information as the Secretary may prescribe. (ii) As part of the System, the Secretary shall establish a reliable, secure method, which, operating through the System, displays the digital photograph described in subparagraph (B)(vii). (iii) The Secretary shall have authority to prescribe when a confirmation, nonconfirmation, or further action notice shall be issued. (iv) The Secretary shall perform regular audits under the System, as described in subparagraph (B)(v) and shall utilize the information obtained from such audits, as well as any information obtained from the Commissioner pursuant to section 304 of the Comprehensive Immigration Reform Act of 2013, for the purposes of this section and to administer and enforce the immigration laws. (v) The Secretary shall make appropriate arrangements to allow employers or employees who are otherwise unable to access the System to use Federal Government facilities or public facilities or other available locations in order to utilize the program.
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(vi) The Secretary may, in consultation with the Commissioner, establish a program which shall provide a reliable, secure method by which victims of identity fraud and other individuals may suspend or limit the use of their Social Security account number or other identifying information for System purposes. The Secretary may implement the program on a limited pilot program basis before making it fully available to all individuals. (vii) The Secretary and the Commissioner shall establish a program in which Social Security account numbers that have been identified to be subject to unusual multiple use in the System, or that are otherwise suspected or determined to have been compromised by identity fraud, shall be blocked from use for System purposes after notification to the holder of the Social Security account number, unless the individual using such number is able to establish, through secure and fair additional security procedures, that he or she is the legitimate holder of the number. (viii) The Secretary shall establish a monitoring and compliance unit to detect and reduce identity fraud and other misuse of the program. (ix) The Secretary shall conduct regular civil rights and civil liberties assessments of the System, including participation by employers, other private entities, other Federal agencies, and state and local government. Employers, other private entities and Federal, state and local agencies shall timely respond to all requests in connection with such assessments. The Officer shall review
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the results of the assessment and recommend to the Secretary any changes necessary to improve the civil rights and civil liberties protections of the program. (x) REPORT ON USE OF THE SYSTEM IN THE AGRICULTURAL INDUSTRY. Not later than 18 months after the date of enactment, the Secretary shall submit to Congress a report that assesses implementation of the System in the agricultural industry, including the use of the System technology in agriculture industry hiring processes, user, contractor and third-party employer agent employment practices, timing and logistics regarding employment verification and reverification processes to meet agriculture industry practices, and identification of potential challenges and modifications to meet the unique needs of the agriculture industry. The report will review the modality of access, training and outreach, customer support, processes for further action notices and secondary verifications for short-term workers, monitoring and compliance procedures for the System, the interaction of the System with the process to admit non-immigrant workers pursuant to section 218 of the Immigration and Nationality Act and with enforcement of the immigration laws, and the collaborative use of processes of other federal and state agencies that intersect with the agriculture industry. (xi) ANNUAL REPORT AND CERTIFICATION.Not later than 18 months after the promulgation of regulations to implement this subsection, and annually thereafter, the Secretary shall submit to Congress a report that includes.
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(I)
An assessment of the accuracy rates of further action notices and other System notices provided by employers to individuals who are authorized to be employed in the United States.
(II)
An assessment of the accuracy rates of further action notices and other System notices provided directly (by the System) in a timely fashion to individuals who are not authorized to be employed in the United States.
(III)
An assessment of any challenges faced by small employers in utilizing the System; and
(IV)
An assessment of the rate of other employer noncompliance (in addition to failure to provide required notices in a timely fashion) in each of the following categories: taking adverse action based on a further action notice; use of the System for nonemployees; use of the System to reverify employment authorization of current employees except when authorized to do so; use of the System selectively except when authorized to do so; use of the System to deny employment or post-employment benefits or otherwise interfere with labor rights; requiring employees or applicants to use any self-verification feature or to provide self-verification results; encouraging individuals who receive a further action notice from challenging the
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further action notice or appealing any System determination. (E) RESPONSIBILITIES OF THE SECRETARY OF STATE.As part of the System, the Secretary of State shall provide to the Secretary access to passport and visa information as needed to confirm that a passport or passport card presented under subsection (c)(1)(B) confirms the identity of the subject of the System check, and that a passport, passport card, or visa photograph matches the Secretary of States records, and shall provide such assistance as the Secretary may request in order to resolve further action notices or nonconfirmations relating to such information. (F) UPDATING INFORMATION.The Commissioner and the Secretaries of Homeland Security and State shall update their information in a manner that promotes maximum accuracy and shall provide a process for the prompt correction of erroneous information. (12) LIMITATION ON USE OF THE SYSTEM. Notwithstanding any other provision of law, nothing in this subsection shall be construed to permit or allow any department, bureau, or other agency of the United States Government to utilize any information, database, or other records assembled under this subsection for any purpose other than for verification or to ensure secure, appropriate and nondiscriminatory use of the System. (13) CONFORMING AMENDMENT.Sections 401 to 405 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208, as amended; 8 U.S.C. 1234a note) are repealed, provided that nothing in this subsection shall be construed to limit the authority of the Secretary to allow or continue to allow the
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participation in the System of employers who have participated in the EVerify program established by such sections. (15) ANNUAL GAO STUDY AND REPORT. (A) REQUIREMENT.The Comptroller General shall, for each year, undertake a study to evaluate the accuracy, efficiency, integrity, and impact of the System. (B) REPORT.Not later than 18 months after the promulgation of regulations to implement this subsection, and yearly thereafter, the Comptroller General shall submit to Congress a report containing the findings of the study carried out under this paragraph. Each such report shall include, at a minimum, the following: (i) An assessment of System performance with respect to the rate at which individuals who are eligible for employment in the United States are correctly approved within the required periods, including a separate assessment of such rate for nationals and aliens. (ii) An assessment of the privacy and confidentiality of the System and of the overall security of the System with respect to cybertheft and theft or misuse of private data. (iii) An assessment of whether the System is being implemented in a nondiscriminatory and nonretaliatory manner. (iv) An assessment of the most common causes for the erroneous issuance of nonconfirmations by the System and recommendations to correct such causes. (v) The recommendations of the Comptroller General regarding System improvements. For Discussion Purposes Only Do Not Distribute 44
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(e) COMPLIANCE. (1) COMPLAINTS AND INVESTIGATIONS.The Secretary of Homeland Security shall establish procedures (A) for individuals and entities to file complaints respecting potential violations of subsections (a) or (f)(1); (B) for the investigation of those complaints which the Secretary deems appropriate to investigate; (C) for providing notification to the Department of Labor of investigations under subsection (a) of this section involving the employment of five or more individuals, so that the Department of Labor may investigate where there is good reason to believe, based on the information provided, that there may be violations of worker protection standards enforced by the Department of Labor, including the Fair Labor Standards Act, the Occupational Safety and Health Act, and Executive Order 11246; (D) for providing notification to the Office to Combat Immigration-Related Employment Discrimination of potential violations of section 274B of this Act; and (E) for such other investigations of violations of subsections (a) or (f)(1) as the Secretary determines to be appropriate. (2) AUTHORITY IN INVESTIGATIONS.In conducting investigations and proceedings under this subsection (A) immigration officers shall have reasonable access to examine evidence of any employer being investigated;
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(B) immigration officers designated by the Secretary, and administrative law judges and other persons authorized to conduct proceedings under this section, 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. In case of refusal to fully comply with a subpoena lawfully issued under this paragraph, the Secretary may request that the Attorney General apply in an appropriate district court of the United States for an order requiring compliance with the subpoena, and any failure to obey such order may be punished by the court as contempt. Failure to cooperate with the subpoena shall be subject to further penalties, including but not limited to further fines and the voiding of any mitigation of penalties or termination of proceedings under paragraph (4)(D); and (C) the Secretary, in cooperation with the Commissioner and Attorney General, and in consultation with other relevant agencies, shall establish a Joint Employment Fraud Task Force consisting of, at a minimum, the Systems compliance personnel, immigration law enforcement officers, Office to Combat Immigration-Related Employment Discrimination personnel, Department of Homeland Security Office for Civil Rights and Civil Liberties personnel, and Social Security Administration Office of Inspector General personnel. (3) COMPLIANCE PROCEDURES. (A) PRE-PENALTY NOTICE.If the Secretary has reasonable cause to believe that there has been a civil violation of this section, the Secretary shall issue to the employer concerned a written notice of the Departments intention to issue a claim for a monetary or other penalty. Such pre-penalty notice shall:
