Comprehensive Immigration Reform Act of 2011

The term Department means the Department of Homeland Security.

The term Northern border means the international land border between the United States and Canada.

The term Secretary means the Secretary of Homeland Security.

The term Southern border means the international land border between the United States and Mexico.

Notwithstanding any other provision of law, the Secretary may grant lawful prospective immigrant status to an alien who—

(A) submits an application for such status; and

(B) meets the requirements under this section.

An applicant for lawful prospective immigrant status under this section shall be treated as an applicant for admission to the United States.

Except as provided in paragraph (3), an alien may not be granted lawful prospective immigrant status if the alien is inadmissible under section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)).

An alien may not be granted lawful prospective immigrant status under this section unless the alien—

(i) is physically present in the United States on the date on which alien applies for such status;

(ii) was physically present in the United States before June 1, 2011; and

(iii) has maintained continuous physical presence in the United States between June 1, 2011 and the date on which the alien is granted such status.

An alien is ineligible for lawful prospective immigrant status under this section if the Secretary determines that the alien—

(i) was convicted of any offense under Federal or State law punishable with a maximum term of imprisonment of more than 1 year;

(ii) is a person described in subparagraph (A)(iii), (E)(i), or (E)(ii) of section 237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2));

(iii) ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion;

(iv) is entering, has entered, or has attempted to enter, the United States illegally on or after June 1, 2011; or

(v) was, as of June 1, 2011—

(I) an alien lawfully admitted for permanent residence;

(II) an alien granted asylum under section 208 of the Immigration and Nationality Act or admitted as a refugee under section 207 of such Act;

(III) an alien who, according to the records of the Secretary, and notwithstanding any unauthorized employment or other violation of nonimmigrant status—

(aa) is in a period of authorized stay in any nonimmigrant status (other than an alien considered to be in a nonimmigrant status solely by reason of section 244(f)(4) of such Act); and

(bb) has been in the United States in a nonimmigrant status for 5 consecutive years;

(IV) an alien paroled into the United States under section 212(d)(5) of such Act for purposes of prosecution or of serving as a witness in proceedings being, or to be, conducted by judicial, administrative, or legislative bodies in the United States; or

(V) an alien paroled into the Commonwealth of the Northern Mariana Islands.

For purposes of determining ineligibility under this paragraph, section 101(a)(48) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(48)) shall apply to determinations of conviction or sentencing for an offense.

In determining an alien's admissibility under paragraph (1)(B)—

(i) section 212(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)) shall not apply;

(ii) paragraphs (6)(A), (6)(B), (6)(C), (6)(D), (6)(F), (6)(G), (7), (9), and (10)(B) of section 212(a) of such Act shall not apply with regard to conduct or unlawful presence occurring before the date of application;

(iii) the Secretary may not waive—

(I) subparagraphs (B), (C), (D)(ii), (E), (H), (I), or (J) of section 212(a)(2) of such Act (relating to criminals);

(II) section 212(a)(3) of such Act (relating to security and related grounds);

(III) subparagraphs (A), (C), or (D) of section 212(a)(10) of such Act (relating to polygamists and child abductors); or

(IV) paragraph (6)(A)(i) of section 212(a) of such Act (with respect to any entries occurring on or after June 1, 2011); and

(iv) the Secretary may waive the application of any provision under section 212(a) of such Act not listed under clause (iii) on behalf of an individual alien for humanitarian purposes, to ensure family unity, or if such waiver is otherwise in the public interest.

Nothing in this paragraph may be construed to—

(i) require the Secretary to commence removal proceedings against an alien; or

(ii) affect the authority of the Secretary other than under this paragraph to waive the provisions of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)).

Any absence from the United States without authorization pursuant to subsection (d)(1) shall constitute a break in continuous physical presence.

Sections 208(d)(6) and 240B(d) of the Immigration and Nationality Act (8 U.S.C. 1158(d)(6) and 1229c(d)) shall not apply to an alien with respect to an application for lawful prospective immigrant status under this section.

In accordance with the rulemaking procedures described in section 121—

(i) the Secretary shall prescribe by interim final rule published in the Federal Register—

(I) the procedures for an alien in the United States to apply for lawful prospective immigrant status;

(II) the procedures for an alien granted lawful prospective immigrant status to petition for a spouse or child outside the United States to be classified as a lawful prospective immigrant; and

(III) the evidence required to demonstrate eligibility for such status, or otherwise required as part of the application, including information about the alien’s spouse or children; and

(ii) the Secretary of State shall prescribe by regulation published in the Federal Register—

(I) the procedures for an alien overseas who is the beneficiary of an approved petition for lawful prospective immigrant status to apply at a consulate for a visa or other appropriate documentation authorizing travel to a United States port of entry; and

(II) the evidence required to demonstrate eligibility for such documentation.

The Secretary shall accept applications from aliens in the United States for lawful prospective immigrant status during the 1-year period beginning on the first day of the tenth month that begins after the date of the enactment of this Act. If the Secretary determines, during such 1-year period, that additional time is required to process applications for such status or for other good cause, the Secretary may extend the period for accepting applications by not more than 6 additional months.

If an alien who is apprehended during the application period set forth in subparagraph (B) can establish prima facie eligibility for lawful prospective immigrant status under this section, the Secretary shall provide the alien with a reasonable opportunity to file an application under this section after regulations implementing this section are promulgated.

Notwithstanding any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)—

(i) if the Secretary determines that an alien, during the application period set forth in subparagraph (B), is in removal, deportation, or exclusion proceedings before the Executive Office for Immigration Review and is prima facie eligible for lawful prospective immigrant status under this section—

(I) the Secretary shall notify the Executive Office for Immigration Review of such determination; and

(II) upon the consent of the alien, the Executive Office for Immigration Review shall—

(aa) terminate such proceedings without prejudice to future proceedings on any basis; and

(bb) provide the alien a reasonable opportunity to apply for such status; and

(ii) if the Executive Office for Immigration Review determines that an alien, during the application period set forth in subparagraph (B), is in removal, deportation, or exclusion proceedings before the Executive Office for Immigration Review and is prima facie eligible for lawful prospective immigrant status under this section—

(I) the Executive Office of Immigration Review shall notify the Secretary of such determination; and

(II) if the Secretary does not dispute the determination of prima facie eligibility within 14 days, the Executive Office for Immigration Review, upon consent of the alien, shall—

(aa) terminate such proceedings without prejudice to future proceedings on any basis; and

(bb) permit the alien a reasonable opportunity to apply for such status.

An alien who is present in the United States and has been ordered excluded, deported, or removed, or ordered to depart voluntarily from the United States under any provision of the Act—

(I) notwithstanding such order or section 241(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1231(a)(5)), may apply for lawful prospective immigrant status under this section if the alien meets all of the other conditions set forth in this section; and

(II) shall not be required to file a separate motion to reopen, reconsider, or vacate the exclusion, deportation, removal, or voluntary departure order.

If the Secretary grants lawful prospective immigrant status to an alien under this section, the order against the alien described in clause (i) shall be rendered null and void by operation of law.

If the Secretary renders a final administrative decision to deny an alien's application for lawful prospective immigrant status under this section, the order described in clause (i) shall be effective and enforceable to the same extent as if the application had not been made.

The Secretary shall create an application form that an alien shall be required to complete to be granted lawful prospective immigrant status.

The Secretary shall make available forms and accompanying instructions in the most common languages spoken by persons in the United States, as determined by the Secretary. The Secretary shall create a plan for providing reasonable accommodation to individuals with disabilities in accordance with applicable law.

The application form created under this paragraph shall request such information as the Secretary determines necessary and appropriate. The application, and all information submitted as part of the application process, shall be submitted in English.

The Secretary may not grant lawful prospective immigrant status to an alien unless the alien submits biometric and biographic data in accordance with procedures established by the Secretary, or, with respect to overseas applications for visas or other documentation of status submitted pursuant to regulations promulgated under section 601(c)(1)(A)(ii), by the Secretary of State. The Secretary shall provide an alternative procedure for applicants who cannot provide the standard biometric data because of a physical impairment.

Before granting lawful prospective immigrant status to any alien, the Secretary shall complete, to the satisfaction of the Secretary, security and law enforcement background checks on the alien, utilizing biometric, biographic, and other data that the Secretary determines to be appropriate, to determine the existence of any criminal, national security, or other factors that would render the alien ineligible for status under this section.

Aliens older than 14 years of age who are applying for lawful prospective immigrant status, applying for an extension of such status, or petitioning for classification of a spouse or child outside the United States as a lawful prospective immigrant, shall be required to pay a processing fee to the Department of Homeland Security. Spouses or children of lawful prospective immigrants applying at United States embassies or consulates for a visa or other documentation of status pursuant to regulations promulgated under paragraph (1)(A)(ii) shall, regardless of age, be required to pay a processing fee to the Department of State, which may not be waived.

The amount of the fees under clause (i) shall be set by regulation at a level sufficient to recover the full cost of processing the application or petition.

Aliens older than 21 years of age who are filing an initial application for the first extension of the initial period of lawful prospective immigrant status shall be required to pay a penalty of $500 in addition to the processing fee required under subparagraph (A).

The processing fees required under subparagraph (A) shall be deposited as an offsetting collection in the appropriate account of the relevant agency identified in subparagraph (A)(i) and shall remain available until expended.

The penalty described in subparagraph (B) shall be deposited and remain available as provided under section 166.

The Secretary may interview an applicant for lawful prospective immigrant status to determine eligibility for such status.

The Secretary may issue documentation of lawful prospective immigrant status, or documentation extending such status, upon—

(i) receiving an application that establishes to the satisfaction of the Secretary that the applicant is eligible for such status through such documentary or other evidence of eligibility as the Secretary may require; and

(ii) completing all background and security checks to the satisfaction of the Secretary.

An alien who is applying for lawful prospective immigrant status under this section shall prove, by a preponderance of the evidence, that the alien has satisfied the requirements of this section and is eligible to receive such status.

If an applicant does not meet the eligibility requirements for lawful prospective immigrant status, or for the extension of such status, the Secretary shall deny any application for such status or extension filed by the applicant until the applicant meets such requirements.

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.

An alien whose application for lawful prospective immigrant status is denied under clause (ii) is not precluded from filing a new application if the new application is filed within the period allowed under paragraph (1)(B) and contains all required fees and penalties.

The Secretary shall issue documentary evidence of lawful prospective immigrant status to each alien whose application for such status has been approved—

(i) after final adjudication of such alien's application for such status; or

(ii) in the case of an alien outside the United States, after admission to the United States as a lawful prospective immigrant.

Documentary evidence provided under subparagraph (A)—

(i) shall be machine-readable and tamper-resistant;

(ii) shall contain a digitized photograph and at least 1 other biometric identifier that can be authenticated;

(iii) shall, during the alien's authorized period of admission under paragraphs (3) and (4) of subsection (e), serve as a valid travel and entry document for the purpose of applying for admission to the United States;

(iv) may be accepted during the period of its validity by an employer as evidence of employment authorization and identity under section 274A(b)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1324a(b)(1)(B)); and

(v) shall include such other features and information prescribed by the Secretary.

The Secretary may classify an alien not present in the United States as a lawful prospective immigrant if—

(A) the alien is the spouse (as defined in section 101(a)(35) of the Immigration and Nationality Act) or child (as defined in section 101(b)(1) of such Act) of a lawful prospective immigrant;

(B) the spouse or child meets the eligibility requirements under subsection (b) (other than the physical presence requirements under section (b)(1)(C)), except that section 212(a)(7) of the Act shall apply; and

(C) the lawful prospective immigrant files a petition in the United States for status as a lawful prospective immigrant on behalf of the spouse or child.

A petition for classification as a lawful prospective immigrant filed on behalf of a spouse or child described in paragraph (1) shall be denied, an approved petition for classification as a lawful prospective immigrant for such spouse or child shall be revoked, and any lawful prospective immigrant status granted to such spouse or child shall be revoked, if the alien who filed the petition on behalf of the spouse or child was not eligible for lawful prospective immigrant status at the time the alien filed an application under section 111(a).

Until a final decision on the application for lawful prospective immigrant status, an alien in the United States who files an application under this section for lawful prospective immigrant status—

(i) may in the Secretary's discretion receive advance parole to re-enter the United States, but only when urgent humanitarian circumstances compel such travel; and

(ii) may not be detained by the Secretary or removed from the United States, unless the Secretary determines, in the Secretary's sole discretion, that such alien is or has become—

(I) ineligible for lawful prospective immigrant status under section (b)(2);

(II) inadmissible under section (b)(1)(B), without regard to the possibility of a waiver under section (b)(3)(A)(iii); or

(III) removable under subparagraph (A)(iii), (E)(i), or (E)(ii) of section 237 of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)).

Nothing in this section may be construed to prevent the Secretary from detaining an alien for up to 48 hours on the basis of probable cause that the alien is a person described in subparagraph (A)(ii). After the conclusion of the 48-hour period, detention is authorized in accordance with the provisions of the Immigration and Nationality Act governing the removal process.

A document shall be issued by the Secretary showing receipt of an application for lawful prospective immigrant status.

An employer who knows that an alien employee is an applicant for lawful prospective immigrant status is not in violation of section 274A(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1324a(a)(2)) if the employer continues to employ the alien pending adjudication of the application.

Section 101(g) of such Act shall not apply to an alien granted advance permission under subparagraph (A)(ii) to reenter the United States.

Notwithstanding any other provision of law, including section 241(a)(7) of the Immigration and Nationality Act (8 U.S.C. 1231(a)(7)), lawful prospective immigrants shall be granted employment authorization incident to their lawful prospective immigrant status.

A lawful prospective immigrant may travel outside of the United States and may be admitted (if otherwise admissible) upon return to the United States without having to obtain a visa if—

(I) the alien is the bearer of valid, unexpired documentary evidence of lawful prospective immigrant status that satisfies the conditions set forth in subsection (c)(7);

(II) the alien’s absence from the United States was not for a period exceeding 6 months; and

(III) the alien is not subject to the bars on extension described in paragraph (4)(C).

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).

Time spent outside the United States under clause (i) shall not extend the most recent period of authorized admission in the United States under paragraph (3).

A lawful prospective immigrant may not be detained by the Secretary or removed from the United States, unless—

(i) the Secretary determines in her discretion that such alien is or has become—

(I) ineligible for lawful prospective immigrant status under subsection (b)(2);

(II) inadmissible under subsection (b)(1)(B); or

(III) removable under subparagraph (A)(iii), (E)(i), or (E)(ii) of section 237 of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)); or

(ii) the alien’s lawful prospective immigrant status has expired or has been revoked under paragraph (6).

Nothing in this paragraph may be construed to prevent the Secretary from detaining a lawful prospective immigrant for up to 48 hours on the basis of probable cause that the alien is a person described in subparagraph (C)(i). After the conclusion of such 48-hour period, detention is authorized in accordance with the provisions of the Immigration and Nationality Act governing the removal process.

An alien granted status as a lawful prospective immigrant shall be considered to have been admitted in lawful prospective immigrant status as of the date of approval of the alien’s application or (in the case of an alien outside the United States) on the date such alien is admitted to the United States, whichever is later. An alien in lawful prospective immigrant status is lawfully admitted, but is not a nonimmigrant or an alien who has been lawfully admitted for permanent residence.

Except as provided under paragraph (4), the initial period of authorized admission for a lawful prospective immigrant may not exceed 4 years from the date on which such status is conferred. The Secretary may in her discretion provide for shorter expiration dates among subsets of lawful prospective immigrants, based upon the date of filing or other appropriate factors, in order to encourage early filing, vary expiration dates, or otherwise improve the administration of the program.

The Secretary may extend a lawful prospective immigrant’s period of lawful admission beyond the initial period described in paragraph (3) only where the lawful prospective immigrant has filed, in the United States, a timely application for extension. In no case, however, may the period of authorized admission provided in any such extension extend past the date that is 11 years after the date of enactment of this Act.

In order to be eligible for an extension of the period of authorized admission under this paragraph, an alien shall demonstrate continuing eligibility for status as a lawful prospective immigrant and not be subject to any of the bars to extension in subparagraph (C).

A lawful prospective immigrant shall not be eligible to extend such status if—

(i) the alien has violated any term or condition of his or her lawful prospective immigrant status; or

(ii) the period of authorized admission of the lawful prospective immigrant has expired or been revoked for any reason.

Except as provided in clause (ii), an extension of status under this subparagraph shall not be approved where status as a lawful prospective immigrant expired or was revoked before the date on which the application was filed.

Failure to file before the period of previously authorized admission expired or was revoked may be excused in the discretion of the Secretary, with any extension granted from the date the previously authorized period of admission expired, where it is demonstrated at the time of filing that—

(I) the delay was due to extraordinary circumstances beyond the control of the applicant, and the Secretary finds the delay commensurate with the circumstances; and

(II) the alien has not otherwise violated the terms or conditions of his or her status as a lawful prospective immigrant.

An alien applying for extension of status as a lawful prospective immigrant shall be required to submit to renewed security and law enforcement background checks that shall be completed to the satisfaction of the Secretary before such extension may be granted.

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.

Chapter 7 of title II of the Immigration and Nationality Act (8 U.S.C. 1301 et seq.) shall apply to lawful prospective immigrants, except that the Secretary may, in the discretion of the Secretary, excuse a delay of up to 90 days in complying with the requirement under section 265 of such Act to file notice of change of address. An alien whose failure to timely file such notice of an address change has been excused by the Secretary shall not be subject to the penalty under section 266(b) of such Act for that failure.

At any time after an alien has been granted lawful prospective immigrant status but has not yet adjusted from such status to that of an alien lawfully admitted for permanent residence under section 112, the Secretary may revoke the alien's status following appropriate notice to the alien and exhaustion or waiver of all applicable administrative review procedures under section 113, if—

(i) the alien is or has become inadmissible under subsection (b)(1)(B) or ineligible for such status under subsection (b)(2);

(ii) the alien knowingly used documentation issued under this section for unlawful or fraudulent purposes; or

(iii) the alien is or was absent from the United States for any single period of more than 6 months since the grant of lawful prospective immigrant status.

In considering revocation, the Secretary may require the alien to submit additional evidence or to appear for an interview. A failure to comply with such requirements will result in revocation except where the alien demonstrates to the Secretary’s satisfaction that such failure was reasonably excusable and not willful.

Any documentation that is issued by the Secretary under subsection (c)(7) to any alien shall automatically be rendered invalid for any purpose except departure, if the alien’s status as a lawful prospective immigrant is revoked under subparagraph (A).

A lawful prospective immigrant is required to undergo medical observation and examination. The Secretary, with the concurrence of the Secretary of Health and Human Services, shall prescribe policies and procedures for the nature, frequency, and timing of such observation and examination.

Nothing in this section may be construed—

(A) to require the Secretary to revoke status as a lawful prospective immigrant before commencing removal proceedings with respect to an alien described in subsection (a) who has been granted such status, or in any way prohibit the initiation of such proceedings against a lawful prospective immigrant where such proceedings are authorized under this Act; or

(B) to authorize the Attorney General to adjudicate or grant any application for status as a lawful prospective immigrant, to receive or consider an appeal from a denial or revocation of lawful prospective immigrant status, or to adjust the status of any lawful prospective immigrant to an alien lawfully admitted for permanent residence, unless the Secretary has delegated such authority to the Attorney General in appropriate cases pursuant to section 103(a)(6) of the Immigration and Nationality Act (8 U.S.C. 1103(a)(6)).

After the date of the enactment of this Act, the Secretary, in cooperation with entities approved by the Secretary, and in accordance with a plan adopted by the Secretary in the Secretary’s discretion, shall broadly disseminate information regarding lawful prospective immigrant status, the rights and benefits that flow from such status, and the requirements to be satisfied to obtain this status. Such information shall be disseminated in the top 5 principal languages, as determined by the Secretary in the Secretary’s discretion, spoken by aliens who would qualify for status under this section, including to television, radio, and print media to which such aliens would have access.

Notwithstanding any other provision of law, including section 244(h) of the Immigration and Nationality Act (8 U.S.C. 1254a(h)), the Secretary may adjust the status of a lawful prospective immigrant to that of an alien lawfully admitted for permanent residence if the lawful prospective immigrant satisfies, in addition to all other requirements imposed by law, the eligibility requirements under this section.

The alien shall be in a period of authorized admission as a lawful prospective immigrant and shall continue to satisfy—

(i) the eligibility requirements for such status under section 601(b); and

(ii) the terms and conditions of such status under section 601(d).

The grounds of inadmissibility under section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) that are made inapplicable or previously waived for the alien under section 111(b)(3) shall also be considered inapplicable for purposes of the alien’s adjustment pursuant to this section.

No waiver previously granted shall apply to any inadmissibility under section 111(b)(1)(B) arising out of conduct occurring after the date on which the application for lawful prospective immigrant status was filed.

If the Secretary has sent the applicant a notice of intent to revoke the applicant’s lawful prospective immigrant status under section 111(e)(6)(A)(i), an application for adjustment under this section may not be approved until the Secretary has made a final determination on whether to revoke the applicant’s status.

—

Except as provided under subparagraph (C), a lawful prospective immigrant who is older than 14 years of age shall establish that he or she—

(i) meets the requirements under section 312 of the Immigration and Nationality Act (8 U.S.C. 1423); or

(ii) is satisfactorily pursuing a course of study, pursuant to standards established by the Secretary of Education, in consultation with the Secretary, to achieve such an understanding of English and knowledge and understanding of the history and Government of the United States.

A lawful prospective immigrant who demonstrates that he or she meets the requirements under section 312 of such Act may be considered to have satisfied the requirements of that section for purposes of becoming naturalized as a citizen of the United States under title III of such Act.

Subparagraph (A) shall not apply to any person who is unable to comply with those requirements because of a physical or developmental disability or mental impairment as described in section 312(b)(1) of such Act.

The Secretary may waive all or part of subparagraph (A) for a lawful prospective immigrant who is at least 65 years of age on the date on which an application is filed for adjustment of status under this section.

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.

For purposes of subparagraph (A), the term applicable Federal tax liability means liability for unpaid assessed Federal taxes, including penalties and interest, owed.

The alien shall establish that the alien did not have a single absence from the United States of more than 6 months during the period of admission as a lawful prospective immigrant.

The alien shall establish that the alien has registered under the Military Selective Service Act (50 U.S.C. App. 451 et seq.), if the alien is subject to such registration under such Act.

In accordance with the procedures described in section 121, the Secretary shall prescribe by regulation the procedures for an alien in the United States to apply for adjustment of status under this section and the evidence required to demonstrate eligibility for such adjustment.

An alien may not adjust status to that of an alien lawfully admitted for permanent residence under this section until the earlier of—

(i) 30 days after an immigrant visa has become available for all approved petitions filed under sections 201 and 203 of the Act that were filed before the date of enactment of this Act; or

(ii) 8 years after the date of enactment of this Act.

No application to adjust status under this section may be filed before the date that is 6 years after the initial grant of lawful prospective immigrant status, regardless of whether such date is after the date on which, pursuant to subparagraph (A), an alien may adjust status under this section.

The Secretary shall impose a processing fee on applications for adjustment filed under this section which shall be sufficient to recover the full cost of adjudicating the application, including the cost of taking and processing biometrics, and the cost of expenses relating to prevention and investigation of fraud.

An alien 21 years of age or over who is filing an application for adjustment of status under this section shall pay a $1000 penalty to the Secretary, in addition to the processing fee required under subparagraph (A).

Fees and penalties collected under subparagraph (B) shall be deposited and remain available as provided under section 111.

The Secretary may interview an applicant for adjustment under this section to determine eligibility for such adjustment.

An alien applying for adjustment under this section shall be required to submit to a renewed security and law enforcement background check that shall be completed to the satisfaction of the Secretary before such adjustment may be granted.

The Secretary shall determine continuous physical presence based upon the Secretary’s records of admission to the United States or such other relevant information as the Secretary may require.

The alien may demonstrate compliance with the requirement under paragraph (b)(3) by submitting documentation, in accordance with regulations promulgated by the Secretary, that establishes that—

(I) no such unpaid assessed Federal tax liability exists;

(II) all such outstanding liabilities have been met; or

(III) the alien has entered into, and is in compliance with, an agreement for payment of all outstanding liabilities with the Internal Revenue Service.

The Secretary of the Treasury, in consultation with the Secretary, shall establish procedures pursuant to applicable provisions of section 6103 of the Internal Revenue Code of 1986, under which the Commissioner of Internal Revenue shall provide documentation whereby the Secretary or the applicant may establish the payment of all taxes required under this subsection, to verify that the individual meets the requirements of clause (i).

An alien who is applying for adjustment of status under this section shall prove, by a preponderance of the evidence, that the alien has satisfied the requirements of this section.

An individual who meets the requirements under this section for adjustment from lawful prospective immigrant status to lawful permanent resident status shall be considered, as of the date of such adjustment, to have completed the 5-year period specified in sections 402 and 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612 and 1613).

Administrative review of a determination respecting an application for status as a lawful prospective immigrant under section 111(b) or respecting an application for adjustment of status under section 112 shall be conducted solely as provided in this subsection.

The Secretary shall establish or designate an appellate authority within U.S. Citizenship and Immigration Services to provide for a single level of administrative appellate review of a determination respecting an application for status or revocation of status as a lawful prospective immigrant under section 111(b) or respecting an application for adjustment of status under section 112. Any such application is not renewable in any proceeding before the Attorney General.

An alien in the United States whose application for status as a lawful prospective immigrant under section 111(b) has been denied or whose status as a lawful prospective immigrant has been revoked, may file with the Secretary not more than 1 appeal of each decision to deny or revoke such status.

An alien in lawful prospective immigrant status whose application under section 112 for adjustment of status to that of an alien lawfully admitted for permanent residence has been denied may file with the Secretary not more than 1 appeal of each decision to deny or revoke such status.

A notice of appeal filed under this subsection shall be filed not later than 60 calendar days after the date of service of the decision of denial or revocation.

Nothing in this subsection may be construed to limit the authority of the Secretary, in the Secretary’s sole and unreviewable discretion, from certifying appeals for review and final administrative decision.

Appeals of a decision to deny a petition filed by a lawful prospective immigrant pursuant to regulations promulgated under section 111(c)(1)(A)(i) to classify a spouse or child of such alien as a lawful prospective immigrant shall be to the administrative appellate authority described in subsection (A).

Aliens seeking administrative review under this section shall not be removed from the United States until a final decision is rendered establishing ineligibility under this title, unless such removal is based on criminal or national security grounds.

Administrative appellate review referred to in paragraph (2) shall be based solely upon the administrative record established at the time of the determination on the application and upon such additional newly discovered or previously unavailable evidence.

Except as provided in subparagraphs (2) and (3), any alien who receives a denial of an administrative appeal filed under subsection (a) may request, not later than 60 calendar days after the date of service of the administrative appellate decision, that the Secretary place the alien in removal proceedings. That request shall serve as a notice preserving judicial review of the denial. The Secretary shall place such alien in removal proceedings to which the alien would otherwise be subject, provided that no court shall have jurisdiction to review the timing of the Secretary's initiation of such proceedings. If removal proceedings are not commenced within 1 year of the timely filing of the request specified in this section, the alien may petition for review as if an order of removal was filed within 1 year of the request.

Any alien who is in removal, deportation, or exclusion proceedings that are not administratively final and who receives a denial of an administrative appeal filed under subsection (a), may file with the Secretary, not later than 60 calendar days after the date of service of the administrative appellate decision, a notice to preserve judicial review of that appeal.

Any alien who is subject to an administratively final, unexecuted order of removal, deportation, or exclusion and who receives a denial of an administrative appeal filed under subsection (a), may file with the Secretary, not later than 60 calendar days after the date of service of the administrative appellate decision, a notice to preserve judicial review of that appeal. Nothing in this subsection shall be construed to authorize motions to reopen or reconsider the removal order not otherwise permitted under statute or regulation.

The 60-day period described in paragraphs (1), (2), and (3) shall not be affected or extended by the filing of a motion to reopen or reconsider.

If the administrative appellate decision described in paragraphs (1), (2), and (3) is served by mail, the date of mailing shall be considered the date of service, and 3 days shall be added to the prescribed period that the alien has to file the request or notices under such paragraphs.

Section 242 (8 U.S.C. 11252) is amended—

(1) in subsection (b)(2), by striking completed the proceedings and inserting or the Secretary of Homeland Security completed the removal proceedings;

(2) by amending subsection (d)(1) to read as follows:

(1) the alien has exhausted all administrative remedies available to the alien as of right, except that the alien need not file an administrative appeal of an order of an immigration judge if the alien seeks review solely of a denial or revocation of lawful prospective immigrant status pursuant to subsection (i)(3), and; and

(3) by adding at the end the following:

A person whose application for classification or adjustment of status under this section is denied after administrative appellate review under title V of the Comprehensive Immigration Reform Act of 2011 may seek review of such denial, in accordance with chapter 7 of title 5, United States Code, before the United States district court for the district in which the person resides.

There shall be judicial review in the Federal courts of appeal of the denial of an application for adjustment of status under title V of the Comprehensive Immigration Reform Act of 2011 in conjunction with judicial review of an order of removal, deportation, or exclusion, but only if the validity of the denial has not been upheld in a prior judicial proceeding under paragraph (1).

Judicial review of a denial of an application under title V of the Comprehensive Immigration Reform Act of 2011 shall be based upon the administrative record established at the time of the review, but the court may remand the case to the Secretary for consideration of additional evidence where the court finds that the evidence is material and there were reasonable grounds for failure to adduce the evidence before the Secretary. Notwithstanding any other provision of law, judicial review of all questions arising from a denial of an application under title V of the Comprehensive Immigration Reform Act of 2011 shall be governed by the standard of review set forth in chapter 7 of title 5, United States Code.

Notwithstanding any other provision of law, the district courts of the United States shall have jurisdiction over any cause or claim arising from a pattern or practice of the Secretary of Homeland Security in the operation or implementation of title V of the Comprehensive Immigration Reform Act of 2011 that is arbitrary, capricious, or otherwise contrary to law, and may order any appropriate relief. The district courts may order any appropriate relief in accordance with the preceding sentence without regard to exhaustion, ripeness, or other standing requirements (other than constitutionally mandated requirements), if the court determines that resolution of such cause or claim will serve judicial and administrative efficiency or that a remedy would otherwise not be reasonably available or practicable.

Aliens seeking judicial review under section 113 of the Comprehensive Immigration Reform Act of 2011 shall not be removed from the United States until a final decision is rendered establishing ineligibility under this title.

An alien may not file an application for lawful prospective immigrant status, under title V of the Comprehensive Immigration Reform Act of 2011 beyond the period for receipt of such applications established by section 111(e)(1) of such Act. The denial of any application filed beyond the expiration of the period established by that subsection shall not be subject to judicial review or remedy, including under paragraph (5).

Any claim that title V of the Comprehensive Immigration Reform Act of 2011, or any regulation, guideline, directive, or procedure issued to implement such title, violates the Constitution of the United States or is otherwise in violation of law is available exclusively in an action instituted in any United States District Court in accordance with the procedures prescribed under this paragraph. No claims challenging the validity of the system established by title V of the Comprehensive Immigration Reform Act of 2011 may be initiated after the period for receipt of such applications established by subsection 111(c)(1) of title VI of the Comprehensive Immigration Reform Act of 2011 by or on behalf of an alien who did not timely file for lawful prospective immigrant status.

Any action instituted under this paragraph that asserts a claim that this title or any regulation, guideline, directive, or procedure issued by or under the authority of the Secretary to implement this title violates the Constitution or is otherwise unlawful, shall be filed—

(i) not later than 3 years after the date of the publication or promulgation of the challenged regulation, policy, or directive; or

(ii) if the action challenges the validity of any provision of the Comprehensive Immigration Reform Act of 2011, not later than 3 years after the date of the enactment of such Act.

(C) Subject to subparagraph (D), nothing in subparagraph (A) or (B) shall preclude an applicant for lawful prospective immigrant status under title VI of the Comprehensive Immigration Reform Act of 2011 from asserting that an action taken or decision made by the Secretary with respect to his status under that title was contrary to law in a proceeding under section 113 of title V of the Comprehensive Immigration Reform Act of 2011.

Any claim described in subparagraph (A) that is brought as a class action shall be brought in conformity with the Class Action Fairness Act of 2005 (Public Law 109–2) and the Federal Rules of Civil Procedure. After the expiration of the period for receipt of such applications established by section 111(c)(1) of title V of the Comprehensive Immigration Reform Act of 2011, an alien who did not timely file for lawful prospective immigrant status may not be a class member of or otherwise benefit from a class action described in subparagraph (A).

No claim brought under this paragraph shall require the plaintiff to exhaust administrative remedies under section 113 of title V of the Comprehensive Immigration Reform Act of 2011, but nothing shall prevent the court from staying proceedings under this paragraph to permit the Secretary to evaluate an allegation challenging a policy or practice or to take corrective action. In issuing such a stay, the court shall take into account any harm the stay may cause to the claimant and to the government. This subsection conveys no authority to stay proceedings initiated under any other section of the Act.

It shall be the duty of the District Court, the Court of Appeals, and the United States Supreme Court to advance on the docket and to expedite to the greatest possible extent the disposition of any case considered under this section.

Except as otherwise provided in this section and in section 117, no Federal agency or bureau, or any officer or employee of such agency or bureau, may, without the written consent of the applicant—

(1) use the information furnished by the applicant pursuant to an application filed under section 111 or 112, for any purpose, other than to make a determination on the application, including revocation of an application previously approved;

(2) make any publication through which the information furnished by any particular applicant can be identified; or

(3) permit anyone other than the sworn officers, employees or contractors of such agency or bureau, to examine individual applications that have been filed.

(1) The Secretary shall provide the information furnished pursuant to an application filed under section 111 or 112, and any other information derived from such furnished information to—

(A) a Federal, State, tribal, or local law enforcement agency, intelligence agency, national security agency, component of the Department of Homeland Security, court, or grand jury in connection with a criminal investigation or prosecution, a background check conducted pursuant to the Brady Handgun Violence Protection Act, or for homeland security or national security purposes, in each instance about an individual, when such information is requested by such entity or consistent with an information sharing agreement or mechanism; or

(B) an official coroner for purposes of affirmatively identifying a deceased individual, whether or not the death of such individual resulted from a crime.

(2) Nothing in this section may be construed as prohibiting any entity described in paragraph (1)(A) from disseminating information provided to such entity under this subsection by the Secretary for any authorized purpose.

The limitations under subsection (a)—

(1) shall apply only until an application filed under section 111 or 112 is denied and all opportunities for administrative appeal of the denial have been exhausted;

(2) shall not apply to the use of the information furnished pursuant to such application in any removal proceeding or other criminal or civil case or action, including administrative action, relating to an alien whose application has been granted that is based upon any violation of law committed or discovered after such grant; and

(3) shall not apply in a case in which—

(A) the Secretary has revoked the alien’s status as a lawful prospective immigrant; or

(B) the alien’s lawful prospective immigrant status has expired.

Notwithstanding any other provision of this section, information concerning whether the applicant has engaged in fraud in the application for lawful prospective immigrant status or for adjustment of status from lawful prospective immigrant status or at any time committed a crime may be used or released for immigration enforcement, law enforcement, or national security purposes.

(1) The Secretary may audit and evaluate information furnished as part of any application filed under section 111 or 112 for purposes of identifying fraud or fraud schemes, and may use any evidence of fraud detected by means of audits, evaluations, or other means for purposes of investigating, prosecuting or referring for prosecution, denying, or terminating immigration benefits.

(2) Nothing in this section may be construed as limiting the authority of the relevant Offices of Inspectors General from conducting reviews, audits, oversight, and administrative, civil or criminal investigations.

If the Secretary has adjusted an alien's status to that of an alien lawfully admitted for permanent residence pursuant to section 112, then at any time thereafter the Secretary may use the information furnished by the alien in the application for adjustment of status or in the applications for status pursuant to sections 501 in any subsequent immigration matter.

The Federal Bureau of Investigation may disclose information derived from biometric and biographic checks of the applicant to assist in the apprehension of a person who is the subject of a warrant of arrest, or to notify intelligence agencies of the location of a known or suspected terrorist.

Whoever willfully uses, publishes, or permits information to be disclosed in violation of this section shall be subject to appropriate disciplinary action and subject to a civil monetary penalty of not more than $5,000.

Nothing in this section shall be construed to limit the use or release for immigration enforcement purposes of information contained in files or records of the Secretary or Attorney General pertaining to an application filed under section 111 or 112, other than information furnished by an applicant pursuant to the application, or any other information derived from the application, that is not available from any other source.

The Secretary or the Secretary’s designee shall convene an interagency committee to address issues relating to the identification, prevention, investigation, and prosecution of fraud and related conduct in connection with this program.

Section 201(b)(1) (8 U.S.C. 1151(b)(1)), is amended by adding at the end the following:

(N) Aliens whose status is adjusted from that of a lawful prospective immigrant under section 112 of CIR Act of 2010.

Copies of employment records or other evidence of employment provided by an alien or by an alien's employer in support of an alien's application for lawful prospective immigrant status under section 601 shall not be used in a prosecution or investigation (civil or criminal) of that employer under section 274A of the Immigration and Nationality Act or the tax laws of the United States for the prior unlawful employment of that alien, regardless of the adjudication of such application or reconsideration by the Secretary of such alien's prima facie eligibility determination. This section does not apply to employment records submitted by aliens or employers that are deemed to be fraudulent.

Nothing in this section may be used to shield an employer from liability under section 274B of the Immigration and Nationality Act (8 U.S.C. 1324b) or any other labor or employment law.

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

The Secretary and Attorney General separately shall issue interim final regulations not later than 9 months after the date of the enactment of this Act to implement this title and the amendments made by this title. Such interim final regulations shall become effective immediately upon publication in the Federal Register.

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.).

Any Federal agency's determination to use a procurement competition exemption under section 253(c) of title 41, United States Code, or to use the authority granted in paragraph (2), for the purpose of implementing this title is not subject to challenge by protest to either the Government Accountability Office, under sections 3551 through 3556 of title 31, United States Code, or to the Court of Federal Claims, under section 1491 of title 28, United States Code. An agency shall immediately advise Congress of the exercise of the authority granted in this subsection.

