,i #aacth ,,congress #ast ,session ,h4 ,r4 #cafc ,,in ,,the ,,house ,,of ,,representatives ,september #bj1 #bjac ,mr4 ,grijalva 7for himself1 ,mr4 ,vela1 and ,mr4 ,gene ,green of ,texas7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committees on ,homeland ,security1 ,armed ,services1 ,foreign ,affairs1 ,natural ,resources1 ,ways and ,means1 ,education and the ,workforce1 ,oversight and ,government ,reform1 and ,house ,administration1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to provide for comprehensive immigration reform1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,comprehensive ,immigration ,reform for ,america's ,security and ,prosperity ,act of #bjac1 the ,comprehensive ,immigration ,reform ,,asap ,act of #bjac1 or as the ,,cir ,,asap ,act of #bjac4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,findings4 ,sec4 #c4 ,reference to the ,immigration and ,nationality ,act4 ,sec4 #d4 ,definitions4 ,sec4 #e4 ,severability4 ,title ,i--,border ,security and ,enforcement ,sec4 #aja4 ,sense of ,congress4 ,subtitle ,a--,border ,security ,sec4 #aaa4 ,national ,strategy for ,border ,security4 ,sec4 #aab4 ,increase in number of ,customs and ,border ,protection ,officers4 ,sec4 #aac4 ,improving ports of entry for border security and other purposes4 ,sec4 #aad4 ,inventory of personnel4 ,sec4 #aae4 ,standards of professional conduct4 ,sec4 #aaf4 ,inventory of assets4 ,sec4 #aag4 ,customs border patrol and border protection assets4 ,sec4 #aah4 ,technological assets4 ,sec4 #aai4 ,secure communication4 ,sec4 #abj4 ,surveillance plan4 ,sec4 #aba4 ,surveillance technologies programs4 ,sec4 #abb4 ,border security searches of electronic devices4 ,sec4 #abc4 ,border relief grant program4 ,sec4 #abd4 ,northern and ,southern border drug prosecution initiative4 ,sec4 #abe4 ,operation ,streamline prosecution initiative4 ,sec4 #abf4 ,project ,gunrunner4 ,sec4 #abg4 ,operation ,armas ,cruzadas4 ,sec4 #abh4 ,combating human smuggling4 ,sec4 #abi4 ,report on deaths and strategy study4 ,sec4 #acj4 ,united ,states-,mexico ,border ,enforcement ,commission4 ,sec4 #aca4 ,prohibition on military involvement in nonemergency border enforcement4 ,sec4 #acb4 ,definitions4 ,sec4 #acc4 ,border protection strategy4 ,sec4 #acd4 ,actions to further secure operational control of the international land borders of the ,united ,states4 ,sec4 #ace4 ,borderlands monitoring and mitigation4 ,sec4 #acf4 ,border ,communities ,liaison ,office4 ,sec4 #acg4 ,office of ,civil ,rights and ,civil ,liberties and ,office of ,inspector ,general4 ,sec4 #ach4 ,improving ports of entry for border security and other purposes4 ,sec4 #aci4 ,ports of entry4 ,sec4 #adj4 ,ports of entry infrastructure and operations assessment study4 ,sec4 #ada4 ,national ,land ,border ,ports of ,entry ,security ,plan4 ,sec4 #adb4 ,ports of entry technology demonstration program4 ,sec4 #adc4 ,reports on improving the exchange of information on ,north ,american security4 ,sec4 #add4 ,southern ,border ,security ,task ,force4 ,sec4 #ade4 ,cooperation with the ,government of ,mexico4 ,sec4 #adf4 ,enhanced international cooperation4 ,sec4 #adg4 ,expansion of commerce security programs4 ,sec4 #adh4 ,authorization of appropriations4 ,subtitle ,b--,detention ,sec4 #aea4 ,definitions4 ,sec4 #aeb4 ,detention conditions4 ,sec4 #aec4 ,specific detention requirements for short-term detention facilities4 ,sec4 #aed4 ,rulemaking and enforcement4 ,sec4 #aee4 ,immigration ,detention ,commission4 ,sec4 #aef4 ,death in custody reporting requirement4 ,sec4 #aeg4 ,protection of community-based organizations1 faith-based organizations and other institutions4 ,sec4 #aeh4 ,apprehension procedures for immigration-related enforcement activities4 ,sec4 #aei4 ,protections against unlawful detentions of ,united ,states citizens4 ,sec4 #afj4 ,basic