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(i) describe the violation; (ii) specify the laws and regulations allegedly violated; (iii) disclose the material facts which establish the alleged violation; (iv) describe the penalty sought to be imposed; and (v) inform such employer that he or she shall have a reasonable opportunity to make representations as to why a monetary or other penalty should not be imposed. (B) EMPLOYERS RESPONSE.Whenever any employer receives written pre-penalty notice of a fine or other penalty in accordance with subparagraph (A), the employer may, within 30 days from receipt of such notice, file with the Secretary its written response to the notice. The response may include any relevant evidence or proffer of evidence that the employer wishes to present with respect to whether the employer violated this section and whether, if so, the penalty should be mitigated, and shall be filed and considered in accordance with procedures to be established by the Secretary. (C) RIGHT TO A HEARING Before issuance of an order imposing a penalty on any person or entity, the person or entity shall be entitled to a hearing before an Administrative Law Judge, if requested within 30 days of the notice of penalty. The hearing shall be held at the nearest location practicable to the place where the person or entity resides or of the place where the alleged violation occurred.
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(D) ISSUANCE OF ORDERS - If no hearing is so requested, the Secretarys imposition of the order shall constitute a final and unappealable order. If the Administrative Law Judge determines, upon the preponderance of the evidence received, that there was a violation, the Administrative Law Judge shall issue the final determination with a written penalty claim. The penalty claim shall specify all charges in the information provided under clauses (i) through (iii) of subparagraph (A) and any mitigation of the penalty that the Administrative Law Judge deems appropriate under paragraph (4)(D). (4) CIVIL PENALTIES (A) HIRING OR CONTINUING TO EMPLOY UNAUTHORIZED ALIENS.Any employer that violates any provision of subsection (a)(1)(A) or (a)(2) shall: (i) pay a civil penalty of not less than $2,000 and not more than $5,000 for each unauthorized alien with respect to which each violation of either subsection (a)(1)(A) or (a)(2) occurred; (ii) if the employer has previously been fined under this paragraph, pay a civil penalty of not less than $4,000 and not more than $10,000 for each unauthorized alien with respect to which a violation of either subsection (a)(1)(A) or (a)(2) occurred; and (iii) if the employer has previously been fined more than once under this paragraph, pay a civil penalty of not less than $8,000 and not
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more than $25,000 for each unauthorized alien with respect to which a violation of either subsection (a)(1)(A) or (a)(2) occurred. (B) ENHANCED CIVIL PENALTY.If an employer is determined to have committed within the 5 years immediately preceding the date of any violation of subsection (a)(1)(A) or (a)(2) a civil or criminal violation of Federal or State labor or employment laws, including wage and hour, benefits or other employment standards, workplace health and safety or workrelated injuries, labor relations, non-discrimination, or immigration, by a court or an administrative agency with jurisdiction over such violation, for which a monetary penalty or monetary relief of at least $500, a judicial injunction, or other equitable relief, or any term of imprisonment has been imposed, any civil money penalty or criminal fine otherwise applicable under this section shall be trebled. In any proceeding under this section, the Secretary of Homeland Security, Administrative Law Judge, or court, as appropriate, shall determine whether a court or administrative agency has imposed such penalty for such previous violation of other law, but the validity and appropriateness of such prior action shall not be subject to review. (C) RECORDKEEPING OR VERIFICATION PRACTICES.Any employer that violates or fails to comply with any requirement of subsection (a)(1)(B), shall pay a civil penalty as follows: (i) not less than $500 and not more than $2,000 for each violation;
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(ii) if an employer has previously been fined under this paragraph, not less than $1,000 and not more than $4,000 for each violation; and (iii) if an employer has previously been fined more than once under this paragraph, not less than $2,000 and not more than $8,000 for each violation. (D) OTHER PENALTIES.The Secretary may impose additional penalties for violations, including cease and desist orders, specially designed compliance plans to prevent further violations, suspended fines to take effect in the event of a further violation, and in appropriate cases, the remedy provided by paragraph (f)(2). (E) MITIGATION.The Secretary or, where an employer requests a hearing, the Administrative Law Judge, is authorized, upon such terms and conditions as the Secretary or Administrative Law Judge deems reasonable and just and in accordance with such procedures as the Secretary may establish or any procedures established governing the Administrative Law Judges assessment of penalties, to reduce or mitigate penalties imposed upon employers, based upon factors including, but not limited to, the employers hiring volume, compliance history, good-faith implementation of a compliance program, and voluntary disclosure of violations of this subsection to the Secretary. The Secretary or Administrative Law Judge shall not mitigate a penalty below the minimum penalty provided by this section, except that the Secretary may, in the case of an employer subject to penalty for record-keeping or verification violations only who has not previously been penalized under this section, in the Secretarys or Administrative Law Judges discretion, mitigate the penalty below
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the statutory minimum or remit it entirely. In any case where a civil money penalty has been imposed on an employer under section 274B of this Act for an action or omission that is also a violation of this section, the Secretary or Administrative Law Judge shall mitigate any civil money penalty under this section by the amount of the penalty imposed under section 274B. (F) EFFECTIVE DATE. The civil money penalty amounts and the enhanced penalties provided by subparagraphs (A), (B), and (C) of this paragraph and by paragraph (f)(2) of this section shall apply to violations of this section committed on or after the date that is one year after the date of enactment of the Comprehensive Immigration Reform Act of 2013. For violations committed prior to such date, the civil money penalty amounts provided by regulations implementing section 274A of this Act as in effect the day before the enactment of the Comprehensive Immigration Reform Act of 2013 with respect to knowing hiring or continuing employment, verification, or indemnity bond violations, as appropriate, shall apply. (5) ORDER OF INTERNAL REVIEW AND CERTIFICATION OF COMPLIANCE.If the Secretary has reasonable cause to believe that an employer has failed to comply with this section, the Secretary is authorized, at any time, to require that the employer certify that it is in compliance with this section, or has instituted a program to come into compliance. Within 60 days of receiving a notice from the Secretary requiring such a certification, the employers chief executive officer or similar official with responsibility for, and authority to bind the company on, all hiring and immigration compliance notices shall certify under penalty of perjury that the employer is in conformance with the requirements of subsections (c)(1) through (c)(4), pertaining to document verification requirements, and with subsection (d), pertaining to the
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System (once that system is implemented with respect to that employer according to the requirements of subsection (d)(1)), and with any additional requirements that the Secretary may promulgate by regulation pursuant to subsections (c) or (d) or that the employer has instituted a program to come into compliance with these requirements. At the request of the employer, the Secretary may extend the 60-day deadline for good cause. The Secretary is authorized to publish in the Federal Register standards or methods for such certification, require specific recordkeeping practices with respect to such certifications, and audit the records thereof at any time. This authority shall not be construed to diminish or qualify any other penalty provided by this section. (A) REQUIREMENTS FOR REVIEW OF A FINAL DETERMINATION.With respect to judicial review of a final determination or penalty claim issued under paragraph (3)(C), the following requirements apply: (i) DEADLINE.The petition for review must be filed no later than 30 days after the date of the final determination or penalty claim issued under paragraph (3)(C). (ii) VENUE AND FORMS.The petition for review shall be filed with the court of appeals for the judicial circuit where the employers principal place of business was located when the final determination or penalty claim was made. The record and briefs do not have to be printed. The court shall review the proceeding on a typewritten or electronically filed record and briefs. (iii) SERVICE.The respondent is the Secretary of Homeland Security. In addition to serving the
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respondent, the petitioner must also serve the Attorney General. (iv) PETITIONERS BRIEF.The petitioner shall serve and file a brief in connection with a petition for judicial review not later than 40 days after the date on which the administrative record is available, and may serve and file a reply brief not later than 14 days after service of the brief of the respondent, and the court may not extend these deadlines, except for good cause shown. If a petitioner fails to file a brief within the time provided in this paragraph, the court shall dismiss the appeal unless a manifest injustice would result. (v) SCOPE AND STANDARD FOR REVIEW. The court of appeals shall decide the petition only on the administrative record on which the final determination is based. The burden shall be on the petitioner to show that the determination was not supported by substantial evidence. (B) EXHAUSTION OF ADMINISTRATIVE REMEDIES.A court may review a final determination under paragraph (3)(C) only if (i) the petitioner has exhausted all administrative remedies available to the petitioner as of right, including any administrative remedies established by regulation, and (ii) another court has not decided the validity of the order, unless the reviewing court finds that the petition presents grounds that could not have been presented in the prior judicial proceeding or that the remedy
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provided by the prior proceeding was inadequate or ineffective to test the validity of the order. (6) ENFORCEMENT OF ORDERS.If the final determination issued against the employer under this subsection is not subjected to review as provided in paragraph (6), the Attorney General, upon request by the Secretary, may bring a civil action to enforce compliance with the final determination in any appropriate district court of the United States. The court, on a proper showing, shall issue a temporary restraining order or a preliminary or permanent injunction requiring that the employer comply with the final determination issued against that employer under this subsection. In any such civil action, the validity and appropriateness of the final determination shall not be subject to review. (7) LIENS. (A) CREATION OF LIEN.If any employer liable for a fee or penalty under this section neglects or refuses to pay such liability after demand and fails to file a petition for review (if applicable) as provided in paragraph (6), the amount of the fee or penalty shall be a lien in favor of the United States on all property and rights to property, whether real or personal, belonging to such person. If a petition for review is filed as provided in paragraph (6), the lien shall arise upon the entry of a final judgment by the court. The lien continues for 20 years or until the liability is satisfied, remitted, set aside, or terminated. (B) FILING NOTICE OF LIEN. (1) Place for filing.-The notice referred to in subsection (A) shall be filed (A) Under State laws. (i) Real property.--In the case of real property, in one office within the State (or the county, or other For Discussion Purposes Only Do Not Distribute 54