The competition requirement of section 253(a) of title 41, United States Code may be waived or modified by a Federal agency for any procurement conducted to implement this title pursuant to a determination and finding, approved by the senior procurement executive for the agency conducting the procurement, that explains why the waiver or modification is necessary if such a determination and finding is furnished to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives.

Notwithstanding any other provision of law, the Secretary shall have authority to make term, temporary, limited, and part-time appointments for purposes of implementing this title without regard to the number of such employees, their ratio to permanent full-time employees, and the duration of their employment. Nothing in chapter 71 of title 5, United States Code, shall affect the authority of any Department management official to hire term, temporary, limited, or part-time employees under this subsection.

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

Consistent with section 114, the Secretary shall require appropriate administrative and physical safeguards to protect the security, confidentiality, and integrity of personally identifiable information collected, maintained, and disseminated pursuant to sections 111 and 112.

Notwithstanding privacy requirements under section 222 of the Homeland Security Act and the E-Government Act of 2002, the Secretary shall conduct a privacy impact assessment and a civil liberties impact assessment of the legalization program established in sections 111 and 112 during the pendency of the interim final rule.

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.

Section 208(e)(1) of the Social Security Act (42 U.S.C. 408(e)(1)) is amended—

(1) in subparagraph (B)(ii), by striking or at the end;

(2) by inserting after subparagraph (C) the following:

(D) who is granted status as a lawful prospective immigrant pursuant to section 111 of the CIR Act of 2010; or

(E) whose status is adjusted to that of lawful permanent resident under section 112 of the CIR Act of 2010,; and

(3) by striking 1990. and inserting 1990, or in the case of an alien described in subparagraph (D) or (E), if such conduct is alleged to have occurred before the date on which the alien submitted an application under section 111 of the CIR Act of 2010 for classification as a lawful prospective immigrant..

The amendments made by subsection (a) shall take effect on the first day of the tenth month that begins after the date of the enactment of this Act.

The head of each Department responsible for the administration of a program related to this title or with authority to confer an immigration benefit, relief, or status under Federal immigration law shall develop an administrative program to prevent fraud within or upon such program or authority. Subject to such modifications as the head of the Department may direct, the program shall provide for—

(1) fraud prevention training for the relevant administrative adjudicators within the Department;

(2) the regular audit of pending and approved applications for examples and patterns of fraud or abuse;

(3) the receipt and evaluation of reports of fraud or abuse;

(4) the identification of deficiencies in administrative practice or procedure that encourage fraud or abuse;

(5) the remedy of any identified deficiencies; and

(6) the referral of cases of identified or suspected fraud or other misconduct for investigation.

Except as the head of the Department shall otherwise provide, the implementation of the administrative program referred to in subsection (a) shall be assigned to and made part of the component or agency within the Department that is responsible for conferring the relevant immigration benefit, relief, or status under Federal immigration law.

The heads of relevant Departments shall coordinate their respective efforts under this subsection.

There are authorized to be appropriated such sums as may be necessary for this section.

The head of each department or agency of the United States shall ensure that general demographic data provided by applicants under this title shall be made available in the aggregate in a searchable public database.

General demographic data including gender, country of origin, age, education, annual earnings, employment, State of residence, marital status, date of arrival in the United States, method of entry into the United States, number and ages of children, and birthplace of children shall be made available to the public.

Data collected and gathered in the aggregate for purposes of research shall not be recorded in such a way that it violates confidentiality provisions under this title.

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

In this part:

Except as otherwise specifically provided, terms used in this part shall have the meanings given such term in the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))).

The term institution of higher education has the meaning given such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002), except that the term does not include an institution of higher education outside the United States.

Except as otherwise specifically provided, the term Secretary means the Secretary of Homeland Security.

The term Uniformed Services has the meaning given the term uniformed services in section 101(a) of title 10, United States Code.

Notwithstanding any other provision of law, an alien shall be considered, at the time of obtaining the status of an alien lawfully admitted for permanent residence under this section, to have obtained such status on a conditional basis subject to the provisions of this part.

Notwithstanding any other provision of law, the Secretary may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence on a conditional basis, an alien who is inadmissible or deportable from the United States or is in temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), if the alien demonstrates by a preponderance of the evidence that—

(A) the alien has been continuously physically present in the United States since the date that is 5 years before the date of the enactment of this Act;

(B) the alien was 15 years of age or younger on the date the alien initially entered the United States;

(C) the alien has been a person of good moral character since the date the alien initially entered the United States;

(D) subject to paragraph (2), the alien—

(i) is not inadmissible under paragraph (2), (3), (6)(E), (6)(G), (8), (10)(A), (10)(C), or (10)(D) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a));

(ii) has not ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion; and

(iii) has not been convicted of—

(I) any offense under Federal or State law punishable by a maximum term of imprisonment of more than 1 year; or

(II) 3 or more offenses under Federal or State law, for which the alien was convicted on different dates for each of the 3 offenses and imprisoned for an aggregate of 90 days or more;

(E) the alien—

(i) has been admitted to an institution of higher education in the United States; or

(ii) has earned a high school diploma or obtained a general education development certificate in the United States; and

(F) the alien was 35 years of age or younger on the date of the enactment of this Act.

With respect to any benefit under this part, the Secretary may waive the grounds of inadmissibility under paragraph (6)(E), (6)(G), or (10)(D) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) for humanitarian purposes or family unity or when it is otherwise in the public interest.

The Secretary may not grant permanent resident status on a conditional basis to an alien under this section unless the alien submits biometric and biographic data, in accordance with procedures established by the Secretary. The Secretary shall provide an alternative procedure for applicants who are unable to provide such biometric or biographic data because of a physical impairment.

The Secretary shall utilize biometric, biographic, and other data that the Secretary determines is appropriate—

(i) to conduct security and law enforcement background checks of an alien seeking permanent resident status on a conditional basis under this section; and

(ii) to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for such status.

The security and law enforcement background checks required by subparagraph (A) for an alien shall be completed, to the satisfaction of the Secretary, prior to the date the Secretary grants permanent resident status on a conditional basis to the alien.

An alien applying for permanent resident status on a conditional basis under this section shall undergo a medical examination. The Secretary, with the concurrence of the Secretary of Health and Human Services, shall prescribe policies and procedures for the nature and timing of such examination.

An alien applying for permanent resident status on a conditional basis under this section shall establish that the alien has registered under the Military Selective Service Act (50 U.S.C. App. 451 et seq.), if the alien is subject to such registration under that Act.

Any period of continuous physical presence in the United States of an alien who applies for permanent resident status on a conditional basis under this section shall not terminate when the alien is served a notice to appear under section 239(a) of the Immigration and Nationality Act (8 U.S.C. 1229(a)).

An alien shall be considered to have failed to maintain continuous physical presence in the United States under subsection (b)(1)(A) if the alien has departed from the United States for any period in excess of 90 days or for any periods in the aggregate exceeding 180 days.

The Secretary may extend the time periods described in subparagraph (A) for an alien if the alien demonstrates that the failure to timely return to the United States was due to extenuating circumstances beyond the alien's control.

An alien seeking lawful permanent resident status on a conditional basis shall file an application for such status in such manner as the Secretary may require.

An alien shall submit an application for relief under this section not later than the date that is 1 year after the later of—

(A) the date the alien earned a high school diploma or obtained a general education development certificate in the United States; or

(B) the effective date of the final regulations issued pursuant to section 536.

The Secretary or the Attorney General may not remove an alien who—

(A) has a pending application for relief under this section; and

(B) establishes prima facie eligibility for relief under this section.

The Attorney General shall stay the removal proceedings of an alien who—

(i) meets all the requirements of subparagraphs (A), (B), (C), (D), and (F) of subsection (b)(1);

(ii) is at least 5 years of age; and

(iii) is enrolled full-time in a primary or secondary school.

If an alien is not in removal proceedings, the Secretary shall not commence such proceedings with respect to the alien if the alien is described in clauses (i) through (iii) of subparagraph (A).

An alien whose removal is stayed pursuant to subparagraph (A) or who may not be placed in removal proceedings pursuant to subparagraph (B) shall, upon application to the Secretary, be granted an employment authorization document.

The Secretary or Attorney General may lift the stay granted to an alien under subparagraph (A) if the alien—

(i) is no longer enrolled in a primary or secondary school; or

(ii) ceases to meet the requirements of such paragraph.

Nothing in this section or in any other law may be construed to apply a numerical limitation on the number of aliens who may be eligible for adjustment of status under this part.

Permanent resident status on a conditional basis granted under this part is—

(1) valid for a period of 6 years, unless such period is extended by the Secretary; and

(2) subject to termination under subsection (c).

At the time an alien obtains permanent resident status on a conditional basis under this part, the Secretary shall provide for notice to the alien regarding the provisions of this part and the requirements to have the conditional basis of such status removed.

The failure of the Secretary to provide a notice under this subsection—

(A) shall not affect the enforcement of the provisions of this part with respect to the alien; and

(B) shall not give rise to any private right of action by the alien.

The Secretary shall terminate the conditional permanent resident status of an alien, if the Secretary determines that the alien—

(A) ceases to meet the requirements of subparagraph (C) or (D) of section 533(b)(1); or

(B) was discharged from the Uniformed Services and did not receive an honorable discharge.

Except as provided in paragraph (2), an alien whose permanent resident status on a conditional basis expires under subsection (a)(1) or is terminated under subsection (c) or whose application for such status is denied shall return to the immigration status the alien had immediately prior to receiving permanent resident status on a conditional basis or applying for such status, as appropriate.

In the case of an alien whose permanent resident status on a conditional basis expires under subsection (a)(1) or is terminated under subsection (c) or whose application for such status is denied and who had temporary protected status immediately prior to receiving or applying for such status, as appropriate, the alien may not return to temporary protected status if—

(A) the relevant designation under section 244(b) of the Immigration and Nationality Act (8 U.S.C. 1254a(b)) has been terminated; or

(B) the Secretary determines that the reason for terminating the permanent resident status on a conditional basis renders the alien ineligible for temporary protected status.

The Secretary shall use the information systems of the Department of Homeland Security to maintain current information on the identity, address, and immigration status of aliens granted permanent resident status on a conditional basis under this part.

Subject to paragraph (2), the Secretary may remove the conditional basis of an alien’s permanent resident status granted under this part if the alien demonstrates by a preponderance of the evidence that—

(A) the alien has been a person of good moral character during the entire period of conditional permanent resident status;

(B) the alien is described in section 533(b)(1)(D);

(C) the alien has not abandoned the alien’s residence in the United States;

(D) the alien—

(i) has acquired a degree from an institution of higher education in the United States or has completed at least 2 years, in good standing, in a program for a bachelor’s degree or higher degree in the United States; or

(ii) has served in the Uniformed Services for at least 2 years and, if discharged, received an honorable discharge; and

(E) the alien has provided a list of each secondary school (as that term is defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) that the alien attended in the United States.

The Secretary may, in the Secretary’s discretion, remove the conditional basis of an alien’s permanent resident status if the alien—

(i) satisfies the requirements of subparagraphs (A), (B), (C), and (E) of paragraph (1);

(ii) demonstrates compelling circumstances for the inability to satisfy the requirements of subparagraph (D) of such paragraph; and

(iii) demonstrates that the alien’s removal from the United States would result in extreme hardship to the alien or the alien’s spouse, parent, or child who is a citizen or a lawful permanent resident of the United States.

Upon a showing of good cause, the Secretary may extend the period of permanent resident status on a conditional basis for an alien so that the alien may complete the requirements of subparagraph (D) of paragraph (1).

For purposes of paragraph (1)(C), an alien—

(A) shall be presumed to have abandoned the alien's residence in the United States if the alien is absent from the United States for more than 365 days, in the aggregate, during the alien's period of conditional permanent resident status, unless the alien demonstrates to the satisfaction of the Secretary that the alien has not abandoned such residence; and

(B) who is absent from the United States due to active service in the Uniformed Services has not abandoned the alien’s residence in the United States during the period of such service.

Except as provided in subparagraph (B), the conditional basis of an alien's permanent resident status may not be removed unless the alien demonstrates that the alien satisfies the requirements of section 312(a) of the Immigration and Nationality Act (8 U.S.C. 1423(a)).

Subparagraph (A) shall not apply to an alien who is unable because of a physical or developmental disability or mental impairment to meet the requirements of such subparagraph.

The Secretary may not remove the conditional basis of an alien's permanent resident status unless the alien submits biometric and biographic data, in accordance with procedures established by the Secretary. The Secretary shall provide an alternative procedure for applicants who are unable to provide such biometric data because of a physical impairment.

The Secretary shall utilize biometric, biographic, and other data that the Secretary determines appropriate—

(i) to conduct security and law enforcement background checks of an alien applying for removal of the conditional basis of the alien's permanent resident status; and

(ii) to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for removal of such conditional basis.

The security and law enforcement background checks required by subparagraph (A) for an alien shall be completed, to the satisfaction of the Secretary, prior to the date the Secretary removes the conditional basis of the alien's permanent resident status.

An alien seeking to have the conditional basis of the alien's lawful permanent resident status removed shall file an application for such removal in such manner as the Secretary may require.

An alien shall file an application under this subsection during the period beginning 6 months prior to and ending on the date that is later of—

(i) 6 years after the date the alien was initially granted conditional permanent resident status; or

(ii) any other expiration date of the alien's conditional permanent resident status, as extended by the Secretary in accordance with this part.

An alien shall be deemed to have permanent resident status on a conditional basis during the period that the alien’s application submitted under this subsection is pending.

The Secretary shall make a determination on each application filed by an alien under this subsection as to whether the alien meets the requirements for removal of the conditional basis of the alien's permanent resident status.

If the Secretary determines that the alien meets such requirements, the Secretary shall notify the alien of such determination and remove the conditional basis of the alien’s permanent resident status, effective as of the date of such determination.

If the Secretary determines that the alien does not meet such requirements, the Secretary shall notify the alien of such determination and, if the period of the alien's conditional permanent resident status under section 534(a)(1) has ended, terminate the conditional permanent resident status granted the alien under this part as of the date of such determination.

For purposes of title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.), an alien granted permanent resident status on a conditional basis under this part shall be considered to have been admitted as an alien lawfully admitted for permanent residence and to be in the United States as an alien lawfully admitted to the United States for permanent residence.

An alien may not apply for naturalization during the period that the alien is in permanent resident status on a conditional basis under this part.

Not later than 180 days after the date of the enactment of this Act, the Secretary shall publish regulations implementing this part. Such regulations shall allow eligible individuals to apply affirmatively for the relief available under section 533 without being placed in removal proceedings.

Notwithstanding section 553 of title 5, United States Code, the regulations required by subsection (a) shall be effective, on an interim basis, immediately upon publication but may be subject to change and revision after public notice and opportunity for a period of public comment.

Within a reasonable time after publication of the interim regulations in accordance with subsection (b), the Secretary shall publish final regulations implementing this part.

The requirements of chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act) shall not apply to any action to implement this part.

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

Except as provided in subsection (b), no officer or employee of the United States may—

(1) use the information furnished by an individual pursuant to an application filed under this part in removal proceedings against any person identified in the application;

(2) make any publication whereby the information furnished by any particular individual pursuant to an application under this part can be identified; or

(3) permit anyone other than an officer, employee or authorized contractor of the United States Government or, in the case of an application filed under this part with a designated entity, permit that designated entity, to examine such application filed under such sections.

The Attorney General or the Secretary shall provide the information furnished under this part, and any other information derived from such furnished information, to—

(1) a Federal, State, tribal, or local law enforcement agency, intelligence agency, national security agency, component of the Department of Homeland Security, court, or grand jury in connection with a criminal investigation or prosecution, a background check conducted pursuant to section 103 of the Brady Handgun Violence Protection Act (Public Law 103–159; 18 U.S.C. 922 note), or national security purposes, if such information is requested by such entity or consistent with an information sharing agreement or mechanism; or

(2) an official coroner for purposes of affirmatively identifying a deceased individual (whether or not such individual is deceased as a result of a crime).

Notwithstanding any other provision of this section, information concerning whether an alien seeking relief under this part has engaged in fraud in an application for such relief or at any time committed a crime, may be used or released for immigration enforcement, law enforcement, or national security purposes.

Whoever knowingly uses, publishes, or permits information to be examined in violation of this section shall be fined not more than $10,000.

Notwithstanding any provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), with respect to assistance provided under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), an alien who has permanent resident status on a conditional basis under this part shall be eligible only for the following assistance under such title:

(1) Student loans under parts D and E of such title IV (20 U.S.C. 1087a et seq. and 1087aa et seq.), subject to the requirements of such parts.

(2) Federal work-study programs under part C of such title IV (42 U.S.C. 2751 et seq.), subject to the requirements of such part.

(3) Services under such title IV (20 U.S.C. 1070 et seq.), subject to the requirements for such services.

section 115 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is repealed.

The repeal under paragraph (1) shall take effect as if included in the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208; 110 Stat. 3009–546).

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

Notwithstanding any other provision of law, the Secretary shall, pursuant to the requirements of this section, grant blue card status to an alien who qualifies under this section if the Secretary determines that the alien—

(1) has performed agricultural employment in the United States for at least 863 hours or 150 work days during the 24-month period ending on December 31, 2010;

(2) applied for such status during the 18-month application period beginning on the first day of the seventh month that begins after the date of the enactment of this Act;

(3) is otherwise admissible to the United States under section 212 of the Immigration and Nationality Act (8 U.S.C. 1182), except as otherwise provided under section 154(a)(2) of this Act; and

(4) has not been convicted of any felony or a misdemeanor, an element of which involves bodily injury, threat of serious bodily injury, or harm to property in excess of $500.

An alien who is granted blue card status is authorized to travel outside the United States (including commuting to the United States from a residence in a foreign country) in the same manner as an alien lawfully admitted for permanent residence.

The Secretary shall provide an alien who is granted blue card status an employment authorized endorsement or other appropriate work permit, in the same manner as an alien lawfully admitted for permanent residence.

The Secretary shall terminate blue card status granted to an alien if the Secretary determines that the alien is deportable.

The Secretary shall terminate blue card status granted to an alien if—

(A) the Secretary finds, by a preponderance of the evidence, that the adjustment to blue card status was the result of fraud or willful misrepresentation, as described in section 212(a)(6)(C)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)); or

(B) the alien—

(i) commits an act that makes the alien inadmissible to the United States under section 212 of the Immigration and Nationality Act (8 U.S.C. 1182), except as provided under section 154(a)(2) of this Act;

(ii) is convicted of a felony or 3 or more misdemeanors committed in the United States;

(iii) is convicted of an offense, an element of which involves bodily injury, threat of serious bodily injury, or harm to property in excess of $500; or

(iv) fails to perform the agricultural employment required under paragraph (1)(A) of section 153(a) unless the alien was unable to work in agricultural employment due to the extraordinary circumstances described in paragraph (3) of such section.

Each employer of an alien granted blue card status shall annually—

(A) provide a written record of employment to the alien; and

(B) provide a copy of such record to the Secretary.

If the Secretary determines, after notice and opportunity for a hearing, that an employer of an alien granted blue card status has failed to provide the record of employment required under paragraph (1) or has provided a false statement of material fact in such a record, the employer shall be subject to a civil penalty in an amount not to exceed $1,000 per violation.

The penalty applicable under subparagraph (A) for failure to provide records shall not apply unless the alien has provided the employer with evidence of employment authorization granted under this section.

The obligation under paragraph (1) shall terminate on the date that is 6 years after the date of the enactment of this Act.

The Secretary shall provide each alien granted blue card status, and the spouse and any child of each such alien residing in the United States, with a card that contains—

(1) an encrypted, machine-readable, electronic identification strip that is unique to the alien to whom the card is issued;

(2) biometric identifiers, including fingerprints and a digital photograph; and

(3) physical security features designed to prevent tampering, counterfeiting, or duplication of the card for fraudulent purposes.

An alien granted blue card status shall pay a $100 fine to the Secretary.

The Secretary may not issue more than 1,350,000 blue cards during the 5-year period beginning on the date of the enactment of this Act.

Except as otherwise provided under this section, an alien granted blue card status (including a spouse or child of the alien granted derivative status) shall be considered to be an alien lawfully admitted for permanent residence for purposes of any law other than any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

Except as otherwise provided in law, an alien granted blue card status (including a spouse or child of the alien granted derivative status) shall not be eligible, by reason of such status, for any form of assistance or benefit described in section 403(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(a)) until 5 years after the date on which the alien is granted an adjustment of status under section 153.

The Secretary shall provide that—

(1) applications for blue card status may be submitted—

(A) to the Secretary if the applicant is represented by an attorney or a nonprofit religious, charitable, social service, or similar organization recognized by the Board of Immigration Appeals under section 292.2 of title 8, Code of Federal Regulations; or

(B) to a qualified designated entity if the applicant consents to the forwarding of the application to the Secretary; and

(2) applications for adjustment of status under section 153 shall be filed directly with the Secretary.

In this section, the term qualified designated entity means—

(1) a qualified farm labor organization or an association of employers designated by the Secretary; or

(2) any such other person designated by the Secretary if that Secretary determines such person is qualified and has substantial experience, demonstrated competence, and has a history of long-term involvement in the preparation and submission of applications for adjustment of status under section 209, 210, or 245 of the Immigration and Nationality Act (8 U.S.C. 1159, 1160, and 1255), the Act entitled An Act to adjust the status of Cuban refugees to that of lawful permanent residents of the United States, and for other purposes, approved November 2, 1966 (Public Law 89–732; 8 U.S.C. 1255 note), Public Law 95–145 (8 U.S.C. 1255 note), or the Immigration Reform and Control Act of 1986 (Public Law 99–603; 100 Stat. 3359) or any amendment made by that Act.

An alien may establish that the alien meets the requirements under section 151(a)(1) or 153(a)(1) through government employment records or records supplied by employers or collective bargaining organizations, and other reliable documentation as the alien may provide. The Secretary shall establish special procedures to properly credit work in cases in which an alien was employed under an assumed name.

An alien applying for status under section 151(a) or 153(a) has the burden of proving by a preponderance of the evidence that the alien has worked the requisite number of hours or days required under section 151(a)(1) or 153(a)(1), as applicable.

If an employer or farm labor contractor employing such an alien has kept proper and adequate records respecting such employment, the alien's burden of proof under subparagraph (A) may be met by securing timely production of those records under regulations to be promulgated by the Secretary.

An alien may meet the burden of proof under subparagraph (A) to establish that the alien has performed the days or hours of work required by section 151(a)(1) or 153(a)(1) by producing sufficient evidence to show the extent of that employment as a matter of just and reasonable inference.

Each qualified designated entity shall agree—

(A) to forward to the Secretary an application submitted to that entity pursuant to subsection (a)(1)(B) if the applicant has consented to such forwarding;

(B) not to forward to the Secretary any such application if the applicant has not consented to such forwarding; and

(C) to assist an alien in obtaining documentation of the alien's work history, if the alien requests such assistance.

No qualified designated entity may make a determination required by this part to be made by the Secretary.

Files and records collected or compiled by a qualified designated entity for the purposes of this section are confidential and the Secretary shall not have access to such a file or record relating to an alien without the consent of the alien, except as allowed by a court order issued pursuant to subsection (f).

Except as otherwise provided in this section, the Secretary or any other official or employee of the Department or a bureau or agency of the Department is prohibited from—

(A) using information furnished by the applicant pursuant to an application filed under this title, the information provided by an applicant to a qualified designated entity, or any information provided by an employer or former employer for any purpose other than to make a determination on the application or for imposing the penalties described in subsection (g);

(B) making any publication in which the information furnished by any particular individual can be identified; or

(C) permitting a person other than a sworn officer or employee of the Department or a bureau or agency of the Department or, with respect to applications filed with a qualified designated entity, that qualified designated entity, to examine individual applications.

The Secretary shall provide the information furnished under this title or any other information derived from such furnished information to—

(A) a duly recognized law enforcement entity in connection with a criminal investigation or prosecution, if such information is requested in writing by such entity; or

(B) an official coroner, for purposes of affirmatively identifying a deceased individual, whether or not the death of such individual resulted from a crime.

Nothing in this subsection may be construed to limit the use, or release, for immigration enforcement purposes or law enforcement purposes, of information contained in files or records of the Department pertaining to an application filed under this section, other than information furnished by an applicant pursuant to the application, or any other information derived from the application, that is not available from any other source.

Notwithstanding any other provision of this subsection, information concerning whether the alien applying for blue card status or an adjustment of status under section 153 has been convicted of a crime at any time may be used or released for immigration enforcement or law enforcement purposes.

Any person who knowingly uses, publishes, or permits information to be examined in violation of this subsection shall be subject to a fine in an amount not to exceed $10,000.

Any person who— shall be fined in accordance with title 18, United States Code, imprisoned not more than 5 years, or both.

(A) files an application for blue card status under this section or for adjustment of status under section 153 and knowingly and willfully falsifies, conceals, or covers up a material fact or makes any false, fictitious, or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry; or

(B) creates or supplies a false writing or document for use in making such an application,

An alien who is convicted of a crime under paragraph (1) shall be considered to be inadmissible to the United States on the grounds described in section 212(a)(6)(C)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)).

Section 114(a)(11) of Public Law 104–134 (110 Stat. 1321–53 et seq.) may not be construed to prevent a recipient of funds under the Legal Services Corporation Act (42 U.S.C. 2996 et seq.) from providing legal assistance directly related to an application for blue card status under this section or for adjustment of status under section 153.

The Secretary shall provide for a schedule of fees that—

(A) shall be charged for the filing of an application for blue card status under this section or for adjustment of status under section 153; and

(B) may be charged by qualified designated entities to help defray the costs of services provided to such applicants.

A qualified designated entity may not charge any fee in excess of, or in addition to, the fees authorized under paragraph (1)(B) for services provided to applicants.

There is established in the general fund of the Treasury a separate account, which shall be known as the Agricultural Worker Immigration Status Adjustment Account. Notwithstanding any other provision of law, there shall be deposited as offsetting receipts into the account all fees collected under paragraph (1)(A).

Amounts deposited in the Agricultural Worker Immigration Status Adjustment Account shall remain available to the Secretary until expended for processing applications for blue card status under this section or for adjustment of status under section 153.

Except as provided in subsection (b), the Secretary shall adjust the status of an alien granted blue card status to that of an alien lawfully admitted for permanent residence if the Secretary determines that the following requirements are satisfied:

Subject to subparagraph (B), the alien has performed at least—

(i) 5 years of agricultural employment in the United States for at least 100 work days per year, during the 5-year period beginning on the date of the enactment of this Act; or

(ii) 3 years of agricultural employment in the United States for at least 150 work days per year, during the 3-year period beginning on the date of the enactment of this Act.

An alien shall be considered to meet the requirements of subparagraph (A) if the alien has performed, during the 4-year period beginning on the date of the enactment of this Act—

(i) agricultural employment in the United States for at least 150 work days during 3 of such years; and

(ii) at least 100 work days during the remaining year.

An alien may demonstrate compliance with the requirement under paragraph (1) by submitting—

(A) the record of employment described in section 151(e); or

(B) documentation that may be submitted under section 152(c).

In determining whether an alien has met the requirement under paragraph (1)(A), the Secretary may credit the alien with not more than 12 additional months of agricultural employment in the United States to meet such requirement if the alien was unable to work in agricultural employment due to—

(i) pregnancy, injury, or disease, if the alien can establish such pregnancy, disabling injury, or disease through medical records;

(ii) illness, disease, or other special needs of a minor child, if the alien can establish such illness, disease, or special needs through medical records;

(iii) severe weather conditions that prevented the alien from engaging in agricultural employment for a significant period of time; or

(iv) termination from agricultural employment, if the Secretary finds that the termination was without just cause and that the alien was unable to find alternative agricultural employment after a reasonable job search.

A finding made under subparagraph (A)(iv), with respect to an alien, shall not—

(i) be conclusive, binding, or admissible in a separate or subsequent judicial or administrative action or proceeding between the alien and a current or prior employer of the alien or any other party; or

(ii) subject the alien's employer to the payment of attorney fees incurred by the alien in seeking to obtain a finding under subparagraph (A)(iv).

The alien applies for adjustment of status not later than 7 years after the date of the enactment of this Act.

The alien pays a fine of $400 to the Secretary.

The Secretary shall deny an alien granted blue card status an adjustment of status under this section if—

(1) the Secretary finds, by a preponderance of the evidence, that the adjustment to blue card status was the result of fraud or willful misrepresentation, as described in section 212(a)(6)(C)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)); or

(2) the alien—

(A) commits an act that makes the alien inadmissible to the United States under section 212 of the Immigration and Nationality Act (8 U.S.C. 1182), except as provided under section 154(a)(2);

(B) is convicted of a felony or 3 or more misdemeanors committed in the United States;

(C) is convicted of an offense, an element of which involves bodily injury, threat of serious bodily injury, or harm to property in excess of $500; or

(D) failed to perform the agricultural employment required under paragraph (1)(A) of subsection (a) unless the alien was unable to work in agricultural employment due to the extraordinary circumstances described in paragraph (3) of such subsection.

Any alien granted blue card status who does not apply for adjustment of status under this section before the expiration of the application period described in subsection (a)(4) or who fails to meet the other requirements of subsection (a) by the end of the application period, is deportable and may be removed under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).

Not later than the date on which an alien's status is adjusted under this section, the alien shall establish that the alien does not owe any applicable Federal tax liability by establishing that—

(A) no such tax liability exists;

(B) all such outstanding tax liabilities have been paid; or

(C) the alien has entered into an agreement for payment of all outstanding liabilities with the Internal Revenue Service.

In paragraph (1), the term applicable Federal tax liability means liability for Federal taxes, including penalties and interest, owed for any year during the period of employment required under subsection (a)(1) for which the statutory period for assessment of any deficiency for such taxes has not expired.

The Secretary of the Treasury shall establish rules and procedures under which the Commissioner of Internal Revenue shall provide documentation to an alien upon request to establish the payment of all taxes required under this subsection.

Notwithstanding any other provision of law, the Secretary shall confer the status of lawful permanent resident on the spouse and minor child of an alien granted any adjustment of status under subsection (a), including any individual who was a minor child on the date such alien was granted blue card status, if the spouse or minor child applies for such status, or if the principal alien includes the spouse or minor child in an application for adjustment of status to that of a lawful permanent resident.

The Secretary shall grant derivative status to the alien spouse and any minor child residing in the United States of an alien granted blue card status and shall not remove such derivative spouse or child during the period that the alien granted blue card status maintains such status, except as provided in paragraph (3). A grant of derivative status to such a spouse or child under this subparagraph shall not decrease the number of aliens who may receive blue card status under section 151(h).

The derivative spouse and any minor child of an alien granted blue card status may travel outside the United States in the same manner as an alien lawfully admitted for permanent residence.

The derivative spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status.

The Secretary shall deny an alien spouse or child adjustment of status under paragraph (1) and may remove such spouse or child under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) if the spouse or child—

(A) commits an act that makes the alien spouse or child inadmissible to the United States under section 212 of such Act (8 U.S.C. 1182), except as provided under section 154(a)(2);

(B) is convicted of a felony or 3 or more misdemeanors committed in the United States; or

(C) is convicted of an offense, an element of which involves bodily injury, threat of serious bodily injury, or harm to property in excess of $500.

The numerical limitations of sections 201 and 202 of the Immigration and Nationality Act (8 U.S.C. 1151 and 1152) shall not apply to the adjustment of aliens to lawful permanent resident status under section 153.

In the determination of an alien's eligibility for status under section 101(a) or an alien's eligibility for adjustment of status under section 153(b)(2)(A) the following rules shall apply:

The provisions of paragraphs (5), (6)(A), (7), and (9) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not apply.

Except as provided in subparagraph (B), the Secretary may waive any other provision of such section 212(a) in the case of individual aliens for humanitarian purposes, to ensure family unity, or if otherwise in the public interest.

Subparagraphs (A), (B), (C), (D), (G), (H), and (I) of paragraph (2) and paragraphs (3) and (4) of such section 212(a) may not be waived by the Secretary under subparagraph (A).

Nothing in this paragraph may be construed as affecting the authority of the Secretary other than under this subparagraph to waive provisions under such section 212(a).

An alien is not ineligible for blue card status or an adjustment of status under section 153 by reason of a ground of inadmissibility under section 212(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) if the alien demonstrates a history of employment in the United States evidencing self-support without reliance on public cash assistance.

Effective on the date of the enactment of this Act, the Secretary shall provide that, in the case of an alien who is apprehended before the beginning of the application period described in section 151(a)(2) and who can establish a nonfrivolous case of eligibility for blue card status (but for the fact that the alien may not apply for such status until the beginning of such period), until the alien has had the opportunity during the first 30 days of the application period to complete the filing of an application for blue card status, the alien—

(i) may not be removed; and

(ii) shall be granted authorization to engage in employment in the United States and be provided an employment authorized endorsement or other appropriate work permit for such purpose.

The Secretary shall provide that, in the case of an alien who presents a nonfrivolous application for blue card status during the application period described in section 151(a)(2), including an alien who files such an application within 30 days of the alien's apprehension, and until a final determination on the application has been made in accordance with this section, the alien—

(i) may not be removed; and

(ii) shall be granted authorization to engage in employment in the United States and be provided an employment authorized endorsement or other appropriate work permit for such purpose.

There shall be no administrative or judicial review of a determination respecting an application for blue card status or adjustment of status under section 153 except in accordance with this section.

The Secretary shall establish an appellate authority to provide for a single level of administrative appellate review of such a determination.

Such administrative appellate review shall be based solely upon the administrative record established at the time of the determination on the application and upon such additional or newly discovered evidence as may not have been available at the time of the determination.

There shall be judicial review of such a determination only in the judicial review of an order of removal under section 242 of the Immigration and Nationality Act (8 U.S.C. 1252).

Such judicial review shall be based solely upon the administrative record established at the time of the review by the appellate authority and the findings of fact and determinations contained in such record shall be conclusive unless the applicant can establish abuse of discretion or that the findings are directly contrary to clear and convincing facts contained in the record considered as a whole.

Beginning not later than the first day of the application period described in section 151(a)(2), the Secretary, in cooperation with qualified designated entities (as that term is defined in section 152(b)), shall broadly disseminate information respecting the benefits that aliens may receive under this part and the requirements that an alien is required to meet to receive such benefits.

The Secretary shall issue regulations to implement this chapter not later than the first day of the seventh month that begins after the date of the enactment of this Act.

This chapter shall take effect on the date that regulations required under subsection (a) are issued, regardless of whether such regulations are issued on an interim basis or on any other basis.

There are authorized to be appropriated to the Secretary such sums as may be necessary to implement this part, including any sums needed for costs associated with the initiation of such implementation, for fiscal years 2012 and 2013.

Section 208(e)(1) of the Social Security Act (42 U.S.C. 408(e)(1)) is amended—

(1) in subparagraph (B)(ii), by striking or at the end;

(2) in subparagraph (C), by inserting or at the end;

(3) by inserting after subparagraph (C) the following:

(D) who is granted blue card status under the AgJOBS Act of 2011.; and

(4) by striking 1990. and inserting 1990, or in the case of an alien described in subparagraph (D), if such conduct is alleged to have occurred before the date on which the alien was granted blue card status..

The amendments made by subsection (a) shall take effect on the first day of the seventh month that begins after the date of the enactment of this Act.

The Secretary shall establish and periodically adjust a schedule of fees for the employment of aliens pursuant to the amendment made by section 159 and a collection process for such fees from employers. Such fees shall be the only fees chargeable to employers for services provided under such amendment.

The schedule under subsection (a) shall reflect a fee rate based on the number of job opportunities indicated in the employer's application under section 218 of the Immigration and Nationality Act, as amended by section 159, and sufficient to provide for the direct costs of providing services related to an employer’s authorization to employ aliens pursuant to the amendment made by section 159(a), to include the certification of eligible employers, the issuance of documentation, and the admission of eligible aliens.

In establishing and adjusting such a schedule, the Secretary shall comply with Federal cost accounting and fee setting standards.

The Secretary shall publish in the Federal Register an initial fee schedule and associated collection process and the cost data or estimates upon which such fee schedule is based, and any subsequent amendments thereto, pursuant to which public comment shall be sought and a final rule issued.

Notwithstanding any other provision of law, all proceeds resulting from the payment of the fees pursuant to the amendment made by section 159 shall be available without further appropriation and shall remain available without fiscal year limitation to reimburse the Secretary, the Secretary of State, and the Secretary of Labor for the costs of carrying out—

(1) sections 218 and 218B of the Immigration and Nationality Act, as added by section 159; and

(2) the provisions of this part.

This section and the amendments made by section 159 shall take effect 1 year after the date of the enactment of this Act.

The Secretary shall consult with the Secretary of Labor and the Secretary of Agriculture during the promulgation of all regulations to implement the duties of the Secretary under this Act and the amendments made by this Act.

The Secretary of State shall consult with the Secretary, the Secretary of Labor, and the Secretary of Agriculture on all regulations to implement the duties of the Secretary of State under this Act and the amendments made by this Act.

The Secretary of Labor shall consult with the Secretary of Agriculture and the Secretary on all regulations to implement the duties of the Secretary of Labor under this Act and the amendments made by this Act.

All regulations to implement the duties of the Secretary, the Secretary of State, and the Secretary of Labor created under sections 218, 218A, 218B, 218C, and 218D of the Immigration and Nationality Act, as amended or added by section 159 of this Act—

(1) shall take effect on the effective date of section 159; and

(2) shall be issued not later than 1 year after the date of the enactment of this Act.