protections for vulnerable populations4 ,sec4 #afa4 ,report on protections for vulnerable populations impacted by immigration enforcement activities4 ,sec4 #afb4 ,family ,detention and ,unity ,protections4 ,sec4 #afc4 ,apprehension procedures for families and parents4 ,sec4 #afd4 ,child welfare services for children separated from parents detained or removed from the ,united ,states for immigration violations4 ,sec4 #afe4 ,vulnerable population and child welfare training for immigration enforcement officers4 ,sec4 #aff4 ,access for parents1 legal guardians1 and1 primary caregiver relatives4 ,sec4 #afg4 ,enhanced protections for vulnerable unaccompanied alien children and female detainees4 ,sec4 #afh4 ,preventing unnecessary detention of refugees4 ,sec4 #afi4 ,reports on protections from unlawful detention4 ,sec4 #agj4 ,rulemaking4 ,subtitle ,c--,enforcement ,sec4 #aha4 ,labor enforcement4 ,sec4 #ahb4 ,mandatory address reporting requirements4 ,sec4 #ahc4 ,preemption of ,state and local law4 ,sec4 #ahd4 ,delegation of immigration authority4 ,sec4 #ahe4 ,immigration and ,customs ,enforcement ,ombudsman4 ,sec4 #ahf4 ,eliminating arbitrary bar to asylum4 ,sec4 #ahg4 ,restoration of judicial review4 ,title ,,ii--,employment ,verification ,sec4 #bja4 ,employment verification4 ,sec4 #bjb4 ,parity with ,civil ,rights ,act of #aifd4 ,sec4 #bjc4 ,amendments to the ,social ,security ,act4 ,title ,,iii--,visa ,reforms ,sec4 #cja4 ,elimination of existing backlogs4 ,sec4 #cjb4 ,reclassification of spouses and minor children of legal permanent residents as immediate relatives4 ,sec4 #cjc4 ,country limits4 ,sec4 #cjd4 ,promoting family unity4 ,sec4 #cje4 ,surviving relatives4 ,sec4 #cjf4 ,extension of waiver authority4 ,sec4 #cjg4 ,discretionary waiver for long-term lawful permanent residents4 ,sec4 #cjh4 ,continuous presence4 ,sec4 #cji4 ,bar on the removal of certain refugees1 parolees or asylees4 ,sec4 #caj4 ,exemption from immigrant visa limit for certain veterans who are natives of ,philippines4 ,sec4 #caa4 ,fiance or fianc child status protection4 ,sec4 #cab4 ,equal treatment for all stepchildren4 ,sec4 #cac4 ,sons and daughters of ,filipino ,world ,war ,,ii veterans4 ,sec4 #cad4 ,determinations under the ,haitian ,refugee ,immigration ,fairness ,act of #aiih4 ,sec4 #cae4 ,discretionary authority4 ,sec4 #caf4 ,affidavit of support4 ,sec4 #cag4 ,visa to prevent unauthorized migration4 ,sec4 #cah4 ,adjustment of status4 ,sec4 #cai4 ,rulemaking4 ,sec4 #cbj4 ,united ,states-educated immigrants4 ,sec4 #cba4 ,retaining workers subject to green card backlog4 ,sec4 #cbb4 ,return of talent program4 ,title ,,iv--,earned ,legalization of ,undocumented ,individuals ,subtitle ,a--,conditional ,nonimmigrants ,sec4 #dja4 ,conditional nonimmigrants4 ,sec4 #djb4 ,adjustment of status for conditional nonimmigrants4 ,sec4 #djc4 ,administrative and judicial review4 ,sec4 #djd4 ,mandatory disclosure of information4 ,sec4 #dje4 ,penalties for false statements in applications4 ,sec4 #djf4 ,aliens not subject to direct numerical limitations4 ,sec4 #djg4 ,employer protections4 ,sec4 #djh4 ,limitations on eligibility4 ,sec4 #dji4 ,rulemaking4 ,sec4 #daj4 ,correction of ,social ,security records4 ,sec4 #daa4 ,restoration of ,state option to determine residency for purposes of higher education benefits4 ,sec4 #dab4 ,authorization of appropriations4 ,subtitle ,b--,agricultural ,job ,opportunities1 ,benefits1 and ,security ,chapter #a--,title and ,definitions ,sec4 #dba4 ,short title4 ,sec4 #dbb4 ,definitions4 ,chapter #b--,pilot ,program for ,earned ,status ,adjustment of ,agricultural ,workers ,subchapter ,a--,blue card status ,sec4 #dca4 ,requirements for blue card status4 ,sec4 #dcb4 ,treatment of aliens granted blue card status4 ,sec4 #dcc4 ,adjustment to permanent residence4 ,sec4 #dcd4 ,applications4 ,sec4 #dce4 ,waiver of numerical limitations and certain grounds for inadmissibility4 ,sec4 #dcf4 ,administrative and judicial review4 ,sec4 #dcg4 ,use of information4 ,sec4 #dch4 ,regulations1 effective date1 authorization of appropriations4 ,subchapter ,b--,correction of ,social ,security ,records ,sec4 #dda4 ,correction of ,social ,security records4 ,chapter #c--,reform of ,h-#b;,a worker program ,sec4 #dea4 ,amendments to the ,immigration and ,nationality ,act4 ,chapter #d--,miscellaneous provisions ,sec4 #dfa4 ,determination and use of user fees4 ,sec4 #dfb4 ,regulations4 ,sec4 #dfc4 ,reports to ,congress4 ,sec4 #dfd4 ,effective date4 ,title ,v--,strengthening the ,u4,s4 ,economy and ,workforce ,subtitle ,a--,immigration and ,labor ,chapter #a--;,immigration and labor markets ,sec4 #eja4 ,commission on ,immigration and ,labor ,markets4 ,sec4 #ejb4 ,security and prosperity account4 ,sec4 #ejc4 ,american recruit and match system4 ,chapter #b--,protection of workers recruited abroad ,sec4 #eaa4 ,protections for workers recruited abroad4 ,sec4 #eab4 ,enforcement provisions4 ,sec4 #eac4 ,procedures in addition to other rights of employees4 ,sec4 #ead4 ,authority to prescribe regulations4 ,sec4 #eae4 ,definitions4 ,chapter #c--,technical correction ,sec4 #eba4 ,technical correction4 ,subtitle ,b--,reforms of certain classes of employment-,based visas ,chapter #a--;,h-#a;,b visa fraud and abuse protections ,subchapter ,a--,h-#a;,b ,employer ,application ,requirements ,sec4 #eca4 ,modification of application requirements4 ,sec4 #ecb4 ,new application requirements4 ,sec4 #ecc4 ,application review requirements4 ,subchapter ,b--,investigation and ,disposition of ,complaints against ,h-#a;,b ,sec4 #eda4 ,general modification of procedures for investigation and disposition4 ,sec4 #edb4 ,investigation1 working conditions1 and penalties4 ,sec4 #edc4 ,waiver requirements4 ,sec4 #edd4 ,initiation of investigations4 ,sec4 #ede4 ,information sharing4 ,sec4 #edf4 ,conforming amendment4 ,subchapter ,c--,other ,h-#a;,b provisions ,sec4 #eea4 ,posting available ,h-#a;,b positions through the ,department of ,labor4 ,sec4 #eeb4 ,h-#a;,b government authority and requirements4 ,sec4 #eec4 ,additional ,department of ,labor employees4 ,chapter #b--,l-#a nonimmigrants ,sec4 #efa4 ,prohibition on outplacement of ,l-#a nonimmigrants4 ,sec4 #efb4 ,l-#a employer petition requirements for employment at new offices4 ,sec4 #efc4 ,cooperation with ,secretary of ,state4 ,sec4 #efd4 ,investigation and disposition of complaints against ,l-#a employers4 ,sec4 #efe4 ,wage rate and working conditions for ,l-#a nonimmigrant4 ,sec4 #eff4 ,penalties4 ,sec4 #efg4 ,prohibition on retaliation against ,l-#a nonimmigrants4 ,sec4 #efh4 ,technical amendments4 ,sec4 #efi4 ,reports on ,l-#a nonimmigrants4 ,sec4 #egj4 ,application4 ,sec4 #ega4 ,report on ,l-#a blanket petition process4 ,sec4 #egb4 ,requirements for information for ,h-#a;,b and ,l-#a nonimmigrants4 ,chapter #c--,protection of ,h-#b;,b nonimmigrants ,sec4 #eha4 ,enforcement of ,federal labor laws relating to ,h-#b;,b nonagricultural guest workers4 ,sec4 #ehb4 ,recruitment of ,united ,states workers4 ,sec4 #ehc4 ,prevailing wages for ,united ,states workers and ,h-#b;,b workers4 ,sec4 #ehd4 ,certification requirement4 ,sec4 #ehe4 ,protections for workers4 ,sec4 #ehf4 ,petitions by employers that have signed labor agreements with unions that operate hiring halls4 ,sec4 #ehg4 ,h-#b;,b nonimmigrant labor certification application fees4 ,chapter #d--;,adjustments to the ,,eb-#e visa program ,sec4 #eia4 ,permanent reauthorization of ,,eb-#e regional center program2 application fee4 ,sec4 #eib4 ,premium processing fee for ,,eb-#e immigrant investors4 ,sec4 #eic4 ,concurrent filing of ,,eb-#e petitions and applications for adjustment of status4 ,sec4 #eid4 ,improved set-aside for targeted employment areas4 ,sec4 #eie4 ,set-aside of visas for regional center program4 ,sec4 #eif4 ,extension4 ,sec4 #eig4 ,study4 ,sec4 #eih4 ,full-time equivalents4 ,sec4 #eii4 ,eligibility for adjustment of status4 ,sec4 #eii;,a4 ,expansion of ,,eb-#e eligibility to include qualified immigrants who complete investment agreements4 ,chapter #e--;,effective date ,sec4 #eii;,b4 ,application4 ,title ,,vi--,integration of ,new ,americans ,subtitle ,a--,citizenship ,promotion ,sec4 #fja4 ,immigration service fees4 ,sec4 #fjb4 ,administration of tests for naturalization2 fulfillment by elderly persons of requirement for naturalization relating to knowledge of ,english language4 ,sec4 #fjc4 ,voluntary electronic filing of applications4 ,sec4 #fjd4 ,timely background checks4 ,sec4 #fje4 ,national citizenship promotion program4 ,sec4 #fjf4 ,effective date4 ,subtitle ,b--,miscellaneous ,sec4 #faa4 ,grants to support public education and community training4 ,sec4 #fab4 ,grant program to assist applicants for naturalization4 ,sec4 #fac4 ,naturalization for certain ,u4,s4 high school graduates4 ,sec4 #fad4 ,family integration4 ,sec4 #fae4 ,consideration for domestic resettlement of refugees4 ,sec4 #faf4 ,credits for teachers of ,english language learners4 ,sec4 #fag4 ,credits for employer-provided adult ,english literacy and basic education programs4 ,sec4 #fah4 ,grants to ,states to form ,new ,american ,councils4 ,sec4 #fai4 ,independence ,day ceremonies for oaths of allegiance4 #b4 ,findings ,congress makes the following findings3 7#a7 ,federal immigration laws must uphold ,america's long history of being a ,nation of immigrants from every continent in the world1 and reaffirm our ,nation's commitment to strong and united families1 civil rights1 economic opportunity and diversity4 7#b7 ,the ,government of the ,united ,states should reduce the deficit by ensuring that all individuals and employers pay their fair share of taxes and contribute equally to the prosperity of our great ,nation4 7#c7 ,the ,government of the ,united ,states has an obligation to ensure the labor rights of all workers in our country1 and end the driving down of wages and workplace standards that exists today due to our broken immigration system4 ,unscrupulous employers should not be able to profit off of the backs of a workforce with no voice in the workplace or civic society4 7#d7 ,the ,government of the ,united ,states also has an obligation to ensure the growth and vitality of honest ,american businesses that are playing by the rules and fueling our economic recovery4 7#e7 ,the labor and immigration policies of the ,united ,states ,government should be modernized to reflect the current needs of ,american workers and the ,american economy4 7#f7 ,the ,government of the ,united ,states cannot effectively carry out its national security policies unless it requires undocumented immigrants to come forward and participate fully in our communities and legally in the economy of the ,united ,states1 so that enforcement efforts are concentrated on the truly bad actors4 7#g7 ,elimination of ,america's immigrant workforce is not an effective or honest solution to ,americas economic crisis4 ,we need a solution that levels the playing field and promotes equal rights for all4 7#h7 ,dividing ,american families in not a moral or just solution to the broken immigration system4 ,we need policies that treat all families equally and keep them together1 to support each other and build strong communities4 7#i7 ,flawed immigration laws and persistent unequal administration of justice at the local level1 based on race or national origin1 has undermined effective community policing by discouraging the reporting of crime and cooperation with prosecutors in immigrant communities1 due to