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governmental subdivision), as designated by the laws of such State, in which the property subject to the lien is situated; and (ii) Personal property.--In the case of personal property, whether tangible or intangible, in one office within the State (or the county, or other governmental subdivision), as designated by the laws of such State, in which the property subject to the lien is situated, except that State law merely conforming to or reenacting Federal law establishing a national filing system does not constitute a second office for filing as designated by the laws of such State; or (B) With clerk of district court.--In the office of the clerk of the United States district court for the judicial district in which the property subject to the lien is situated, whenever the State has not by law designated one office which meets the requirements of subparagraph (A); or (C) With Recorder of Deeds of the District of Columbia.-In the office of the Recorder of Deeds of the District of Columbia, if the property subject to the lien is situated in the District of Columbia. (2) Situs of property subject to lien.--For purposes of paragraph (1), property shall be deemed to be situated (A) Real property.--In the case of real property, at its physical location; or (B) Personal property.--In the case of personal property, whether tangible or intangible, at the residence of the taxpayer at the time the notice of
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lien is filed. For purposes of paragraph (2)(B), the residence of a corporation or partnership shall be deemed to be the place at which the principal executive office of the business is located, and the residence of a taxpayer whose residence is without the United States shall be deemed to be in the District of Columbia. (C) EFFECT OF FILING NOTICE OF LIEN.Upon filing of a notice of lien in the manner described in (B) above, the lien shall be valid against any purchaser, holder of a security interest, mechanics lien, or judgment lien
EOP 1/24/13:: Flag for IRS to review. Comment [A1]: (B) reproduces verbatim the language of section 6323(f)(1) and (2).
creditor, except with respect to properties or transactions specified in subsection (b), (c), or (d) of section 6323 of the Internal Revenue Code of 1986 for which a notice of tax lien properly filed on the same date would not be valid. The notice of lien shall be considered a notice of lien for taxes payable to the United States for the purpose of any State or local law providing for the filing of a notice of a tax lien. A notice of lien that is registered, recorded, docketed, or indexed in accordance with the rules and requirements relating to judgments of the courts of the State where the notice of lien is registered, recorded, docketed, or indexed shall be considered for all purposes as the filing prescribed by this section. The provisions of section 3201(e) of chapter 176 of title 28 shall apply to liens filed as prescribed by this section. (D) ENFORCEMENT OF A LIEN.A lien obtained through this process shall be considered a debt as defined by 28 U.S.C. Sec. 3002 and enforceable pursuant to the Federal Debt Collection Procedures Act. (8) ATTORNEY GENERAL ADJUDICATION.The Attorney
Comment [A2]: Or alternatively, track the language instead of the cross reference.
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General shall have jurisdiction to adjudicate administrative proceedings under this subsection. (f) PROHIBITION OF INDEMNITY BONDS. (1) PROHIBITION.It is unlawful for an employer, in the hiring of any individual, to require the individual to post a bond or security, to pay or agree to pay an amount, or otherwise to provide a financial guarantee or indemnity, against any potential liability arising under this section relating to such hiring of the individual. (2) CIVIL PENALTY.Any employer who is determined, after notice and opportunity for mitigation of the monetary penalty under subsection (e), to have violated paragraph (1) of this subsection shall be subject to a civil penalty of $10,000 for each violation and to an administrative order requiring the return of any amounts received in violation of such paragraph to the employee or, if the employee cannot be located, to the general fund of the Treasury. (g) GOVERNMENT CONTRACTS. (1) CONTRACTORS AND RECIPIENTS.Whenever an employer who is a Federal contractor (meaning an employer who holds a Federal contract, grant, or cooperative agreement, or reasonably may be expected to submit an offer for or be awarded a government contract) is determined by the Secretary to be a repeat violator of this section or is convicted of a crime under this section, the employer shall be subject to debarment from the receipt of Federal contracts, grants, or cooperative agreements for a period of up to 5 years in accordance with the procedures and standards prescribed by the Federal Acquisition Regulation. However, any administrative determination of liability for civil penalty by the Secretary or the Attorney General shall not be reviewable in any debarment proceeding.
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(2) EFFECT OF INDICTMENTS OR OTHER ACTIONS. Indictments for violations of this section or adequate evidence of actions that could form the basis for debarment under this subsection shall be considered a cause for suspension under the procedures and standards for suspension prescribed by the Federal Acquisition Regulation. (3) INADVERTENT VIOLATIONS.Inadvertent violations of recordkeeping or verification requirements, in the absence of any other violations of this section, shall not be a basis for determining that an employer is a repeat violator for purposes of this subsection. (4) OTHER REMEDIES AVAILABLE.Nothing in this subsection shall be construed to modify or limit any remedy available to any agency or official of the Federal Government for violation of any contractual requirement to participate in the System, as provided in the final rule published at 73 Federal Register 67,651 (Nov. 14, 2008), or any subsequent amendments thereto. (h) PREEMPTION.The provisions of this section preempt any State or local law imposing civil or criminal sanctions upon those who employ, or recruit or refer for a fee for employment, unauthorized aliens. The provisions of this section shall also preempt any State or local law, regulation or order that requires or prohibits the use of E-Verify or any other employment eligibility verification process or system, or that modifies or alters the requirements set forth in this section. (i) DEPOSIT OF AMOUNTS RECEIVED.Except as otherwise specified, civil penalties collected under this section shall be deposited by the Secretary into the Immigration Reform Penalty Account created by Section 101(c) of the Comprehensive Immigration Reform Act of 2011. (j) CHALLENGES TO VALIDITY OF THE SYSTEM.
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(1) IN GENERAL.Any right, benefit, or claim not otherwise waived or limited pursuant to this section is available in an action instituted in the United States District Court for the District of Columbia, but shall be limited to determinations of (A) whether this section, or any regulation issued to implement this section, violates the Constitution of the United States; or (B) whether such a regulation issued by or under the authority of the Secretary to implement this section, is contrary to applicable provisions of this section or was issued in violation of title 5, chapter 5, United States Code. (2) DEADLINES FOR BRINGING ACTIONS. Any action instituted under this subsection must be filed no later than 180 days after the date the challenged section or regulation described in subparagraph (A) or (B) of paragraph (1) becomes effective. No court shall have jurisdiction to review any challenge described in subparagraph (B) after the time period specified in this subsection expires. (k) CRIMINAL PENALTIES AND INJUNCTIONS FOR PATTERN OR PRACTICE VIOLATIONS. (1) PATTERN AND PRACTICE.Any employer who engages in a pattern or practice of knowing violations of subsection (a)(1)(A) or (a)(2) shall be fined under title 18, United States Code, no more than $5,000 for each unauthorized alien with respect to whom such violation occurs, imprisoned for not more than 2 years for the entire pattern or practice, or both. (2) The maximum term of imprisonment of a person convicted of any criminal offense under the Unites States Code shall be increased by
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ten years if the offense is committed as part of a pattern or practice of violations of subsection (a)(1)(A) or (a)(2) of this section. (3) ENJOINING OF PATTERN OR PRACTICE VIOLATIONS.Whenever the Secretary or the Attorney General has reasonable cause to believe that an employer is engaged in a pattern or practice of employment in violation of subsection (a)(1)(A) or (a)(2), the Attorney General may bring a civil action in the appropriate district court of the United States requesting such relief, including a permanent or temporary injunction, restraining order, or other order against the employer, as the Secretary or Attorney General deems necessary. (l) CRIMINAL PENALTIES FOR UNLAWFUL AND ABUSIVE EMPLOYMENT. (1) Any person who, during any 12-month period, knowingly employs or hires for employment 10 or more individuals within the United States (A) knowing that the individuals are unauthorized aliens, and (B) under conditions that violate sections 29 U.S.C. 654(a) (relating to occupational safety and health), 206 or 207 of Title 29 (relating to minimum wages and maximum hours of employment), section 3142 of Title 40 (relating to required wages on construction contracts), sections 6703 or 6704 of Title 41 (relating to required wages on service contracts), shall be fined under title 18, United States Code, or imprisoned for not more than 15 years, or both. (2) ATTEMPT AND CONSPIRACY.Any person who attempts or conspires to commit any offense under this subsection shall be punished in the same manner as a person who completes the offense.
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(b) CONFORMING AMENDMENT.Section 274(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(3)) is repealed. SEC. 302. EFFECTIVE DATE. Except as otherwise provided herein, this title shall become effective on the date of enactment. SEC. 303. INCREASING SECURITY AND INTEGRITY OF SOCIAL SECURITY CARDS. (a) FRAUD-RESISTANT, TAMPER-RESISTANT, AND WEAR-RESISTANT SOCIAL SECURITY CARDS. (1) ISSUANCE. (A) PRELIMINARY WORK.Not later than 180 days after the date of enactment of this title, the Commissioner of Social Security shall begin work to administer and issue fraud-resistant, tamper-resistant, and wear-resistant Social Security cards. (B) COMPLETION.Not later than two years after the date of enactment of this title, the Commissioner of Social Security shall issue only fraud-resistant, tamper-resistant, and wear-resistant Social Security cards. (2) AMENDMENT.Section 205(c)(2)(G) of the Social Security Act (42 U.S.C. 405(c)(2)(G)) is amended to read (i) The Commissioner of Social Security shall issue a social security card to each individual at the time of the issuance of a social security account number to such individual. The social security card shall be fraud-resistant, tamper-resistant, and wear-resistant.