Not later than September 30 of each year, the Secretary shall submit a report to Congress that identifies, for the previous year—

(1) the number of job opportunities approved for employment of aliens admitted under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)), and the number of workers actually admitted, disaggregated by State and by occupation;

(2) the number of such aliens reported to have abandoned employment pursuant to section 218B(e)(2) of such Act;

(3) the number of such aliens who departed the United States within the period specified in section 218B(d) of such Act;

(4) the number of aliens who applied for blue card status pursuant to section 151(a);

(5) the number of aliens who were granted such status pursuant section 151(a);

(6) the number of aliens who applied for an adjustment of status pursuant to section 153(a); and

(7) the number of aliens who received an adjustment of status pursuant section 153(a).

Not later than 180 days after the date of the enactment of this Act, the Secretary shall prepare and submit a report to Congress that describes the measures being taken and the progress made in implementing this part.

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

No alien may be admitted to the United States as an H–2A worker, or otherwise provided status as an H–2A worker, unless the employer has filed with the Secretary of Labor an application containing—

(A) the assurances described in subsection (b);

(B) a description of the nature and location of the work to be performed;

(C) the anticipated period (expected beginning and ending dates) for which the workers will be needed; and

(D) the number of job opportunities in which the employer seeks to employ the workers.

Each application filed under paragraph (1) shall be accompanied by a copy of the job offer describing the wages and other terms and conditions of employment and the bona fide occupational qualifications that shall be possessed by a worker to be employed in the job opportunity in question.

The assurances referred to in subsection (a)(1) are the following:

With respect to a job opportunity that is covered under a collective bargaining agreement:

The job opportunity is covered by a union contract which was negotiated at arm's length between a bona fide union and the employer.

The specific job opportunity for which the employer is requesting an H–2A worker is not vacant because the former occupant is on strike or being locked out in the course of a labor dispute.

The employer, at the time of filing the application, has provided notice of the filing under this paragraph to the bargaining representative of the employer's employees in the occupational classification at the place or places of employment for which aliens are sought.

The job opportunity is temporary or seasonal.

The employer has offered or will offer the job to any eligible United States worker who applies and is equally or better qualified for the job for which the nonimmigrant is, or the nonimmigrants are, sought and who will be available at the time and place of need.

If the job opportunity is not covered by the State workers' compensation law, the employer will provide, at no cost to the worker, insurance covering injury and disease arising out of, and in the course of, the worker's employment which will provide benefits at least equal to those provided under the State's workers' compensation law for comparable employment.

With respect to a job opportunity that is not covered under a collective bargaining agreement:

The specific job opportunity for which the employer has applied for an H–2A worker is not vacant because the former occupant is on strike or being locked out in the course of a labor dispute.

The job opportunity is temporary or seasonal.

The employer will provide, at a minimum, the benefits, wages, and working conditions required by section 218A to all workers employed in the job opportunities for which the employer has applied for an H–2A worker under subsection (a) and to all other workers in the same occupation at the place of employment.

The employer did not displace and will not displace a United States worker employed by the employer during the period of employment and for a period of 30 days preceding the period of employment in the occupation at the place of employment for which the employer has applied for an H–2A worker.

The employer will not place the nonimmigrant with another employer unless—

(i) the nonimmigrant performs duties in whole or in part at 1 or more worksites owned, operated, or controlled by such other employer;

(ii) there are indicia of an employment relationship between the nonimmigrant and such other employer; and

(iii) the employer has inquired of the other employer as to whether, and has no actual knowledge or notice that, during the period of employment and for a period of 30 days preceding the period of employment, the other employer has displaced or intends to displace a United States worker employed by the other employer in the occupation at the place of employment for which the employer seeks approval to employ H–2A workers.

The application form shall include a clear statement explaining the liability under subparagraph (E) of an employer if the other employer described in such subparagraph displaces a United States worker as described in such subparagraph.

If the job opportunity is not covered by the State workers' compensation law, the employer will provide, at no cost to the worker, insurance covering injury and disease arising out of and in the course of the worker's employment which will provide benefits at least equal to those provided under the State's workers' compensation law for comparable employment.

The employer has taken or will take the following steps to recruit United States workers for the job opportunities for which the H–2A nonimmigrant is, or H–2A nonimmigrants are, sought:

The employer shall make reasonable efforts to mail a letter to, or otherwise contact, any United States worker the employer employed during the previous season in the occupation at the place of intended employment for which the employer is applying for workers and has made the availability of the employer's job opportunities in the occupation at the place of intended employment known to such previous workers, unless the worker was terminated from employment by the employer for a lawful job-related reason or abandoned the job before the worker completed the period of employment of the job opportunity for which the worker was hired.

Not later than 28 days before the date on which the employer desires to employ an H–2A worker in a temporary or seasonal agricultural job opportunity, the employer shall submit a copy of the job offer described in subsection (a)(2) to the local office of the State employment security agency which serves the area of intended employment and authorize the posting of the job opportunity on America's Job Bank or other electronic job registry, except that nothing in this subclause shall require the employer to file an interstate job order under section 653 of title 20, Code of Federal Regulations.

Not later than 14 days before the date on which the employer desires to employ an H–2A worker in a temporary or seasonal agricultural job opportunity, the employer shall advertise the availability of the job opportunities for which the employer is seeking workers in a publication in the local labor market that is likely to be patronized by potential farm workers.

The Secretary of Labor, by regulation, shall provide a procedure for acceptance and approval of applications in which the employer has not complied with the provisions of this clause because the employer's need for H–2A workers could not reasonably have been foreseen.

The employer has offered or will offer the job to any eligible United States worker who—

(I) applies and is equally or better qualified for the job for which the nonimmigrant is, or nonimmigrants are, sought; and

(II) will be available at the time and place of need.

The employer will provide employment to any qualified United States worker who applies to the employer during the period beginning on the date on which the H–2A worker departs for the employer's place of employment and ending on the date on which 50 percent of the period of employment for which the H–2A worker was hired has elapsed, subject to the following requirements:

No person or entity shall willfully and knowingly withhold United States workers before the arrival of H–2A workers in order to force the hiring of United States workers under this clause.

Upon receipt of a complaint by an employer that a violation of subclause (I) has occurred, the Secretary of Labor shall immediately investigate the complaint. The Secretary of Labor shall, within 36 hours of the receipt of the complaint, issue findings concerning the alleged violation. If the Secretary of Labor finds that a violation has occurred, the Secretary of Labor shall immediately suspend the application of this clause with respect to that certification for that date of need.

Before referring a United States worker to an employer during the period described in the matter preceding subclause (I), the Secretary of Labor shall make all reasonable efforts to place the United States worker in an open job acceptable to the worker, if there are other job offers pending with the job service that offer similar job opportunities in the area of intended employment.

Nothing in this subparagraph shall be construed to prohibit an employer from using such legitimate selection criteria relevant to the type of job that are normal or customary to the type of job involved if such criteria are not applied in a discriminatory manner.

An agricultural association may file an application under subsection (a) on behalf of 1 or more of its employer members that the association certifies in its application has or have agreed in writing to comply with the requirements of this section and sections 218A, 218B, and 218C.

If an association filing an application under paragraph (1) is a joint or sole employer of the temporary or seasonal agricultural workers requested on the application, the certifications granted under subsection (e)(2)(B) to the association may be used for the certified job opportunities of any of its producer members named on the application, and such workers may be transferred among such producer members to perform the agricultural services of a temporary or seasonal nature for which the certifications were granted.

An employer may withdraw an application filed pursuant to subsection (a), except that if the employer is an agricultural association, the association may withdraw an application filed pursuant to subsection (a) with respect to 1 or more of its members. To withdraw an application, the employer or association shall notify the Secretary of Labor in writing, and the Secretary of Labor shall acknowledge in writing the receipt of such withdrawal notice. An employer who withdraws an application under subsection (a), or on whose behalf an application is withdrawn, is relieved of the obligations undertaken in the application.

An application may not be withdrawn while any alien provided status under section 101(a)(15)(H)(ii)(a) pursuant to such application is employed by the employer.

Any obligation incurred by an employer under any other law or regulation as a result of the recruitment of United States workers or H–2A workers under an offer of terms and conditions of employment required as a result of making an application under subsection (a) is unaffected by withdrawal of such application.

The employer shall make available for public examination, within 1 working day after the date on which an application under subsection (a) is filed, at the employer's principal place of business or worksite, a copy of each such application (and such accompanying documents as are necessary).

The Secretary of Labor shall compile, on a current basis, a list (by employer and by occupational classification) of the applications filed under subsection (a). Such list shall include the wage rate, number of workers sought, period of intended employment, and date of need. The Secretary of Labor shall make such list available for examination in the District of Columbia.

The Secretary of Labor shall review such an application only for completeness and obvious inaccuracies. Unless the Secretary of Labor finds that the application is incomplete or obviously inaccurate, the Secretary of Labor shall certify that the intending employer has filed with the Secretary of Labor an application as described in subsection (a). Such certification shall be provided not later than 7 days after the application is filed.

Employers seeking to hire United States workers shall offer the United States workers no less than the same benefits, wages, and working conditions that the employer is offering, intends to offer, or will provide to H–2A workers. Conversely, no job offer may impose on United States workers any restrictions or obligations which will not be imposed on the employer's H–2A workers.

Except in cases where higher benefits, wages, or working conditions are required by the provisions of subsection (a), in order to protect similarly employed United States workers from adverse effects with respect to benefits, wages, and working conditions, every job offer which shall accompany an application under section 218(b)(2) shall include each of the following benefit, wage, and working condition provisions:

An employer applying under section 218(a) for H–2A workers shall offer to provide housing at no cost to all workers in job opportunities for which the employer has applied under that section and to all other workers in the same occupation at the place of employment, whose place of residence is beyond normal commuting distance.

In complying with subparagraph (A), an employer may, at the employer's election, provide housing that meets applicable Federal standards for temporary labor camps or secure housing that meets applicable local standards for rental or public accommodation housing or other substantially similar class of habitation, or in the absence of applicable local standards, State standards for rental or public accommodation housing or other substantially similar class of habitation. In the absence of applicable local or State standards, Federal temporary labor camp standards shall apply.

If it is the prevailing practice in the occupation and area of intended employment to provide family housing, family housing shall be provided to workers with families who request it.

The Secretary of Labor shall issue regulations that address the specific requirements for the provision of housing to workers engaged in the range production of livestock.

Nothing in this paragraph shall be construed to require an employer to provide or secure housing for persons who were not entitled to such housing under the temporary labor certification regulations in effect on June 1, 1986.

If public housing provided for migrant agricultural workers under the auspices of a local, county, or State government is secured by an employer, and use of the public housing unit normally requires charges from migrant workers, such charges shall be paid by the employer directly to the appropriate individual or entity affiliated with the housing's management.

Charges in the form of deposits for bedding or other similar incidentals related to housing shall not be levied upon workers by employers who provide housing for their workers. An employer may require a worker found to have been responsible for damage to such housing which is not the result of normal wear and tear related to habitation to reimburse the employer for the reasonable cost of repair of such damage.

If the requirement set out in clause (ii) is satisfied, the employer may provide a reasonable housing allowance instead of offering housing under subparagraph (A). Upon the request of a worker seeking assistance in locating housing, the employer shall make a good faith effort to assist the worker in identifying and locating housing in the area of intended employment. An employer who offers a housing allowance to a worker, or assists a worker in locating housing which the worker occupies, pursuant to this clause shall not be deemed a housing provider under section 203 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1823) solely by virtue of providing such housing allowance. No housing allowance may be used for housing which is owned or controlled by the employer.

The requirement of this clause is satisfied if the Governor of the State certifies to the Secretary of Labor that there is adequate housing available in the area of intended employment for migrant farm workers and H–2A workers who are seeking temporary housing while employed in agricultural work. Such certification shall expire after 3 years unless renewed by the Governor of the State.

If the place of employment of the workers provided an allowance under this subparagraph is a nonmetropolitan county, the amount of the housing allowance under this subparagraph shall be equal to the statewide average fair market rental for existing housing for nonmetropolitan counties for the State, as established by the Secretary of Housing and Urban Development pursuant to section 8(c) of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)), based on a 2-bedroom dwelling unit and an assumption of 2 persons per bedroom.

If the place of employment of the workers provided an allowance under this paragraph is in a metropolitan county, the amount of the housing allowance under this subparagraph shall be equal to the statewide average fair market rental for existing housing for metropolitan counties for the State, as established by the Secretary of Housing and Urban Development pursuant to section 8(c) of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)), based on a 2-bedroom dwelling unit and an assumption of 2 persons per bedroom.

A worker who completes 50 percent of the period of employment of the job opportunity for which the worker was hired shall be reimbursed by the employer for the cost of the worker's transportation and subsistence from the place from which the worker came to work for the employer (or place of last employment, if the worker traveled from such place) to the place of employment.

A worker who completes the period of employment for the job opportunity involved shall be reimbursed by the employer for the cost of the worker s transportation and subsistence from the place of employment to the place from which the worker, disregarding intervening employment, came to work for the employer, or to the place of next employment, if the worker has contracted with a subsequent employer who has not agreed to provide or pay for the worker s transportation and subsistence to such subsequent employer's place of employment.

Except as provided in clause (ii), the amount of reimbursement provided under subparagraph (A) or (B) to a worker or alien shall not exceed the lesser of—

(I) the actual cost to the worker or alien of the transportation and subsistence involved; or

(II) the most economical and reasonable common carrier transportation charges and subsistence costs for the distance involved.

No reimbursement under subparagraph (A) or (B) shall be required if the distance traveled is 100 miles or less, or the worker is not residing in employer-provided housing or housing secured through an allowance as provided in paragraph (1)(G).

If the worker is laid off or employment is terminated for contract impossibility (as described in paragraph (4)(D)) before the anticipated ending date of employment, the employer shall provide the transportation and subsistence required by subparagraph (B) and, notwithstanding whether the worker has completed 50 percent of the period of employment, shall provide the transportation reimbursement required by subparagraph (A).

The employer shall provide transportation between the worker's living quarters and the employer's worksite without cost to the worker, and such transportation will be in accordance with applicable laws and regulations.

An employer applying for workers under section 218(a) shall offer to pay, and shall pay, all workers in the occupation for which the employer has applied for workers, not less (and is not required to pay more) than the greater of the prevailing wage in the occupation in the area of intended employment or the adverse effect wage rate. No worker shall be paid less than the greater of the hourly wage prescribed under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) or the applicable State minimum wage.

Effective on the date of the enactment of the Comprehensive Immigration Reform Act of 2011 and continuing for 3 years thereafter, no adverse effect wage rate for a State may be more than the adverse effect wage rate for that State in effect on January 1, 2011, as established by section 655.107 of title 20, Code of Federal Regulations.

If Congress does not set a new wage standard applicable to this section before the first March 1 that is not less than 3 years after the date of the enactment of this section, the adverse effect wage rate for each State beginning on such March 1 shall be the wage rate that would have resulted if the adverse effect wage rate in effect on January 1, 2011, had been annually adjusted, beginning on March 1, 2014, by the lesser of—

(I) the 12-month percentage change in the Consumer Price Index for All Urban Consumers between December of the second preceding year and December of the preceding year; and

(II) 4 percent.

Beginning on the first March 1 that is not less than 4 years after the date of the enactment of this section, and each March 1 thereafter, the adverse effect wage rate then in effect for each State shall be adjusted by the lesser of—

(I) the 12-month percentage change in the Consumer Price Index for All Urban Consumers between December of the second preceding year and December of the preceding year; and

(II) 4 percent.

The employer shall make only those deductions from the worker s wages that are authorized by law or are reasonable and customary in the occupation and area of employment. The job offer shall specify all deductions not required by law which the employer will make from the worker s wages.

The employer shall pay the worker not less frequently than twice monthly, or in accordance with the prevailing practice in the area of employment, whichever is more frequent.

The employer shall furnish to the worker, on or before each payday, in 1 or more written statements—

(i) the worker's total earnings for the pay period;

(ii) the worker's hourly rate of pay, piece rate of pay, or both;

(iii) the hours of employment which have been offered to the worker (broken out by hours offered in accordance with and over and above the 3/4 guarantee described in paragraph (4);

(iv) the hours actually worked by the worker;

(v) an itemization of the deductions made from the worker's wages; and

(vi) if piece rates of pay are used, the units produced daily.

Not later than December 31, 2012, the Comptroller General of the United States shall submit a report to the Secretary of Labor, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives that addresses—

(i) whether the employment of H–2A or unauthorized aliens in the United States agricultural workforce has depressed United States farm worker wages below the levels that would otherwise have prevailed if alien farm workers had not been employed in the United States;

(ii) whether an adverse effect wage rate is necessary to prevent wages of United States farm workers in occupations in which H–2A workers are employed from falling below the wage levels that would have prevailed in the absence of the employment of H–2A workers in those occupations;

(iii) whether alternative wage standards, such as a prevailing wage standard, would be sufficient to prevent wages in occupations in which H–2A workers are employed from falling below the wage level that would have prevailed in the absence of H–2A employment;

(iv) whether any changes are warranted in the current methodologies for calculating the adverse effect wage rate and the prevailing wage; and

(v) recommendations for future wage protection under this section.

There is established the Commission on Agricultural Wage Standards under the H–2A program (in this subparagraph referred to as the Commission).

The Commission shall consist of 10 members as follows:

(I) Four representatives of agricultural employers and 1 representative of the Department of Agriculture, each appointed by the Secretary of Agriculture.

(II) Four representatives of agricultural workers and 1 representative of the Department of Labor, each appointed by the Secretary of Labor.

The Commission shall conduct a study that shall address—

(I) whether the employment of H–2A or unauthorized aliens in the United States agricultural workforce has depressed United States farm worker wages below the levels that would otherwise have prevailed if alien farm workers had not been employed in the United States;

(II) whether an adverse effect wage rate is necessary to prevent wages of United States farm workers in occupations in which H–2A workers are employed from falling below the wage levels that would have prevailed in the absence of the employment of H–2A workers in those occupations;

(III) whether alternative wage standards, such as a prevailing wage standard, would be sufficient to prevent wages in occupations in which H–2A workers are employed from falling below the wage level that would have prevailed in the absence of H–2A employment;

(IV) whether any changes are warranted in the current methodologies for calculating the adverse effect wage rate and the prevailing wage rate; and

(V) recommendations for future wage protection under this section.

Not later than December 31, 2012, the Commission shall submit a report to the Congress setting forth the findings of the study conducted under clause (iii).

The Commission shall terminate upon submitting its final report.

The employer shall guarantee to offer the worker employment for the hourly equivalent of at least 3/4 of the work days of the total period of employment, beginning with the first work day after the arrival of the worker at the place of employment and ending on the expiration date specified in the job offer. For purposes of this subparagraph, the hourly equivalent means the number of hours in the work days as stated in the job offer and shall exclude the worker's Sabbath and Federal holidays. If the employer affords the United States or H–2A worker less employment than that required under this paragraph, the employer shall pay such worker the amount which the worker would have earned had the worker, in fact, worked for the guaranteed number of hours.

Any hours which the worker fails to work, up to a maximum of the number of hours specified in the job offer for a work day, when the worker has been offered an opportunity to do so, and all hours of work actually performed (including voluntary work in excess of the number of hours specified in the job offer in a work day, on the worker's Sabbath, or on Federal holidays) may be counted by the employer in calculating whether the period of guaranteed employment has been met.

If the worker voluntarily abandons employment before the end of the contract period, or is terminated for cause, the worker is not entitled to the ¾ guarantee described in subparagraph (A).

If, before the expiration of the period of employment specified in the job offer, the services of the worker are no longer required for reasons beyond the control of the employer due to any form of natural disaster, including a flood, hurricane, freeze, earthquake, fire, drought, plant or animal disease or pest infestation, or regulatory drought, before the guarantee in subparagraph (A) is fulfilled, the employer may terminate the worker's employment. In the event of such termination, the employer shall fulfill the employment guarantee in subparagraph (A) for the work days that have elapsed from the first work day after the arrival of the worker to the termination of employment. In such cases, the employer will make efforts to transfer the United States worker to other comparable employment acceptable to the worker. If such transfer is not effected, the employer shall provide the return transportation required in paragraph (2)(D).

Except as provided in clauses (iii) and (iv), this subsection applies to any H–2A employer that uses or causes to be used any vehicle to transport an H–2A worker within the United States.

In this paragraph, the term uses or causes to be used —

(I) applies only to transportation provided by an H–2A employer to an H–2A worker, or by a farm labor contractor to an H–2A worker at the request or direction of an H–2A employer; and

(II) does not apply to—

(aa) transportation provided, or transportation arrangements made, by an H–2A worker, unless the employer specifically requested or arranged such transportation; or

(bb) car pooling arrangements made by H–2A workers themselves, using 1 of the workers' own vehicles, unless specifically requested by the employer directly or through a farm labor contractor.

Providing a job offer to an H–2A worker that causes the worker to travel to or from the place of employment, or the payment or reimbursement of the transportation costs of an H–2A worker by an H–2A employer, shall not constitute an arrangement of, or participation in, such transportation.

This subsection does not apply to the transportation of an H–2A worker on a tractor, combine, harvester, picker, or other similar machinery or equipment while such worker is actually engaged in the planting, cultivating, or harvesting of agricultural commodities or the care of livestock or poultry or engaged in transportation incidental thereto.

This subsection does not apply to common carrier motor vehicle transportation in which the provider holds itself out to the general public as engaging in the transportation of passengers for hire and holds a valid certification of authorization for such purposes from an appropriate Federal, State, or local agency.

When using, or causing to be used, any vehicle for the purpose of providing transportation to which this subparagraph applies, each employer shall—

(I) ensure that each such vehicle conforms to the standards prescribed by the Secretary of Labor under section 401(b) of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1841(b)) and other applicable Federal and State safety standards;

(II) ensure that each driver has a valid and appropriate license, as provided by State law, to operate the vehicle; and

(III) have an insurance policy or a liability bond that is in effect which insures the employer against liability for damage to persons or property arising from the ownership, operation, or causing to be operated, of any vehicle used to transport any H–2A worker.

The level of insurance required shall be determined by the Secretary of Labor pursuant to regulations to be issued under this subsection.

If the employer of any H–2A worker provides workers' compensation coverage for such worker in the case of bodily injury or death as provided by State law, the following adjustments in the requirements of subparagraph (B)(i)(III) relating to having an insurance policy or liability bond apply:

(I) No insurance policy or liability bond shall be required of the employer, if such workers are transported only under circumstances for which there is coverage under such State law.

(II) An insurance policy or liability bond shall be required of the employer for circumstances under which coverage for the transportation of such workers is not provided under such State law.

An employer shall assure that, except as otherwise provided in this section, the employer will comply with all applicable Federal, State, and local labor laws, including laws affecting migrant and seasonal agricultural workers, with respect to all United States workers and alien workers employed by the employer, except that a violation of this assurance shall not constitute a violation of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.).

The employer shall provide to the worker, not later than the day the work commences, a copy of the employer's application and job offer described in section 218(a), or, if the employer will require the worker to enter into a separate employment contract covering the employment in question, such separate employment contract.

Nothing in this section, section 218, or section 218B shall preclude the Secretary of Labor and the Secretary from continuing to apply special procedures and requirements to the admission and employment of aliens in occupations involving the range production of livestock.

An employer, or an association acting as an agent or joint employer for its members, that seeks the admission into the United States of an H–2A worker may file a petition with the Secretary. The petition shall be accompanied by an accepted and currently valid certification provided by the Secretary of Labor under section 218(e)(2)(B) covering the petitioner.

The Secretary shall establish a procedure for expedited adjudication of petitions filed under subsection (a) and within 7 working days shall, by fax, cable, or other means assuring expedited delivery, transmit a copy of notice of action on the petition to the petitioner and, in the case of approved petitions, to the appropriate immigration officer at the port of entry or United States consulate (as the case may be) where the petitioner has indicated that the alien beneficiary (or beneficiaries) will apply for a visa or admission to the United States.

An H–2A worker shall be considered admissible to the United States if the alien—

(A) is otherwise admissible under this section, section 218, and section 218A; and

(B) is not ineligible under paragraph (2).

An alien shall be considered inadmissible to the United States and ineligible for nonimmigrant status under section 101(a)(15)(H)(ii)(a) if the alien has, at any time during the past 5 years—

(A) violated a material provision of this section, including the requirement to promptly depart the United States when the alien's authorized period of admission under this section has expired; or

(B) otherwise violated a term or condition of admission into the United States as a nonimmigrant, including overstaying the period of authorized admission as such a nonimmigrant.

An alien who has not previously been admitted into the United States pursuant to this section, and who is otherwise eligible for admission in accordance with paragraphs (1) and (2), shall not be deemed inadmissible by virtue of section 212(a)(9)(B). If an alien described in the preceding sentence is present in the United States, the alien may apply from abroad for H–2A worker status, but may not be granted that status in the United States.

An alien provided an initial waiver of ineligibility pursuant to subparagraph (A) shall remain eligible for such waiver unless the alien violates the terms of this section or again becomes ineligible under section 212(a)(9)(B) by virtue of unlawful presence in the United States after the date of the initial waiver of ineligibility pursuant to subparagraph (A).

The alien shall be admitted for the period of employment in the application certified by the Secretary of Labor pursuant to section 218(e)(2)(B), not to exceed 10 months, supplemented by a period of not more than 1 week before the beginning of the period of employment for the purpose of travel to the worksite and a period of 14 days following the period of employment for the purpose of departure or extension based on a subsequent offer of employment, except that—

(A) the alien is not authorized to be employed during such 14-day period except in the employment for which the alien was previously authorized; and

(B) the total period of employment, including such 14-day period, may not exceed 10 months.

Nothing in this subsection may be construed to limit the authority of the Secretary to extend the stay of the alien under any other provision of this Act.

An alien admitted or provided status under section 101(a)(15)(H)(ii)(a) who abandons the employment which was the basis for such admission or status shall be considered to have failed to maintain nonimmigrant status as an H–2A worker and shall depart the United States or be subject to removal under section 237(a)(1)(C)(i).

The employer, or association acting as agent for the employer, shall notify the Secretary not later than 7 days after an H–2A worker prematurely abandons employment.

The Secretary shall promptly remove from the United States any H–2A worker who violates any term or condition of the worker's nonimmigrant status.

Notwithstanding paragraph (1), an alien may voluntarily terminate his or her employment if the alien promptly departs the United States upon termination of such employment.

Upon presentation of the notice to the Secretary required by subsection (e)(2), the Secretary of State shall promptly issue a visa to, and the Secretary shall admit into the United States, an eligible alien designated by the employer to replace an H–2A worker—

(A) who abandons or prematurely terminates employment; or

(B) whose employment is terminated after a United States worker is employed pursuant to section 218(b)(2)(H)(iii), if the United States worker voluntarily departs before the end of the period of intended employment or if the employment termination is for a lawful job-related reason.

Nothing in this subsection may be construed to limit any preference required to be accorded United States workers under any other provision of this Act.

Each alien authorized to be admitted under section 101(a)(15)(H)(ii)(a) shall be provided an identification and employment eligibility document to verify eligibility for employment in the United States and verify the alien's identity.

No identification and employment eligibility document may be issued which does not meet the following requirements:

(A) The document shall be capable of reliably determining whether—

(i) the individual with the identification and employment eligibility document whose eligibility is being verified is in fact eligible for employment;

(ii) the individual whose eligibility is being verified is claiming the identity of another person; and

(iii) the individual whose eligibility is being verified is authorized to be admitted into, and employed in, the United States as an H–2A worker.

(B) The document shall be in a form that is resistant to counterfeiting and to tampering.

(C) The document shall—

(i) be compatible with other databases of the Secretary for the purpose of excluding aliens from benefits for which they are not eligible and determining whether the alien is unlawfully present in the United States; and

(ii) be compatible with law enforcement databases to determine if the alien has been convicted of criminal offenses.

If an employer seeks approval to employ an H–2A alien who is lawfully present in the United States, the petition filed by the employer or an association pursuant to subsection (a), shall request an extension of the alien's stay and a change in the alien's employment.

A petition may not be filed for an extension of an alien's stay—

(A) for a period of more than 10 months; or

(B) to a date that is more than 3 years after the date of the alien's last admission to the United States under this section.

An alien who is lawfully present in the United States may commence the employment described in a petition under paragraph (1) on the date on which the petition is filed.

In subparagraph (A), the term file means sending the petition by certified mail via the United States Postal Service, return receipt requested, or delivered by guaranteed commercial delivery which will provide the employer with a documented acknowledgment of the date of receipt of the petition.

The employer shall provide a copy of the employer's petition to the alien, who shall keep the petition with the alien's identification and employment eligibility document as evidence that the petition has been filed and that the alien is authorized to work in the United States.

Upon approval of a petition for an extension of stay or change in the alien's authorized employment, the Secretary shall provide a new or updated employment eligibility document to the alien indicating the new validity date, after which the alien is not required to retain a copy of the petition.

An expired identification and employment eligibility document, together with a copy of a petition for extension of stay or change in the alien's authorized employment that complies with the requirements of paragraph (1), shall constitute a valid work authorization document for a period of not more than 60 days beginning on the date on which such petition is filed, after which time only a currently valid identification and employment eligibility document shall be acceptable.

The maximum continuous period of authorized status as an H–2A worker (including any extensions) is 3 years.

Subject to clause (ii), in the case of an alien outside the United States whose period of authorized status as an H–2A worker (including any extensions) has expired, the alien may not again apply for admission to the United States as an H–2A worker unless the alien has remained outside the United States for a continuous period equal to at least 1/5 the duration of the alien's previous period of authorized status as an H–2A worker (including any extensions).

Clause (i) shall not apply in the case of an alien—

(I) whose period of authorized status as an H–2A worker (including any extensions) was for a period of not more than 10 months; and

(II) has been outside the United States for at least 2 months during the 12-month period immediately preceding the date on which the alien is reapplying for admission to the United States as an H–2A worker.

Notwithstanding any provision of the Comprehensive Immigration Reform Act of 2011, an alien admitted under section 101(a)(15)(H)(ii)(a) for employment as a sheepherder, goat herder, or dairy worker—

(1) may be admitted for an initial period of 12 months;

(2) subject to subsection (j)(5), may have such initial period of admission extended for a period of up to 3 years; and

(3) shall not be subject to the requirements of subsection (h)(5) (relating to periods of absence from the United States).

In this subsection, the term eligible alien means an alien—

(A) having nonimmigrant status under section 101(a)(15)(H)(ii)(a) based on employment as a sheepherder, goat herder, or dairy worker;

(B) who has maintained such nonimmigrant status in the United States for a cumulative total of 36 months (excluding any period of absence from the United States); and

(C) who is seeking to receive an immigrant visa under section 203(b)(3)(A)(iii).

In the case of an eligible alien, the petition under section 204 for classification under section 203(b)(3)(A)(iii) may be filed by—

(A) the alien's employer on behalf of the eligible alien; or

(B) the eligible alien.

Notwithstanding section 203(b)(3)(C), no determination under section 212(a)(5)(A) is required with respect to an immigrant visa described in paragraph (1)(C) for an eligible alien.

The filing of a petition described in paragraph (2) or an application for adjustment of status based on the approval of such a petition shall not constitute evidence of an alien's ineligibility for nonimmigrant status under section 101(a)(15)(H)(ii)(a).

The Secretary shall extend the stay of an eligible alien having a pending or approved classification petition described in paragraph (2) in 1-year increments until a final determination is made on the alien's eligibility for adjustment of status to that of an alien lawfully admitted for permanent residence.

Nothing in this subsection shall be construed to prevent an eligible alien from seeking adjustment of status in accordance with any other provision of law.

The Secretary of Labor shall establish a process for the receipt, investigation, and disposition of complaints respecting a petitioner s failure to meet a condition specified in section 218(b), or an employer s misrepresentation of material facts in an application under section 218(a). Complaints may be filed by any aggrieved person or organization (including bargaining representatives). No investigation or hearing shall be conducted on a complaint concerning such a failure or misrepresentation unless the complaint was filed not later than 12 months after the date of the failure, or misrepresentation, respectively. The Secretary of Labor shall conduct an investigation under this subparagraph if there is reasonable cause to believe that such a failure or misrepresentation has occurred.

Not later than 30 days after the date on which a complaint is filed under subparagraph (A), the Secretary of Labor shall determine whether or not a reasonable basis exists to make a finding described in subparagraph (C), (D), (E), or (G). If the Secretary of Labor determines that such a reasonable basis exists, the Secretary of Labor shall provide for notice of such determination to the interested parties and an opportunity for a hearing on the complaint, in accordance with section 556 of title 5, United States Code, not later than 60 days after the date of the determination. If such a hearing is requested, the Secretary of Labor shall make a finding concerning the matter not later than 60 days after the date of the hearing. In the case of similar complaints regarding the same applicant, the Secretary of Labor may consolidate the hearings under this subparagraph on such complaints.

If the Secretary of Labor finds, after notice and opportunity for a hearing, a failure to meet a condition of paragraph (1)(A), (1)(B), (1)(D), (1)(F), (2)(A), (2)(B), or (2)(G) of section 218(b), a substantial failure to meet a condition of paragraph (1)(C), (1)(E), (2)(C), (2)(D), (2)(E), or (2)(H) of section 218(b), or a material misrepresentation of fact in an application under section 218(a)—

(i) the Secretary of Labor shall notify the Secretary of such finding and may, in addition, impose such other administrative remedies (including civil money penalties in an amount not to exceed $1,000 per violation) as the Secretary of Labor determines to be appropriate; and

(ii) the Secretary may disqualify the employer from the employment of aliens described in section 101(a)(15)(H)(ii)(a) for a period of 1 year.

If the Secretary of Labor finds, after notice and opportunity for hearing, a willful failure to meet a condition of section 218(b), a willful misrepresentation of a material fact in an application under section 218(a), or a violation of subsection (d)(1)—

(i) the Secretary of Labor shall notify the Secretary of such finding and may, in addition, impose such other administrative remedies (including civil money penalties in an amount not to exceed $5,000 per violation) as the Secretary of Labor determines to be appropriate;

(ii) the Secretary of Labor may seek appropriate legal or equitable relief to effectuate the purposes of subsection (d)(1); and

(iii) the Secretary may disqualify the employer from the employment of H–2A workers for a period of 2 years.

If the Secretary of Labor finds, after notice and opportunity for a hearing, a willful failure to meet a condition of section 218(b) or a willful misrepresentation of a material fact in an application under section 218(a), in the course of which failure or misrepresentation the employer displaced a United States worker employed by the employer during the period of employment on the employer's application under section 218(a) or during the period of 30 days preceding such period of employment—

(i) the Secretary of Labor shall notify the Secretary of such finding and may, in addition, impose such other administrative remedies (including civil money penalties in an amount not to exceed $15,000 per violation) as the Secretary of Labor determines to be appropriate; and

(ii) the Secretary may disqualify the employer from the employment of H–2A workers for a period of 3 years.

The Secretary of Labor shall not impose total civil money penalties with respect to an application under section 218(a) in excess of $90,000.

If the Secretary of Labor finds, after notice and opportunity for a hearing, that the employer has failed to pay the wages, or provide the housing allowance, transportation, subsistence reimbursement, or guarantee of employment, required under section 218A(b), the Secretary of Labor shall assess payment of back wages, or other required benefits, due any United States worker or H–2A worker employed by the employer in the specific employment in question. The back wages or other required benefits under section 218A(b) shall be equal to the difference between the amount that should have been paid and the amount that actually was paid to such worker.

Nothing in this section may be construed as limiting the authority of the Secretary of Labor to conduct any compliance investigation under any other labor law, including any law affecting migrant and seasonal agricultural workers, or, in the absence of a complaint under this section, section 218, or section 218A.

H–2A workers may enforce, through the private right of action provided in subsection (c), the following rights:

(1) The provision of housing or a housing allowance as required under section 218A(b)(1).

(2) The reimbursement of transportation as required under section 218A(b)(2).

(3) The payment of wages required under section 218A(b)(3) when due.

(4) The benefits and material terms and conditions of employment expressly provided in the job offer described in section 218(a)(2), not including the assurance to comply with other Federal, State, and local labor laws described in section 218A(c), compliance with which shall be governed by the provisions of such laws.

(5) The guarantee of employment required under section 218A(b)(4).

(6) The motor vehicle safety requirements under section 218A(b)(5).

(7) The prohibition of discrimination under subsection (d)(2).

Upon the filing of a complaint by an H–2A worker aggrieved by a violation of rights enforceable under subsection (b), and within 60 days of the filing of proof of service of the complaint, a party to the action may file a request with the Federal Mediation and Conciliation Service to assist the parties in reaching a satisfactory resolution of all issues involving all parties to the dispute. Upon a filing of such request and giving of notice to the parties, the parties shall attempt mediation within the period specified in subparagraph (B).

The Federal Mediation and Conciliation Service shall be available to assist in resolving disputes arising under subsection (b) between H–2A workers and agricultural employers without charge to the parties.

The Federal Mediation and Conciliation Service may conduct mediation or other nonbinding dispute resolution activities for a period not to exceed 90 days beginning on the date on which the Federal Mediation and Conciliation Service receives the request for assistance unless the parties agree to an extension of this period of time.

Subject to clause (ii), there are authorized to be appropriated to the Federal Mediation and Conciliation Service $500,000 for each fiscal year to carry out this section.

Notwithstanding any other provision of law, the Director of the Federal Mediation and Conciliation Service is authorized to conduct the mediation or other dispute resolution activities from any other appropriated funds available to the Director and to reimburse such appropriated funds when the funds are appropriated pursuant to this authorization, such reimbursement to be credited to appropriations currently available at the time of receipt.

An H–2A worker aggrieved by a violation of rights enforceable under subsection (b) by an agricultural employer or other person may file suit in any district court of the United States having jurisdiction over the parties, without regard to the amount in controversy, without regard to the citizenship of the parties, and without regard to the exhaustion of any alternative administrative remedies under this Act, not later than 3 years after the date the violation occurs.

An H–2A worker who has filed an administrative complaint with the Secretary of Labor may not maintain a civil action under paragraph (2) unless a complaint based on the same violation filed with the Secretary of Labor under subsection (a)(1) is withdrawn before the filing of such action, in which case the rights and remedies available under this subsection shall be exclusive.

Nothing in this Act may be construed to diminish the rights and remedies of an H–2A worker under any other Federal or State law or regulation or under any collective bargaining agreement, except that no court or administrative action shall be available under any State contract law to enforce the rights established under this Act.

Agreements by employees purporting to waive or modify their rights under this Act shall be void as contrary to public policy, except that a waiver or modification of the rights or obligations in favor of the Secretary of Labor shall be valid for purposes of the enforcement of this Act. The preceding sentence may not be construed to prohibit agreements to settle private disputes or litigation.

(A) If the court finds that the respondent has intentionally violated any of the rights enforceable under subsection (b), it shall award actual damages, if any, or equitable relief.

(B) Any civil action brought under this section shall be subject to appeal as provided in chapter 83 of title 28, United States Code.

(A) Notwithstanding any other provision of this section, where a State's workers' compensation law is applicable and coverage is provided for an H–2A worker, the workers' compensation benefits shall be the exclusive remedy for the loss of such worker under this section in the case of bodily injury or death in accordance with such State's workers' compensation law.

(B) The exclusive remedy prescribed in subparagraph (A) precludes the recovery under paragraph (6) of actual damages for loss from an injury or death but does not preclude other equitable relief, except that such relief shall not include back or front pay or in any manner, directly or indirectly, expand or otherwise alter or affect—

(i) a recovery under a State workers' compensation law; or

(ii) rights conferred under a State workers' compensation law.

If it is determined under a State workers' compensation law that the workers' compensation law is not applicable to a claim for bodily injury or death of an H–2A worker, the statute of limitations for bringing an action for actual damages for such injury or death under subsection (c) shall be tolled for the period during which the claim for such injury or death under such State workers' compensation law was pending. The statute of limitations for an action for actual damages or other equitable relief arising out of the same transaction or occurrence as the injury or death of the H–2A worker shall be tolled for the period during which the claim for such injury or death was pending under the State workers' compensation law.

Any settlement by an H–2A worker and an H–2A employer or any person reached through the mediation process required under subsection (c)(1) shall preclude any right of action arising out of the same facts between the parties in any Federal or State court or administrative proceeding, unless specifically provided otherwise in the settlement agreement.

Any settlement by the Secretary of Labor with an H–2A employer on behalf of an H–2A worker of a complaint filed with the Secretary of Labor under this section or any finding by the Secretary of Labor under subsection (a)(1)(B) shall preclude any right of action arising out of the same facts between the parties under any Federal or State court or administrative proceeding, unless specifically provided otherwise in the settlement agreement.

It is a violation of this subsection for any person who has filed an application under section 218(a), to intimidate, threaten, restrain, coerce, blacklist, discharge, or in any other manner discriminate against an employee (which term, for purposes of this subsection, includes a former employee and an applicant for employment) because the employee has disclosed information to the employer, or to any other person, that the employee reasonably believes evidences a violation of section 218 or 218A or any rule or regulation pertaining to section 218 or 218A, or because the employee cooperates or seeks to cooperate in an investigation or other proceeding concerning the employer's compliance with the requirements of section 218 or 218A or any rule or regulation pertaining to either of such sections.

It is a violation of this subsection for any person who has filed an application under section 218(a), to intimidate, threaten, restrain, coerce, blacklist, discharge, or in any manner discriminate against an H–2A employee because such worker has, with just cause, filed a complaint with the Secretary of Labor regarding a denial of the rights enumerated and enforceable under subsection (b) or instituted, or caused to be instituted, a private right of action under subsection (c) regarding the denial of the rights enumerated under subsection (b), or has testified or is about to testify in any court proceeding brought under subsection (c).

The Secretary of Labor and the Secretary shall establish a process under which an H–2A worker who files a complaint regarding a violation of subsection (d) and is otherwise eligible to remain and work in the United States may be allowed to seek other appropriate employment in the United States for a period not to exceed the maximum period of stay authorized for such nonimmigrant classification.

An employer on whose behalf an application is filed by an association acting as its agent is fully responsible for such application, and for complying with the terms and conditions of sections 218 and 218A, as though the employer had filed the application itself. If such an employer is determined, under this section, to have committed a violation, the penalty for such violation shall apply only to that member of the association unless the Secretary of Labor determines that the association or other member participated in, had knowledge, or reason to know, of the violation, in which case the penalty shall be invoked against the association or other association member as well.

If an association filing an application as a sole or joint employer is determined to have committed a violation under this section, the penalty for such violation shall apply only to the association unless the Secretary of Labor determines that an association member or members participated in or had knowledge, or reason to know of the violation, in which case the penalty shall be invoked against the association member or members as well.

In this section and in sections 218, 218A, 218B, and 218C:

The term agricultural employment means any service or activity that is considered to be agricultural under section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural labor under section 3121(g) of the Internal Revenue Code of 1986 or the performance of agricultural labor or services described in section 101(a)(15)(H)(ii)(a).

The term bona fide union means any organization in which employees participate and which exists for the purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other terms and conditions of work for agricultural employees. Such term does not include an organization formed, created, administered, supported, dominated, financed, or controlled by an employer or employer association or its agents or representatives.

The term displace, in the case of an application with respect to 1 or more H–2A workers by an employer, means laying off a United States worker from a job for which H–2A workers are sought.

The term eligible, when used with respect to an individual, means an individual who is not an unauthorized alien (as defined in section 274A).

The term employer means any person or entity, including any farm labor contractor and any agricultural association, that employs workers in agricultural employment.

The term H–2A employer means an employer who seeks to hire 1 or more nonimmigrant aliens described in section 101(a)(15)(H)(ii)(a).

The term H–2A worker means a nonimmigrant described in section 101(a)(15)(H)(ii)(a).

The term job opportunity means a job opening for temporary or seasonal full-time employment at a place in the United States to which United States workers can be referred.

The term laying off, with respect to a worker—

(i) means to cause the worker's loss of employment, other than through a discharge for inadequate performance, violation of workplace rules, cause, voluntary departure, voluntary retirement, contract impossibility (as described in section 218A(b)(4)(D)), or temporary suspension of employment due to weather, markets, or other temporary conditions; and

(ii) does not include any situation in which the worker is offered, as an alternative to such loss of employment, a similar employment opportunity with the same employer (or, in the case of a placement of a worker with another employer under section 218(b)(2)(E), with either employer described in such section) at equivalent or higher compensation and benefits than the position from which the employee was discharged, regardless of whether or not the employee accepts the offer.

Nothing in this paragraph is intended to limit an employee's rights under a collective bargaining agreement or other employment contract.

The term regulatory drought means a decision subsequent to the filing of the application under section 218 by an entity not under the control of the employer making such filing which restricts the employer's access to water for irrigation purposes and reduces or limits the employer's ability to produce an agricultural commodity, thereby reducing the need for labor.

Labor is performed on a seasonal basis if—

(A) ordinarily, it pertains to or is of the kind exclusively performed at certain seasons or periods of the year; and

(B) from its nature, it may not be continuous or carried on throughout the year.

Except as otherwise provided, the term Secretary means the Secretary of Homeland Security.

A worker is employed on a temporary basis where the employment is intended not to exceed 10 months.

The term United States worker means any worker, whether a national of the United States, an alien lawfully admitted for permanent residence, or any other alien, who is authorized to work in the job opportunity within the United States, except an alien admitted or otherwise provided status under section 101(a)(15)(H)(ii)(a).

The table of contents of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by striking the item relating to section 218 and inserting the following:

Section 212(a)(9) (8 U.S.C. 1182(a)(9)) is amended by striking subparagraphs (B) and (C) and inserting the following:

Subject to clause (iii), any alien (other than an alien lawfully admitted for permanent residence) who has been unlawfully present in the United States for 1 year or more is inadmissible until such time as the alien departs or is removed and remains outside of the United States for a period of 3 consecutive years.

For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Secretary or is present in the United States without being admitted or paroled.

No period of time in which an alien is under 21 years of age shall be taken into account in determining the period of unlawful presence in the United States under clause (i).

No period of time in which an alien has a bona fide application for asylum pending under section shall be taken into account in determining the period of unlawful presence in the United States under clause (i) unless the alien during such period was employed without authorization in the United States.

No period of time in which the alien is a beneficiary of family unity protection pursuant to section of the Immigration Act of 1990 shall be taken into account in determining the period of unlawful presence in the United States under clause (I).

Clause (i) shall not apply to an alien who would be described in paragraph (6)(A)(ii) if violation of the terms of the alien's nonimmigrant visa were substituted for unlawful entry into the United States in subclause (III) of that paragraph.

Clause (i) shall not apply to an alien who demonstrates that the severe form of trafficking (as that term is defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)) was at least 1 central reason for the alien's unlawful presence in the United States.

Clause (i) shall not apply to an alien for whom an immigrant visa is available or was available on or before the date of the enactment of the Comprehensive Immigration Reform Act of 2011, and is otherwise admissible to the United States for permanent residence.

Any unlawful presence accrued by an alien as of the date of enactment of the Comprehensive Immigration Reform Act of 2011 shall not be considered unlawful presence for the purpose of the subparagraph if such alien was as of the date of enactment of the Comprehensive Immigration Reform Act of 2011 —

(aa) the beneficiary of a pending or approved petition for classification as an immediate relative (as described in section 201(b)(2));

(bb) the beneficiary of a pending or approved petition under section 203(a) or (b); or

(cc) a derivative beneficiary of a pending or approved petition for classification as an immediate relative or under section 203(a) or (b).

In the case of an alien who—

(I) has been lawfully admitted or paroled into the United States;

(II) has filed a nonfrivolous application for a change or extension of status before the date of expiration of the period of stay authorized by the Secretary; and

(III) has not been employed without authorization in the United States before or during the pendency of such application, the calculation of the period of time specified in clause (i)(I) shall be tolled during the pendency of such application, but not to exceed 120 days.

The Secretary may waive the applicability of clause (i) for an immigrant who is the spouse, son, daughter, or parent of a United States citizen or of an alien lawfully admitted for permanent residence if the Secretary determines that—

(I) the refusal of admission to such immigrant alien would result in hardship to the alien or to the citizen or lawfully resident spouse, son, daughter, or parent of such alien;

(II) a waiver is necessary for humanitarian purposes or the public interest or to ensure family unity in the case of an alien who is eligible for an immigrant visa under section 201 or 203; or

(III) the alien should be permitted to depart the United States voluntarily pursuant to section 240B(a)(1).

Title II (8 U.S.C. 1151 et seq.) is amended—

(1) in section 212 (8 U.S.C. 1182)—

(A) in subsection (a)(6)(C)—

(i) in clause (ii), by inserting and willfully after falsely each place such term appears; and

(ii) in clause (iii), by striking of clause (i); and

(B) in subsection (i), by amending paragraph (1) to read as follows:

(1) The Attorney General or the Secretary of Homeland Security may, in the discretion of the Attorney General or the Secretary, waive the application of subsection (a)(6)(C) if it is established to the satisfaction of the Attorney General or the Secretary that the refusal of admission to the United States would—

(A) result in extreme hardship to the alien or, in the case of an immigrant who is the parent, spouse, son, or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, to the citizen or lawfully resident parent, spouse, son, or daughter; or

(B) in the case of a VAWA self-petitioner, result in significant hardship to the alien or the alien’s United States citizen, lawful permanent resident, or qualified alien parent or child.; and

(2) in section 237(a)(3)(D) (8 U.S.C. 1227(a)(3)(D)), by inserting and willfully after falsely each place such term appears.

There is established in the General Fund of the Treasury a separate account, which shall be known as the Department of Homeland Security Legalization Program Account.

The Secretary of the Treasury shall immediately transfer such sums as the Secretary of Homeland Security determines to be necessary from the General Fund of the Treasury to the Department of Homeland Security Legalization Program Account.

There are authorized to be appropriated, for the purposes described in subparagraph (B), such sums as are transferred pursuant to paragraph (2), which shall remain available for obligation during the 10-year period beginning on the date of the enactment of this Act.

Amounts appropriated pursuant to subparagraph (A) may be used by the Secretary to implement and operate the legalization programs and activities described in this subtitle, including—

(i) infrastructure, staffing, and adjudication activities;

(ii) outreach activities;

(iii) grants to community and faith-based organizations; and

(iv) anti-fraud programs and actions relating to such legalization programs.

Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Secretary shall provide a plan to the congressional committees set forth in subparagraph (B) that describes how funds made available under paragraph (3) will be expended, including—

(i) 1-time and on-going costs;

(ii) the level of funding for each program, project, and activity, including whether such funding will supplement a program, project, or activity receiving Federal funding otherwise appropriated; and

(iii) the amount of funding to be obligated in each fiscal year, by program, project, and activity.

The congressional committees set forth in the subparagraph are—

(i) the Committee on the Judiciary of the Senate;

(ii) the Committee on Appropriations of the Senate;

(iii) the Committee on the Judiciary of the House of Representatives; and

(iv) the Committee on Appropriations of the House of Representatives.

There is established in the General Fund of the Treasury a separate account, which shall be known as the Department of State Legalization Program Account.

The Secretary of the Treasury shall immediately transfer such sums as the Secretary of State determines to be necessary from the General Fund of the Treasury to the Department of State Legalization Program Account.

There are authorized to be appropriated, for the purposes described in subparagraph (B), such sums as are transferred pursuant to paragraph (2), which shall remain available for obligation during the 10-year period beginning on the date of the enactment of this Act.

Amounts appropriated pursuant to subparagraph (A) may be used by the Secretary of State to implement and operate the legalization programs and activities described in this subtitle, including—

(i) infrastructure, staffing, and adjudication activities;

(ii) outreach activities; and

(iii) anti-fraud programs and actions relating to such legalization programs.

Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall provide a plan to the congressional committees set forth in subsection (a)(4)(B) that describes how funds made available under paragraph (3) will be expended, including—

(A) 1-time and on-going costs;

(B) the level of funding for each program, project, and activity, including whether such funding will supplement a program, project, or activity receiving Federal funding otherwise appropriated; and

(C) the amount of funding to be obligated in each fiscal year, by program, project, and activity.

There is established in the General Fund of the Treasury a separate account, which shall be known as the Immigration Reform Penalty Account.

Notwithstanding any other provision of this Act, there shall be deposited into the Immigration Reform Penalty Account all civil penalties collected under section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) and this subtitle, except as specifically provided otherwise in this subtitle.

Amounts deposited into the Immigration Reform Penalty Account shall remain available to the Secretary until expended in the following priority order:

(A) Any costs incurred in implementing and operating the immigration services programs described in this subtitle that are not otherwise paid for with—

(i) funds from the Department of Homeland Security Legalization Program Account; or

(ii) processing fees described in section 111(c)(4)(A).

(B) Any amount remaining in the account after the costs described in subparagraph (A) have been paid for shall be deposited into the General Fund of the Treasury to the extent necessary to reimburse the General Fund for funds transferred to the Department of Homeland Security Legalization Program Account under subsection (a)(2).

(C) Of the amount, if any, remaining in the account after the reimbursement described in subparagraph (B)—

(i) 1/3 shall be allocated to the Secretary to carry out investigation and prevention of fraud in—

(I) the legalization programs established under this subtitle; and

(II) the employment verification programs established under subtitle B;

(ii) 1/3 shall be allocated to the Secretary for immigrant integration programs, including English-language and United States civics instruction;

(iii) 1/6 shall be allocated to the Secretary for immigration services; and

(iv) 1/6 shall be allocated to the Secretary for immigration enforcement.

Nothing in this section may be construed to modify or limit any authority to collect and use immigration fees under this Act, section 286 of the Immigration and Nationality Act (8 U.S.C. 1356), or any other law.

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

It is unlawful for an employer—

(A) to hire an alien for employment in the United States knowing or with reckless disregard that the alien is an unauthorized alien with respect to such employment; or

(B) to hire for employment in the United States an individual without complying with the requirements under subsections (c) and (d).

It is unlawful for an employer, after hiring an alien for employment, to continue to employ the alien in the United States knowing or with reckless disregard that the alien is, or has become, an unauthorized alien with respect to such employment. Nothing in this section may be construed to prohibit or to require the employment of an authorized employee who was previously unauthorized.

Any person or entity who uses a contract, subcontract, or exchange to obtain the labor of an alien in the United States knowing or with reckless disregard that the alien is an unauthorized alien with respect to performing such labor, shall be deemed to have hired the alien for employment in the United States in violation of subparagraph (a)(1)(A).

For purposes of ensuring compliance with Federal immigration law, the Secretary may require by regulation that a person or entity include in a written contract or subcontract an effective and enforceable requirement that the contractor or subcontractor adhere to the immigration laws, including the use of an employment verification system (referred to in this section as the System).

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.

The Secretary may establish such other requirements for persons or entities using contractors or subcontractors, including procedures adapted to different employment sectors, as the Secretary deems necessary to prevent knowing violations of this paragraph.

Subject to subparagraphs (B) and (C), an employer that establishes that it has complied in good faith with the requirements under paragraphs (1) through (4) of subsection (c) (pertaining to document verification requirements) and subsection (d) (pertaining to the use of the System) has established an affirmative defense that the employer has not violated subsection (a)(1)(A) with respect to such hiring until such time as the Secretary has required an employer to participate in the System.

If an employer is participating on a voluntary basis pursuant to subsection (d), a defense may be established under this paragraph without a showing of compliance with subsection (d).

To establish a defense under this paragraph, the employer shall also be in compliance with any additional requirements that the Secretary may promulgate by regulation pursuant to subsections (c) and (d).

An employer is presumed to have acted with knowledge or reckless disregard if the employer fails to comply with written standards, procedures, or instructions issued by the Secretary.

In this section:

The term employer —

(A) means any person or entity hiring an individual for employment in the United States, including—

(i) any person or entity who is an agent acting on behalf of an employer; and

(ii) entities in any branch of the Federal Government; and

(B) does not include a person or entity with fewer than 5 full- or part-time employees, for purposes of any requirement to participate in the System under subsection (d), except as it relates to subsection (d)(2)(H).

The term unauthorized alien means, with respect to the employment of an alien at a particular time, that the alien is not—

(A) an alien lawfully admitted for permanent residence; or

(B) authorized to be so employed under this Act or by the Secretary.

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:

The employer shall attest, under penalty of perjury and on a form prescribed by the Secretary, that it has verified the identity and employment authorization status of the individual by examining— The form prescribed by the Secretary may be electronic or on paper, and may be integrated electronically with the requirements under subsection (d), if the Secretary determines that combining the requirements in (c) and (d) would improve efficiency of the verification requirements. Such attestation may be manifested by either a handwritten or digital signature. An employer has complied with the requirements of this paragraph with respect to examination of documentation if the employer has followed applicable regulations and any written procedures or instructions provided by the Secretary, and if a reasonable person would conclude that the documentation is genuine and relates to the individual presenting it, taking into account any information provided to the employer by the Secretary, including photographs and other biometric information.

(i) a document described in subparagraph (B); or

(ii) a document described in subparagraph (C) and a document described in subparagraph (D).

A document described in this subparagraph is an individual’s—

(i) United States passport or passport card issued pursuant to the Secretary of State’s authority under section 211a of title 22, United States Code;

(ii) permanent resident card or other document issued to aliens authorized to work in the United States, as designated by the Secretary, if the document—

(I) contains a photograph of the individual, other biometric data such as fingerprints, or such other personal identifying information relating to the individual as the Secretary finds, by regulation, sufficient for the purposes of this subsection;

(II) is evidence of authorization for employment in the United States; and

(III) contains security features to make it resistant to tampering, counterfeiting, and fraudulent use;

(iii) enhanced driver’s license, enhanced identification card, or enhanced tribal card issued to a citizen of the United States, provided that the Secretary has certified by notice published in the Federal Register that such enhanced document is suitable for use under this subparagraph based upon the accuracy and security of the issuance process, security features on the document, and such other factors as the Secretary may determine; or

(iv) a passport issued by the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with evidence of nonimmigrant admission to the United States under the Compact of Free Association between the United States and the FSM or the RMI.

A document described in this subparagraph includes—

(i) an individual’s driver’s license or identity card issued by a State or an outlying possession of the United States, a Federally recognized Indian tribe, or an agency (including military) of the Federal government if the driver’s license or identity card includes, at a minimum,—

(I) the individual’s photograph, name, date of birth, gender, and driver’s license or identification card number, and

(II) security features to make it resistant to tampering, counterfeiting, and fraudulent use, or

(ii) for individuals under 18 years of age who are unable to present a document listed in clause (i), documentation of personal identity of such other type as the Secretary finds provides a reliable means of identification, which may include an attestation as to the individual’s identity by a person 21 years of age or older under penalty of perjury.

All documents shall be unexpired. The following documents may be accepted as evidence of employment authorization—

(i) a Social Security account number card issued by the Commissioner of Social Security (referred to in this section as the Commissioner) other than a card which specifies on its face that the card is not valid for employment in the United States or has other similar words of limitation. The Secretary, in consultation with the Commissioner, may require by publication of a notice in the Federal Register that only a Social Security account number card described in section 173 of the CIR Act of 2011 be accepted for this purpose; or

(ii) any other documentation evidencing authorization of employment in the United States which the Secretary determines, by notice published in the Federal Register, to be acceptable for purposes of this section, provided that the document, including any electronic security measures linked to the document, contains security features to make it resistant to tampering, counterfeiting, and fraudulent use.

If the Secretary finds that any document or class of documents described in subparagraph (B), (C), or (D) does not reliably establish employment authorization or identity or is being used fraudulently to an unacceptable degree, the Secretary may prohibit or restrict the use of that document or class of documents for purposes of this subsection.

The individual shall attest, under penalty of perjury in the form prescribed by the Secretary, that the individual is a citizen or national of the United States, an alien lawfully admitted for permanent residence, or an alien who is authorized under this Act or by the Secretary to be hired for such employment. Such attestation may be manifested by either a hand-written or digital signature. The individual shall also provide any Social Security Account Number issued to the individual on such form.

After completion of such form in accordance with paragraphs (1) and (2), the employer shall retain a paper, microfiche, microfilm, or electronic version of the form, according to such standards as the Secretary may provide, and make it available for inspection by officers or employees of the Department of Homeland Security (or persons designated by the Secretary), the Special Counsel for Immigration-Related Unfair Employment Practices, or the Department of Labor during a period beginning on the date of the hiring of the individual and ending 7 years after such date of hiring, or 2 years after the date the individual’s employment is terminated, whichever is later.

(A) Notwithstanding any other provision of law, the employer shall copy all documents presented by an individual pursuant to this subsection and shall retain a paper, microfiche, microfilm, or electronic copy, but only (except as otherwise permitted under law) for the purposes of complying with the requirements of this section and section 274B. Such copies may be required to reflect the signatures of the employer and the employee, as well as the date of receipt. The Secretary may authorize or require an alternative method of storing and authenticating the employee’s documentation information if the Secretary determines that such alternative method is more secure or efficient.

(B) The employer shall maintain records of all actions and copies of any correspondence or action taken by the employer to clarify or resolve any issue as to the validity of the individual’s identity or employment authorization.

(C) The employer shall maintain the records described in this paragraph for any employee for the period of time required by paragraph (3) for retention of that employee’s verification form. The Secretary may prescribe the manner of recordkeeping and may require that additional records be kept or that additional documents be copied and maintained. The Secretary in furtherance of an investigation based on reasonable suspicion of a violation of this act, may require that these documents be transmitted electronically for purposes of authorized inspections or other enforcement actions, and may develop automated capabilities to request such documents.

(D) An employer shall safeguard any information retained under this paragraph and paragraph (3) and protect any means of access to such information to ensure that such information is not used for any purpose other than as authorized in this paragraph or paragraph (3) or to determine the identity and employment eligibility of the individual, and to protect the confidentiality of such information, including ensuring that such information is not provided to any person other than a person who carries out the employer’s responsibilities under this subsection, except as provided in paragraph (3).

An employer that fails to comply with any requirement of this subsection shall be penalized under subsection (e)(4)(B).

(A) Nothing in this section shall be construed to prohibit any reasonable accommodation necessary to protect the religious freedom of any individual, or to ensure access to employment opportunities of any disabled individual.

(B) The employer shall use the procedures for document verification set forth in this paragraph for all employees without regard to race, sex, national origin, or, unless specifically permitted in this section, to citizenship status.

The Secretary shall provide for the use of receipts for replacement documents, and temporary evidence of employment authorization by an individual to meet a documentation requirement of this subsection on a temporary basis not to exceed 1 year, pending satisfaction by the individual of such requirement.

(A) The Secretary, in consultation with the Commissioner, shall implement and specify the procedures for the System. The participating employers shall timely register with the System and shall use the System as described in subsection (d)(5).

(B) The Secretary shall create the necessary processes to monitor the functioning of the System, including the volume of the workflow, the speed of processing of queries, the speed and accuracy of responses, misuse of the System, fraud or identity theft, whether use of the System results in wrongful adverse actions or discrimination based upon a prohibited factor against U.S. citizens or employment authorized aliens, and the security, integrity and privacy of the program.

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— whichever is earlier, with respect to all newly hired employees and employees with expiring employment authorization.

(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,

Federal contractors shall participate in the System as provided in the final rule published at 73 Federal Register 67,651 (Nov. 14, 2008), or any subsequent amendments to such rule, for which purpose references to E–Verify in the final rule shall be construed to apply to the System.

As of the date that is 1 year after the end of the application period for lawful protective status under section 111(c)(1)(B) of the Comprehensive Immigration Reform Act of 2011, the Secretary, in the Secretary’s discretion, with notice to the public provided in the Federal Register, may require any employer or industry which the Secretary determines to be part of the critical infrastructure or directly related to the national security or homeland security of the United States to participate in the System with respect to all newly hired employees and employees with expiring employment authorization. The Secretary shall notify employers subject to this subparagraph no less than 60 days prior to such required participation.

Not later than 2 years after the end of the application period for lawful protective status under section 111(c)(1)(B), all employers with more than 1,000 employees shall participate in the System with respect to all newly hired employees and employees with expiring employment authorization.

Not later than 3 years after the end of the application period for lawful protective status under section 111(c)(1)(B), all employers with more than 500 employees shall participate in the System with respect to all newly hired employees and employees with expiring employment authorization.

Not later than 4 years after the end of the application period for lawful protective status under section 111(c)(1)(B), all employers with more than 100 employees shall participate in the System with respect to all newly hired employees and employees with expiring employment authorization.

Not later than 5 years after the end of the application period for lawful protective status under section 111(c)(1)(B), all employers shall participate in the System with respect to all newly hired employees and employees with expiring employment authorization.

The Secretary of Homeland Security may waive or delay the participation requirements under this paragraph with respect to any employer or class of employers if the Secretary provides notice to Congress of such waiver before the date on which such waiver is granted.

The Secretary of Homeland Security shall waive or delay the participation requirements under this paragraph with respect to any employer or class of employers—

(I) until the date on which the Comptroller General of the United States submits the initial certification under paragraph (10)(E); and

(II) during any year in which the Comptroller General fails to submit a certification under such paragraph.

An order finding any employer to have violated section 274A, 274B, or 274C shall require the employer to participate in the System with respect to newly hired employees and employees with expiring employment authorization, if such employer is not otherwise required to participate in the System by this section. The Secretary shall monitor such employer’s compliance with System procedures.

The Secretary may—

(A) permit any employer that is not required under this section to participate in the System to do so on a voluntary basis; and

(B) require any employer that is required to participate in the System with respect to its newly hired employees also to do so with respect to its current workforce if the employer is determined by the Secretary or other appropriate authority to have engaged in any violation of the immigration laws.

If an employer is required under this subsection to participate in the System and fails to comply with the requirements of such program with respect to an individual—

(A) such failure shall be treated as a violation of subsection (a)(1)(B) with respect to that individual, and

(B) a rebuttable presumption is created that the employer has violated paragraph (1)(A) or (2) of subsection (a), except in the case of any criminal prosecution.

An employer participating in the System shall register such participation with the Secretary and conform to the following procedures in the event of hiring any individual for employment in the United States—

The Secretary, through notice in the Federal Register, shall prescribe procedures that employers shall follow to register with the System. In prescribing these procedures, the Secretary shall have authority to require employers to provide—

(I) employer’s name;

(II) employer’s Employment Identification Number (EIN) and such other employer identification information as the Secretary may designate;

(III) company address;

(IV) name, date of birth, and position of the employer’s employees accessing the System;

(V) the information described in subclauses (I) through (IV) of this clause with respect to any agent, contractor, or other service provider accessing the System on the employer’s behalf; and

(VI) such other information as the Secretary deems necessary to ensure proper use and security of the System.

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.

The Secretary shall require employers to undergo such training to ensure proper use, protection of civil rights and civil liberties, privacy, integrity and security of the System. To the extent practicable, such training shall be made available electronically.

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.

The employer shall obtain from the individual (and the individual shall provide) and shall record in such manner as the Secretary may specify—

(I) the individual's Social Security account number, or any other information relevant to determining citizenship as the Secretary of Homeland Security may specify,

(II) if the individual does not attest to United States nationality under subsection (c)(2), such identification or authorization number established by the Department of Homeland Security as the Secretary of Homeland Security shall specify, and

(III) such other information as the Secretary may require to determine the identity and employment authorization of an employee.

The employer, and the individual whose identity and employment eligibility are being confirmed, shall fulfill the requirements of subsection (c).

(i) The employer shall use the System to provide to the Secretary all required information in order to initiate confirmation of the identity and employment eligibility of any individual no earlier than the date upon which the individual has accepted an offer of employment, and no later than 3 business days, or such other reasonable period as the Secretary may provide, after the date when employment begins. An employer may not, however, make the starting date of an individual’s employment or training or any other term and condition of employment dependent on the receipt of a confirmation of identity and employment eligibility.

(ii) For reverification of an individual with a limited period of employment authorization, all required System procedures shall be initiated no later than 3 business days after the date the individual’s employment authorization expires.

(iii) For those employers required by the Secretary to verify their entire workforce, the System can be used for initial verification of an individual hired before the employer is subject to the System, and the employer shall initiate all required procedures on or before such date as the Secretary shall specify.

(iv) The Secretary shall provide, and the employer shall utilize, as part of the System, a method of notifying employers of a confirmation or nonconfirmation of an individual’s identity and employment eligibility, or a notice that further action is required to verify such identity or employment eligibility (further action notice). The Secretary and the Commissioner shall establish procedures to directly notify the individual, as well as the employer, of a confirmation, nonconfirmation, or further action notice, and provide information about filing an administrative appeal pursuant to paragraph (7). The Secretary and the Commissioner may provide for a phased-in implementation of the notification requirements of this clause as appropriate, but the notification system shall cover all inquiries not later than 5 years after the date of the enactment of the CIR Act of 2011.

The System shall provide a confirmation of an individual’s identity and employment eligibility or a further action notice at the time of the inquiry, unless for technological reasons or due to unforeseen circumstances, the System is unable to provide such confirmation or further action notice. In such situations, the System shall provide a confirmation or further action notice within 3 business days of the initial inquiry. If providing a confirmation or further action notice, the System shall provide an appropriate code indicating such confirmation or such further action notice.

When the employer receives an appropriate confirmation of an individual’s identity and employment eligibility under the System, the employer shall record the confirmation in such manner as the Secretary may specify.

Not later than 3 business days after an employer’s receipt of a further action notice of an individual’s identity or employment eligibility under the System, the employer shall notify the individual for whom the confirmation is sought of the further action notice and any procedures specified by the Secretary for addressing such notice. The further action notice shall be given to the individual in writing. The individual shall affirmatively acknowledge in writing, or in such other manner as the Secretary may specify, the receipt of the further action notice from the employer. If the individual refuses to acknowledge the receipt of the further action notice, or acknowledges in writing that he or she will not contest the further action notice under subclause (II), the employer shall notify the Secretary in such manner as the Secretary may specify.

Not later than 15 business days after receiving notification of a further action notice under subclause (I), the individual shall contact the appropriate Federal agency and, if the Secretary so requires, appear in person for purposes of verifying the individual’s identity and employment eligibility. The employer shall provide the individual with time as needed during daytime hours to contest the further action notice. The Secretary, in consultation with the Commissioner and other appropriate Federal agencies, shall specify an available secondary verification procedure to confirm the validity of information provided and to provide a confirmation or nonconfirmation.

If the individual refuses to acknowledge receipt of the further action notice, acknowledges that he or she will not contest the further action notice as provided in subclause (I), or does not contact the appropriate Federal agency within the period specified in subclause (II), a nonconfirmation shall issue. The employer shall record the nonconfirmation in such manner as the Secretary may specify and terminate the individual’s employment. An individual’s failure to contest a further action notice shall not be considered an admission of guilt with respect to any violation of this section or any provision of law.

Unless the period is extended in accordance with this subclause, the System shall provide a confirmation or nonconfirmation within 15 business days from the date that the individual contests the further action notice under subclause (II). If the Secretary determines that good cause exists, including to permit the individual to obtain and provide needed evidence of identity or employment eligibility, the Secretary shall extend the period for providing confirmation or nonconfirmation for stated periods beyond 15 business days. When confirmation or nonconfirmation is provided, the confirmation system shall provide an appropriate code indicating such confirmation or nonconfirmation.

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.

In no case shall an employer terminate employment or take any other adverse action against an individual solely because of a failure of the individual to have identity and employment eligibility confirmed under this subsection until a nonconfirmation has been issued, and if the further action notice was contested, the period to timely file an administrative appeal has expired without an appeal, or in the case where an administrative appeal or an action for judicial review has been filed, or the stay of the nonconfirmation has been terminated.

Not later than 3 business days after an employer’s receipt of a nonconfirmation, the employer shall notify the individual who is the subject of the nonconfirmation, and provide information about filing an administrative appeal pursuant to paragraph (7). The nonconfirmation notice shall be given to the individual in writing. The individual shall affirmatively acknowledge in writing, or in such other manner as the Secretary may specify, the receipt of the nonconfirmation notice from the employer. If the individual refuses or fails to acknowledge the receipt of the nonconfirmation notice, the employer shall notify the Secretary in such manner as the Secretary may specify.

Except as provided in clause (iii), if the employer has received a nonconfirmation regarding an individual and has notified the individual as required by subparagraph (C)(iv), the employer shall terminate employment of the individual upon the expiration of the time period as specified in paragraph (7)(A) for filing an administrative appeal, or immediately if the further action notice was not contested.

If the employer, in violation of clause (i), continues to employ an individual after receiving nonconfirmation, a rebuttable presumption is created that the employer has violated subsections (a)(1)(A) and (a)(2) of this section. The previous sentence shall not apply in any prosecution under subsection (l)(1) of this section.

If an individual files an administrative appeal of the nonconfirmation within the time period specified in paragraph (7)(A) and provides a copy of such appeal to the employer, the employer shall not terminate the individual’s employment under this subparagraph prior to the resolution of the administrative appeal or an action for judicial review under paragraph (8)(A) unless the Secretary or Commissioner terminates the stay under paragraph (7)(B).

(i) Employers are required to comply with requests for information from the Secretary, including queries concerning current and former employees (within the time frame during which records are required to be maintained under this section regarding such former employees) that relate to the functioning of the System, the accuracy of the responses provided by the System, and any suspected misuse, discrimination, fraud, or identity theft in the use of the System. Failure to comply with such a request is a violation of section (a)(1)(B).

(ii) Individuals being verified through the System may be required to take further action to address irregularities identified by the Secretary or the Commissioner in the documents relied upon for purposes of subsection (c). The employer shall communicate to the individual within 3 business days any such requirement for further actions and shall record the date and manner of such communication. The individual shall acknowledge in writing, or in such other manner as the Secretary may specify, the receipt of this communication from the employer. Failure to communicate such a requirement is a violation of section (a)(1)(B).

(iii) The Secretary is authorized, with notice to the public provided in the Federal Register, to implement, clarify, and supplement the requirements of this paragraph in order to facilitate the functioning, accuracy, and fairness of the System or to prevent misuse, discrimination, fraud, or identity theft in the use of the System.

(F) The Secretary may establish a process to certify, on an annual basis or such other time frame as the Secretary may provide, designated agents and other System service providers seeking access to the System to perform verification queries on behalf of employers, based upon training, usage, and security standards designated by the Secretary.

(G) No later than 3 months after the date of the enactment of this section, the Secretary of Homeland Security, in consultation with the Secretary of Labor, the Secretary of Agriculture, the Commissioner of Social Security, the Attorney General, the Equal Employment Opportunity Commission, Office of Special Counsel for Unfair Immigration Related Employment Practices, and the Administrator of the Small Business Administration, shall commence a campaign to disseminate information respecting the procedures, rights, and remedies prescribed under this section. Such campaign shall be aimed at increasing the knowledge of employers, employees, and the general public concerning employer and employee rights, responsibilities, and remedies under this section. The Secretary shall assess the success of the campaign in achieving its goals.

(i) In order to carry out and assess the campaign under this paragraph, the Secretary of Homeland Security may, to the extent deemed appropriate and subject to the availability of appropriations, contract with public and private organizations for outreach and assessment activities under the campaign.

(ii) There are authorized to be appropriated to carry out this paragraph $40,000,000 for each fiscal year 2012 through 2014.

(H) Based on a regular review of the System and the document verification procedures to identify misuse or fraudulent use and to assess the security of the documents and processes being used to establish identity or employment authorization, the Secretary, in consultation with the Commissioner, may modify the documents or information that shall be presented to the employer, the information that shall be provided to the System by the employer, and the procedures that shall be followed by employers with respect to any aspect of the System if the Secretary, in the Secretary’s discretion, concludes that the modification is necessary to ensure that the System accurately and reliably determines the identity and employment authorization of employees while providing protection against misuse, discrimination, fraud, and identity theft.

(I) Subject to appropriate safeguards to prevent misuse of the system, the Secretary, in consultation with the Commissioner, shall establish a secure self-verification procedure to permit an individual who seeks to verify the individual’s own employment eligibility prior to obtaining or changing employment to contact the appropriate agency and, in a timely manner, correct or update the information used by the System.

(J) The Secretary may, upon notice provided in the Federal Register, adjust the time periods described in this paragraph.