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(3) AUTHORIZATION OF APPROPRIATIONS.There are authorized to be appropriated such sums as may be necessary to carry out this subsection and the amendments made by this subsection. (b) MULTIPLE CARDS.Section 205(c)(2)(G) of the Social Security Act (42 U.S.C. 405(c)(2)(G)) is further amended by adding at the end the following: MULTIPLE CARDS.Section 205(c)(2)(G) of the Social Security Act (42 U.S.C. 405(c)(2)(G)) is further amended by adding at the end the following: The Commissioner of Social Security shall restrict the issuance of multiple replacement Social Security cards to any individual to 3 per year and 10 for the life of the individual, except that the Commissioner may allow for reasonable exceptions from the limits under this clause on a case-by-case basis in compelling circumstances. (c) CRIMINAL PENALTIES..(1) Social Security fraud. -- Chapter 47 of title 18, United States Code, is amended by adding a new section 1029 reading 1029 Social security fraud 7) Whoever (a) knowingly possesses or uses a social security account number or social security card knowing that the number or card was obtained from the Commissioner of Social Security by means of fraud or false statement; (b) knowingly and falsely represents a number to be the social security account number assigned by the Commissioner of Social Security to him or to another person, when in fact such number is not the social security account number assigned by the Commissioner of Social Security to him or to such other person; (c) knowingly buys, sells, or possesses with intent to buy or sell a social security account number or a social security card that is or purports
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to be a number or card issued by the Commissioner of Social Security; (d) knowingly alters, counterfeits, forges, or falsely makes a social security account number or a social security card; (e knowingly possesses, uses, distributes, or transfers a social security account number or a social security card knowing the number or card to be altered, counterfeited, forged, falsely made, or stolen; or; (f) without lawful authority, knowingly produces or acquires for any person a social security account number, a social security card, or a number or card that purports to be a social security account number or social security card; shall be fined under this title, or imprisoned for not more than ten years, or both. "(2) Table of Sections Amendment- The table of sections for chapter 47 of title 18, United States Code, is amended by adding at the end the following: `Sec. 1029. Social security fraud. (2) Information disclosure. Notwithstanding any other provision of law and subject to paragraph (subparagraph (B), the Commissioner of Social Security shall disclose the following records of the Social Security Administration to any federal law enforcement agency that requests such records for the purpose of investigating a violation of this section or Section 274A, Section 274B, or Section 274C of the Immigration and Nationality Act, provided that such request is in writing and from an officer in a supervisory position or higher official: (i) records concerning the identity, address, location, or financial institution accounts of the holder of a social security account number or social security card,
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(ii) records concerning the application for and issuance of a social security account number or social security card, and (iii) records concerning the existence or non-existence of a social security account number or social security card. (B) The Commissioner of Social Security shall not disclose any tax return or tax return information pursuant to this subsection except as authorized by title 26, United States Code, section 6103.. SEC. 304. INCREASING SECURITY AND INTEGRITY OF IMMIGRATION DOCUMENTS. (a) Not later than one year after the date of enactment of this section, the Secretary of Homeland Security shall report to Congress on the feasibility, advantages, and disadvantages of including other biometric information in addition to a photograph on each U.S. Citizenship and Immigration Services Employment Authorization Document. SEC. 305. RESPONSIBILITIES OF THE SOCIAL SECURITY ADMINISTRATION. The Social Security Act, 42 U.S.C. 401 ),et. seq., is amended in Title XI by adding at the end thereof the following new part: PART E.EMPLOYMENT VERIFICATION Sec. 1186 (42 U.S.C. 1320f) RESPONSIBILITIES OF THE COMMISSIONER OF SOCIAL SECURITY. (a) As part of the employment verification system established by the Secretary of Homeland Security under the provisions of section 274A of the Immigration and Nationality Act (the INA) (8 U.S.C. 1324a), the Commissioner of Social Security shall, subject to the provisions of section 274A(d) of the INA, establish a reliable, secure method that, operating
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through the System and within the time periods specified in section 274A(d) of the INA: (1) compares the name, date of birth, social security account number and available citizenship information provided in an inquiry against such information maintained by the Commissioner in order to confirm (or not confirm) the validity of the information provided regarding an individual whose identity and employment eligibility must be confirmed; (2) determines the correspondence of the name, date of birth, and number; (3) determines whether the name and number belong to an individual who is deceased according to the records maintained by the Commissioner; (4) determines whether an individual is a national of the United States, as defined in Section 101(a)(22) of the INA (8 U.S.C. 1101(a)(22)) (when available); and (5) determines whether the individual has presented a social security account number that is not valid for employment. The System shall not disclose or release social security information to employers through the confirmation system (other than such confirmation or nonconfirmation, information provided by the employer to the System, or the reason for the issuance of a further action notice). SEC. 306. ANTIDISCRIMINATION PROTECTIONS. (a) Section 274B of the Immigration and Nationality Act (8 U.S.C. 1324b) is amended (1) by amending subsection (a) to read as follows
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(a) PROHIBITION OF DISCRIMINATION BASED ON NATIONAL ORIGIN OR CITIZENSHIP STATUS. (1) IN GENERAL.It is an unfair immigration-related employment practice for a person, other entity or employment agency (as defined in paragraph 9), to discriminate against any individual (other than an unauthorized alien defined in section 274A(b)(1)), because of such individuals national origin or citizenship status (including an authorized individuals status prior to legalization), with respect to the hiring of the individual for employment, the verification of the individuals eligibility to work in the United States, the compensation, terms, conditions, or privileges of the employment of the individual, or the discharging of the individual from employment. (2) EXCEPTIONS.Paragraph (1) shall not apply to (A) a person, other entity, or employer that employs 3 or fewer employees, except for an employment agency, as defined in paragraph (9), (B) a persons or entitys discrimination because of an individuals national origin if the discrimination with respect to that person or entity and that individual is covered under section 703 of the Civil Rights Act of 1964 [42 U.S.C. 2000e2], unless the discrimination is related to an individuals verification of employment authorization, (C) discrimination because of citizenship status which is otherwise required in order to comply with Federal law, regulation, or executive order, state or local law related to law enforcement, or required by Federal government contract, or which the Attorney General determines to be essential for an employer to do business
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with an agency or department of the Federal, tribal, State or local government. (3) ADDITIONAL EXCEPTION PROVIDING RIGHT TO PREFER EQUALLY QUALIFIED CITIZENS.Notwithstanding any other provision of this section, it is not an unfair immigration-related employment practice for an employer as defined in 8 U.S.C. 1324a to prefer to hire, recruit, or refer an individual who is a citizen or national of the United States over another individual who is an alien if the two individuals are equally qualified. (4) UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES AND THE SYSTEM. It is also an unfair immigrationrelated employment practice for a person, other entity or employment agency (A) to terminate the employment of an individual or take any adverse employment action with respect to that individual (including, but not limited to, any change in the terms and conditions of employment of the individual) due to a further action notice issued by the System, or the individuals decision to challenge or appeal any System determination, including requesting reconsideration of, or seeking review by an Administrative Law Judge of a reconsideration finding under Section 301(d)(7) or (d)(8), unless the stay of nonconfirmation has been terminated; (B) to use the System with regard to any person for any purpose except as authorized by section 274A(d); (C) to use the System to reverify the employment authorization of a current employee, including an employee continuing in employment, other than reverification in a situation
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described in section 274a.2(b)(1)(viii)(A)(7) of title 8, Code of Federal Regulations or any successor provision, reverification upon expiration of employment authorization, or as otherwise authorized under section 274A(d) or by regulation; (D) to use the System selectively for employees, except where authorized by law; (E) to fail to provide to an individual any notice required in Section 301(d) within the relevant time period; (F) to use the System to deny workers employment or post-employment benefits, or otherwise interfere with their labor rights; (G) to use the System to discriminate based on national origin or citizenship status (including an authorized individuals status prior to legalization); (H) to require an employee or prospective employee to use any self-verification feature of the System or provide, as a condition of application or employment, any self-verification results; (I) to use an immigration status verification system, service or method other than those described in section 274A for purposes of verifying employment eligibility; or (K) to grant access to document verification or System data, to any individual or entity other than personnel authorized to have such access, or to fail to take reasonable safeguards to protect against unauthorized loss, use, alteration, or destruction of System data.
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(5) PROHIBITION OF INTIMIDATION OR RETALIATION. It is also an unfair immigration-related employment practice for a person, other entity, or employment agency to intimidate, threaten, coerce, or retaliate against any individual for the purpose of interfering with any right or privilege secured under this section or because the individual intends to file or has filed a charge or a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this section. (6) TREATMENT OF CERTAIN DOCUMENTARY PRACTICES AS EMPLOYMENT PRACTICES. A persons other entitys, or employment agencys request, for purposes of verifying employment eligibility, for more or different documents than are required under section 274A(b), or for specific documents, or refusing to honor documents tendered that reasonably appear to be genuine shall be treated as an unfair immigration-related employment practice. (7) BURDEN OF PROOF IN DISPARATE IMPACT CASES. (A) An unlawful immigration-related employment practice case based on disparate impact is established only if: (i) A complaining party demonstrates that a respondent uses a particular employment practice that causes a disparate impact on the basis of national origin or citizenship status and the respondent fails to demonstrate that the challenged practice is job related for the position in question and consistent with business necessity; or (ii) The complaining party demonstrates that an alternative employment practice is available and the respondent refuses to adopt such an alternative employment practice. An alternative employment practice is a practice
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that would serve the persons or entitys or employment agencys legitimate needs and have less disparate impact than the employment practice challenged by the complaining party. (B) With respect to demonstrating that a particular employment practice causes a disparate impact as described in subparagraph (A), the complaining party shall demonstrate that each particular challenged employment practice causes a disparate impact, except that if the complaining party can demonstrate to the court that the elements of a respondents decision-making process are not capable of separation for analysis, the decision-making process may be analyzed as one employment practice. (C) If the respondent demonstrates that a specific employment practice does not cause the disparate impact, the respondent shall not be required to demonstrate that such practice is required by business necessity. (D) A demonstration that an employment practice is required by business necessity may not be used as a defense against a claim of intentional discrimination under this statute. (8) MOTIVATING FACTOR.Except as otherwise provided in this Act: (a) where discrimination is an element of an unlawful immigration-related unfair employment practice, discrimination is established when the charging party demonstrates that citizenship status or national origin was a motivating factor for the employment practice at issue, even though other factors also motivated the practice; and (b) where a violation of section 1324b(a)(5) is alleged, the violation is established when the charging party demonstrates that an individuals filing of or intent to file a charge or complaint, or an individuals testifying, assisting or participating in an investigation, proceeding or hearing under this
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section, or interference with any right or privilege secured under this section is a motivating factor for the employment practice at issue even though other factors also motivated the practice. (9) EMPLOYMENT AGENCY DEFINED.As used in this section, the term employment agency means any person or entity regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such person or entity.; (2) in subsection (b) by inserting at the end of the paragraph, The EEOC shall refer all matters alleging immigration-related unfair employment practices filed with the EEOC, including those alleging violations of (a)(1), (a)(4), (a)(5), and (a)(6) to the Office to Combat Immigration-Related Employment Discrimination. (3) by substituting for subsection (c) as follows The Attorney General, through the Office to Combat ImmigrationRelated Employment Discrimination, shall enforce this Section. A career, Senior Executive Service attorney shall serve as chief of this Office. (2) in subsection (d) (A) by amending paragraphs (1), (2) and (3) to read as follows (1) The Office shall investigate each charge received and determine whether or not there is reasonable cause to believe that the charge is true and whether or not to bring a complaint with respect to the charge before an administrative law judge. The Office may, on his or her own initiative, conduct investigations respecting unfair immigration-related employment practices prohibited by this section, including a pattern or practice of
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discrimination, and, based on such an investigation, file a complaint before such judge. (2) If the Office, after receiving such a charge respecting an unfair immigration-related employment practice prohibited by this section or which alleges discriminatory activity or a pattern or practice of discriminatory activity, has not filed a complaint before an administrative law judge with respect to such charge within 120 days, the Office shall notify the person making the charge of the determination not to file such a complaint during such period and the person making the charge may file a complaint directly before such judge within 90 days after the date of receipt of the notice. The Offices failure to file such a complaint within such 120-day period shall not affect the right of the Office to investigate the charge or to bring a complaint before an administrative law judge thereafter; (3) No complaint may be filed respecting any unfair immigration-related employment practice occurring more than 180 days prior to the date of the filing of a charge with the Office. Where a complaint is filed pursuant to the Offices authority to open an investigation on its own initiative under subparagraph (1), no complaint may be filed respecting any unfair immigrationrelated employment practice unless at least one alleged unfair immigration-related employment practice occurred no more than 180 days prior to the date that the Office initiated its investigation. (B) by adding new paragraph (4) to read as follows (4) For purposes of this section, an unfair immigration-related employment practice occurs when a discriminatory decision or other practice is adopted, when an individual becomes subject to a discriminatory decision or other practice, or when an individual is affected
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by application of a discriminatory decision or other practice, including each time wages, benefits, or other compensation is paid, resulting in whole or in part from such a decision or other practice. (C) by adding new paragraph (5) to read as follows (5) If a civil action brought under Title VII of the Civil Rights Act of 1964 [42 U.S.C.A. 2000e et seq.] alleges facts sufficient to state a claim of discrimination based on citizenship status or based on national origin covered under subsection (a)(1) of this section, or a claim under (a)(4), or a claim under (a)(5), or a claim under (a)(6), the Attorney General shall have the right to intervene in such civil action. In such cases the federal district court shall have the authority to issue orders and provide remedies in accordance with subsection (g). (5) in subsection (g)(2) (A) in subparagraph (A), by inserting before the period and which requires such affirmative action as may be appropriate, or any other individual equitable relief as the administrative law judge determines appropriate.; (B) In subparagraph (B) (i) in clause (iii), by inserting before the semicolon , and to provide such other relief as the administrative law judge determines appropriate to make the individual whole; and (ii) by amending clause (iv) to read as follows (iv) to pay any applicable civil penalties prescribed below, the amounts of which may be adjusted periodically to account for inflation as provided by law
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(I) except as provided in subclauses (II) through (IV), to pay a civil penalty of not less than $2,000 and not more than $5,000 for each individual subjected to an unfair immigration related employment practice, (II) except as provided in subclauses (III) and (IV), in the case of a person or entity previously subject to a single order under this paragraph, to pay a civil penalty of not less than $4,000 and not more than $10,000 for each individual subjected to an unfair immigration related employment practice, (III) except as provided in subclause (IV), in the case of a person or entity previously subject to more than one order under this paragraph, to pay a civil penalty of not less than $8,000 and not more than $25,000 for each individual subjected to an unfair immigration related employment practice, and (IV) in the case of an unfair immigrationrelated employment practice described in subsections (a)(4) or (a)(6) of this section, to pay a civil penalty of not less than $500 and not more than $2,000 for each individual subjected to an unfair immigration related employment practice.; (C) In clause (vii) by striking and; (D) In clause (viii) by striking the period and inserting ; and; and (E) by adding a new clause (ix) to read as follows
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(ix)(I) No order of the administrative law judge 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 paragraph (a)(8) and a respondent demonstrates that the respondent would have taken the same action in the absence of the impermissible motivating factor, the administrative law judge may grant declaratory relief, injunctive relief and attorneys fees and costs demonstrated to be directly attributable only to the pursuit of a claim under paragraph (a)(8); and shall not award back pay or issue an order requiring any admission, reinstatement, hiring, promotion, or payment, described in subparagraph (I).; (6) In subsection (l)(3) by inserting and an additional $40,000,000 for each of fiscal years 2011 through 2013 before the period at the end; and (7) By adding new subsections (m), (n) (o), (p) and (q) to read as follows (m) REPORTS.The Secretary of Homeland Security shall make transactional data and citizenship status data related to the System available upon request by the Office to Combat Immigration-Related Employment Discrimination and shall refer all claims of potential unfair immigration-related unfair employment practices to the Office. (n) RECORDS.Every employer, person or entity, and labor organization subject to this section shall
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(1) make and keep such records relevant to the determinations of whether unfair immigration-related employment practices have been or are being committed; (2) preserve such records for such periods; and (3) make such reports therefrom as the Office to Combat Immigration-Related Employment Discrimination shall prescribe by regulation or order, as reasonable, necessary, or appropriate for the enforcement of this section or the regulations or orders thereunder. The Office to Combat Immigration-Related Employment Discrimination may cooperate with State and local agencies charged with the administration of State fair employment practices laws and, with the consent of such agencies, may, for the purpose of carrying out its functions and duties under this section and within the limitation of funds appropriated specifically for such purpose, engage in and contribute to the cost of research and other projects of mutual interest undertaken by such agencies, and utilize the services of such agencies and their employees, and, notwithstanding any other provision of law, pay by advance or reimbursement such agencies and their employees for services rendered to assist the Office to Combat Immigration-Related Employment Discrimination in carrying out this section. In furtherance of such cooperative efforts, the Office may enter into written agreements with such State or local agencies and such agreements may include provisions under which the Office shall refrain from processing a charge in any cases or class of cases specified in such agreements or under which the Office shall relieve any person or class of persons in such State or locality from requirements imposed under this section. The Office shall rescind any such agreement whenever it determines that the agreement no longer serves the interest of effective enforcement of this section. Pursuant to