No employer participating in the System who complies with all System procedures as required in this Act shall be liable under this Act for any employment-related action taken with respect to the employee in good faith reliance on information provided through the confirmation system.

An individual who is notified pursuant to paragraph (5)(C)(iv) of a nonconfirmation by the employer may, not later than 15 business days after the date that such notice is received, file an administrative appeal of such nonconfirmation. An individual subject to a nonconfirmation may file an appeal thereof after the 15-day period if the appeal is accompanied by evidence that the individual did not receive timely notice of a nonconfirmation, or that there was good cause for the failure to file an appeal within the 15-day period. All administrative appeals shall be filed as follows:

An individual claiming to be a citizen or national of the United States shall file the administrative appeal with the Commissioner.

An individual claiming to be an alien authorized to work in the United States shall file the administrative appeal with the Secretary.

The nonconfirmation shall be automatically stayed upon the timely filing of an administrative appeal, and the stay shall remain in effect until the resolution of the appeal, unless the Secretary or the Commissioner terminates the stay based on a determination that the administrative appeal is frivolous or filed for purposes of delay.

The Secretary and the Commissioner shall develop procedures for resolving administrative appeals regarding nonconfirmations based upon the information that the individual has provided, including any additional evidence or argument that was not previously considered. Any such additional evidence or argument shall be filed within 15 days of the date the appeal was originally filed. Appeals shall be resolved within 30 days after the individual has submitted all evidence and arguments he or she wishes to submit, or has stated in writing that there is no additional evidence that he or she wishes to submit. The Secretary and the Commissioner may, on a case by case basis for good cause, extend the filing and submission period in order to ensure accurate resolution of an appeal before him or her. Administrative review under this paragraph shall be limited to whether the nonconfirmation notice is supported by the weight of the evidence.

If the individual was denied a stay under subparagraph (B) and the Secretary makes a determination that the nonconfirmation issued for an individual was not caused by an act or omission of the individual or the employer, the Secretary shall compensate the individual for lost wages in an amount not exceeding $75,000 and reasonable costs and attorneys’ fees incurred during administrative and judicial review which shall not exceed $50,000. Amounts under this clause may be adjusted to account for inflation pursuant to the US Consumer Price Index—All Urban Consumers (CPI–U) compiled by the Bureau of Labor Statistics.

Lost wages shall be calculated based on the wage rate and work schedule that prevailed prior to termination. The individual shall be compensated for wages lost beginning on the first scheduled work day after employment was terminated and ending 180 days after completion of the administrative review process described in this paragraph, or judicial review if any, or the day after the individual is reinstated or obtains employment elsewhere, whichever occurs first. If the individual obtains employment elsewhere at a lower wage rate, the individual shall be compensated for the difference in wages for the period ending 180 days after completion of the administrative review process or judicial review, if any.

For purposes of determining an individual's compensation for the loss of employment, such compensation shall not include any period in which the individual was ineligible for employment in the United States.

Compensation or reimbursement provided under this paragraph shall not be provided from funds appropriated in annual appropriations Acts to the Secretary for the Department of Homeland Security.

If the appeal is denied, the Secretary shall stay the decision for a period of 30 days to permit the individual to seek judicial review of the decision under paragraph (8)(A). If a judicial action is brought within this period, the stay shall remain in effect until the resolution of the case, unless the Court terminates the stay based on a determination that the action for judicial review is frivolous or filed for purposes of delay.

After the Secretary or the Commissioner makes a final determination on an appeal filed by an individual under paragraph (7), the individual may obtain judicial review of such determination in a civil action commenced not later than 30 days after notice of such decision.

A civil action for such judicial review shall be brought in the district court of the United States for the judicial district in which the plaintiff resides or, if the plaintiff does not reside within any such judicial district, in the District Court of the United States for the District of Columbia.

The defendant is either the Secretary or the Commissioner, but not both, depending upon who issued the administrative order under paragraph (7). In addition to serving the defendant, the plaintiff shall also serve the Attorney General.

As part of the Secretary's or the Commissioner’s answer to a complaint for such judicial review, the Secretary or the Commissioner shall file a certified copy of the administrative record compiled during the administrative review under paragraph (7), including the evidence upon which the findings and decision complained of are based. The court shall have power to enter, upon the pleadings and the administrative record, a judgment affirming or reversing the result of that administrative review, with or without remanding the cause for a rehearing.

(i) The burden shall be on the plaintiff to show that the administrative order was erroneous. Administrative findings of fact are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary. The court, upon good cause shown, may in its discretion remand to the Secretary or the Commissioner for additional fact-finding or other proceedings.

(ii) If the plaintiff meets his or her burden to show that the administrative order was erroneous, the court shall, upon request of the plaintiff, determine whether the plaintiff can establish by the preponderance of the evidence that the error was caused by the decision rules, processes, or procedures utilized by the System or erroneous system information that was not the result of acts or omissions of the individual.

In cases in which the judicial review reverses the final determination of the Secretary or the Commissioner made under paragraph (7), the individual was denied a stay under subparagraph (B), and the court finds that the final determination was erroneous by reason of the decision rules, processes, or procedures utilized by the System or erroneous system information that was not the result of acts or omissions of the individual, the court may award to the individual lost wages not exceeding $75,000, reasonable costs and attorneys’ fees incurred during administrative and judicial review which shall not exceed $50,000, and compensatory damages in an amount deemed necessary by the court. Amounts under this clause may be adjusted to account for inflation pursuant to the US Consumer Price Index—All Urban Consumers (CPI–U) compiled by the Bureau of Labor Statistics.

Lost wages shall be calculated based on the wage rate and work schedule that prevailed prior to termination. The individual shall be compensated for wages lost beginning on the first scheduled work day after employment was terminated and ending 180 days after completion of the judicial review described in this paragraph or the day after the individual is reinstated or obtains employment elsewhere, whichever occurs first. If the individual obtains employment elsewhere at a lower wage rate, the individual shall be compensated for the difference in wages for the period ending 180 days after completion of the judicial review process. No lost wages shall be awarded for any period of time during which the individual was not authorized to be employed in the United States.

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.

Awards of compensation for lost wages, costs, and attorneys’ fees under this paragraph shall be the exclusive remedy for a finding under clause (i) that a final determination of the Secretary or the Commissioner made under paragraph (7) was erroneous by reason of the negligence or recklessness of the Secretary or the Commissioner.

If the nonconfirmation issued for an individual was caused by negligence or other misconduct on the part of the employer, the individual may seek recovery of damages, reinstatement, back pay, and other appropriate remedies in a civil action against the employer. Such action shall be commenced not later than 90 days after notice of the Secretary’s or the Commissioner’s decision on an administrative appeal under paragraph (7) or the Court's decision in an action for judicial review under paragraph (8), or 90 days after termination of the individual as a result of the final nonconfirmation if no such administrative appeal or action for judicial review is taken. The action shall be brought in the district court of the United States for the judicial district in which the plaintiff resides or, if the plaintiff does not reside within any such judicial district, in the District Court of the United States for the District of Columbia. In such action, no prior administrative or judicial finding relating to the employer in any proceeding to which the employer was not a party may be given any res judicata or collateral estoppel effect against the employer.

The Comptroller General of the United States shall conduct an annual study of the System as described in this paragraph.

The Comptroller General shall, for each year, undertake a study to determine whether the System meets the following requirements:

New information and information changes submitted by an individual to the System is updated in all of the relevant databases not later than 3 working days after submission in at least 99 percent of all cases.

That, during a year, the number of incorrect tentative nonconfirmations provided through the System is not more than 1 percent.

That, during a year—

(aa) the rate of incorrect tentative nonconfirmations shall not have increased by more than 3 percent compared to the previous year.

(bb) the rate at which unauthorized immigrants receive incorrect confirmations shall not have increased by more than 3 percent compared to the previous year.

That, during the year, not more than 10 percent of employers are found in violation of section 171(a)(4).

The System has not resulted in increased discrimination or cause reasonable employers to conclude that individuals of certain races or ethnicities are more likely to have difficulties when offered employment caused by the operation of the System.

The System has not resulted in increased employer noncompliance with system rules, including not notifying workers of tentative nonconfirmations, adverse employment consequences due to tentative nonconfirmations, prescreening, and reverification of workers against System rules.

The System has not and will not result in increased identity fraud or theft.

At least 97 percent of employers who participate in the System are in full compliance with the privacy requirements described in this subsection.

The System will not result in lost productivity or replacement and retraining costs due to United States citizen and work-authorized immigrants being terminated due to database errors.

The System has not and will not increase the cost of agricultural products by more than 5 percent.

Use of the System will not put small family farms out of business.

Use of the System will not cause Americans to lose jobs related to the agriculture industry.

The Secretary and Commissioner of Social Security have sufficient funding to meet all of the deadlines and requirements of this subsection.

The determinations described in clauses (i) through (vi) of subparagraph (B) shall be based on an independent study commissioned by the Comptroller General in each phase of expansion of the System.

In conducting a study under this paragraph, the Comptroller General shall consult with representatives of business, labor, immigrant communities, State governments, privacy advocates, and appropriate departments of the United States.

Not later than 21 months after the date of the enactment of the Act, and annually thereafter, the Comptroller General shall submit to the Secretary and to Congress a report containing the findings of the study carried out under this paragraph and shall include the following:

(i) An assessment of the accuracy of the databases utilized by the System and of the timeliness and accuracy of the responses provided through the System to employers.

(ii) An assessment of the privacy and confidentiality of the System and of the overall security of the System with respect to cybertheft and theft or misuse of private data.

(iii) An assessment of whether the System is being implemented in a nondiscriminatory and nonretaliatory manner.

(iv) An assessment of the most common causes for the erroneous issuance of nonconfirmations by the System and recommendations to correct such causes.

(v) The recommendations of the Comptroller General regarding whether or not the System should be modified prior to further expansion.

If the Comptroller General determines that the System meets the requirements set out in clauses (i) through (vii) of subparagraph (B) for 1 year, the Comptroller shall certify such determination and submit such certification to Congress with the report required by subparagraph (E).

The Office for Civil Rights and Civil Liberties shall conduct annual audits of E–Verify described in section 403(a) of the Illegal Immigration Reform and Responsibility Act of 1996, Public Law No. 104–208, Div. C, 110 Stat. 3009–546, to assess employer compliance with System requirements, including civil rights and civil liberties protections, and compliance with the System rules and procedures set forth in the Memorandum of Understanding between employers and the Social Security Administration and the Department of Homeland Security.

Annual audits shall include, but are not limited to, the following activities:

(i) Use of testers to check if employers’ are using E–Verify as outlined in the Memorandum of Understanding between employers and the Department of Homeland Security and the Social Security Administration, including if employers are misusing of the system to prescreen job applicants, if employers are giving proper notification to employees’ regarding nonconfirmations, and if employers are taking adverse actions against workers based upon nonconfirmations.

(ii) Random audits of employers to confirm that employers are using the system as outlined in the Memorandum of Understanding and in a manner consistent with civil rights and civil liberties protections; and

(iii) Periodic audits of employers for which the Special Counsel has received information or complaints and/or actual charges of citizenship/national origin discrimination or document abuse.

The Office shall have the authority to obtain from users of E–Verify relevant documents and testimony and answers to written interrogatories. The Office shall also have the authority to conduct site visits, and interview employees.

Employers that fail to cooperate with the Office for Civil Rights and Civil Liberties shall be noted in the annual report set forth below in this subsection.

Not later than 18 months after the date of the enactment of the Act, and annually thereafter, the Office for Civil Rights and Civil Liberties shall submit a report to the President of the Senate, the Speaker of the House of Representatives, and the appropriate committees and subcommittees of Congress that contains the findings of the audit carried out under this paragraph.

The Secretary is authorized to establish, manage, and modify the System, which shall—

(i) respond to inquiries made by participating employers at any time through the internet, or such other means as the Secretary may designate, concerning an individual’s identity and whether the individual is authorized to be employed;

(ii) maintain records of the inquiries that were made, of confirmations provided (or not provided), and of the codes provided to employers as evidence of their compliance with their obligations under the System; and

(iii) provide information to, and require action by, employers and individuals using the System.

The System shall be designed and operated—

(i) to maximize its reliability and ease of use by employers consistent with protecting the privacy and security of the underlying information, and ensuring full notice of such use to employees;

(ii) to maximize its ease of use by employees, including notification of its use, of results, and ability to challenge results;

(iii) to respond accurately to all inquiries made by employers on whether individuals are authorized to be employed and to register any times when the system is unable to receive inquiries;

(iv) to maintain appropriate administrative, technical, and physical safeguards to prevent unauthorized disclosure of personal information, misuse by employers and employees, and discrimination;

(v) to allow for auditing of the use of the System to detect misuse, discrimination, fraud, and identity theft, and to preserve the integrity and security of the information in all of the System, including but not limited to the following—

(I) to develop and use tools and processes to detect or prevent fraud and identity theft, such as multiple uses of the same identifying information or documents to fraudulently gain employment;

(II) to develop and use tools and processes to detect and prevent misuse of the system by employers and employees;

(III) to develop tools and processes to detect anomalies in the use of the system that may indicate potential fraud or misuse of the system; and

(IV) to audit documents and information submitted by employees to employers, including authority to conduct interviews with employers and employees, and obtain information concerning employment from the employer;

(vi) to confirm identity and employment authorization through verification and comparison of records maintained by the Secretary, other Federal departments, states, or outlying possessions of the United States, or other available information, as determined necessary by the Secretary, including—

(I) records maintained by the Social Security Administration;

(II) birth and death records maintained by vital statistics agencies of any state or other United States jurisdiction;

(III) passport and visa records (including photographs) maintained by the Department of State; and

(IV) state driver's license or identity card information (including photographs) maintained by State departments of motor vehicles;

(vii) to confirm electronically the issuance of the employment authorization or identity document and to display the digital photograph that the issuer placed on the document so that the employer can compare the photograph displayed to the photograph on the document presented by the employee. If a photograph is not available from the issuer, the Secretary shall specify alternative procedures for confirming the authenticity of the document; and

(viii) to include, notwithstanding section 6103 of title 26, U.S. Code, procedures for verification by the Secretary of the Treasury of the validity of any employer identification number and related information provided by an employer to the Secretary for the purpose of participating in the System.

(i) Notwithstanding any other provision of law, the Secretary of Homeland Security shall have access to relevant records described in subparagraphs (B)(vi) and (viii), for the purposes of preventing identity theft, fraud and misuse in the use of the System and administering and enforcing the provisions of this section governing employment verification. Any governmental agency or entity possessing such relevant records shall provide such assistance and cooperation in resolving further action notices and nonconfirmations relating to such records, or otherwise to improve the accuracy of the System, as the Secretary may request. A state or other non-Federal jurisdiction that does not provide such access, assistance, and cooperation shall not be eligible for any grant or other program of financial assistance administered by the Secretary or by the Commissioner.

(ii) The Secretary, in consultation with the Commissioner and other appropriate Federal and State agencies, shall develop policies and procedures to ensure protection of the privacy and security of personally identifiable information and identifiers contained in the records accessed or maintained by the System. The Secretary, in consultation with the Commissioner and other appropriate Federal and State agencies, shall develop and deploy appropriate privacy and security training for the Federal and State employees accessing the records under the System.

(iii) The Secretary, acting through the Chief Privacy Officer of the Department of Homeland Security, shall conduct regular privacy audits of the policies and procedures established under clause (ii), including any collection, use, dissemination, and maintenance of personally identifiable information and any associated information technology systems, as well as scope of requests for this information. The Chief Privacy Officer shall review the results of the audits and recommend to the Secretary any changes necessary to improve the privacy protections of the program.

(i) As part of the System, the Secretary shall maintain a reliable, secure method, which, operating through the System and within the time periods specified, compares the name, alien identification or authorization number, or other information as determined relevant by the Secretary, provided in an inquiry against such information maintained or accessed by the Secretary in order to confirm (or not confirm) the validity of the information provided, the correspondence of the name and number, whether the alien is authorized to be employed in the United States (or, to the extent that the Secretary determines to be feasible and appropriate, whether the records available to the Secretary verify the identity or status of a national of the United States), and such other information as the Secretary may prescribe.

(ii) As part of the System, the Secretary shall establish a reliable, secure method, which, operating through the System, displays the digital photograph described in subparagraph (B)(vii).

(iii) The Secretary shall have authority to prescribe when a confirmation, nonconfirmation, or further action notice shall be issued.

(iv) The Secretary shall perform regular audits under the System, as described in subparagraph (B)(v) and shall utilize the information obtained from such audits, as well as any information obtained from the Commissioner pursuant to section 174 of the Comprehensive Immigration Reform Act of 2011, for the purposes of this section, to administer and enforce the immigration laws, and to ensure employee rights are protected under the System.

(v) The Secretary may make appropriate arrangements to allow employers or employees who are otherwise unable to access the System to use Federal Government facilities or public facilities or other available locations in order to utilize the program.

(vi) The Secretary shall, in consultation with the Commissioner, establish a program which shall provide a reliable, secure method by which victims of identity fraud and other individuals may suspend or limit the use of their Social Security account number or other identifying information for System purposes. The Secretary may implement the program on a limited pilot program basis before making it fully available to all individuals.

(vii) The Secretary, in consultation with the Commissioner of Social Security, shall establish procedures for an Enhanced Verification System under section 178 of the Comprehensive Immigration Reform Act of 2011.

(viii) The Secretary and the Commissioner shall establish a program in which Social Security account numbers that have been identified to be subject to unusual multiple use in the System, or that are otherwise suspected or determined to have been compromised by identity fraud or other misuse, shall be blocked from use for System purposes unless the individual using such number is able to establish, through secure and fair additional security procedures, that he or she is the legitimate holder of the number.

(ix) The Secretary shall establish a monitoring and compliance unit to detect and reduce identity fraud and other misuse of the program.

(x) The Secretary, acting through the Officer for Civil Rights and Civil Liberties of the Department of Homeland Security, shall conduct regular civil rights and civil liberties assessments of the System, including participation by employers, other private entities, other Federal agencies, and state and local government. The Officer shall review the results of the assessment and recommend to the Secretary any changes necessary to improve the civil rights and civil liberties protections of the program.

As part of the System, the Secretary of State shall provide to the Secretary access to passport and visa information as needed to confirm that a passport or passport card presented under subsection (c)(1)(B) confirms the identity of the subject of the System check, or that a passport, passport card or visa photograph matches the Secretary of State’s records, and shall provide such assistance as the Secretary may request in order to resolve further action notices or nonconfirmations relating to such information.

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.

Notwithstanding any other provision of law, nothing in this subsection shall be construed to permit or allow any department, bureau, or other agency of the United States Government to utilize any information, database, or other records assembled under this subsection for any purpose other than for verification as provided by this subsection the enforcement and administration of the immigration laws, or the enforcement of Federal laws for violations relating to use of the System.

Sections 401 to 405 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208; 8 U.S.C. 1234a note) are repealed. Nothing in this subsection may be construed to limit the authority of the Secretary to allow or continue to allow the participation in the System of employers who have participated in the E–Verify program established by such sections.

The employer shall use the procedures for the System specified in this section for all employees without regard to race, sex, national origin, or, unless specifically permitted in this section, to citizenship status.

The Secretary of Homeland Security shall establish procedures—

(A) for individuals and entities to file complaints respecting potential violations of subsections (a) or (f)(1);

(B) for the investigation of those complaints which the Secretary deems appropriate to investigate; and

(C) for such other investigations of violations of subsections (a) or (f)(1) as the Secretary determines to be appropriate.

In conducting investigations and hearings under this subsection, immigration officers shall have reasonable access to examine evidence of any employer being investigated.

The Secretary, in cooperation with the Commissioner and Attorney General, and in consultation with other relevant agencies, shall establish a Joint Employment Fraud Task Force consisting of, at a minimum, the System’s compliance personnel, immigration law enforcement officers, Special Counsel for Unfair Immigration-Related Employment Practices personnel, Department of Homeland Security Office for Civil Rights and Civil Liberties personnel, and Social Security Administration fraud division personnel.

If the Secretary has reasonable cause to believe that there has been a civil violation of this section, the Secretary shall issue to the employer concerned a written notice of the Department’s intention to issue a claim for a monetary or other penalty. Such pre-penalty notice shall—

(i) describe the violation;

(ii) specify the laws and regulations allegedly violated;

(iii) disclose the material facts which establish the alleged violation;

(iv) describe the penalty sought to be imposed; and

(v) inform such employer that he or she shall have a reasonable opportunity to make representations as to why a monetary or other penalty should not be imposed.

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.

After considering the employer’s response under subparagraph (B), the Secretary shall determine whether there was a violation and promptly issue a written final determination setting forth the findings of fact and conclusions of law on which the determination is based. If the Secretary determines that there was a violation, the Secretary shall issue the final determination with a written penalty claim. The penalty claim shall specify all charges in the information provided under clauses (i) through (iii) of subparagraph (A) and any mitigation of the penalty that the Secretary deems appropriate under paragraph (5)(D).

Any employer that violates any provision of subsection (a)(1)(A) or (a)(2) shall:

(i) pay a civil penalty of not less than $2,000 and not more than $5,000 for each unauthorized alien with respect to which each violation of either subsection (a)(1)(A) or (a)(2) occurred;

(ii) if the employer has previously been fined under this paragraph, pay a civil penalty of not less than $4,000 and not more than $10,000 for each unauthorized alien with respect to which a violation of either subsection (a)(1)(A) or (a)(2) occurred; and

(iii) if the employer has previously been fined more than once under this paragraph, pay a civil penalty of not less than $8,000 and not more than $25,000 for each unauthorized alien with respect to which a violation of either subsection (a)(1)(A) or (a)(2) occurred.

If an employer is determined to have committed within the 5 years immediately preceding the date of any violation of subsection (a)(1)(A) or (a)(2) a civil or criminal violation of a Federal or State law relating to wage and hour or other employment standards, workplace safety, collective bargaining, civil rights, or immigration, by a court or an administrative agency with jurisdiction over such violation, for which a monetary penalty of at least $500, a judicial injunction, or other equitable relief, or any term of imprisonment has been imposed, any civil money penalty or criminal fine otherwise applicable under this section shall be trebled. In any proceeding under this section, the Secretary of Homeland Security, administrative law judge, or court, as appropriate, shall determine whether a court or administrative agency has imposed such penalty for such previous violation of other law, but the validity and appropriateness of such prior action shall not be subject to review.

Any employer that violates or fails to comply with any requirement of subsection (a)(1)(B), shall pay a civil penalty as follows:

(i) not less than $500 and not more than $2,000 for each violation;

(ii) if an employer has previously been fined under this paragraph, not less than $1,000 and not more than $4,000 for each violation; and

(iii) if an employer has previously been fined more than once under this paragraph, not less than $2,000 and not more than $8,000 for each violation.

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).

The Secretary is authorized, upon such terms and conditions as the Secretary deems reasonable and just and in accordance with such procedures as the Secretary may establish, to reduce or mitigate penalties imposed upon employers, based upon factors including, but not limited to, the employer's hiring volume, compliance history, good-faith implementation of a compliance program, and voluntary disclosure of violations of this subsection to the Secretary. The Secretary shall not mitigate a penalty below the minimum penalty provided by this section, except that the Secretary may, in the case of an employer subject to penalty for record-keeping or verification violations only who has not previously been penalized under this section, in the Secretary’s discretion, mitigate the penalty below the statutory minimum or remit it entirely.

All penalties authorized in this paragraph may be adjusted periodically to account for inflation as provided by law.

If the Secretary has reasonable cause to believe that an employer has failed to comply with this section, the Secretary is authorized, at any time, to require that the employer certify that it is in compliance with this section, or has instituted a program to come into compliance. Within 60 days of receiving a notice from the Secretary requiring such a certification, the employer’s chief executive officer or similar official with responsibility for, and authority to bind the company on, all hiring and immigration compliance notices shall certify under penalty of perjury that the employer is in conformance with the requirements under paragraphs (1) through (4) of subsection (c), pertaining to document verification requirements, and with subsection (d), pertaining to the System (once that system is implemented with respect to that employer according to the requirements of subsection (d)(1)), and with any additional requirements that the Secretary may promulgate by regulation pursuant to subsections (c) or (d) or that the employer has instituted a program to come into compliance with these requirements. At the request of the employer, the Secretary may extend the 60-day deadline for good cause. The Secretary is authorized to publish in the Federal Register standards or methods for such certification, require specific recordkeeping practices with respect to such certifications, and audit the records thereof at any time. This authority shall not be construed to diminish or qualify any other penalty provided by this section.

Notwithstanding any other provision of law, including sections 1361 and 1651 of title 28, United States Code, no court shall have jurisdiction to consider a final determination or penalty claim issued under paragraph (4)(C), except as specifically provided by this paragraph. Judicial review of a final determination under paragraph (5) is governed only by chapter 158 of such title 28, except as specifically provided below. The Secretary is authorized to require that the petitioner provide, prior to filing for review, security for payment of fines and penalties through bond or other guarantee of payment acceptable to the Secretary.

With respect to judicial review of a final determination or penalty claim issued under paragraph (4)(C), the following requirements apply:

The petition for review shall be filed no later than 30 days after the date of the final determination or penalty claim issued under paragraph (4)(C).

The petition for review shall be filed with the court of appeals for the judicial circuit where the employer’s principal place of business was located when the final determination or penalty claim was issued. The record and briefs do not have to be printed. The court of appeals shall review the proceeding on a typewritten or electronically filed record and briefs.

The respondent is the Secretary of Homeland Security. In addition to serving the respondent, the petitioner shall also serve the Attorney General.

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.

The court of appeals shall decide the petition only on the administrative record on which the final determination is based. The burden shall be on the petitioner to show that the final determination was arbitrary, capricious, an abuse of discretion, not supported by substantial evidence, or otherwise not in accordance with law.

A court may review a final determination under paragraph (4)(C) only if—

(i) the petitioner has exhausted all administrative remedies available to the petitioner as of right; and

(ii) another court has not decided the validity of the order, unless the reviewing court finds that the petition presents grounds that could not have been presented in the prior judicial proceeding or that the remedy provided by the prior proceeding was inadequate or ineffective to test the validity of the order.

Regardless of the nature of the action or claim or of the identity of the party or parties bringing the action, no court (other than the Supreme Court) shall have jurisdiction or authority to enjoin or restrain the operation of the provisions in this section, other than with respect to the application of such provisions to an individual petitioner.

If the final determination issued against the employer under this subsection is not subject to review under paragraph (7), the Attorney General, upon request by the Secretary, may bring a civil action to enforce compliance with the final determination in any appropriate district court of the United States. The court, on a proper showing, shall issue a temporary restraining order or a preliminary or permanent injunction requiring that the employer comply with the final determination issued against that employer under this subsection. In any such civil action, the validity and appropriateness of the final determination shall not be subject to review.

If any employer liable for a fee or penalty under this section neglects or refuses to pay such liability and fails to file a petition for review (if applicable) under paragraph (7), such liability is a lien in favor of the United States on all property and rights to property of such person as if the liability of such person were a liability for a tax assessed under the Internal Revenue Code of 1986. If a petition for review is filed as provided in paragraph (7), the lien (if any) shall arise upon the entry of a final judgment by the court. The lien continues for 20 years or until the liability is satisfied, remitted, set aside, or terminated.

Upon filing of a notice of lien in the manner in which a notice of tax lien would be filed under paragraphs (1) and (2) of section 6323(f) of the Internal Revenue Code of 1986, the lien shall be valid against any purchaser, holder of a security interest, mechanic’s lien or judgment lien creditor, except with respect to properties or transactions specified in subsection (b), (c), or (d) of section 6323 of the Internal Revenue Code of 1986 for which a notice of tax lien properly filed on the same date would not be valid. The notice of lien shall be considered a notice of lien for taxes payable to the United States for the purpose of any State or local law providing for the filing of a notice of a tax lien. A notice of lien that is registered, recorded, docketed, or indexed in accordance with the rules and requirements relating to judgments of the courts of the State where the notice of lien is registered, recorded, docketed, or indexed shall be considered for all purposes as the filing prescribed by this section. The provisions of section 3201(e) of chapter 176 of title 28, United States Code, shall apply to liens filed as prescribed under this section.

A lien obtained through this process shall be considered a debt (as defined in section 3002 of title 28, United States Code) and enforceable pursuant to the Federal Debt Collection Procedures Act (28 U.S.C. 3201 et seq.).

The Attorney General shall have jurisdiction to adjudicate administrative proceedings under this subsection, pursuant to procedures for hearings before administrative law judges as in effect under section 274A(e) of this Act and its implementing regulations on the day immediately before the date of the enactment of the CIR Act of 2011, until the date that regulations promulgated by the Secretary, in consultation with the Attorney General, for the adjudication of cases under this subsection are in effect. Such regulations may provide for the continuing jurisdiction of the Attorney General over cases pending before the Attorney General on such date that the regulations are promulgated. Sections 1512 and 1517 of the Homeland Security Act (6 U.S.C. 552 and 557) shall apply to any transfer of jurisdiction to adjudicate cases under this subsection from the Attorney General to the Secretary as if such transfer is a transfer under the Homeland Security Act; provided that, nothing in this sentence shall be construed to require any transfer of personnel from the Department of Justice to the Department of Homeland Security.

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.

Any employer who is determined, after notice and opportunity for mitigation of the monetary penalty under subsection (e), to have violated paragraph (1) shall be subject to a civil penalty of $10,000 for each violation and to an administrative order requiring the return of any amounts received in violation of such paragraph to the employee or, if the employee cannot be located, to the general fund of the Treasury.

Whenever an employer who holds Federal contracts, grants, or cooperative agreements, or reasonably may be expected to submit offers for or be awarded a government contract, is determined by the Secretary to be a repeat violator of this section or is convicted of a crime under this section, the employer shall be subject to debarment from the receipt of Federal contracts, grants, or cooperative agreements for a period of up to 5 years in accordance with the procedures and standards prescribed by the Federal Acquisition Regulation. Prior to debarring the employer, the Secretary, in cooperation with the Administrator of General Services, shall advise all agencies holding contracts, grants, or cooperative agreements with the employer of the proceedings to debar the employer from the receipt of new Federal contracts, grants, or cooperative agreements for a period of up to 5 years. After consideration of the views of agencies holding contracts, grants or cooperative agreements with the employer, the Secretary may, in lieu of proceedings to debar the employer from the receipt of new Federal contracts, grants, or cooperative agreements for a period of up to 5 years, waive operation of this subsection, limit the duration or scope of the proposed debarment, or may refer to an appropriate lead agency the decision of whether to seek debarment of the employer, for what duration, and under what scope in accordance with the procedures and standards prescribed by the Federal Acquisition Regulation. However, any administrative determination of liability for civil penalty by the Secretary or the Attorney General shall not be reviewable in any debarment proceeding.

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.

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.

Nothing in this subsection shall be construed to modify or limit any remedy available to any agency or official of the Federal Government for violation of any contractual requirement to participate in the System, as provided in the final rule published at 73 Federal Register 67,651 (Nov. 14, 2008), or any subsequent amendments to such rule.

The provisions of this section preempt any State or local law, contract license, or other standard, requirement, action or instrument from—

(1) imposing sanctions or liabilities for employing, or recruiting or referring for employment, unauthorized aliens, or for working without employment authorization;

(2) requiring those hiring, recruiting, or referring individuals for employment to ascertain or verify the individuals’ employment authorization or to participate in an employment authorization verification system, or requiring individuals to demonstrate employment authorization; and

(3) requiring, authorizing or permitting the use of an employment verification system, unless otherwise mandated by Federal law, for any other purpose, including verifying the status of renters, determining eligibility for receipt of benefits, enrollment in school, obtaining or retaining a business license or other license, or conducting a background check.

Neither backpay nor any other monetary remedy for unlawful employment practices, workplace injuries or other causes of action giving rise to liability shall be denied to a present or former employee on account of—

(1) the employer's or the employee's failure to comply with the requirements of this section in establishing or maintaining the employment relationship; the employee s violation of the provisions of federal law related to the employment verification system set forth in subsection (a); or

(2) the employee's continuing status as an unauthorized alien both during and after termination of employment.

Except as otherwise specified, civil penalties collected under this section shall be deposited by the Secretary into the Immigration Reform Penalty Account.

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.

Any action instituted under this subsection shall be filed not later than 180 days after the date of the implementation of the challenged section or regulation described in subparagraph (A) or (B) of paragraph (1).

In determining whether the Secretary's interpretation regarding any provision of this section is contrary to law, a court shall accord to such interpretation the maximum deference permissible under the Constitution.

Any person or entity who is injured in his business or property by reason of the employment of an unauthorized alien by any other person or entity may sue such other person or entity in any district court of the United States in the district in which the defendant resides or is found or has an agent, without respect to the amount in controversy, and shall recover threefold the damages sustained, and the cost of suit, including reasonable attorney’s fees. The award of interest, and the amount of damages payable to foreign states and instrumentalities of foreign states, shall be determined in the manner provided by section 15 of title 15, United States Code. The provision shall become effective 3 years after the date of the enactment of the CIR Act of 2011 and shall apply only to injury occurring after the effective date.

Any employer who engages in a pattern or practice of knowing violations of paragraph (1)(A) or (2) of subsection (a) shall be fined under title 18, United States Code, imprisoned for not more than 3 years for the entire pattern or practice, or both.

Whenever the Secretary or the Attorney General has reasonable cause to believe that an employer is engaged in a pattern or practice of employment in violation of paragraph (1)(A) or (2) of subsection (a), the Attorney General may bring a civil action in the appropriate district court of the United States requesting such relief, including a permanent or temporary injunction, restraining order, or other order against the employer, as the Secretary or Attorney General determines to be necessary.

Any person who, during any 12-month period, knowingly employs or hires for employment 10 or more individuals within the United States knowing that the individuals are unauthorized aliens (as defined in subsection (b)(1) of this section) shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both.

Any person who, during any 12-month period, knowingly employs or hires for employment 10 or more individuals within the United States— shall be fined under title 18, United States Code, or imprisoned for not more than 10 years, or both.

(A) knowing that the individuals are unauthorized aliens; and

(B) under conditions that violate section 206 or 207 of title 29, United States Code (relating to minimum wages and maximum hours of employment),

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.

Section 274(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(3)) is repealed.

Section 6103(p) of the Internal Revenue Code is amended by adding at the end the following new paragraph:

Notwithstanding any other provision of this section, no return or return information shall be disclosed to any contractor of the Department of Homeland Security unless such Department, to the satisfaction of the Secretary of the Treasury—

(A) has requirements in effect that require each such contractor that would have access to returns or return information to provide safeguards (within the meaning of paragraph (4)) to protect the confidentiality of such returns or return information;

(B) agrees to conduct an on-site review every 3 years (mid-point review in the case of contracts or agreements of less than 3 years in duration) of each contractor to determine compliance with such requirements;

(C) submits the findings of the most recent review conducted under subparagraph (B) to the Secretary as part of the report required by paragraph (4)(E); and

(D) certifies to the Secretary for the most recent annual period that such contractor is in compliance with all such requirements, which shall include the name and address of each contractor, a description of the contract or agreement with such contractor, and the duration of such contract or agreement.

(1) Section 6103(p)(8)(B) of such Code is amended by inserting or paragraph (9) after subparagraph (A).

(2) Section 7213(a)(2) of such Code is amended by striking or (20) and inserting (20), or (21).

Subsection (c) of section 290 of the Immigration and Nationality Act (8 U.S.C. 1360) is repealed.

Subsection (b) of section 414 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208; 8 U.S.C. 1360 note) is repealed.

Not later than 180 days after the date of the enactment of this Act, the Commissioner of Social Security shall begin work to administer and issue fraud-resistant, tamper-resistant, and wear-resistant Social Security cards.

Not later than 2 years after the date of the enactment of this Act, the Commissioner of Social Security shall issue only fraud-resistant, tamper-resistant and wear-resistant Social Security cards.

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.

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

Section 205(c)(2)(G) of the Social Security Act (42 U.S.C. 405(c)(2)(G)) is further amended by adding at the end the following:

(ii) The Commissioner of Social Security shall not issue a replacement Social Security card to any individual unless the Commissioner determines that the purpose for requiring the issuance of the replacement document is legitimate.

Section 208(a) of the Social Security Act (42 U.S.C. 408(a)) is amended—

(1) by amending paragraph (7) to read as follows:

(7) for any purpose—

(A) knowingly uses a Social Security account number or social security card knowing that the number or card was obtained from the Commissioner of Social Security by means of fraud or false statement with the intent to defraud the actual holder of the number or card;

(B) knowingly and falsely represents a number to be the Social Security account number assigned by the Commissioner of Social Security to him or to another person, when in fact such number is not the Social Security account number assigned by the Commissioner of Social Security to him or to such other person with the intent to defraud the actual holder of the number or card;

(C) knowingly sells, or possesses with intent sell a Social Security account number or a Social Security card that is or purports to be a number or card issued by the Commissioner of Social Security; or

(D) knowingly alters, counterfeits, forges, or falsely makes a Social Security account number or a Social Security card;

(E) knowingly distributes a social security account number or a Social Security card knowing the number or card to be altered, counterfeited, forged, falsely made, or stolen; or;

(2) in paragraph (8)—

(A) by inserting the word knowingly immediately before the word discloses;

(B) by inserting the word account immediately after the word security; and

(C) by adding or at the end of the paragraph;

(3) by inserting immediately after paragraph (8) the following:

(9) without lawful authority, knowingly produces or acquires for any person a Social Security account number, a Social Security card, or a number or card that purports to be a Social Security account number or Social Security card;

(4) in the undesignated penalty language at the end of subsection (a), by striking the word five and inserting the word ten.

Section 208 of the Social Security Act (42 U.S.C. 408) is amended by adding at the end the following:

(f) Whoever attempts or conspires to violate any criminal provision within this section shall be punished in the same manner as a person who completes a violation of that provision.

Not later than 1 year after the date of the enactment of this Act, the Secretary shall—

(1) issue only machine-readable, tamper-resistant employment authorization documents that use biometric identifiers; and

(2) submit a report to Congress that describes the feasibility, advantages, and disadvantages of issuing a document described in paragraph (1) to any nonimmigrant alien authorized for employment with a specific employer.