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such agreements, the Office to Combat Immigration-Related Employment Discrimination shall designate Federal, State and local agencies to act as agents for the purpose of receiving charges that fall, in whole or in part, within the jurisdiction of the Office to Combat Immigration-Related Employment Discrimination, including those that are not within the jurisdiction of the Federal, State or local agency. The date of the Federal, State or local agencys receipt of such charges shall be considered the date such charge is filed with the Office to Combat Immigration-Related Employment Discrimination. The Office to Combat Immigration-Related Employment (o) The Office to Combat Immigration-Related Employment Discrimination may cooperate with State and local agencies charged with the administration of State fair employment practices laws and, with the consent of such agencies, may, for the purpose of carrying out its functions and duties under this section and within the limitation of funds appropriated specifically for such purpose, engage in and contribute to the cost of research and other projects of mutual interest undertaken by such agencies, and utilize the services of such agencies and their employees, and, notwithstanding any other provision of law, pay by advance or reimbursement such agencies and their employees for services rendered to assist the Office to Combat Immigration-Related Employment Discrimination in carrying out this section. In furtherance of such cooperative efforts, the Office may enter into written agreements with such State or local agencies and such agreements may include provisions under which the Office shall refrain from processing a charge in any cases or class of cases specified in such agreements or under which the Office shall relieve any person or class of persons in such State or locality from requirements imposed under this section. The Office shall rescind any such agreement whenever it determines that the agreement no longer serves the interest of effective enforcement of this section. Pursuant to such agreements, the Office to Combat Immigration-Related Employment For Discussion Purposes Only Do Not Distribute 77
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Discrimination shall designate Federal, State and local agencies to act as agents for the purpose of receiving charges that fall, in whole or in part, within the jurisdiction of the Office to Combat Immigration-Related Employment Discrimination, including those that are not within the jurisdiction of the Federal, State or local agency. The date of the Federal, State or local agencys receipt of such charges shall be considered the date such charge is filed with the Office to Combat Immigration-Related Employment Discrimination. The Office to Combat Immigration-Related Employment (p) MITIGATION OF CIVIL MONEY PENALTY. In any case where a civil money penalty has been imposed on a person or entity under section 274A of this Act for an action or omission that is also a violation of this section, the Attorney General shall mitigate any civil money penalty under this section by the amount of the penalty imposed under section 274A. (q) TECHNICAL ASSISTANCE FOR CERTAIN ENTITIES. The Office to Combat Immigration-Related Employment Discrimination shall provide technical assistance, including remote and on-site training, and guidance in response to requests for technical assistance as appropriate, to ensure that the following entities comply with the intent of Section 307 in order to prevent discrimination on the basis of citizenship status or national origin in the verification of employment eligibility: military departments as defined in Section 102 of Title 5 [United States Code], executive agencies as defined in Section 105 of Title 5 [United States Code](including employees and applicants for employment who are paid from nonappropriated funds), the United States Postal Service and the Postal Regulatory Commission, those units of the Government of the District of Columbia having positions in the competitive service, those units in the judicial branch of the federal government having positions in the competitive service, the Smithsonian Institution, the Government
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Printing Office, the Government Accountability Office, and the Library of Congress. (b) 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, except that the amendment made by clause (a)(3)(B)(ii) of this section (amending section 274B(g)(2)(B)(iv) of the Immigration and Nationality Act) shall take effect on the date that is one year after the date of enactment of this Act and apply to violations occurring on or after such date. SEC. 307. AUTHORIZATION OF APPROPRIATIONS. (a) There are authorized to be appropriated to the Secretary of Homeland Security such sums as may be necessary to carry out the provisions of this title, and the amendments made by this title, including the following appropriations: (1) In each of the five years beginning on the date of the enactment of this Act, the appropriations necessary to increase to a level not less than 4500, by the end of such five-year period, the total number of personnel of the Department of Homeland Security assigned exclusively or principally to an office or offices in U.S. Citizenship and Immigration Services and U.S. Immigration and Customs Enforcement (and consistent with the missions of such agencies), dedicated to administering the System, and monitoring and enforcing compliance with sections 274A, 274B and 274C of the Immigration and Nationality Act (8 U.S.C. 1324a and 1324c), including compliance with the requirements of the System. These personnel shall perform compliance and monitoring functions, including the following: (A) Verify compliance of employers participating in the System with the requirements for participation that are prescribed by the Secretary.
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(B) Monitor the System for multiple uses of Social Security Numbers and immigration identification numbers that could indicate identity theft or fraud. (C) Monitor the System to identify discriminatory or unfair practices. (D) Monitor the System to identify employers who are not using the system properly, including employers who fail to make available appropriate records with respect to their queries and any notices of confirmation, nonconfirmation, or further action. (E) Identify instances where employees allege that an employer violated their privacy or civil rights, or misused the System, and create procedures for employees to report such allegations. (F) Analyze and audit the use of the System and the data obtained through the System to identify fraud trends, including fraud trends across industries, geographical areas, or employer size. (G) Analyze and audit the use of the System and the data obtained through the System to develop compliance tools as necessary to respond to changing patterns of fraud. (H) Provide employers with additional training and other information on the proper use of the System, including but not limited to privacy training and employee rights. (I) Perform threshold evaluation of cases for referral to the Office to Combat Immigration-Related Employment Discrimination or the Equal Employment Opportunity Commission, and other officials or agencies with responsibility for enforcing anti-discrimination, civil rights, privacy, or worker protection laws, as may be appropriate.
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(J) Any other compliance and monitoring activities that, in the Secretarys judgment, are necessary to ensure the functioning of the System. (K) Investigate identity theft and fraud detected through the System and undertake the necessary enforcement or referral actions. (L) Investigate use of or access to fraudulent documents and undertake the necessary enforcement actions. (M) Perform any other investigations that, in the Secretary's judgment, are necessary to ensure the lawful functioning of the System, and undertake any enforcement actions necessary as a result of these investigations. (2) The appropriations necessary to acquire, install and maintain technological equipment necessary to support the functioning of the System and the connectivity between U.S. Citizenship and Immigration Services and U.S. Immigration and Customs Enforcement, Department of Justice, and other agencies or officials with respect to the sharing of information to support the System and related immigration enforcement actions. (3) The appropriations necessary to establish a robust redress process for employees who wish to appeal contested nonconfirmations to ensure the accuracy and fairness of the System. (4) The appropriations necessary to provide a means by which individuals may access their own employment authorization data to ensure its accuracy independent of their employer. (5) The appropriations necessary to conduct the pilot program described in section 310 of this Act.
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(6) The appropriations necessary to establish a Joint Employment Fraud Task Force to promote employer compliance with the system and ensure a coordinated response to noncompliance. (7) The appropriations necessary for the Office for Civil Rights and Civil Liberties and the Office of Privacy to perform their responsibilities as they relate to the System. (8) The appropriations necessary to make grants to states to support them in assisting the federal government in carrying out the provisions of this title. (b) There are authorized to be appropriated to the Commissioner of Social Security such sums as may be necessary to carry out the provisions of this title. In no case shall the Commissioner expend funds from the Old Age and Survivors Trust Fund or the Disability Trust Fund for expenses related to administration of this title. (c) There are authorized to be appropriated to the Attorney General such sums as may be necessary to carry out the provisions of this title, including enforcing compliance with section 274B of the Act, as amended by section 307 of this Act. (d) There are authorized to be appropriated to the Secretary of State such sums as may be necessary to carry out the provisions of this title. SEC. 308 VOLUNTARY PILOT PROGRAM ON IDENTITY AUTHENTICATION. (a) In General. -- The Secretary shall conduct an identity assurance pilot program to evaluate one or more methods of authenticating an individuals identity and using the authenticated identity for employment eligibility verification purposes. (b) Authority for Pilot Program.-- The Secretary may, on a geographic or employment sector basis, or as otherwise determined in her discretion to be necessary to achieve the goals of the pilot program described in subsection (a), make the pilot program available to employers and may modify the
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requirements of section 274A(d) for employers participating in the pilot program. (c) Information Collection. -- Notwithstanding any other law, the Secretary may, either directly or using another suitable private or public sector entity, collect and maintain personal information of individuals hired by employers participating in the pilot program described in subsection (a), provided that such information is used only for purposes of the pilot program and is destroyed no later than the date that is 30 days after the report described in subsection (d) of this section is submitted to Congress. (d) Report. -- Not later than the date that is two years after the date of enactment of this Act, the Secretary shall report to Congress on the results of the pilot program described in subsection (a). SEC. 309. REGULATIONS. (a) INTERIM FINAL REGULATIONS- Not later than 1 year after the date of enactment of the [name of act], the Secretary, in consultation with the Commissioner, shall publish regulations implementing this subtitle. Such regulations shall be effective immediately on an interim basis, but are subject to change and revision after public notice and opportunity for a period for public comment. (b)FINAL REGULATIONS- Within a reasonable time after publication of the interim regulations in accordance with subsection (a), the Secretary, in consultation with the Commissioner, shall publish final regulations implementing this subtitle.
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SUBTITLE XI PROTECTING AMERICAN WORKERS