Section 205(c)(12) of the Social Security Act, 42 U.S.C. 405(c)(2), is amended by adding at the end the following new subparagraph:

(i) As part of the verification system, the Commissioner of Social Security shall, subject to the provisions of section 274A(d) of the Immigration and Nationality Act, establish a reliable, secure method that, operating through the System and within the time periods specified in section 274A(d) of the Immigration and Nationality Act: 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).

(I) Compares the name, date of birth, Social Security account number and available citizenship information provided in an inquiry against such information maintained by the Commissioner in order to confirm (or not confirm) the validity of the information provided regarding an individual whose identity and employment eligibility shall be confirmed.

(II) Determines the correspondence of the name, number, and any other identifying information.

(III) Determines whether the name and number belong to an individual who is deceased.

(IV) Determines whether an individual is a national of the United States (when available).

(V) Determines whether the individual has presented a Social Security account number that is not valid for employment.

For purposes of preventing identity theft, protecting employees, and reducing burden on employers, and notwithstanding section 6103 of the Internal Revenue Code of 1986, the Commissioner of Social Security, in consultation with the Secretary of Homeland Security, shall review the Social Security Administration databases and information technology to identify any deficiencies and discrepancies related to name, birth date, citizenship status, or death records of the Social Security accounts and Social Security account holders likely to contribute to fraudulent use of documents, or identity theft, or to affect the proper functioning of the System, and shall correct any identified errors. The Commissioner shall ensure that a system for identifying and correcting such deficiencies and discrepancies is adopted to ensure the accuracy of the Social Security Administration’s databases.

The Commissioner of Social Security, in consultation with the Secretary of Homeland Security, may establish a secure process whereby an individual can request that the Commissioner preclude any confirmation under the System based on that individual's Social Security number until it is reactivated by that individual.

Section 274B (8 U.S.C. 1324b) is amended—

(1) by amending subsection (a) to read as follows:

It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual, because of such individual’s national origin or citizenship status, with respect to the hiring of the individual for employment, the verification of the individual’s eligibility for employment through the System described in section 274A(d), the compensation, terms, conditions, or privileges of the employment of the individual, or the discharging of the individual from employment.

Paragraph (1) shall not apply to—

(A) a person or other entity that employs 3 or fewer employees, except for an employment agency, as defined in paragraph (9);

(B) a person’s or entity’s discrimination because of an individual’s national origin if the discrimination with respect to that person or entity and that individual is covered under section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–2);

(C) discrimination because of citizenship status which is otherwise required in order to comply with law, regulation, or executive order, or required by Federal, State, or local government contract, or which the Attorney General determines to be essential for an employer to do business with an agency or department of the Federal, State, or local government.

Notwithstanding any other provision of this section, it is not an unfair immigration-related employment practice for a person or other entity to prefer to hire, recruit, or refer an individual who is a citizen or national of the United States over another individual who is an alien if the two individuals are equally qualified.

It is also an unfair immigration-related employment practice for a person or other entity—

(A) to terminate the employment of an individual or take any adverse employment action with respect to that individual (including any change in the terms and conditions of employment of the individual) due to a further action notice issued by the System, or the individual’s decision to challenge or appeal any System determination;

(B) to use the System with regard to any person who is not an employee;

(C) to use the System to reverify the employment authorization of a current employee, other than reverification upon expiration of employment authorization, or as otherwise authorized under section 274A(d) or by Executive Order;

(D) to use the System selectively to exclude certain individuals from consideration for employment as a result of a perceived likelihood that additional verification will be required, beyond what is required for most newly hired individuals;

(E) to fail to provide any required notice to a current employee within the relevant time period;

(F) to use the System to deny workers’ employment benefits or otherwise interfere with their labor rights;

(G) to use the System for any discriminatory or retaliatory purpose;

(H) to use the System to prescreen an individual for employment; and

(I) to use an immigration status verification system or service other than those described in section 274A for purposes of verifying employment eligibility under that section.

It is also an unfair immigration-related employment practice for a person or other entity to intimidate, threaten, coerce, or retaliate against any individual for the purpose of interfering with any right or privilege secured under this section or because the individual intends to file or has filed a charge or a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this section.

A person’s or other entity’s request, for purposes of satisfying the requirements of section 274A(b), for more or different documents than are required under such section or refusing to honor documents tendered that reasonably appear to be genuine shall be treated as an unfair immigration-related employment practice in violation of paragraph (1).

(A) An unlawful immigration-related employment practice or unfair employment practice case based on disparate impact is established only if:

(i) A complaining party demonstrates that a respondent uses a particular employment practice that causes a disparate impact on the basis of national origin or citizenship status and the respondent fails to demonstrate that the challenged practice is job related for the position in question and consistent with business necessity.

(ii) The complaining party demonstrates that an alternative employment practice is available and the respondent refuses to adopt such an alternative employment practice. An alternative employment practice is defined as a policy that would satisfy the employer’s legitimate interests without having a disparate impact on a protected class.

(B) With respect to demonstrating that a particular employment practice causes a disparate impact as described in subparagraph (A), the complaining party shall demonstrate that each particular challenged employment practice causes a disparate impact, except that if the complaining party can demonstrate to the court that the elements of a respondent’s decision-making process are not capable of separation for analysis, the decision-making process may be analyzed as one employment practice.

(C) If the respondent demonstrates that a specific employment practice does not cause the disparate impact, the respondent shall not be required to demonstrate that such practice is required by business necessity.

(D) A demonstration that an employment practice is required by business necessity may not be used as a defense against a claim of intentional discrimination under this statute.

Except as otherwise provided in this Act, an unlawful immigration-related unfair employment practice is established when the charging party demonstrates that citizenship status or national origin was a motivating factor for any employment practice, even though other factors also motivated the practice.

As used in this section, the term employment agency means any person or entity regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such person or entity.;

(2) in subsection (d), by amending paragraphs (1) and (2) to read as follows:

(1) The Special Counsel shall investigate each charge received and determine whether or not there is reasonable cause to believe that the charge is true and whether or not to bring a complaint with respect to the charge before an administrative law judge. The Special Counsel may, on his or her own initiative, conduct investigations respecting unfair immigration-related employment practices or unfair employment practices and, based on such an investigation, file a complaint before such judge.

(2) If the Special Counsel, after receiving such a charge respecting an unfair immigration-related employment practice or an unfair employment practice which alleges discriminatory activity or a pattern or practice of discriminatory activity, has not filed a complaint before an administrative law judge with respect to such charge within 120 days, the Special Counsel shall notify the person making the charge of the determination not to file such a complaint during such period and the person making the charge may file a complaint directly before such judge within 90 days after the date of receipt of the notice.;

(3) in subsection (g)(2)—

(A) in subparagraph (A), by inserting before the period and which requires such affirmative action as may be appropriate, or any other individual equitable relief as the administrative law judge determines appropriate.;

(B) in subparagraph (B)—

(i) in clause (iii), by inserting before the semicolon, and to provide such other relief as the administrative law judge determines appropriate to make the individual whole; and

(ii) by amending clause (iv) to read as follows—

(iv) to pay any applicable civil penalties proscribed below, the amounts of which may be adjusted periodically to account for inflation as provided by law—

(I) except as provided in subclauses (II) through (IV), to pay a civil penalty of not less than $2,000 and not more than $5,000 for each individual subjected to an unfair immigration related employment practice;

(II) except as provided in subclauses (III) and (IV), in the case of a person or entity previously subject to a single order under this paragraph, to pay a civil penalty of not less than $4,000 and not more than $10,000 for each individual subjected to an unfair immigration related employment practice;

(III) except as provided in subclause (IV), in the case of a person or entity previously subject to more than one order under this paragraph, to pay a civil penalty of not less than $8,000 and not more than $25,000 for each individual subjected to an unfair immigration related employment practice; and

(IV) in the case of an unfair immigration-related employment practice described in subsection (a)(6) of this section, to pay a civil penalty of not less than $500 and not more than $5,000 for each individual subjected to an unfair immigration related employment practice.;

(C) in clause (vii) by striking and at the end;

(D) in clause (viii), by striking the period at the end and inserting; and; and

(E) by adding at the end the following:

(I) An order of the administrative law judge may not require the admission or reinstatement of an individual as a member of a union, or the hiring, reinstatement, or promotion of an individual as an employee, if such individual was refused admission, suspended, or expelled, or was refused employment or advancement or was suspended or discharged more likely that not, for any reason other than discrimination on account of citizenship status or national origin or in violation of this section.

(II) On a claim in which an individual proves a violation under paragraph (a)(9) and a respondent demonstrates that the respondent would have taken the same action in the absence of the impermissible motivating factor, the administrative law judge may grant declaratory relief, injunctive relief (except as provided in clause (b)(2)), and attorney’s fees and costs demonstrated to be directly attributable only to the pursuit of a claim under paragraph (a)(9); and shall not award damages or issue an order requiring any admission, reinstatement, hiring, promotion, or payment, described in subparagraph (I).;

(4) in subsection (l)(3), by inserting and an additional $40,000,000 for each of fiscal years 2012 through 2014 before the period at the end; and

(5) by adding at the end the following:

The Secretary of Homeland Security shall make transactional data and citizenship status data related to the System available upon request by the Special Counsel.

Every employer, employment agency, and labor organization subject to this section shall—

(A) make and keep such records relevant to the determinations of whether unlawful employment practices have been or are being committed;

(B) preserve such records for such periods; and

(C) make reports from such records as prescribed by the Special Counsel, by regulation or order, after public hearing, as reasonable, necessary, or appropriate for the enforcement of this section.

The Special Counsel may—

(A) cooperate with State and local agencies charged with the administration of State fair employment practices laws;

(B) with the consent of the agencies referred to in subparagraph (A), for the purpose of carrying out its functions and duties under this section, and within the limitation of funds appropriated specifically for such purpose—

(i) engage in and contribute to the cost of research and other projects of mutual interest undertaken by such agencies;

(ii) utilize the services of such agencies and their employees; and

(iii) notwithstanding any other provision of law, pay by advance or reimbursement such agencies and their employees for services rendered to assist the Special Counsel in carrying out this section.

(C) in furtherance of the cooperative efforts under this paragraph, enter into written agreements with such State or local agencies, which—

(i) may include provisions under which the Special Counsel shall refrain from processing a charge in any cases or class of cases specified in such agreements or under which the Special Counsel shall relieve any person or class of persons in such State or locality from requirements imposed under this section; and

(ii) shall be rescinded if the Special Counsel determines that the agreement no longer serves the interest of effective enforcement of this section.

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.

Section 6721 of the Internal Revenue Code of 1986 (relating to failure to file correct information returns) is amended—

(1) in subsection (a)(1)—

(A) by striking $100 and inserting $200; and

(B) by striking $1,500,000 and inserting $2,000,000;

(2) in subsection (b)(1)—

(A) in subparagraph (A), by striking $30 in lieu of $100 and inserting $60 in lieu of $200; and

(B) in subparagraph (B), by striking $250,000 and inserting $300,000;

(3) in subsection (b)(2)—

(A) in subparagraph (A), by striking $60 in lieu of $100 and inserting $120 in lieu of $200; and

(B) in subparagraph (B), by striking $500,000 and inserting $600,000;

(4) in subsection (d)—

(A) in the subsection heading, by striking $5,000,000 and inserting $2,000,000;

(B) in paragraph (1)(B), by striking $75,000 for $250,000 and inserting $100,000 for $300,000;

(C) in paragraph (1)(C), by striking $200,000 for $500,000 and inserting $200,000 for $600,000; and

(D) in paragraph (2)(A), by striking $5,000,000 and inserting $2,000,000; and

(5) in subsection (e)—

(A) in paragraph (2)—

(i) in the matter preceding subparagraph (A), by striking $250 and inserting $400;

(ii) in subparagraph (C)(i), by striking $25,000 and inserting $100,000; and

(iii) in subparagraph (C)(ii), by striking $100,000 and inserting $400,000; and

(B) in paragraph (3)(A), by striking $1,500,000 and inserting $2,000,000.

The amendments made by subsection (a) shall apply to failures occurring after the date of the enactment of this Act.

The Secretary, in consultation with the Commissioner of Social Security, shall establish—

(1) procedures to permit an individual—

(A) to verify the individual’s eligibility for employment in the United States before obtaining or changing employment;

(B) to view the individual’s own records in the Enhanced Verification System in order to ensure the accuracy of such records; and

(C) to correct or update the information used by the System regarding the individual by electronic means, to the greatest extent practicable; and

(2) procedures for establishing an Enhanced Verification System under subsection (b) through which an individual who has viewed the individual’s own record may electronically—

(A) block the use of the individual’s Social Security number under the System; and

(B) remove such block in order to—

(i) prevent the fraudulent or other misuse of a Social Security account number;

(ii) prevent employer misuse of the system;

(iii) protect privacy; and

(iv) limit erroneous nonconfirmations during employment verification.

The Secretary, in consultation with the Commissioner of Social Security, shall establish a voluntary self-verification system to allow an individual to submit biometric information, verify the individual’s own record, and to block and unblock the use of the individual’s Social Security number in order to prevent the fraudulent or other misuse of the individual’s Social Security number during employment verification, to prevent employer misuse of the system, to protect privacy, and to limit erroneous non-confirmations during employment verification.

An individual may enroll in the Enhanced Verification System on a voluntary basis.

The Secretary shall establish procedures allowing individuals to use a Personal Identification Number (PIN) or other biographic information to authenticate the individual’s identity and to block and unblock the individual’s Social Security number electronically.

The Secretary shall establish procedures to allow an individual who has authenticated the individual’s identity and unblocked the individual’s Social Security number to receive a single –use code as a receipt indicating that the individual is work authorized and has self-verified, and procedures to allow the individual to use the single-use code in place of the identity and eligibility documents described in this section.

The Secretary shall establish an expedited review process to allow an individual who has authenticated the individual’s identity and unblocked the individual’s Social Security number immediately to correct user or system errors which result in an erroneous non-confirmation of work eligibility.

Not later than 3 months after the end of the third and fourth years in which the programs are in effect, the Secretary shall submit reports to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on the Enhanced Verification System that—

(i) assesses the degree of fraudulent attesting of United States citizenship;

(ii) assesses the benefits of the Enhanced Verification System to employers and the degree to which it assists in the enforcement of section 274A of the Immigration and Nationality Act;

(iii) assesses the benefits of the Enhanced Verification System to individuals and the degree to which they prevent misuse of the System and erroneous non-confirmations during employment verification;

(iv) determines whether the Enhanced Verification System reduces discrimination during the employment verification process;

(v) assesses the degree to which the Enhanced Verification System protects employee civil liberties and privacy; and

(vi) includes recommendations on whether the Enhanced Verification System should be continued or modified.

Not later than July 1, 2016, the Secretary shall submit a report shall to the committees referred to in subparagraph (A) that—

(i) evaluates whether the problems identified by the reports submitted under subparagraph (A) have been substantially resolved; and

(ii) describes the actions to be taken by the Secretary before requiring any individual to participate in the Enhanced Verification System.

Notwithstanding any other provision of law, nothing in this section may be construed to permit any department, bureau, or other agency of the United States Government to utilize any information, database, or other records assembled under this section for any other purpose other than as provided for under the Enhanced Verification System.

There are authorized to be appropriated to the Department such sums as may be necessary to carry out this subtitle, and the amendments made by this subtitle, including the following:

(1) In each of the 5 years beginning on the date of the enactment of this Act, the appropriations necessary to increase to a level not less than 4500, by the end of such five-year period, the total number of personnel of the Department of Homeland Security assigned exclusively or principally to an office or offices in U.S. Citizenship and Immigration Services and U.S. Immigration and Customs Enforcement (and consistent with the missions of such agencies), dedicated to administering the System, and monitoring and enforcing compliance with sections 274A, 274B, and 274C of the Immigration and Nationality Act (8 U.S.C. 1324a, 1324b, and 1324c), including compliance with the requirements of the System. These personnel shall perform compliance and monitoring functions, including the following:

(A) Verify Employment Identification Numbers of employers participating in the System.

(B) Verify compliance of employers participating in the System with the requirements for participation that are prescribed by the Secretary.

(C) Monitor the System for multiple uses of Social Security numbers and immigration identification numbers that could indicate identity theft or fraud.

(D) Monitor the System to identify discriminatory or unfair practices.

(E) Monitor the System to identify employers who are not using the system properly, including employers who fail to make available appropriate records with respect to their queries and any notices of confirmation, nonconfirmation, or further action.

(F) Identify instances where employees allege that an employer violated their privacy, civil or labor rights, or misused the System, and create procedures for employees to report such allegations.

(G) Analyze and audit the use of the System and the data obtained through the System to identify fraud trends, including fraud trends across industries, geographical areas, or employer size.

(H) Analyze and audit the use of the System and the data obtained through the System to develop compliance tools as necessary to respond to changing patterns of fraud.

(I) Provide employers with additional training and other information on the proper use of the System, including but not limited to privacy training and employee rights.

(J) Perform threshold evaluation of cases for referral to the Special Counsel for Unfair Immigration-Related Employment Practices or the Equal Employment Opportunity Commission, and other officials or agencies with responsibility for enforcing anti-discrimination, civil rights, privacy or worker protection laws, as may be appropriate.

(K) Any other compliance and monitoring activities that, in the Secretary's judgment, are necessary to ensure the functioning of the System.

(L) Investigate identity theft and fraud detected through the System and undertake the necessary enforcement or referral actions.

(M) Investigate use of or access to fraudulent documents and undertake the necessary enforcement actions.

(N) Perform any other investigations that, in the Secretary's judgment, are necessary to ensure the lawful functioning of the System, and undertake any enforcement actions necessary as a result of these investigations.

(2) The appropriations necessary to acquire, install and maintain technological equipment necessary to support the functioning of the System and the connectivity between U.S. Citizenship and Immigration Services and U.S. Immigration and Customs Enforcement, Department of Justice, and other agencies or officials with respect to the sharing of information to support the System and related immigration enforcement actions.

(3) The appropriations necessary to establish a robust redress process for employees who wish to appeal contested nonconfirmations to ensure the accuracy and fairness of the System.

(4) The appropriations necessary to provide a means by which individuals may access their own employment authorization data to ensure its accuracy independent of their employer.

(5) The appropriations necessary to establish a Joint Employment Fraud Task Force to promote employer compliance with the system and ensure a coordinated response to noncompliance.

(6) The appropriations necessary for the Office for Civil Rights and Civil Liberties and the Office of Privacy to perform their responsibilities as they relate to the System.

(7) The appropriations necessary to make grants to states to support them in assisting the federal government in carrying out the provisions of this subtitle.

There are authorized to be appropriated to the Social Security Administration such sums as may be necessary to carry out its responsibilities under this subtitle, including section 177.

There are authorized to be appropriated to the Department of Justice such sums as may be necessary to carry out its responsibilities under this subtitle, including enforcing compliance with section 274B of the Act, as amended by section 176 of this Act.

There are authorized to be appropriated to the Department of State such sums as may be necessary to carry out its responsibilities under this subtitle.

Notwithstanding any effective date provision or any other law, the status of an alien in lawful prospective immigrant status may not be adjusted to the status of an alien lawfully admitted for permanent residence under section 112 unless—

(1) the Secretary has submitted a written certification to the President and Congress that the measures described in subsection (b) are established, funded, and operational; and

(2) the Attorney General has submitted a written certification to the President and Congress that each of the measures described in subsection (c) are established, funded, and operational.

The measures described in this subsection are established, funded, and operational if—

(1) U.S. Immigration and Customs Enforcement has—

(A) employed not fewer than 6,410 agents to investigate violations of criminal law, including—

(i) document and benefit fraud; and

(ii) the cross-border smuggling of aliens, firearms, narcotics, and other contraband;

(B) employed not fewer than 185 worksite enforcement auditors to support a worksite enforcement strategy that prioritizes developing cases against employers committing serious violations;

(C) created and staffed an Immigration Benefit and Document Fraud Task Force in each field office headed by a Special Agent in Charge;

(D) established a nationwide plan, with benchmarks, to dramatically increase the nationwide enrollment in an alternatives to detention program that utilizes community-based nonprofit organizations; and

(E) implemented civil detention standards with which each facility detaining immigrants is required to comply;

(2) U.S. Customs and Border Protection has—

(A) employed not fewer than 21,000 United States Border Patrol agents who have been trained and have reported for duty, including additional agents who conduct inspections for drugs, contraband, and immigrants who are unlawfully present at ports of entry in the United States;

(B) employed not fewer than 21,500 officers who have been trained and have reported for duty at the Office of Field Operations;

(C) deployed 7 unmanned aircraft systems;

(D) deployed remote video surveillance systems at 300 sites;

(E) acquired 200 scope trucks; and

(F) acquired 56 mobile surveillance systems; and

(3) the Secretary has received and is processing and adjudicating applications under title I in a timely manner, including conducting all necessary background and security checks required under such title.

The measures described in this subsection are established, funded, and operational if the Department of Justice has—

(1) employed not fewer than 150 Assistant United States Attorneys who prosecute criminal violations at the border; and

(2) employed not fewer than 275 immigration judges and appropriate support staff.

Title II of the Department of Homeland Security Appropriations Act, 2010 (Public Law 111–83), is amended by inserting Provided further, That of the total amount provided, $40,000,000 shall be used to pay the salaries and related compensation for 250 additional Customs and Border Protection officers and 25 associated support staff personnel, who shall be devoted to new inspection lanes at new land ports of entry on the Southwest border before the period at the end of the first paragraph.

In addition to positions authorized before the date of the enactment of this Act and any officer vacancies within U.S. Customs and Border Protection on such date, the Secretary shall hire, train, and assign to duty, not later than September 30, 2013—

(A) 2,500 full-time Customs and Border Protection officers to serve on all primary, secondary, incoming, and outgoing inspection lanes and enforcement teams at United States land ports of entry on the Northern border;

(B) 2,500 full-time Customs and Border Protection officers to serve on all primary, secondary, incoming, and outgoing inspection lanes and enforcement teams at United States land ports of entry on the Southern border; and

(C) 350 full-time support staff for all United States ports of entry.

The Secretary may waive any limitation on the number of full-time equivalent personnel assigned to the Department to comply with subsection (a).

Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit a report that describes the Department’s plans for ensuring the placement of sufficient U.S. Customs and Border Protection officers on outbound inspections at all Southern border and Northern border land ports of entry to—

(A) the Committee on the Judiciary of the Senate;

(B) the Committee on Homeland Security and Governmental Affairs of the Senate;

(C) the Committee on the Judiciary of the House of Representatives; and

(D) the Committee on Homeland Security of the House of Representatives.

Not later than 90 days after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of Agriculture, shall submit a report to the committees set forth in paragraph (1) that contains plans for ensuring the placement of sufficient agriculture specialists at all Southern border and Northern border land ports of entry.

Subject to paragraph (2), during the 6-year period beginning on July 1, 2011, the Secretary may make incentive payments to qualified U.S. Customs and Border Protection port of entry officers, to the extent necessary to retain such officers.

Each payment made under paragraph (1)—

(i) shall be paid to each qualified employee, in a lump sum that does not exceed $10,000, at the end of the fiscal year in which the employee is selected by the Secretary, or a delegate of the Secretary, to receive such payment;

(ii) may not be limited solely to work performance, but may be based on criteria such as—

(I) comparative salaries for law enforcement officers in other Federal agencies;

(II) costs for replacement and training of a new employee; and

(III) volume of work at the port of entry;

(iii) shall be contingent upon the selected employee signing an agreement, under penalty of perjury, to continue serving as a United States Customs and Border Protection officer at a land port of entry for at least 3 additional years; and

(iv) shall be subject to reimbursement if the employee fails to complete the 3-year service requirement described in clause (iii) due to voluntary or involuntary separation from service.

The total payments under subparagraph (A) may not exceed $55,000,000.

In each of the fiscal years 2012 through 2016, the Secretary may not make more than 500 incentive payments under this subsection.

Any employee who receives a retention incentive payment under this subsection in a fiscal year shall not be eligible to receive another such payment until the employee completes at least 2 years of service with the Department after receiving such payment.

The Secretary shall ensure that each U.S. Customs and Border Protection officer is equipped with a secure 2-way communication and satellite-enabled device, supported by system interoperability, which allows such officers to communicate—

(1) between ports of entry and inspection stations; and

(2) with other Federal, State, local, and tribal law enforcement entities.

The Secretary shall establish a grant program for the purchase of detection equipment at land ports of entry and mobile, hand-held, 2-way communication devices for State and local law enforcement officers serving on the Southern border or the Northern border.

There is authorized to be appropriated, for the 6-year period beginning on October 1, 2011, $30,000,000, which shall be used for grants authorized under paragraph (1).

Title VI of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5) is amended, under the heading entitled Construction —

(1) by striking U.S. Customs and Border Protection owned; and

(2) by inserting Provided further, That $300,000,000 shall be used for infrastructure improvements, expansion, and new construction (or reimbursement for new construction costs incurred during fiscal years 2007 through 2012) of high-volume ports of entry along the Northern border and the Southern border, regardless of port ownership before the period at the end.

The amendments made under subsection (a) shall take effect as if included in the American Recovery and Reinvestment Act of 2009, as of the date of the enactment of such Act.

In order to aid in the enforcement of Federal customs, immigration, and agriculture laws, the Commissioner of U.S. Customs and Border Protection may—

(1) design, construct, and modify land ports of entry and other structures and facilities, including living quarters for officers, agents, and personnel;

(2) acquire, by purchase, donation, exchange, or otherwise, land or any interest in land determined to be necessary to carry out the Commissioner’s duties under this section; and

(3) construct additional ports of entry along the Southern border and the Northern border.

The Secretary shall consult with the Secretary of the Interior, the Secretary of Agriculture, the Secretary of State, the International Boundary and Water Commission, the International Joint Commission, and appropriate representatives of States, local governments, Indian tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)), and property owners to—

(A) determine locations for new ports of entry; and

(B) minimize adverse impacts from such ports on the environment, historic and cultural resources, commerce, and quality of life for the communities and residents located near such ports.

Nothing in this subsection may be construed—

(A) to create any right or liability of the parties described in paragraph (1);

(B) to affect the legality and validity of any determination under this Act by the Secretary; or

(C) to affect any consultation requirement under any other law.

Section 5203 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458; 118 Stat. 3734) is amended by striking 800 and inserting 1000.

In addition to the positions authorized under section 5203 of the Intelligence Reform and Terrorism Prevention Act of 2004, as amended by subsection (a), during each of the fiscal years 2012 through 2016, the Secretary shall, subject to the availability of appropriations, increase by not less than 50 the number of positions for personnel within the Department assigned to investigate alien smuggling.

There are authorized to be appropriated to the Secretary such sums as may be necessary for each of the fiscal years 2012 through 2016 to carry out this section.

In each of the fiscal years 2012 through 2016, the Attorney General, subject to the availability of appropriations for such purpose, shall increase the number of positions for attorneys in the Office of Immigration Litigation of the Department of Justice by not fewer than 50.

In each of the fiscal years 2012 through 2016, the Attorney General, subject to the availability of appropriations for such purpose, shall—

(A) increase the number of full-time immigration judges by not fewer than 20, compared to the number of such positions for which funds were made available during the preceding fiscal year; and

(B) increase the number of personnel to support the immigration judges described in subparagraph (A) by not fewer than 80, compared to the number of such positions for which funds were made available during the preceding fiscal year.

In each of fiscal years 2012 through 2016, the Attorney General, subject to the availability of appropriations for such purpose, shall increase by not fewer than 10—

(A) the number of positions for full-time staff attorneys in the Board of Immigration Appeals, compared to the number of such positions for which funds were made available during the preceding fiscal year; and

(B) the number of positions for personnel to support the staff attorneys described in subparagraph (A), compared to the number of such positions for which funds were made available during the preceding fiscal year.

There are authorized to be appropriated to the Attorney General for each of the fiscal years 2012 through 2016 such sums as may be necessary to carry out this subsection, including hiring necessary support staff.

The Secretary shall ensure that U.S. Customs and Border Protection agents, U.S. Border Patrol agents, U.S. Immigration and Customs Enforcement agents, and Agricultural Inspectors stationed within 100 miles of any land or marine border of the United States or at any United States port of entry receive appropriate training, which shall be prepared in collaboration with the Office for Civil Rights and Civil Liberties, in—

(1) identifying and detecting fraudulent travel documents;

(2) protecting the civil, constitutional, and privacy rights of individuals, including the rights of detained persons;

(3) limitations on the use of force, including lethal force, against individuals apprehended or encountered while on duty; and

(4) screening, identifying, and addressing vulnerable populations, including children, victims of crime and human trafficking, and individuals fleeing persecution or torture.

The Secretary shall compile an inventory of—

(1) the assets, equipment, supplies, and other physical resources dedicated to border security and enforcement as of the date of the enactment of this Act; and

(2) the personnel and other human resources dedicated to border security and enforcement as of the date of the enactment of this Act.

Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit the inventory required under subsection (a) to—

(1) the Committee on the Judiciary of the Senate;

(2) the Committee on Homeland Security and Governmental Affairs of the Senate;

(3) the Committee on the Judiciary of the House of Representatives;

(4) the Committee on Homeland Security of the House of Representatives; and

(5) the Committee on Oversight and Government Reform of the House of Representatives.

The Secretary shall ensure that each border patrol agent—

(A) is issued high-quality body armor that is appropriate for the climate and risks faced by the agent;

(B) is permitted to select body armor from among a variety of approved brands and styles;

(C) is strongly encouraged to wear such body armor whenever practicable; and

(D) is issued replacement body armor not less frequently than once every 5 years.

The Secretary shall ensure that—

(A) border patrol agents are equipped with weapons that are reliable and effective to protect themselves, their fellow agents, and innocent third parties from the threats posed by armed criminals; and

(B) all agents are authorized to carry weapons that are suited to the potential threats that they face.

The Secretary shall ensure that all agents are provided, at no cost to such agents—

(A) all necessary uniform items, including outerwear suited to the climate, footwear, belts, holsters, and personal protective equipment; and

(B) replacement uniform items when such items become worn or unserviceable or no longer fit properly.

The Secretary shall—

(A) conduct a review of the helicopters needed by the Border Patrol;

(B) acquire additional helicopters for the Border Patrol if the Secretary determines that the existing number of helicopters is insufficient; and

(C) ensure that appropriate types of helicopters are procured for the various missions being performed.

The Secretary shall—

(A) conduct a review of the power boats needed by the Border Patrol;

(B) acquire additional power boats for the Border Patrol if the Secretary determines that the existing number of power boats is insufficient; and

(C) ensure that appropriate types of power boats are procured for the waterways in which they are used and the mission requirements.

The Secretary shall—

(A) establish a standard policy on the use of the helicopters and power boats procured under this subsection; and

(B) implement training programs for the Border Patrol agents who use such assets, including safe operating procedures and rescue operations.

The Secretary shall—

(A) conduct a review of the motor vehicles needed by the Border Patrol;

(B) acquire additional, appropriate motor vehicles for the Border Patrol if the Secretary determines that the existing number of motor vehicles is insufficient; and

(C) ensure that there are sufficient numbers and types of other motor vehicles to support the mission of the Border Patrol.

All motor vehicles purchased for the Border Patrol shall—

(A) be appropriate for the mission of the Border Patrol; and

(B) have a panic button and a global positioning system device that is activated solely in emergency situations to track the location of agents in distress.

The Secretary shall ensure that each police-type motor vehicle in the fleet of the Border Patrol—

(A) is equipped with a portable computer with access to all necessary law enforcement databases; and

(B) is otherwise suited to the unique operational requirements of the Border Patrol.

The Secretary shall augment the radio communications system of the Border Patrol so that—

(A) all law enforcement personnel working in each area where Border Patrol operations are conducted have clear and encrypted 2-way radio communication capabilities at all times; and

(B) each portable communications device is equipped with a panic button and a global positioning system device that is activated solely in emergency situations to track the location of agents in distress.

If the Secretary determines that each member of a class of Border Patrol agents need a handheld global positioning system device to effectively and safely carry out his or her duties, the Secretary shall ensure that each such agent is issued such device for navigational purposes.

The Secretary shall ensure that sufficient quantities of state-of-the-art night vision equipment are procured and maintained to enable each Border Patrol agent working during the hours of darkness to be equipped with a portable night vision device.

There are authorized to be appropriated to the Secretary such sums as may be necessary for each of fiscal years 2012 through 2016 to carry out this section.

Subject to the availability of appropriations for such purpose, the Secretary shall procure additional unmanned aerial systems, aircrafts, cameras, poles, ground sensors, and other technologies necessary to achieve effective control of the land and maritime borders of the United States.

The Secretary shall acquire and maintain unmanned aerial systems for use on the border, including related equipment such as—

(1) additional sensors;

(2) critical spares;

(3) satellite command and control; and

(4) other necessary equipment for operational support.

The Secretary, in consultation with the Attorney General, shall conduct a privacy impact assessment and a civil liberties impact assessment before deploying new technologies acquired under this subsections (a) and (b).

There are authorized to be appropriated to the Secretary such sums as may be necessary for each of the fiscal years 2012 through 2016 to carry out subsections (a) and (b).

Amounts appropriated pursuant to paragraph (1) shall remain available until expended.

In conjunction with the border surveillance plan developed under section 5201 of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1701 note) and subject to the availability of appropriations for such purpose, the Secretary shall fully integrate and utilize aerial surveillance technologies, including unmanned aerial systems, that the Secretary determines to be necessary to enhance the security of the Northern border and the Southern border.

The Secretary shall—

(i) consider current and proposed aerial surveillance technologies;

(ii) assess the feasibility and advisability of utilizing such technologies to address border threats, including an assessment of the technologies considered best suited to address respective threats;

(iii) consult with the Secretary of Defense regarding any technologies or equipment which the Secretary may deploy along a border of the United States;

(iv) consult with the Administrator of the Federal Aviation Administration regarding safety, airspace coordination and regulation, and any other issues necessary for implementation of the program;

(v) consult with the Secretary of State with respect to any foreign policy or international law implications relating to the implementation or conduct of the program; and

(vi) conduct a privacy impact assessment and civil liberties impact assessment before the deployment of the new technologies acquired under this paragraph.

The aerial surveillance program authorized under this paragraph shall include the use of a variety of aerial surveillance technologies in a variety of topographies and areas, including populated and unpopulated areas located on or near the international border of the United States, to evaluate, for a range of circumstances—

(i) the significance of previous experiences with such technologies in border security or critical infrastructure protection;

(ii) the cost and effectiveness of various technologies for border security, including varying levels of technical complexity; and

(iii) liability, safety, civil liberties, and privacy concerns relating to the utilization of such technologies for border security.

In accordance with sections 222 and 705 of the Homeland Security Act of 2002 (6 U.S.C. 142 and 345), the Chief Privacy Officer and the Officer for Civil Rights and Civil Liberties shall conduct additional reviews, as necessary.

The Secretary may continue the operation of aerial surveillance technologies in use on the date of the enactment of this Act while assessing the effectiveness of the utilization of such technologies.

There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2012 through 2016 to carry out this paragraph.

Subject to the availability of appropriations, the Secretary shall establish a program to procure additional unmanned aerial systems, cameras, poles, sensors, satellites, radar coverage, and other technologies necessary—

(i) to achieve effective control of the Northern border and the Southern border; and

(ii) to establish a security perimeter (to be known as a virtual fence) along the Northern border and the Southern border to provide a barrier to unauthorized immigration.

In carrying out the program authorized under this paragraph, the Secretary, to the maximum extent feasible, shall—

(i) utilize integrated technologies that function cohesively in an automated fashion;

(ii) use a standard process to collect, catalog, and report intrusion and response data collected under the program;

(iii) ensure that future surveillance technology investments and upgrades for the program can be integrated with existing systems;

(iv) develop and apply performance measures to evaluate whether the program is providing desired results by increasing response effectiveness in monitoring and detecting unauthorized intrusions along the Northern border and the Southern border;

(v) develop plans, in accordance with relevant environmental laws, to streamline site selection, site validation, and environmental assessment processes to minimize delays of installing surveillance technology infrastructure;

(vi) develop standards to expand the shared use of existing private and governmental structures to install remote surveillance technology infrastructure to the extent possible; and

(vii) develop standards to identify and deploy the use of nonpermanent or mobile surveillance platforms that will increase the Secretary’s mobility and ability to identify unauthorized border intrusions.

There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2012 through 2016 to carry out this paragraph.

Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of State, in coordination with the Secretary and the heads of other appropriate Federal agencies, shall submit a report to Congress that describes the progress made during the most recent 12-month period in improving the effectiveness with which information relating to North American security is exchanged between the Governments of the United States, of Canada, and of Mexico.

Each report submitted under subsection (a) shall describe the development of common enrollment, security, technical, and biometric standards for the issuance, authentication, validation, and repudiation of secure documents, including—

(A) technical and biometric standards based on best practices and consistent with international standards for the issuance, authentication, validation, and repudiation of travel documents, including—

(i) passports;

(ii) visas; and

(iii) permanent resident cards;

(B) the joint efforts of the United States, Canada, and Mexico to encourage foreign governments to enact laws that—

(i) combat alien smuggling and trafficking; and

(ii) forbid the use and manufacture of fraudulent travel documents; and

(C) efforts made to ensure that other countries meet proper travel document standards and are committed to travel document verification before the nationals of such countries travel internationally, including travel to the United States.

Each report submitted under subsection (a) shall describe the progress made in sharing information regarding high-risk individuals who attempt to enter the United States, Canada, or Mexico, including—

(A) implementing the Statement of Mutual Understanding on Information Sharing, signed by Canada and the United States in February 2003; and

(B) identifying and analyzing trends related to immigration fraud, including asylum and document fraud.