SEC. 310. CONTINUED APPLICATION OF REMEDIES. `(a) Remedies- Neither backpay nor any other remedies arising under a federal, state, or local law concerning workplace rights as defined in section
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274A(e)(10)(B)(iv)(III) of the INA or other causes of action giving rise to liability, except any reinstatement remedy prohibited by federal law, shall be denied to an individual on account of-`(1) the employer's or the employees failure to comply with the requirements of this section in establishing or maintaining the employment relationship; the employees or employers failure to comply with the provisions of federal law related to the employment verification system set forth in this section or' `(2) the employee's status as an unauthorized alien during employment or after termination of employment. Reinstatement and all appropriate relief shall be available to individuals who are lawfully present at the time of the effectuation of relief or who lost work authorization due to the unlawful acts of the employer and for whom reinstatement would restore work authorization. SEC. 311. VICTIMS OF SERIOUS LABOR AND EMPLOYMENT VIOLATIONS OR CRIME. (a) Protection for Victims of Labor and Employment Violations- Section 101(a)(15)(U) (8 U.S.C. 1101(a)(15)(U)) is amended-(1) in clause (i)-(A) by amending subclause (I) to read as follows: `(I) the alien-`(aa) has suffered substantial abuse or harm as a result of having been a victim of criminal activity described in clause (iii) or of a covered violation described in clause (iv); or;
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`(bb) is a victim of criminal activity described in clause (iii) or of a covered violation described in clause (iv) and would suffer extreme hardship upon removal; (B) in subclause (II), by inserting `, or a covered violation resulting in a claim described in clause (iv)' before the semicolon at the end; (C) in subclause (III)-(i) by striking òr 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 to any federal, state or local governmental agency investigating, prosecuting, or seeking civil remedies for any cause of action, whether criminal, civil, or administrative, arising from a covered violation described in clause (iv) and presents a sworn affidavit from such federal, state or local governmental agency attesting that the alien has been helpful, is being helpful, or is likely to be helpful to such agency in the investigation, prosecution, or adjudication arising from a covered violation described in clause (iv) before the semicolon at the end; and (D) by striking subclause (IV) and inserting-` the criminal activity described in clause (iii) or the covered violation described in clause (iv) violated the laws of the United States and occurred in the United States (including in Indian For Discussion Purposes Only Do Not Distribute 85
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country and military installations) or the territories and possessions of the United States; (2) in clause (ii)(II), by striking ànd' at the end; (3) by moving clause (iii) 2 ems to the left; (4) in clause (iii), by adding fraud in foreign labor contracting; after prostitution; and striking òr' at the end and inserting ànd'; and (5) by adding at the end the following: `(iv) a covered violation referred to in this clause is: (AA) any violation involving one or more of the following or any similar activity in violation of any Federal, State, or local law: applicable Federal, State, or Local labor or employment laws, including laws concerning wages and hours, benefits and employment standards, labor relations, workplace health and safety or work-related injuries, workplace non-discrimination, workplace equal opportunity, and retaliation for exercising rights under any of these laws; (BB) any violation giving rise to a civil cause of action pursuant to 18 U.S.C. section 1595; or (CC) any violation of a Federal, State, or local law prohibiting discrimination based on race, sex, color, national origin, age, religion, familial status, or disability, or retaliation for exercising rights under any of these laws. Nothing in this definition shall be construed as altering the definition of retaliation or discrimination under any other law. ; or'. (b) Temporary Protection for Victims of Crime, Labor, and Employment Violations- Notwithstanding any other provision of law, the Secretary may permit an alien to temporarily remain in the United States and grant the alien employment authorization if the Secretary determines that the alien--
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(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 claim or proceedings resulting from a covered violation (as defined in section 274A(e)(10)(B)(iii)(II) or (III) 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 in the investigation, prosecution of or pursuit of civil remedies related to the claim arising from a covered violation. (c) Conforming Amendments- Section 214(p) (8 U.S.C. 1184(p)) is amended-(1) in paragraph (1), by inserting òr investigating, prosecuting, or seeking civil remedies for claims resulting from a covered violation described in section 101(a)(15)(U)(iv)' after `section 101(a)(15)(U)(iii)' each place such term appears; and (3) in paragraph (6)--
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(A) by inserting òr claims resulting from a covered violation described in section 101(a)(15)(U)(iv)' after `described in section 101(a)(15)(U)(iii)'; and (B) by inserting òr claim arising from a covered violation' after `prosecution of such criminal activity'. (d) Adjustment of Status for Victims of Crimes- Section 245(m)(1) (8 U.S.C. 1255(m)(1)) is amended by inserting òr an investigation or prosecution regarding a workplace or civil rights 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 àbuse and the criminal activity or workplace claim;'; (2) in subparagraph (F), by striking the comma the end and inserting `; or'; and (3) by inserting after subparagraph (F) the following: `(G) the alien's employer,'. SEC. 312. LABOR ENFORCEMENT ACTIONS. (a) Removal Proceedings- Section 239(e) (8 U.S.C. 1229(e)) is amended-(1) in paragraph (1)-(A) by striking Ìn cases where' and inserting Ìf'; and (B) by inserting òr as a result of information provided to the Department of Homeland Security in retaliation against
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individuals for exercising or attempting to exercise their workplace rights or other legal rights' after `paragraph (2)'; and (2) in paragraph (2), by adding at the end the following: `(C) At a facility about which a workplace claim has been filed or is contemporaneously filed.'. (b) Unlawful Employment of Aliens- Section 274A(e) (8 U.S.C. 1324a(e)) is amended by adding at the end the following: `(10) CONDUCT IN ENFORCEMENT ACTIONS`(A) ENFORCEMENT ACTION- If the Department of Homeland Security undertakes an enforcement action at a facility about which a workplace claim has been filed or is contemporaneously filed, or as a result of information provided to the Department in retaliation against employees for exercising their rights related to a workplace claim, the Department shall ensure that-`(i) any aliens arrested or detained who are necessary for the investigation or prosecution of workplace claim violations or criminal activity (as described in subparagraph (T) or (U) of section 101(a)(15)) are not removed from the United States until after the Department-`(I) notifies the appropriate law enforcement agency with jurisdiction over such violations or criminal activity; and `(II) provides such agency with the opportunity to interview such aliens; and
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`(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-The Secretary of Homeland Security, in consultation with the Department of Labor shall jointly promulgate regulations that establish a process by which an alien against whom removal proceedings have been initiated under chapter 4 of title II, who (i) has filed or contemporaneously files a nonfrivolous workplace claim; (ii) who is a material witness in any pending or anticipated proceeding involving a bona fide workplace claim or right (as certified by the relevant agency of jurisdiction or presiding judge): or (iii)who has filed for relief under section 101(a)(15)(U) may, at the Secretarys discretion, be entitled to a stay of removal or an abeyance of removal proceedings and to employment authorization for a period of up to three years or 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 sooner. Such period may be extended by the Secretary for an additional period of up to three years if, in the Secretarys judgment extension would be necessary for (I) 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) to otherwise further interests of justice.
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Comment [A3]: These definitions should cover sections 310, 311 and 312
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`(iv) DEFINITIONS- In this section: `(I) MATERIAL WITNESS- Notwithstanding any other provision of law, the term `material witness' means an individual who presents a declaration from an attorney investigating, prosecuting, or defending the workplace claim or from the presiding officer overseeing the workplace claim attesting that, to the best of the declarant's knowledge and belief, reasonable cause exists to believe that the testimony of the individual will be relevant to the outcome of the workplace claim. `(II) WORKPLACE CLAIM- The term `workplace claim' means any claim, petition, charge, complaint, or grievance filed with, communicated to, or submitted to, a Federal, State, or local agency or court, related to the violation of applicable Federal, State, or local labor or employment laws, including laws concerning wages and hours, benefits and employment standards, labor relations, workplace health and safety or work-related injuries, nondiscrimination and retaliation for exercising rights under these laws. This definition does not alter what constitutes retaliation or discrimination under any other laws. (III) WORKPLACE RIGHTS The term workplace rights means rights arising under Federal, state, or local labor or employment laws, including laws concerning wages and hours, benefits and employment standards, labor relations, Workplace health and safety or, work-related injuries, nondiscrimination, and retaliation for exercising rights under these laws. SEC. 313 . ENFORCEMENT OF LABOR LAW (a) In those cases where a civil violation of a Federal law relating to workplace rights as defined in section 274A(e)(10)(B)(iv)(III) of the INA has been found, including a finding by the agency enforcing such law in the course of a final settlement of such violation, and such violation took place
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with respect to an unauthorized worker, there may be imposed an additional civil penalty of up to $5,000 per worker. Such funds shall be deposited into the Labor Law Enforcement Fund. (b) Labor Law Enforcement Fund.--Section 286 of the Immigration and Nationality Act (8 U.S.C. 1356), as amended by sections 302 and 403(b), is further amended by adding at the end the following new subsection: ``(1) Labor Law Enforcement Fund. ``(i) IN GENERAL.--There is established in the general fund of the Treasury, a separate account, which shall be known as the `Labor Law Enforcement Fund' (referred to in this subsection as the `Fund'). ``(ii) DEPOSITS.--There shall be deposited as offsetting receipts into the Fund penalties imposed in subsection (a). ``(iii) PURPOSE.--Amounts deposited in the Fund shall be made available to the Secretary of Labor to ensure compliance with workplace laws, including by random audits of such employers, in industries that have a history of significant employment unauthorized workers or non-immigrant workers pursuant to sections 101(a)(15)(H)(ii)(a) or (b). SEC. 314 . PROTECTIONS FOR MIGRANT AND SEASONAL LABORERS Section 1851 of Title 29 is amended as follows: Subsection (a) is amended to read:
" (i) Except as otherwise provided in this section, any person who willfully and knowingly violates this chapter or any regulation under this chapter shall be fined not more than $1,000 or sentenced to prison for a term not to exceed one year, or both. Upon conviction for any subsequent violation of this chapter or any regulation under this chapter, the defendant shall be fined not more than $10,000 or sentenced to prison for a term not to exceed three years, or both; For Discussion Purposes Only Do Not Distribute 92
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(ii) any person who knowingly destroys, conceals, removes, confiscates, or possesses any actual or purported passport or other immigration document, or any other actual or purported government identification document of another person or threatens to do so in furtherance of a violation of the Chapter shall be fined under Title 18, imprisoned not more than three years, or both; (iii) any person who knowingly restricts or attempts to prevent or restrict, without lawful authority, a persons liberty to move or travel, so in furtherance of a violation of the Chapter, shall be fined under Title 18, imprisoned not more than five years, or both; (iv) and if bodily injury results from the acts committed in violation of this Chapter or if such acts include sexual abuse or an attempt to commit sexual abuse or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, the defendant shall be fined under Title 18, imprisoned not more than ten years, or both; (v) and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, the defendant shall be fined under Title 18, imprisoned for any term of years or for life, or both; (vi) Except to the extent that a greater maximum penalty is otherwise provided in this section, upon conviction for any subsequent violation of this chapter or any regulation under this chapter, the defendant shall be fined under Title 18, imprisoned not more three years, or both."
And by adding at the end:
(c) Any person who knowingly and with intent to defraud violates sections 1821(a), 1821(f), 1831(a), or 1831(f) of this Title, or who knowingly and willfully violates section 1822 or section 1832 of this Title, shall be fined under Title 18, imprisoned not more than five years, or both."
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(d) Any person who obstructs, attempts to obstruct, interferes with or prevents the enforcement of this section, shall be subject to the same fines and penalties as those prescribed for the underlying offense. "SEC. 315 . DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION. (a) IN GENERAL. Pursuant to the authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall promulgate sentencing guidelines or amend existing sentencing guidelines to provide for increased penalties for persons convicted of offenses under sections 274A of the Immigration and Nationality Act (as amended by this Act), section 1851 of the Migrant and Seasonal Agricultural Worker Protection Act, 216 of the Fair Labor Standards Act and any other provisions of law covering similar conduct in order to reflect the intent of Congress that such penalties be increased in comparison to those currently provided by such guidelines and policy statements. (b) REQUIREMENTS. In carrying out this section, the Sentencing Commission shall provide sentencing enhancements for any person convicted of an offense described in subsection (a) when such offense(s) involves a. Confiscation of identification documents b. Corruption, bribery, extortion, or robbery; c. Sexual abuse; d. Serious bodily injury; e. An intent to defraud;
f. A pattern of conduct involving multiple violations of law that creates a risk to the health or safety to any victim; or g. A pattern of conduct involving multiple violations of law that denies payments due to victims for work completed.
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SEC. 317 . CONFIDENTIALITY FOR VICTIMS OF CRIME. (a) Subsection (a) of section 1367 of Title 8 of the United States Code is amended to add or, with respect to subsections (1)(E) and (F) and subsection (2),any other official or employee of a certifying agency after (including any bureau or agency of either of such Departments). (b) Subsection (a)(2) of section 1367 of Title 8 of the United States Code is amended to delete who is a beneficiary of an application and add applying for after any information which relates to an alien. (c) Subsection (b) of section 1367 of Title 8 of the United States Code is amended to delete the word battered before individuals. (d) A new subsection is added to the end of section 1367(b) of Title 8 of the United States Code as follows: (8) Subsection(a)(2) of this section shall not be construed to prevent the disclosure of information that prosecutors must disclose in order to comply with constitutional obligations to provide statements by witnesses and certain other documents to defendants in pending federal criminal proceedings, nor shall it be construed to prevent the disclosure of information in civil proceedings where a judge orders that such information be disclosed in connection with a witness testifying in that proceeding. However, all information disclosed during litigation pursuant to this exception for any purpose other than the purpose ordered in the proceeding and may not be disclosed to any non-required party. Such information must be filed under seal, with all personally identifying information redacted except the witnesss first name, and must be required to return all copies to disclosing party at the conclusion of the proceeding.
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On 02/18/13 the Miami Herald obtained three separate immigration reform bills drafted by the White House.

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SUBTITLE A INVESTING IN BORDER SECURITY AND INFRASTRUCTURE

SEC. 114. SEC. 115. SEC. 116.

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SEC. 152. SEC. 153.

SUBTITLE D-STRENGTHENING THE IMMIGRATION COURT SYSTEM

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inserting ; and; and

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SUBTITLE B BUILDING A FAIR AND FIRM ENFORCEMENT SYSTEM

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AILA InfoNet Doc. No. 13021945. (Posted 2/19/13)

AILA InfoNet Doc. No. 13021945. (Posted 2/19/13)

For Discussion Purposes Only Do Not Distribute

AILA InfoNet Doc. No. 13021945. (Posted 2/19/13)

AILA InfoNet Doc. No. 13021945. (Posted 2/19/13)

AILA InfoNet Doc. No. 13021945. (Posted 2/19/13)

AILA InfoNet Doc. No. 13021945. (Posted 2/19/13)

AILA InfoNet Doc. No. 13021945. (Posted 2/19/13)

For Discussion Purposes Only Do Not Distribute

AILA InfoNet Doc. No. 13021945. (Posted 2/19/13)

AILA InfoNet Doc. No. 13021945. (Posted 2/19/13)