Each report submitted under subsection (a) shall describe the progress made by the United States, Canada, and Mexico to enhance North American security by cooperating on visa policy and identifying best practices regarding immigration security, including—

(A) enhancing consultation among officials who issue visas at the consulates or embassies of the United States, of Canada, or of Mexico, or throughout the world to share information, trends, and best practices on visa flows;

(B) comparing the procedures and policies of the United States and Canada related to visitor visa processing, including—

(i) application process;

(ii) interview policy;

(iii) general screening procedures;

(iv) visa validity;

(v) quality control measures; and

(vi) access to appeal or review;

(C) exploring methods for the United States, Canada, and Mexico to waive visa requirements for nationals and citizens of the same foreign countries;

(D) developing and implementing an immigration security strategy for North America that utilizes a common security perimeter by enhancing technical assistance for programs and systems to support advance automated reporting and risk targeting of international passengers;

(E) real-time sharing of information on lost and stolen passports among immigration or law enforcement officials of the United States, Canada, and Mexico; and

(F) collecting 10 fingerprints from each individual who applies for a visa.

Each report submitted under subsection (a) shall describe the progress made by the United States and Canada in implementing parallel entry-exit tracking systems that—

(A) respect the privacy laws of both countries; and

(B) share information regarding third country nationals who have overstayed their period of authorized admission in the United States or Canada.

Each report submitted under subsection (a) shall describe the capacity of the United States to combat terrorism through the coordination of counterterrorism efforts, including—

(A) developing and implementing bilateral agreements between Canada and the United States and between Mexico and the United States—

(i) to govern the sharing of terrorist watch list data; and

(ii) to comprehensively enumerate the uses of such data by the governments of each country;

(B) establishing appropriate linkages among Canada, Mexico, and the United States Terrorist Screening Center;

(C) establishing a multilateral watch list mechanism that would facilitate direct coordination between the country that identifies individuals on a watch list and the country that owns such list, including procedures that satisfy security concerns, comply with privacy laws, and are consistent with the other laws of each participating country; and

(D) establishing transparent standards and processes that enable innocent individuals to remove their names from a watch list.

Each report submitted under subsection (a) shall describe improvements made in information sharing and law enforcement cooperation in combating organized crime, including—

(A) combating currency smuggling, money laundering, alien smuggling, and trafficking in alcohol, firearms, and explosives;

(B) determining the feasibility of formulating a firearms trafficking action plan between Mexico and the United States;

(C) developing a joint threat assessment on organized crime between Canada and the United States;

(D) determining the feasibility of formulating a joint threat assessment on organized crime between Mexico and the United States;

(E) developing mechanisms to exchange information on findings, seizures, and capture of individuals transporting undeclared currency; and

(F) developing and implementing a plan to combat the transnational threat of illegal drug trafficking.

Each report submitted under subsection (a) shall describe enhancements in law enforcement cooperation among the United States, Canada, and Mexico, including—

(A) enhanced technical assistance for the development and maintenance of a national database built upon identified best practices to identify suspected criminals or terrorists;

(B) the feasibility of establishing law enforcement teams that include personnel from the United States and Mexico; and

(C) the appropriate procedures for such multinational teams.

The Secretary of State, in cooperation with the Secretary and representatives of Federal, State, and local law enforcement agencies that are involved in border security and immigration enforcement efforts, shall work with appropriate officials of the Government of Mexico to improve coordination between the United States and Mexico in—

(1) improving border security along the international border between the United States and Mexico;

(2) reducing human trafficking and smuggling between the United States and Mexico;

(3) reducing drug trafficking and smuggling between the United States and Mexico;

(4) reducing gang membership in the United States and Mexico;

(5) reducing violence against women in the United States and Mexico; and

(6) reducing other violence and criminal activity.

The Secretary of State, in cooperation with other appropriate Federal officials, shall work with appropriate officials of the Government of Mexico to educate citizens and nationals of Mexico regarding their eligibility for nonimmigrant status in the United States to ensure that such citizens and nationals are not exploited while working in the United States.

The Secretary of State, in cooperation with the Secretary of Labor and other appropriate Federal officials, shall work with appropriate officials of the Government of Mexico to encourage circular migration of citizens and nationals of Mexico, including—

(1) assisting in the development of economic opportunities; and

(2) providing job training for such citizens and nationals.

The Secretary, in cooperation with State and local government officials in the United States, shall cooperate with their counterparts in Mexico to enhance border security structures along the international border between the United States and Mexico, as authorized by this title, by—

(1) soliciting the views of affected communities;

(2) lessening tensions; and

(3) fostering greater understanding and stronger cooperation on border security structures and other important security issues of mutual concern.

Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit a report to Congress that describes the actions taken by the United States and Mexico pursuant to this section.

Not later than 180 days after the date of the enactment of this Act, the Commissioner, U.S. Customs and Border Protection, in consultation with the Secretary, shall develop a plan to expand the programs of the Customs-Trade Partnership Against Terrorism established pursuant to section 211 of the SAFE Port Act (6 U.S.C. 961), including adding additional personnel for such programs along the Northern border and the Southern border.

The programs referred to in paragraph (1) include—

(A) the Business Anti-Smuggling Coalition;

(B) the Carrier Initiative Program;

(C) the Americas Counter Smuggling Initiative;

(D) the Container Security Initiative established pursuant to section 205 of the SAFE Port Act (6 U.S.C. 945);

(E) the Free and Secure Trade Initiative; and

(F) other industry partnership programs administered by the Commissioner.

Not later than 180 days after the date of the enactment of this Act, the Commissioner shall—

(1) implement, on a demonstration basis, a Customs-Trade Partnership Against Terrorism program, which has been successfully implemented along the Northern border and the Southern border; and

(2) establish a demonstration program to develop a cooperative trade security system to improve supply chain security.

Subject to the availability of appropriations, the Attorney General shall reimburse State and county prosecutors located in States along the Northern border or the Southern border for prosecuting federally initiated and referred drug cases.

There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2012 through 2016 to carry out subsection (a).

The Attorney General may award grants, on a competitive basis, to—

(A) eligible law enforcement agencies or a coalition of such agencies, including sheriff’s offices, police departments, and tribal police departments; and

(B) institutions of higher education that provide assistance to law enforcement agencies in counties described in subparagraph (A) or (B) of subsection (e)(1) to provide the resources described in subsection (b)(4).

In awarding grants for the uses described in paragraphs (1) through (3) of subsection (b), the Attorney General shall give priority to law enforcement agencies—

(A) located in a county that is within 100 miles from the Northern border or the Southern border; and

(B) that are in compliance with Federal and State racial profiling laws and guidelines.

Grants awarded under this section may not exceed 2 years.

A grantee desiring continued grant funding after the expiration of the initial grant shall reapply for such funding.

The Attorney General may not award a grant under this section to any applicant that is under investigation for a violation of Federal or State racial profiling laws or guidelines.

Grants awarded under this section may only be used to provide—

(1) additional resources for eligible law enforcement agencies to address drug-related criminal activity;

(2) training and technical assistance related to—

(A) narcotics-related kidnaping negotiation and rescue tactics;

(B) intelligence and information sharing on drug trafficking organizations; and

(C) the interdiction of narcotics, weapons, and illegal drug proceeds;

(3) resources to combat criminal activities along the Northern border and the Southern border by—

(A) obtaining, upgrading, or maintaining equipment;

(B) hiring additional personnel;

(C) reimbursing operational expenditures, including overtime and transportation costs; and

(D) providing other assistance necessary to address drug-related criminal activity;

(4) resources to facilitate information sharing and collaboration by—

(A) establishing, maintaining, or enhancing multi-jurisdictional intelligence gathering and sharing activities;

(B) facilitating regional crime prevention and reduction efforts; and

(C) strengthening partnerships between Federal, State, tribal, and local law enforcement agencies; and

(5) resources to enhance jails, community corrections, and detention operations by—

(A) improving the administration and operations of correction functions related to reducing and preventing criminal narcotics activity;

(B) improving access to intelligence and collaboration between law enforcement and correctional system personnel;

(C) reducing the recidivism rates of drug offenders; and

(D) hiring detention, probation, parole, and other corrections personnel for implementation of the efforts described in this paragraph.

Each eligible law enforcement agency or coalition of such agencies seeking a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require.

Each application submitted under paragraph (1) shall—

(A) describe the activities for which assistance under this section is sought;

(B) disclose whether the applicant has been investigated for, or convicted of, a violation of Federal or State racial profiling laws; and

(C) provide such additional assurances as the Attorney General determines to be essential to ensure compliance with this section.

Each grantee under this section shall submit a report to the Attorney General that documents the use of grant funds received under this section, including an assessment of their utility in—

(A) protecting border community safety;

(B) preventing smuggling activities; and

(C) apprehending persons involved in violence and organized crime.

The Attorney General shall analyze the information contained in the reports submitted under paragraph (1) to determine whether the grantee—

(A) used grant funds appropriately; and

(B) should be considered for a renewal grant.

In this section:

The term eligible law enforcement agency means a State, tribal, or local law enforcement agency, including a community corrections agency and any agency that employs prosecutors, probation officers, or parole officers, which is located or performs duties in—

(A) a county that is not more than 100 miles from a United States border with Mexico;

(B) a county that is not more than 100 miles from a United States border with Canada; or

(C) a jurisdiction that has been designated by the Director of the Office of Drug Control Policy as a High Intensity Drug Trafficking Area.

The term High Intensity Drug Trafficking Area means any jurisdiction so designated by the National Drug Control Program under section 707 of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1706).

The Attorney General shall submit a biannual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that assesses—

(1) the success of the grant program established under this section in combating and reducing drug-trafficking and drug-related criminal activity;

(2) the cost-effectiveness of the program; and

(3) the future value and viability of the program.

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

Of the amounts appropriated pursuant to paragraph (1)—

(A) not more than 33 percent may be set aside for High Intensity Drug Trafficking Areas; and

(B) not more than 30 percent may be used for activities described in paragraphs (2) and (5) of subsection (b).

Amounts appropriated for grants pursuant to paragraph (1) shall be used to supplement, and not to supplant, other State, tribal, and local public funds obligated for the purposes described in subsection (b).

The Commissioner of U.S. Customs and Border Protection shall—

(1) collect statistics relating to deaths occurring at the Southern border, including—

(A) the causes of the deaths; and

(B) the total number of deaths;

(2) publish the statistics collected under paragraph (1) on a quarterly basis; and

(3) not later than 1 year after the date of the enactment of this Act, and annually thereafter, submit a report to the Secretary that—

(A) analyzes trends with respect to the statistics collected under paragraph (1) during the preceding year; and

(B) recommends actions to reduce and prevent the deaths described in paragraph (1)(B).

There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2012 through 2016 to carry out this section.

There is established an independent commission to be known as the Immigration and United States-Mexico Border Enforcement Commission (referred to in this section as the Commission).

The purposes of the Commission are—

(A) to study the overall enforcement strategies, programs, and policies of Federal agencies along the Southern border, including the Department, the Department of Justice, and other relevant agencies;

(B) to strengthen relations and collaboration between communities in the border regions and the Department, the Department of Justice, and other Federal agencies that carry out such strategies, programs, and policies;

(C) to ensure that the strategies, programs, and policies of Federal agencies along the Southern border and the agents and employees charged to implement such strategies, programs, and policies protect the due process, civil, and human rights of all individuals and communities at and near the Southern border; and

(D) to make recommendations to the President and Congress with respect to such strategies, programs, and policies.

The Commission shall be composed of 16 voting members and 2 nonvoting members.

The Governors of the States of California, New Mexico, Arizona, and Texas shall each appoint 4 voting members to the Commission, of whom—

(i) 1 shall be a local elected official from the State’s border region;

(ii) 1 shall be a local law enforcement official from the State’s border region; and

(iii) 2 shall be from the State’s communities of academia, religious leaders, civic leaders or community leaders.

The Secretary and the Attorney General shall each appoint 1 nonvoting member to the Commission.

Members of the Commission shall be—

(i) individuals with expertise in migration, border enforcement and protection, civil and human rights, community relations, cross-border trade and commerce, or other pertinent qualifications or experience; and

(ii) representative of a broad cross section of perspectives from the region along the Southern border.

Not more than 2 members of the Commission appointed by each Governor under paragraph (3)(B) may be members of the same political party.

An individual appointed as a voting member to the Commission may not be an officer or employee of the Federal Government.

All members of the Commission shall be appointed not later than 6 months after the date of the enactment of this Act. If any member of the Commission described in paragraph (3)(A) is not appointed by such date, the Commission shall carry out its duties under this section without the participation of such member.

Members of the Commission shall be appointed for terms lasting not longer than the shorter of—

(A) 3 years; or

(B) the life of the Commission.

Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made.

The Commission shall meet and begin the operations of the Commission as soon as practicable.

After its initial meeting, the Commission shall meet upon the call of the Chairman or a majority of its members.

The Commission shall formulate and implement an effective outreach strategy to border communities.

Nine members of the Commission shall constitute a quorum.

The voting members of the Commission shall elect a Chairman and Vice Chairman from among its members, who shall serve in such capacities for the life of the Commission or until removed by the majority vote of a quorum.

The Commission shall have a Federal, regional, and local review structure, divided into 2 subcommittees, of which—

(A) 1 shall focus on border technology, equipment, and infrastructure; and

(B) 1 shall focus on border and immigration enforcement policies and programs.

The Commission shall review, examine, and make recommendations regarding immigration and border enforcement policies, strategies, and programs, including recommendations regarding—

(1) the compliance of the Department and other immigration and border-related agencies with existing laws and regulations;

(2) the extent to which agency policies and practices protect the civil rights of migrants and border community residents, including policies and practices relating to engagement, detention, apprehension, use of force, definition and use of reasonable suspicion and probable cause, and racial profiling;

(3) the frequency, adequacy, and effectiveness of human and civil rights training of border enforcement personnel and others from Federal agencies who have contact with the public near the Southern border;

(4) the extent to which—

(A) the complaint process is transparent and accessible to the public;

(B) investigations are opened as necessary and are effectively pursued; and

(C) complaints are resolved in a timely and transparent manner;

(5) the effectiveness and capacity of agency oversight, accountability, and management, including prevention and disciplinary policies involving use of force, abuse, malfeasance, corruption, and illegal activity;

(6) the effect of operations, technology, and enforcement infrastructure along the Southern border on the—

(A) environment;

(B) cross border traffic and commerce;

(C) privacy rights and other civil liberties; and

(D) the quality of life of border communities;

(7) the extent to which State and local law enforcement engage in the enforcement of Federal immigration law;

(8) the extent of compliance with due process standards and equal protection of the law for immigrants and other individuals at and near the Southern border;

(9) whether border policies and agencies are accomplishing their stated goals; and

(10) any other matters regarding immigration and border enforcement policies, strategies, and programs that the Commission determines to be appropriate.

The Commission and any subcommittee or member of the Commission authorized by the Commission may, for the purpose of carrying out this title—

(A) hold hearings, sit and act, take testimony, receive evidence, and administer oaths; and

(B) request the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such authorized subcommittee or member determines to be advisable.

The Commission may make recommendations to the Secretary on the disposition of cases and the discipline of personnel under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

Not later than 180 days after receipt a report from the Commission, the Secretary shall issue a response that describes how the Department, the Department of Justice, and the Department of Defense have addressed the recommendations included in such report.

The Commission may enter into contracts to enable the Commission to discharge its duties under this title.

Upon request made by the Chairman, the chairman of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission, the Commission may secure information, suggestions, estimates, and statistics for the purposes of this title directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government, which shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission.

Information may only be received, handled, stored, and disseminated by members of the Commission and its staff in accordance with all applicable statutes, regulations, and Executive orders.

The Administrator of General Services shall provide, on a reimbursable basis, administrative support to the Commission and other services required for the performance of the Commission’s functions.

In addition to the assistance described in paragraph (1), Federal departments and agencies may provide the Commission with such services, funds, facilities, staff, and other support services as may be authorized by law.

The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States.

Members of the Commission shall serve without pay.

All members of the Commission shall be reimbursed for reasonable travel expenses and subsistence, and other reasonable and necessary expenses incurred by them in the performance of their duties.

The Commission shall establish a process and criteria by which Commission members receive orientation and training on human, constitutional, and civil rights.

Not later than 2 years after the date of the meeting called pursuant to subsection (a)(8)(A), the Commission shall submit a report to the President and Congress that contains—

(1) findings with respect to the duties of the Commission;

(2) recommendations regarding border and immigration enforcement policies, strategies, and programs;

(3) suggestions for the implementation of the Commission’s recommendations;

(4) a recommendation as to whether the Commission should continue to operate after the sunset date set forth in subsection (h); and

(5) if continued operations are recommended under paragraph (4), a description of the purposes and duties recommended to be carried out by the Commission after the sunset date set forth in subsection (h).

There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2012 through 2014 to carry out this section.

Unless the Commission is authorized by Congress to continue operations after such date, the Commission shall terminate on the date that is 60 days after the date on which the Commission submits the report described in subsection (f).

Except as provided in subsections (b) and (c), this Act preempts any State or local law, licensing requirement, or other standard, requirement, action or instrument that—

(1) discriminates among persons on the basis of immigration status; or

(2) imposes any sanction or liability—

(A) on any person based on his or her immigration status;

(B) on any person or entity based on the immigration status of its clients, employees, tenants, or other associates; or

(C) based on a violation or alleged violation of immigration law.

Notwithstanding subsection (a)(2)(C), a State or political subdivision of a State may take account of a Federal conviction for an immigration-related crime in the same manner as any other Federal criminal conviction.

Nothing in this Act may be construed to preempt—

(1) State or local discrimination based on immigration status if such discrimination is explicitly authorized by Federal law; or

(2) State or local citizenship requirements for voting, jury service, elective office, or other important governmental positions, to the extent such requirements comply with the Constitution of the United States.

In this section, the term immigration status refers to a person’s—

(1) actual or perceived present or previous visa classification, refugee status, temporary protected status, status as an immigrant lawfully admitted for permanent residence, lawful presence, work authorization, or other classification or category authorized under this Act; and

(2) lack of any status referred to in paragraph (1).

Section 287(g) (8 U.S.C. 1357(g)) is amended by striking paragraph (10) and inserting the following:

(10) Except as provided in sections 103(a)(10), 103(a)(11), 242(c), and 274(c), or an agreement under this subsection, the authority to investigate, identify, apprehend, arrest, or detain persons for any violation of this Act or any regulation issued pursuant to this Act—

(A) is restricted to immigration officers and employees of the Department of Homeland Security; and

(B) is subject to the specific limitations set forth in this Act.

(A) Not later than 60 days after the end of each fiscal year, the Secretary of Homeland Security shall—

(i) review the compliance of the State or local government with the terms of each agreement under this subsection; and

(ii) prepare a written report that contains the results of the compliance review and any recommendations to improve compliance with such agreement.

(B) Not later than 120 days after date on which recommendations are issued under subparagraph (A)(ii), the Secretary shall—

(i) review the implementation of such recommendations; and

(ii) inform the State or local government of any unresolved recommendations.

(C) If 1 or more of the recommendations issued under subparagraph (A)(ii) remain unresolved at the time of the subsequent annual compliance review, the Secretary shall immediately terminate the State or local government’s agreement under this subsection.

Not later than July 1, 2012, the Secretary, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Defense, and the Secretary of Commerce, in consultation with State, tribal, and local government officials, shall jointly develop and submit to Congress a border protection strategy for the Northern border and the Southern border.

The strategy developed under subsection (a) shall include—

(1) a comparative analysis of the levels of border security, based on auditable and verifiable data, achievable through alternative tactical infrastructure and other security measures, including an assessment of—

(A) pedestrian fencing;

(B) vehicle barriers, especially in the vicinity of existing or planned roads;

(C) additional Border Patrol agents;

(D) efficacy of natural barriers and open space in response to unauthorized or unlawful border crossing;

(E) fielding of advanced remote sensing and information integration technology, including the use of—

(i) unmanned aerial vehicles;

(ii) other advanced technologies and systems developed and employed, or under development, for tactical surveillance, multisource information integration, and response analysis in difficult terrain and under adverse environmental conditions;

(F) regional, urban, and rural variation in border security methodologies, including the incorporation of natural barriers;

(G) enhanced cooperation with, and assistance to, intelligence, security, and law enforcement agencies in Canada and Mexico in detecting, reporting, analyzing, and successfully responding to unauthorized or unlawful border crossings from or into Canada or Mexico; and

(H) removal of obstructive nonnative vegetation;

(2) a comprehensive analysis of cost and other impacts of security measures assessed in paragraph (1), including an assessment of—

(A) land acquisition costs, including related litigation and other costs;

(B) construction costs, including labor and material costs;

(C) maintenance costs for the next 25 years;

(D) contractor costs;

(E) management and overhead costs;

(F) the impacts on wildlife, wildlife habitat, natural communities, and functioning cross-border wildlife migration corridors and hydrology (including water quantity, quality, and natural hydrologic flows) on Federal, State, tribal, local government, and private lands along the Northern border and the Southern border; and

(G) the costs of fully mitigating the adverse impacts to Federal, State, tribal, local, and private lands, waters (including water quality, quantity, and hydrological flows), wildlife, and wildlife habitats, including, if such action is possible, the full costs of the replacement or restoration of severed wildlife migration corridors with protected corridors of equivalent biological functionality, as determined by each Secretary concerned, in consultation with appropriate authorities of State, tribal, and local governments and appropriate authorities of the Government of Canada and the Government of Mexico;

(3) a comprehensive compilation of the fiscal investments in acquiring or managing Federal, State, tribal, local, and private lands and waters in the vicinity of, or ecologically related to, the land borders of the United States that have been acquired or managed in whole or in part for conservation purposes (including the creation or management of protected wildlife migration corridors) in—

(A) units of the National Park System;

(B) National Forest System land;

(C) land under the jurisdiction of the Bureau of Land Management;

(D) land under the jurisdiction of the United States Fish and Wildlife Service;

(E) other relevant land under the jurisdiction of the Department of the Interior or the Department of Agriculture;

(F) land under the jurisdiction of the Department of Defense or any military department;

(G) land under the jurisdiction of the Department of Commerce;

(H) tribal lands;

(I) State and private lands; and

(J) lands within Canada or Mexico; and

(4) recommendations for strategic border security management based on—

(A) comparative security described in paragraph (1);

(B) the cost-benefit analysis described in paragraph (2); and

(C) the protection of investments in the lands specified in paragraph (3).

The Secretary, in cooperation with the Secretary concerned, shall provide—

(A) natural resource protection training for U.S. Customs and Border Protection agents or other Federal personnel assigned to plan or oversee the construction or operation of border security tactical infrastructure or to patrol land along or in the vicinity of a land border of the United States; and

(B) cultural resource training for U.S. Customs and Border Protection agents and other Federal personnel assigned to plan or oversee the construction or operation of border security tactical infrastructure or to patrol tribal lands.

In developing and providing training under paragraph (1)(A), the Secretary shall coordinate with the Secretary concerned and the relevant tribal government to ensure that such training—

(A) is appropriate to the mission of the relevant agency; and

(B) is focused on achieving border security objectives while avoiding or minimizing the adverse impact on natural and cultural resources resulting from border security tactical infrastructure, operations, or other activities.

In this section, the term Secretary concerned means—

(1) the Secretary of Agriculture, with respect to land under the jurisdiction of the Secretary of Agriculture;

(2) the Secretary of the Interior, with respect to land under the jurisdiction of the Secretary of the Interior;

(3) the Secretary of Defense, with respect to land under the jurisdiction of the Secretary of Defense or the secretary of a military department; and

(4) the Secretary of Commerce, with respect to land under the jurisdiction of the Secretary of Commerce.

The Secretary shall establish, in consultation with the Office of Civil Rights and Civil Liberties, a Border Communities Liaison Office in every Border Patrol sector on the Southern border or the Northern border.

The purpose of the Border Communities Liaison Office shall be—

(1) to foster and institutionalize consultation with border communities;

(2) to consult with border communities on—

(A) agency policies, directives, and laws;

(B) agency strategies and strategy development; and

(C) agency services and operational issues;

(3) to receive assessments on agency performance from border communities; and

(4) to receive complaints regarding agency performance and agent conduct.

There are authorized to be appropriated such sums as may be necessary in each of the fiscal years 2012 through 2016 to carry out this section.

In addition to any funds otherwise available, there are authorized to be appropriated such sums as may be necessary for the fiscal years 2012 through 2016 to carry out this part.

Amounts appropriated pursuant to subsection (a) may be used to implement projects that are authorized under this part and are described in—

(1) the Declaration on Embracing Technology and Cooperation to Promote the Secure and Efficient Flow of People and Commerce across our Shared Border between the United States and Mexico, agreed to March 22, 2002, Monterrey, Mexico; or

(2) the Smart Border Declaration between the United States and Canada, agreed to December 12, 2001, Ottawa, Canada.

Not later than 6 months after the date of the enactment of this Act, the Secretary, in consultation with the heads of other appropriate Federal agencies, shall submit to Congress a schedule for—

(1) equipping all ports of entry of the United States with the United States-Visitor and Immigrant Status Indicator Technology system (referred to in this section as US–VISIT) implemented under section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), including all necessary changes to infrastructure at the ports of entry to fully deploy US–VISIT;

(2) developing and deploying the exit component of US–VISIT at such ports of entry; and

(3) making interoperable all immigration screening systems operated by the Secretary.

Not later than 18 months after the date of the enactment of this Act, the Secretary shall establish and deploy a system capable of recording the departure of aliens admitted on temporary nonimmigrant visas under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)—

(1) at designated ports of entry; and

(2) in coordination with the Secretary of State, at designated United States consulates.

Section 275(b) (8 U.S.C. 1325(b)) is amended to read as follows:

Any alien older than 18 years of age who is apprehended while entering or attempting to enter, or knowingly crossing or attempting to cross the border to, the United States at a time or place that has not been designated as a lawful entry by immigration officers shall be subject to a civil penalty, in addition to any criminal or other civil penalties that may be imposed under any other provision of law, in an amount equal to—

(1) not less than $250 or more than $500 for each such entry or attempted entry; or

(2) twice the amount specified in paragraph (1), if the alien had previously been subject to a civil penalty under this subsection.

Section 276 (8 U.S.C. 1326) is amended to read as follows:

Any alien who has been denied admission, excluded, deported, or removed, or who has departed the United States while an order of exclusion, deportation, or removal is outstanding, and subsequently enters, attempts to enter, crosses the border to, attempts to cross the border to, or is at any time found in the United States, shall be fined under title 18, United States Code, imprisoned not more than 2 years, or both.

In addition to the penalty provided in subsection (a), any alien described in that subsection—

(1) whose removal was subsequent to a conviction for 3 or more misdemeanors involving drugs or crimes against the person, or a felony for which the alien was sentenced to a term of imprisonment of more than 12 months before such removal or departure, shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both;

(2) whose removal was subsequent to a conviction for a felony involving drugs or crimes against the person before such removal or departure for which the alien was sentenced to a term of imprisonment of not less than 30 months, shall be fined under such title 18, imprisoned not more than 10 years, or both;

(3) who has been excluded from the United States pursuant to section 235(c) because the alien was excludable under section 212(a)(3)(B) or has been removed from the United States, and who thereafter, without the permission of the Attorney General, enters the United States, or attempts to do so, shall be fined under title 18, United States Code, and imprisoned for a period of 10 years, which sentence shall not run concurrently with any other sentence;

(4) who was removed from the United States pursuant to section 241(a)(4)(B) and who thereafter, without the permission of the Attorney General, enters, attempts to enter, or is at any time found in, the United States (unless the Attorney General has expressly consented to such alien’s reentry) shall be fined under title 18, United States Code, imprisoned for not more than 10 years, or both;

(5) whose removal was subsequent to a conviction for an aggravated felony before such removal or departure for which the alien was sentenced to a term of imprisonment of not less than 60 months, shall be fined under such title 18, imprisoned not more than 20 years, or both; or

(6) was convicted for 3 felonies before such removal or departure, shall be fined under such title 18, imprisoned not more than 25 years, or both.

The prior convictions described in subsection (b) are elements of the crimes described in that subsection. The penalties set forth in subsection (b) shall apply only in cases in which the conviction or convictions that form the basis for the additional penalty are—

(1) alleged in the indictment or information; and

(2) proven beyond a reasonable doubt at trial or admitted by the defendant.

It shall be an affirmative defense to a violation of this section if—

(1) the alien sought and received the express consent of the Secretary of Homeland Security to reapply for admission into the United States before the alleged violation occurred;

(2) with respect to an alien previously denied admission and removed, the alien—

(A) was not required to obtain such advance consent under this Act; and

(B) had complied with all other laws and regulations governing the alien’s admission into the United States; or

(3) the prior order of removal was based on charges filed against the alien before the alien reached 18 years of age.

In a criminal proceeding under this section, an alien may not challenge the validity of the order described in subsection (a) or (b) unless the alien demonstrates that—

(1) the alien exhausted any administrative remedies that may have been available to seek relief against the order;

(2) the removal proceedings at which the order was issued improperly deprived the alien of the opportunity for judicial review; and

(3) the entry of the order was fundamentally unfair.

Any alien removed pursuant to section 241(a)(4) who enters, attempts to enter, crosses the border to, attempts to cross the border to, or is at any time found in, the United States—

(1) shall be incarcerated for the remainder of the sentence of imprisonment which was pending at the time of deportation without any reduction for parole or supervised release unless the alien affirmatively demonstrates that the Secretary of Homeland Security has expressly consented to the alien’s reentry or the alien is prima facie eligible for protection from removal; and

(2) shall be subject to such other penalties relating to the reentry of removed aliens as may be available under this section or any other provision of law.

An individual, acting without compensation or the expectation of compensation, is not aiding and abetting a violation of this section by—

(1) providing, or attempting to provide, an alien with humanitarian assistance, including emergency medical care or food; or

(2) transporting the alien to a location where such humanitarian assistance can be rendered without compensation or the expectation of compensation.

Section 212(a)(9)(A) (8 U.S.C. 1182(a)(9)(A)) is amended—

(1) in clause (i), by striking seeks admission within 5 years of the date of such removal (or within 20 years and inserting seeks admission not later than 5 years after the date of the alien’s removal (or not later than 20 years after the alien’s removal; and

(2) in clause (ii), by striking seeks admission within 10 years of the date of such alien’s departure or removal (or within 20 years of and inserting seeks admission not later than 10 years after the date of the alien’s departure or removal (or not later than 20 years after.

Section 212 (8 U.S.C. 1182) is amended—

(1) in subsection (a)(7), by adding at the end the following:

Except as provided in subsection (d)(2), any alien who, through his or her own fault, fails or has failed to comply with a lawful request for biometric information is inadmissible.; and

(2) in subsection (d), by inserting after paragraph (1) the following:

(2) The Secretary may waive the application of subsection (a)(7)(C) for an individual alien or a class of aliens. A decision by the Secretary to grant or deny a waiver under this paragraph shall not be subject to review.

Section 240B (8 U.S.C. 1229c) is amended—

(1) in subsection (a)—

(A) by amending paragraph (1) to read as follows:

If an alien is not removable under paragraph (2)(A)(iii) or (4) of section 237(a)—

(A) the Secretary of Homeland Security may permit the alien to voluntarily depart the United States at the alien’s own expense under this subsection instead of being subject to proceedings under section 240; or

(B) the Attorney General may permit the alien to voluntarily depart the United States at the alien’s own expense under this subsection after the initiation of removal proceedings under section 240 and before the conclusion of such proceedings before an immigration judge.;

(B) in paragraph (2), by amending subparagraph (A) to read as follows:

Subject to subparagraph (B), the Secretary of Homeland Security—

(I) may not grant an alien permission to voluntarily depart the United States under paragraph (1)(A) for a period exceeding 180 days; and

(II) may require such alien to post a voluntary departure bond, which shall be surrendered upon proof that the alien has departed the United States within the time specified in such bond.

The Attorney General—

(aa) may not grant an alien permission to voluntarily depart under paragraph (1)(B) for a period exceeding 90 days; and

(bb) may only grant such permission after determining that the alien has the means to depart the United States and intends to do so.

An immigration judge may—

(aa) require an alien permitted to voluntarily depart under paragraph (1)(B) to post a voluntary departure bond, in an amount necessary to ensure that the alien will depart, which shall be surrendered upon proof that the alien has departed the United States within the time specified in such bond; and

(bb) waive the requirement to post a voluntary departure bond after determining that the alien has presented—

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

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

(C) by striking paragraph (3); and

(D) by redesignating paragraph (4) as paragraph (3);

(2) by amending subsection (c) to read as follows:

Voluntary departure under this section may only be granted as part of an affirmative agreement by the alien.

In connection with the alien’s agreement to voluntarily depart under paragraph (1)(A), the Secretary of Homeland Security may reduce the period of inadmissibility under subparagraph (A) or (B)(i) of section 212(a)(9).

Agreements relating to voluntary departure granted during removal proceedings under section 240, or at the conclusion of such proceedings, shall be presented on the record before the immigration judge, who shall advise the alien of the consequences of a voluntary departure agreement, including the consequences of failing to comply with the agreement, before accepting such agreement.

If an alien who has agreed to voluntarily depart under this section fails to depart the United States within the time allowed for voluntary departure or fails to comply with any other terms of the agreement (including failure to timely post any required bond), unless such noncompliance is through no fault of the alien, the alien is—

(A) ineligible for the benefits of the agreement;

(B) subject to the penalties described in subsection (d); and

(C) subject to an alternate order of removal if voluntary departure was granted under subsection (a)(1)(B) or (b).

Except as expressly agreed to by the Secretary of Homeland Security in writing before the expiration of the period allowed for voluntary departure, no motion, appeal, application, petition, or petition for review shall affect, reinstate, enjoin, delay, stay, or toll the alien’s obligation to depart from the United States during the period agreed to by the alien and the Secretary.;

(3) by amending subsection (d) to read as follows:

An alien who is permitted to voluntarily depart under this section and fails to leave the United States during the period specified in the voluntary departure agreement or otherwise violates the terms of such agreement shall be liable for a civil penalty of $1,000. The voluntary departure order shall specify the amount of the penalty, which shall be acknowledged by the alien on the record.

If the Secretary of Homeland Security establishes, by clear and convincing evidence, that the alien failed to leave the United States during the period specified in the voluntary departure agreement—

(A) no further procedure will be necessary to establish the amount of the penalty;

(B) the Secretary may collect the civil penalty at any time thereafter and by whatever means provided by law; and

(C) the alien shall be ineligible for any benefits under this chapter until this civil penalty is paid.; and

(4) by amending subsection (e) to read as follows:

An alien may not be permitted to voluntarily depart under this section if the Secretary of Homeland Security or the Attorney General previously permitted the alien to depart voluntarily under this section on or after the date of the enactment of the CIR Act of 2011.

The Secretary may promulgate regulations to limit eligibility or impose additional conditions for voluntary departure under subsection (a)(1)(A) for any class of aliens.

The amendments made by this section shall apply with respect to all orders granting voluntary departure under section 240B of the Immigration and Nationality Act (8 U.S.C. 1229c) made on or after the date that is 180 days after the date of the enactment of this Act.

Section 222(g) (8 U.S.C. 1202(g)) is amended—

(1) in paragraph (1), by striking Attorney General, such visa and inserting Secretary of Homeland Security, such visa and any other nonimmigrant visa issued by the United States that is in the possession of the alien; and

(2) in paragraph (2)(A), by striking (other than the visa described in paragraph (1)) issued in a consular office located in the country of the alien’s nationality and inserting (other than a visa described in paragraph (1)) issued in a consular office located in the country of the alien’s nationality or foreign residence.

Section 243(c) (8 U.S.C. 1253(c)) is amended—

(1) by striking Attorney General each place such term appears and inserting Secretary of Homeland Security;

(2) by striking Commissioner each place such term appears and inserting Secretary; and

(3) in paragraph (1)—

(A) in subparagraph (A), by striking $2,000 and inserting $5,000;

(B) in subparagraph (B), by striking $5,000 and inserting $10,000; and

(C) by amending paragraph (1)(C) to read as follows:

The Secretary of Homeland Security, in the Secretary’s unreviewable discretion and upon the receipt of a written request, may mitigate the monetary penalties required under this subsection for each alien stowaway to an amount equal to not less than $500, upon such terms that the Secretary determines to be appropriate.

Sec. 243(d) (8 U.S.C. 1253(d)) is amended—

(1) by striking Attorney General each place such term appears and inserting Secretary of Homeland Security;

(2) by inserting or subsets of such visas after both,; and

(3) by inserting of State after Secretary the last place such term appears.

Section 241(i)(5)(C) (8 U.S.C. 1231(i)(5)(C)) is amended by striking to carry out this subsection and all that follows and inserting $950,000,000 for each of the fiscal years 2012 through 2016 to carry out this subsection..

Section 501 of the Immigration Reform and Control Act of 1986 (8 U.S.C. 1365) is amended—

(1) by striking subsection (a) and inserting the following:

Subject to the amounts provided in advance in appropriation Acts, the Attorney General shall reimburse a State for—

(1) the costs incurred by the State for the imprisonment of all unauthorized aliens convicted of a felony by such State; and

(2) the indirect costs related to the imprisonments described in paragraph (1).; and

(2) by striking subsections (c) through (e) and inserting the following:

Reimbursements under this section shall be allocated in a manner that gives special consideration for any State that shares a border with Mexico or with Canada.

In this section:

The term indirect costs includes—

(A) court costs, county attorney costs, detention costs, and criminal proceedings expenditures that do not involve going to trial;

(B) indigent defense costs; and

(C) unsupervised probation costs.

The term State has the meaning given such term in section 101(a)(36) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(36)).

There are authorized to be appropriated $200,000,000 for each of the fiscal years 2012 through 2016 to carry out subsection (a)(2).

Section 287(d) (8 U.S.C. 1357(d)) is amended to read as follows:

An authorized officer or employee of the Department of Homeland Security shall promptly determine whether or not to issue a detainer to detain an alien who is arrested by a Federal, State, or local law enforcement official for a violation of any law relating to controlled substances if the law enforcement official—

(A) has reason to believe that the alien has not been lawfully admitted to the United States or is otherwise not lawfully present in the United States;

(B) expeditiously informs such officer or employee of the arrest and of facts concerning the status of the alien; and

(C) requests the Department of Homeland Security to determine whether or not to issue such detainer.

If a detainer is issued pursuant to paragraph (1) and the alien is not otherwise detained by Federal, State, or local officials, the Secretary shall effectively and expeditiously take custody of the alien.

The Secretary of Homeland Security shall collect data regarding detainers issued under this subsection, including—

(A) the criminal charge for which the individual was arrested or convicted;

(B) the date on which the detainer was issued;

(C) the basis for the issuance of the detainer;

(D) the date on which the detainer was lifted;

(E) the date on which a Federal or State criminal court or other government entity ordered the release of the individual;

(F) the date on which the Department of Homeland Security took custody of the individual;

(G) the perceived race, ethnicity, and country of origin of the individual against whom the detainer was issued;

(H) the age of the individual;

(I) whether the individual was a victim of, or a witness to, a crime;

(J) the disposition of the criminal case against the individual;

(K) the ultimate disposition of the immigration case, including whether the individual was determined to be a United States citizen;

(L) the grounds of removal, if applicable, and any charges brought by the Secretary; and

(M) the number of individuals removed after the Secretary took custody while any criminal matter was pending.

The Secretary shall issue regulations that require officers and employees of the Department of Homeland Security—

(1) to confirm, before issuing a detainer—

(A) the alienage of the individual to be made subject to such detainer through lawfully obtained information, including—

(i) the name of the individual;

(ii) the date of birth of the individual; or

(iii) the fingerprints of the individual;

(B) whether the individual is removable from the United States; and

(C) that the individual was not the victim of a crime or a witness to a crime; and

(2) to provide notice to the individual being detained, in the individual’s native language—

(A) that a detainer has been issued; and

(B) the procedure for challenging the detainer.

Section 1541 of title 18, United States Code, is amended to read as follows:

Any person who, during any period of 3 years or less, knowingly— shall be fined under this title, imprisoned not more than 20 years, or both.

(1) and without lawful authority produces, issues, or transfers 10 or more passports;

(2) forges, counterfeits, alters, or falsely makes 10 or more passports;

(3) secures, possesses, uses, receives, buys, sells, or distributes 10 or more passports, knowing the passports to be forged, counterfeited, altered, falsely made, stolen, procured by fraud, or produced or issued without lawful authority; or

(4) completes, mails, prepares, presents, signs, or submits 10 or more applications for a United States passport, knowing the applications to contain any false statement or representation,

Any person who knowingly and without lawful authority produces, buys, sells, possesses, or uses any official material (or counterfeit of any official material) used to make a passport, including any distinctive paper, seal, hologram, image, text, symbol, stamp, engraving, or plate, shall be fined under this title, imprisoned not more than 20 years, or both.

Section 1542 of title 18, United States Code, is amended to read as follows:

Any person who knowingly— shall be fined under this title, imprisoned not more than 15 years, or both.

(1) makes any false statement or representation in an application for a United States passport; or

(2) mails, prepares, presents, or signs an application for a United States passport knowing the application to contain any false statement or representation,

An offense under subsection (a) may be prosecuted in any district—

(A) in which the false statement or representation was made or the application for a United States passport was prepared or signed; or

(B) in which or to which the application was mailed or presented.

An offense under subsection (a) involving an application for a United States passport prepared and adjudicated outside the United States may be prosecuted in the district in which the resultant passport was or would have been produced.

Nothing in this section may be construed to limit the venue otherwise available under sections 3237 and 3238.

Section 1543 of title 18, United States Code, is amended to read as follows:

Any person who knowingly— shall be fined under this title, imprisoned not more than 15 years, or both.

(1) forges, counterfeits, alters, or falsely makes any passport; or

(2) transfers any passport knowing it to be forged, counterfeited, altered, falsely made, stolen, or to have been produced or issued without lawful authority,

Any person who knowingly and without lawful authority— shall be fined under this title, imprisoned not more than 15 years, or both.

(1) produces, issues, authorizes, or verifies a passport in violation of the laws, regulations, or rules governing the issuance of the passport;

(2) produces, issues, authorizes, or verifies a United States passport for or to any person knowing or in reckless disregard of the fact that such person is not entitled to receive a passport; or

(3) transfers or furnishes a passport to any person for use by any person other than the person for whom the passport was issued or designed,

Section 1544 of title 18, United States Code, is amended to read as follows:

Any person who knowingly— shall be fined under this title, imprisoned not more than 15 years, or both.

(1) uses any passport issued or designed for the use of another person;

(2) uses any passport in violation of the conditions or restrictions contained in the passport, or in violation of the laws, regulations, or rules governing the issuance and use of the passport;

(3) secures, possesses, uses, receives, buys, sells, or distributes any passport knowing it to be forged, counterfeited, altered, falsely made, procured by fraud, or produced or issued without lawful authority; or

(4) violates the terms and conditions of any safe conduct duly obtained and issued under the authority of the United States,

Section 1545 of title 18, United States Code, is amended to read as follows:

Any person who knowingly executes a scheme or artifice, in connection with any matter that is authorized by or arises under any Federal immigration law or any matter the offender claims or represents is authorized by or arises under any Federal immigration law, to— shall be fined under this title, imprisoned not more than 15 years, or both.

(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,

Any person who knowingly and falsely represents that such person is an attorney or an accredited representative (as that term is defined in section 1292.1 of title 8, Code of Federal Regulations (or any successor regulation)) in any matter arising under any Federal immigration law shall be fined under this title, imprisoned not more than 15 years, or both.

Section 1546 of title 18, United States Code, is amended—

(1) by amending the section heading to read as follows:

(2) by striking subsections (b) and (c) and inserting the following:

Any person who, during any period of 3 years or less, knowingly— shall be fined under this title, imprisoned not more than 20 years, or both.

(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,

Any person who knowingly and without lawful authority produces, buys, sells, possesses, or uses any official material (or counterfeit of any official material) used to make immigration documents, including any distinctive paper, seal, hologram, image, text, symbol, stamp, engraving, or plate, shall be fined under this title, imprisoned not more than 20 years, or both.

Any person who uses—

(1) an identification document, knowing or having reason to know that the document is false or was not issued lawfully for the use of the possessor; or

(2) a false attestation, for the purpose of satisfying a requirement under section 274A(b) of the Immigration and Nationality Act (8 U.S.C. 1324a(b)), shall be fined under this title, imprisoned not more than 1 year, or both.

Section 1547 of title 18, United States Code, is amended—

(1) in the matter preceding paragraph (1), by striking (other than an offense under section 1545);

(2) in paragraph (1), by striking 15 and inserting 20; and

(3) in paragraph (2), by striking 20 and inserting 25.

Chapter 75 of title 18, United States Code, is amended by adding after section 1547 the following:

Any person who attempts or conspires to violate any section of this chapter shall be punished in the same manner as a person who completed a violation of such section.

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.

Any person who commits an offense under this chapter outside the United States shall be punished as provided under this chapter if—

(1) the offense involves a United States passport or immigration document (or any document purporting to be such a document) or any matter, right, or benefit arising under or authorized by any Federal immigration law;

(2) the offense is in or affects foreign commerce;

(3) the offense affects, jeopardizes, or poses a significant risk to the lawful administration of Federal immigration laws, or the national security of the United States;

(4) the offense is committed to facilitate an act of international terrorism (as defined in section 2331) or a drug trafficking crime (as defined in section 929(a)(2)) that affects or would affect the national security of the United States;

(5) the offender is a national of the United States or an alien lawfully admitted for permanent residence (as those terms are defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a))); or

(6) the offender is a stateless person whose habitual residence is in the United States.

Nothing in this chapter may be construed to prohibit—

(1) any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or an intelligence agency of the United States; or

(2) any activity authorized under title V of the Organized Crime Control Act of 1970 (Public Law 91–452; 84 Stat. 933).

The table of sections for chapter 75 of title 18, United States Code, is amended to read as follows:

Section 3291 of title 18, United States Code, is amended to read as follows:

A person may not be prosecuted, tried, or punished for any violation under chapter 69 (relating to nationality and citizenship offenses), 75 (relating to passport, visa, and immigration offenses), or 77 (relating to peonage, slavery, and trafficking in persons), for an attempt or conspiracy to commit such a violation, for a violation of any criminal provision under section 243, 266, 274, 275, 276, 277, or 278 of the Immigration and Nationality Act (8 U.S.C. 1253, 1306, 1324, 1325, 1326, 1327, and 1328), or for an attempt or conspiracy to commit any such violation, unless the indictment is returned or the information filed not later than 10 years after the commission of the offense.

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:

Pursuant to the authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall promulgate or amend the sentencing guidelines, policy statements, and official commentaries related to passport fraud offenses, including the offenses described in chapter 75 of title 18, United States Code, as amended by section 245, to reflect the serious nature of such offenses.

Not later than 1 year after the date of the enactment of this Act, the United States Sentencing Commission shall submit a report on the implementation of this subsection to—

(A) the Committee on the Judiciary of the Senate; and

(B) the Committee on the Judiciary of the House of Representatives.

The Attorney General, in consultation with the Secretary, shall develop binding prosecution guidelines for Federal prosecutors to ensure that each prosecution of an alien seeking entry into the United States by fraud is consistent with the United States treaty obligations under Article 31(1) of the Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223)).

The guidelines developed pursuant to subparagraph (A), and any internal office procedures related to such guidelines—

(i) are intended solely for the guidance of attorneys of the United States; and

(ii) are not intended to, do not, and may not be relied upon to, create any right or benefit, substantive or procedural, enforceable at law by any party in any administrative, civil, or criminal matter.

A person described in paragraph (3) may not be prosecuted under chapter 75 of title 18, United States Code, or under section 275 or 276 of the Immigration and Nationality Act (8 U.S.C. 1325 and 1326), in connection with the person’s entry or attempted entry into the United States until after the date on which the person’s application for such protection, classification, or status has been adjudicated and denied in accordance with the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

A person described in this paragraph is a person who—

(A) is seeking protection, classification, or status; and

(i) has filed an application for asylum under section 208 of the Immigration and Nationality Act (8 U.S.C. 1158), withholding of removal under section 241(b)(3) of such Act (8 U.S.C. 1231), or relief under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York, December 10, 1994, pursuant to title 8, Code of Federal Regulations;

(ii) indicates immediately after apprehension, that he or she intends to apply for such asylum, withholding of removal, or relief and promptly files the appropriate application;

(iii) has been referred for a credible fear interview, a reasonable fear interview, or an asylum-only hearing under section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) or title 8, Code of Federal Regulations; or

(iv) has filed an application for classification or status under—

(I) paragraph (15)(T), (15) (U), (27)(J), or (51) of section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)); or

(II) section 216(c)(4)(C), 240A(b)(2), or 244(a)(3) of such Act (8 U.S.C. 1186a(c)(4)(C), 1229b(b)(2), and 1254a(a)(3)).

Section 1703 of title 19, United States Code, is amended—

(1) by amending the section heading to read as follows:

(2) in subsection (a), by amending the subsection heading to read as follows:

(3) in subsection (b), by amending the subsection heading to read as follows:

(4) in subsections (a) and (b), by inserting, vehicle, other conveyance, or instrument of international traffic after vessel each place such term appears; and

(5) by amending subsection (c) to read as follows:

For purposes of this section, prima facie evidence that a conveyance is being, has been, or is attempting to be employed in smuggling or to defraud the revenue of the United States shall be—

(1) in the case of a vessel, the vessel—

(A) has become subject to pursuit, as described in section 1581;

(B) is a hovering vessel; or

(C) fails, at any place within the customs waters of the United States or within a customs-enforcement area, to display lights as required by law;

(2) in the case of a vehicle, other conveyance, or instrument of international traffic, the vehicle, other conveyance, or instrument of international traffic has any compartment or equipment that is built or fitted out for smuggling.

The table of sections for chapter 5 of title 19, United States Code, is amended by striking the item relating to section 1703 and inserting the following:

Section 982(a) of title 18, United States Code, is amended—

(1) in paragraph (2)(B), by inserting 1028A between 1028 and 1029;

(2) in paragraph (6)(A)—

(A) by striking or 274A(a)(2) and inserting 274A(a)(2) or 274A(i); and

(B) by inserting and 1028A after 1028 and

(3) in paragraph (8), by inserting and 1028A after 1028.

Section 231 (8 U.S.C. 1221) is amended—

(1) by striking commercial vessel or aircraft each place it appears and inserting commercial vessel, commercial vehicle, or aircraft;

(2) in subsection (a), by striking such vessel or aircraft and inserting such vessel, vehicle, or aircraft;

(3) in subsection (g), by striking $1,000 and inserting $5,000;

(4) in subsection (j), by striking The Attorney General and inserting the following:

The Secretary of Homeland Security; and

(5) by inserting at the end the following:

The Secretary of Homeland Security may provide information contained in passenger and crew manifests and passenger name record information received under this section to other Federal, State, tribal, local, and foreign government authorities in order to protect the national security of the United States or as otherwise authorized by law.

Nothing in this section may be construed to abrogate, diminish, or weaken the provisions of any Federal law that prevents or protects against unauthorized collection or release of personal records.

Not later than 1 year after the date of the enactment of this Act, the Secretary shall assess the privacy and civil liberties impacts of the amendments made by subsection (a).

Section 758 of title 18, United States Code, is amended to read as follows:

Any person who, while operating a motor vehicle or vessel— shall be fined under this title, imprisoned not more than 5 years, or both.

(1) knowingly flees or evades a checkpoint operated by the Department of Homeland Security or any other Federal law enforcement agency; and

(2) knowingly or recklessly disregards or disobeys the lawful command of a Federal law enforcement officer engaged in the enforcement of Federal law, or the lawful command of any law enforcement officer assisting such Federal officer,

Any person who, while operating a motor vehicle, aircraft, or vessel, knowingly or recklessly disregards or disobeys the lawful command of a Federal law enforcement officer engaged in the enforcement of Federal law, or the lawful command of any law enforcement officer assisting such Federal officer, shall be fined under this title, imprisoned not more than 2 years, or both.

The Secretary may award grants to any Indian tribe that—

(1) owns land that is adjacent to an international border of the United States; and

(2) has been adversely affected by illegal immigration.

Grants awarded under subsection (a) may be used for—

(1) law enforcement activities;

(2) health care services;

(3) environmental restoration; and

(4) the preservation of cultural resources.

Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that—

(1) describes the level of access that Border Patrol agents have on tribal lands;

(2) describes the extent to which the enforcement of Federal immigration laws and rescue operations by Border Patrol officers may be improved by enhanced access to tribal lands;

(3) contains a strategy for improving access to tribal lands through increased cooperation with tribal authorities; and

(4) identifies grants provided by the Department to Indian tribes, either directly or through grants provided to State or local governments, for border security expenses.

There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2012 through 2016 to carry out this section.

(a) Section 37(a)(1) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2709(a)(1)) is amended to read as follows:

(1) conduct investigations concerning—

(A) illegal passport or visa issuance or use;

(B) identity theft or document fraud affecting or relating to the programs, functions, or authorities of the Department of State;

(C) violations of chapter 77 of title 18, United States Code; and

(D) Federal offenses committed within the special maritime and territorial jurisdiction defined in section 7(9) of title 18, United States Code, except as that jurisdiction relates to the premises of United States military missions and related residences;.

Nothing in this section may be construed to limit the investigative authority of any Federal department or agency.

Section 212(a)(2)(A)(i) (8 U.S.C. 1182(a)(2)(A)(i)) is amended—

(1) in subclause (I), by striking or at the end;

(2) in subclause (II), by striking the comma at the end and inserting a semicolon; and

(3) by inserting after subclause (II) the following:

(III) a conviction under section 2250 of title 18, United States Code (relating to failure to register as a sex offender),.

Section 237(a)(2)(A)(i) (8 U.S.C. 1227(a)(2)(A)(i)) is amended—

(1) in subclause (I), by striking, and and inserting a semicolon;

(2) in subclause (II), by striking the comma at the end and inserting; or; and

(3) by inserting after subclause (II) the following:

(III) a conviction under section 2250 of title 18, United States Code (relating to failure to register as a sex offender),.

Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended—

(1) in the matter preceding subparagraph (A), by striking The term aggravated felony means— and inserting Notwithstanding any other provision of law, the term aggravated felony applies to any offense which is a felony described in this paragraph, whether in violation of Federal or State law, for which the individual served at least 1 year of imprisonment and to such a felony offense in violation of the law of a foreign country, for which the term of imprisonment was completed during the previous 15 years, regardless of whether the conviction was entered before, on, or after September 30, 1996, and means—;

(2) in subparagraph (N), by striking paragraph (1)(A) or (2) of and inserting paragraph (1)(A), (2), or (4) of; and

(3) by striking the undesignated matter following subparagraph (U).

The amendments made by subsection (a) shall—

(A) take effect on the date of the enactment of this Act; and

(B) apply to any act that occurred on or after such date.

The amendments to section 101(a)(43) of the Immigration and Nationality Act made by section 321 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208; 110 Stat. 3009–627) shall continue to apply to actions taken on or after September 30, 1996, regardless of when the conviction for such actions occurred.

Section 212(a)(2) (8 U.S.C. 1182(a)(2)) is amended by adding at the end the following:

Unless the Secretary of Homeland Security or the Attorney General waives the application of this subparagraph, any alien who has been convicted of a crime under section 521 of title 18, United States Code, is inadmissible.

Section 237(a)(2) (8 U.S.C. 1227(a)(2)) is amended by adding at the end the following:

Unless the Secretary of Homeland Security or the Attorney General waives the application of this subparagraph, any alien who has been convicted of a crime under section 521 of title 18, United States Code, is deportable.

Section 244 (8 U.S.C. 1254a) is amended—

(A) by striking Attorney General each place it appears and inserting Secretary of Homeland Security;

(B) in subsection (c)(2)(B)—

(i) in clause (i), by striking, or at the end and inserting a semicolon;

(ii) in clause (ii), by striking the period at the end and inserting; or; and

(iii) by adding at the end the following:

(iii) the alien has been convicted of a crime under section 521 of title 18, United States Code.

(C) in subsection (d)—

(i) by striking paragraph (3);

(ii) by redesignating paragraph (4) as paragraph (3); and

(iii) in paragraph (3), as redesignated, by adding at the end the following: The Secretary of Homeland Security shall detain an alien provided temporary protected status under this section if the alien has been found by an immigration judge to be subject to detention under section 236(c)(1)..

Section 243 (8 U.S.C. 1253) is amended—

(1) in subsection (a)(1), in the matter following subparagraph (D)—

(A) by striking or imprisoned not more than four years and inserting and imprisoned for not more than 5 years; and

(B) by striking, or both; and

(2) in subsection (b), by striking not more than $1,000 or imprisoned for not more than 1 year, or both and inserting under title 18, United States Code, and imprisoned for not more than 3 years (or for not more than 10 years if the alien is removable under paragraph (1)(E), (2), or (4) of section 237(a))..

In this part:

The term apprehension means the detention, arrest, or custody, or any significant deprivation of an individual’s freedom of action by government officials or entities acting under agreement with the Department for suspicion of violations under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

The term child has the meaning given to the term in section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)).

The term child welfare agency means the State or local agency responsible for child welfare services under subtitles B and E of title IV of the Social Security Act (42 U.S.C. 601 et seq.).

The term cooperating entity means a State or local entity acting under agreement with, or at the request of, the Department.

The term detainee means an individual who is subject to detention under the Immigration and Nationality Act.

The term detention means government custody or any other deprivation of an individual's freedom of movement by government agents.

The term detention facility means a Federal, State, or local government facility, or a privately owned and operated facility, that is used to hold individuals suspected or found to be in violation of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) for more than 72 hours.

The term family with children means any parent or legal guardian who is apprehended with 1 or more of their children.

The term group legal orientation presentations means live group presentations, supplemented by individual orientations, pro se workshops, and pro bono referrals, that—

(A) are carried out by private nongovernmental organizations;

(B) are presented to detainees;

(C) inform detainees about Federal immigration law and procedures; and

(D) enable detainees to determine their eligibility for relief.

The term immigration enforcement action means the apprehension of, detention of, or request for or issuance of a detainer for, 1 or more individuals for suspected or confirmed violations of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) by the Department or cooperating entities.

The term local education agency has the meaning given to the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

The term NGO means a nongovernmental organization that provides social services or humanitarian assistance to the immigrant community.

The term secure alternatives means custodial or noncustodial programs under which aliens are screened and provided with appearance assistance services or placed in supervision programs as needed to ensure they appear at all immigration interviews, appointments and hearings.

The term detention facility means a Federal, State, or local government facility, or a privately owned and operated facility, that is used to hold individuals suspected or found to be in violation of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) for 72 hours or less.

The term unaccompanied alien children has the meaning given the term in section 462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)).

Not later than 72 hours after the commencement of an immigration-related enforcement activity, the Department shall screen each detainee to determine if the individual is a member of a vulnerable population.

An individual is a member of a vulnerable population and eligible for release under subsection (b) if the Department determines that he or she—

(A) has a nonfrivolous claim to United States citizenship;

(B) has been deemed by a medically trained professional to have medical or mental health needs, or a disability;

(C) is pregnant or nursing;

(D) is being detained with 1 or more of his or her children, or is 1 of such children;

(E) provides financial, physical, and other direct support to his or her minor children, parents, or other dependents;

(F) is older than 65 years of age;

(G) is a child (as defined in section 101(b) of the Immigration and Nationality Act (8 U.S.C. 1101(b));

(H) is a victim of abuse, violence, crime, or human trafficking;

(I) is a lesbian, gay, bisexual, or transgender individual;

(J) has been referred for a credible fear interview, a reasonable fear interview, or an asylum hearing, or is a stateless individual;

(K) has applied or intends to apply for asylum, withholding of removal, or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984;

(L) is prima facie eligible for relief under any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) including returning lawful permanent residents; or

(M) is a member of any other group that has been designated as a vulnerable population in regulations or guidance promulgated by the Secretary.

Section 236 (8 U.S.C. 1226), as amended by this Act, is further amended—

(1) in subsection (a)—

(A) in the matter preceding paragraph (1) by striking (c) and inserting (g); and

(B) in paragraph (2)—

(i) in subparagraph (A), by striking or at the end;

(ii) in subparagraph (B), by striking but at the end; and

(iii) by inserting after subparagraph (B) the following:

(C) the alien’s own recognizance;; and.

(C) by redesignating paragraph (3) as paragraph (4); and

(D) by inserting after paragraph (2) the following:

(3) may enroll the alien in a secure alternatives program; and; and

(2) by redesignating subsections (b), (c), and (d), as subsections (f), (g), and (h), respectively;

(3) by inserting after subsection (a) the following:

For any alien who is not charged with inadmissibility or removability under a ground specified in subsection (g) or section 236A, the criteria that the Secretary of Homeland Security or the Attorney General shall use to demonstrate that detention is necessary are—

(A) whether the alien poses a risk to public safety, including a risk to national security; and

(B) whether alien poses a flight risk and there are no conditions of release that will reasonably ensure that the alien will appear for immigration proceedings, including bond or other conditions that reduce the risk of flight.

A decision to detain an alien shall not be subject to the criteria under paragraph (1) if the Secretary demonstrates, by a preponderance of the evidence, that the alien is described in subsection (g)(1).

Decisions by the Secretary or the Attorney General under this section shall be subject to review.

Not later than 72 hours after an individual is detained under this section (unless the 72-hour requirement is waived in writing by the individual), an individual who is a member of a vulnerable population shall be released from the custody of the Department of Homeland Security and shall not be subject to electronic monitoring unless the Department demonstrates by a preponderance of evidence that the individual—

(A) is subject to mandatory detention under subsection (g) or section 236A;

(B) poses a risk to public safety, including a risk to national security; or

(C) is a flight risk and the risk cannot be mitigated through other conditions of release, such as bond or secure alternatives, which will reasonably ensure the alien will appear for immigration proceedings.

An individual shall be released from custody under this subsection—

(A) on the individual’s own recognizance;

(B) by posting a minimum bond under subsection (a)(2)(a);

(C) on parole, in accordance with section 212(d)(5)(A); or

(D) into a noncustodial secure alternatives program.

All decisions to detain an individual under this Act—

(A) shall be made in writing by the Secretary of Homeland Security or the Attorney General;

(B) shall specify the reasons for such decision if the decision is made to continue detention without bond, parole, release on recognizance, or release into a noncustodial secure alternatives program; and

(C) shall be served upon the individual in the language spoken by the individual—

(i) not later than 72 hours after the commencement of the alien’s detention; or

(ii) in the case of an alien subject to section 235 or 241(a)(5) who must establish a credible fear of persecution or torture, not later than 72 hours after a positive credible fear of persecution or reasonable fear of persecution or torture determination.

Any alien detained by the Department of Homeland Security under this Act may, at any time after being served with the Secretary’s decision under paragraph (1), request a redetermination of that decision by an immigration judge.

The Attorney General may review and conduct custody redeterminations for any custody decision by the Secretary.

Nothing in this subparagraph may be construed to prevent an individual from requesting a bond redetermination.

The Secretary of Homeland Security, for each individual detained by the Department of Homeland Security under this section, shall—

(A) file the notice to appear or other relevant charging document with the closest immigration court to where the individual was apprehended; and

(B) serve such notice on the individual not later than 48 hours after the commencement of the individual’s detention.

Any individual who is detained under this section for more than 48 hours shall be brought before an immigration judge for a custody determination not later than 72 hours after the commencement of such detention unless the individual waives such right in accordance with paragraph (3).

The requirements under this subsection may be waived for 7 days if the individual—

(A) enters into a written agreement with the Department of Homeland Security to waive such requirement; and

(B) is eligible for immigration benefits or demonstrates eligibility for a defense against removal.

Nothing in this section may be construed to repeal section 236A.;

(4) in subsection (g)(2), as redesignated, by inserting or for humanitarian reasons, after such an investigation,; and

Subject to paragraph (2), when conducting any immigration enforcement action involving more than 10 individuals, the Department and cooperating entities shall notify the Governor of the State, the local child welfare agency, and relevant State and local law enforcement before commencing the action, or, if advance notification is not possible, immediately after commencing such action, of—

(A) the approximate number of individuals to be targeted in the immigration enforcement action; and

(B) the primary language or languages believed to be spoken by individuals at the targeted site.

To the extent possible, advance notification under paragraph (1) should occur during business hours and allow the notified entities sufficient time to identify resources to conduct the interviews described in subsection (b)(1).

When conducting any immigration action involving more than 10 individuals, the Department and cooperating entities shall notify the relevant local education agency and local NGOs of the information described in paragraph (1) immediately after commencing the action.

In any immigration enforcement action involving more than 10 individuals, the Department and cooperating entities shall—

(1) as soon as possible and not later than 6 hours after an immigration enforcement action, provide licensed social workers or case managers employed or contracted by the child welfare agency or local NGOs with confidential access to screen and interview individuals apprehended in such immigration enforcement action to assist the Department or cooperating entity in determining if such individuals are parents, legal guardians, or primary caregivers of a child in the United States;

(2) as soon as possible and not later than 8 hours after an immigration enforcement action, provide any apprehended individual believed to be a parent, legal guardian, or primary caregiver of a child in the United States with—

(A) free, confidential telephone calls, including calls to child welfare agencies, attorneys, and legal services providers, to arrange for the care of children or wards, unless the Department has reasonable grounds to believe that providing confidential phone calls to the individual would endanger public safety or national security; and

(B) contact information for—

(i) child welfare agencies in all 50 States, the District of Columbia, all United States territories, counties, and local jurisdictions; and

(ii) attorneys and legal service providers capable of providing free legal advice or free legal representation regarding child welfare, child custody determinations, and immigration matters;

(3) ensure that personnel of the Department and cooperating entities do not—

(A) interview individuals in the immediate presence of children; or

(B) compel or request children to translate for interviews of other individuals who are encountered as part of an immigration enforcement action; and

(4) ensure that any parent, legal guardian, or primary caregiver of a child in the United States—

(A) receives due consideration of the best interests of his or her children or wards in any decision or action relating to his or her detention, release, or transfer between detention facilities; and

(B) is not transferred from his or her initial detention facility or to the custody of the Department until the individual—

(i) has made arrangements for the care of his or her children or wards; or

(ii) if such arrangements are impossible, is informed of the care arrangements made for the children and of a means to maintain communication with the children.

Information collected by child welfare agencies and NGOs in the course of the screenings and interviews described in subsection (b)(1) about an individual apprehended in an immigration enforcement action may not be disclosed to Federal, State, or local government entities or to any person, except pursuant to written authorization from the individual or his or her legal counsel.

Notwithstanding paragraph (1), a child welfare agency or NGO may—

(A) submit a recommendation to the Department of Homeland Security or cooperating entities regarding whether an apprehended individual is a parent, legal guardian, or primary caregiver who is eligible for the protections provided under this Act; and

(B) disclose information that is necessary to protect the safety of the child, to allow for the application of subsection (b)(4)(A), or to prevent reasonably certain death or substantial bodily harm.

Any family with children sought to be removed by the Department shall be placed in removal proceedings under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).

Families with children shall not be separated or taken into custody except when justified by exceptional circumstances, or when required by law.

In exceptional circumstances, if release or a secure alternatives program is not an option for families with children, the Secretary shall ensure that—

(A) special nonpenal, residential, home-like facilities that enable families to live as a family unit are designed to house families with children, taking into account the particular needs and vulnerabilities of the children;

(B) procedures and conditions of custody are appropriate for families with children;

(C) entities with demonstrated experience and expertise in child welfare staff and are responsible for the management of facilities housing families with children;

(D) unless such restrictions are necessary to prevent flight or to ensure the safety of residents, families with children are not subject to restrictions—

(i) on freedom of movement;

(ii) involving access to visitations, telephones, internet, a library, and a law library;

(iii) regarding possession of personal property, including personal clothing;

(iv) on the availability of age appropriate education; or

(v) religious practices;

(E) individualized reviews by an immigration judge of each family’s well being, custody status and the need for continued detention are conducted every 30 days for any family held in such a facility for more than 3 weeks;

(F) all families are notified in writing of the decisions resulting from such reviews and of the individualized reasons for the decision; and

(G) parents retain fundamental parental rights and responsibilities, including the discipline of children, in accordance with applicable State laws.

Section 235(b)(1)(B)(iii) (8 U.S.C. 1225(b)(1)(B)(iii)) is amended—

(1) in subclause (IV), by striking Any alien and inserting Except as provided in subclause (V), any alien; and

(2) by adding at the end the following:

The Secretary of Homeland Security may decide for humanitarian reasons or significant public benefit not to detain families with children who are otherwise subject to mandatory detention under subclause (IV).

The Secretary shall ensure that all detention facilities operated by or under agreement with the Department implement procedures to ensure that the best interest of the child, including the best outcome for the family of the child, is considered in any decision or action relating to the custody of children whose parent, legal guardian, or primary caregiver is detained as the result of an immigration enforcement action.

At all detention facilities operated by, or under agreement with, the Department, the Secretary shall—

(1) ensure that individuals who are detained by reason of their immigration status may receive the screenings and interviews described in section 263(b)(1) not later than 6 hours after their arrival at the detention facility;

(2) ensure that individuals who are detained by reason of their immigration status and are believed to be parents, legal guardians, or primary caregivers of children in the United States are—

(A) permitted daily phone calls and regular contact visits with their children or wards;

(B) able to participate fully, and to the extent possible in-person, in all family court proceedings and any other proceeding impacting upon custody of their children or wards;

(C) able to fully comply with all family court or child welfare agency orders impacting upon custody of their children or wards;

(D) provided with contact information for family courts in all 50 States, the District of Columbia, all United States territories, counties, and local jurisdictions;

(E) granted free and confidential telephone calls to child welfare agencies and family courts;

(F) granted free and confidential telephone calls and confidential in-person visits with attorneys, legal representatives, and consular officials;

(G) provided United States passport applications for the purpose of obtaining travel documents for their children or wards;

(H) granted adequate time before removal to obtain passports and other necessary travel documents on behalf of their children or wards if such children or wards will accompany them on their return to their country of origin or join them in their country of origin; and

(I) provided with the access necessary to obtain birth records or other documents required to obtain passports for their children or wards; and

(3) facilitate the ability of detained parents, legal guardians, and primary caregivers to share information regarding travel arrangements with their children or wards, child welfare agencies, or other caregivers well in advance of the detained individual's departure from the United States.

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

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

The Secretary shall establish secure alternatives programs to ensure public safety and appearances at immigration proceedings. The Secretary may use secure alternatives programs to maintain custody over any alien detained under the Immigration and Nationality Act, except aliens detained under section 236A of such Act (8 U.S.C. 1226a). If an individual is not eligible for release from custody, the Secretary shall consider the alien for placement in secure alternatives that maintain custody over the alien, including the use of electronic ankle devices.

The Secretary shall contract with nongovernmental organizations to conduct screening of detainees, provide appearance assistance services, and operate community-based supervision programs.

When deciding whether to use custodial secure alternatives, the Secretary shall make an individualized determination and review each case on a monthly basis.

The Secretary shall ensure that all persons detained pursuant to the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) are treated humanely and granted the protections set forth in this section by complying and enforcing the minimum requirements under this subsection.

Each detainee has the right to prompt and adequate medical care, designed to ensure continuity of care, at no cost to the detainee, including care to address medical needs that existed before the detainee was placed in detention, primary care, emergency care, chronic care, reproductive health care, prenatal care, dental care, eye care, mental health care, medical dietary needs, and other medically necessary specialized care. The Secretary shall discontinue the use of any short term facility or detention facility that fails to maintain accreditation for more than 1 year.

Each detainee shall receive, from a licensed health care professional—

(i) a comprehensive medical, dental, and mental health intake screening upon arrival at the detention facility; and

(ii) a comprehensive medical and mental health examination not later than 14 days after arrival.

Each detainee taking prescribed medications prior to detention shall be allowed to continue taking such medications, on schedule and without interruption, until and unless a licensed health care professional examines the immigration detainee and decides upon an alternative course of treatment. Detainees who arrive at a detention facility with prescription medications shall be permitted to continue taking their medications, on schedule and without interruption, until such time as a qualified health care professional examines the detainee and decides upon an alternative course of treatment. Detainees who arrive at a detention facility without prescription medications but who report being on such medications shall be evaluated by a qualified health care professional as soon as possible, but not later than 24 hours after arrival. All decisions to discontinue or modify a detainee’s reported prescription medication regimen shall be conveyed to the detainee in a language that the detainee understands and shall be recorded in writing in the detainee’s medical records.

Involuntary psychotropic medication may be used only if allowed by applicable law and then only in emergency situations when a physician has determined, after personally examining the patient, that a detainee is imminently dangerous to self or others due to a mental illness and that involuntary psychotropic medication is medically appropriate to treat the mental illness and necessary to prevent harm. Medication shall not be forcibly administered to a detainee to facilitate transport, removal or otherwise to control the detainee’s behavior.

Each detainee shall be provided access to medically necessary treatment, including, for female detainees, prenatal care, prenatal vitamins, and hormonal therapies, such as birth control, and adequate access to sanitary products.

Any decision regarding requested medical care for a detainee—

(i) shall be made in writing by an on-site licensed health care professional within 72 hours; and

(ii) shall be communicated to the detainee without delay.

Detention facilities, in conjunction with the Department, shall provide for an administrative process for handling appeals of denials of medical or mental health treatment or care. Detention facilities, in conjunction with the Department, shall ensure that detainees, medical providers, and legally-appointed advocates have the opportunity to appeal a denial of requested health care services by an on-site provider to an independent appeals board. The appeals board shall include health care professionals in the fields relevant to the request for medical or mental health care. Any such appeal shall be resolved in writing within 7 days by the appeals board or earlier if medically necessary.

The Secretary shall respond within 72 hours to any request by an on-site medical provider for authorization to provide medical or mental health care to an immigration detainee. In each case in which the Secretary denies or fails to grant such a request by the onsite medical provider, a written explanation of the reasons for the decision shall be conveyed without delay to the on-site medical provider and the immigration detainee. The on-site medical provider and immigration detainee (or legally appointed advocate) shall be permitted to appeal the denial of or failure to grant the requested health care service. Such appeal shall be resolved in writing within 7 days by an impartial appeals board or earlier if medically necessary and communicated without delay to the on-site medical provider and the immigration detainee.

Any detainee deemed by a licensed health care professional to have a medical or mental health care condition shall be considered for release on parole, on bond, or into a secure alternatives program, with periodic reevaluations for such detainees not initially released. Upon removal or release, all detainees with medical or mental health conditions and women who are pregnant, post-natal, and nursing mothers shall receive discharge planning to ensure continuity of care for a reasonable period of time.

The Department shall maintain complete, confidential medical records for every detainee, which shall be made available within 72 hours upon request to a detainee or individuals authorized by the detainee. Immediately upon an immigration detainee's transfer from 1 detention facility to another, the immigration detainee's complete medical records, including any transfer summary, shall be provided to the receiving facility.

Absent exigent circumstances, such as a natural disaster or comparable emergency, the Secretary shall provide not less than 72 hours written notice to any detainee before such detainee is transferred to another detention facility. Not later than 24 hours after a transfer, the Secretary shall notify, by telephone and in writing, the detainee’s legal representative or other person designated by the detainee of the transfer.

Absent exigent circumstances, such as a natural disaster or comparable emergency, the Secretary may not transfer a detainee to another detention facility if such transfer would—

(i) impair an existing attorney-client relationship;

(ii) prejudice the rights of the detainee in any legal proceeding, including any Federal, State or administrative proceeding; or

(iii) negatively affect the detainee’s health, including by interrupting the continuity of medical care or provision of prescription medication.

The Secretary shall ensure the safe transport and deportation of each individual detained under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), including the appropriate use of safety harnesses and occupancy limitations of vehicles.

The Secretary shall ensure that detainees at detention facilities are provided with reasonable access to telephones not later than 6 hours after the commencement of their detention. Such access shall include not fewer than 1 working phone for every 25 detainees.

Each detainee has the right to contact, free of charge through confidential toll-free numbers—

(i) legal representatives;