well-founded fears of immigration enforcement action against them4 ,this puts entire communities at risk and undermines public safety for all4 7#aj7 ,the ,government of the ,united ,states should ensure that racial profiling and unequal administration of the law based on race or national origin is not permitted by any agency of ,federal1 ,state or local government bodies4 7#aa7 ,our ,government should ensure that our ,nation's borders are secure by investing in effective strategies1 eliminating the millions of dollars currently being allocated to ineffective ones1 and by requiring consultation with ,state and local communities on both the northern and southern borders before implementing new border enforcement strategies4 7#ab7 ,foreign governments1 particularly those that share an international border with the ,united ,states1 must play a critical role in securing international borders and deterring illegal entry of foreign nationals into the ,united ,states4 7#ac7 ,the ,government of the ,united ,states has an obligation to reaffirm its commitment to effective immigrant integration by supporting the teaching and promoting the learning of ,english4 7#ad7 ,comprehensive immigration reform and strong enforcement of immigration laws will encourage legal immigration1 deter illegal immigration1 and promote the economic and national security interests of the ,united ,states4 #c4 ,reference to the ,immigration and ,nationality ,act ,except as otherwise expressly provided1 whenever in this ,act an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 #d4 ,definitions ,in this ,act3 7#a7 ,department ,except as otherwise provided1 the term ,department means the ,department of ,homeland ,security4 7#b7 ,secretary ,except as otherwise provided1 the term ,secretary means the ,secretary of ,homeland ,security4 #e4 ,severability ,if any provision of this ,act1 any amendment made by this ,act1 or the application of such provision or amendment to any person or circumstance is held to be invalid for any reason1 the remainder of this ,act1 the amendments made by this ,act1 and the application of the provisions of such to any other person or circumstance shall not be affected by such holding4 ,i ,border ,security and ,enforcement #aja4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the ,secretary of ,homeland ,security should establish a national strategic plan for short-term and long-term border security with improved accountability and transparency in agency functions2 7#b7 the ,secretary's border security priorities must support and strengthen the significant advances in operational control of the border2 7#c7 the ,secretary must secure our ,nation's ports of entry and facilitate the flow of commerce and travel2 7#d7 the ports of entry to the ,united ,states require additional assets1 personnel1 infrastructure and improvements in technology2 7#e7 although ,states along the ,southern and ,northern borders play a unique role in supporting the ,federal ,government1 border security and enforcement of the immigration laws are the responsibility of the ,federal ,government2 7#f7 combating human smuggling1 arms trafficking and drug trafficking are essential to border security2 7#g7 protecting the economic and civic vitality of the border region is central to border security2 and 7#h7 effective border security depends on sustained international cooperation4 ,a ,border ,security #aaa4 ,national ,strategy for ,border ,security 7a7 ,requirement for strategy ,the ,secretary1 in consultation with the heads of other appropriate ,federal agencies1 shall develop a ,national ,strategy for ,border ,security that describes actions to be carried out to maintain operational control over all ports of entry into the ,united ,states and the international land and maritime borders of the ,united ,states4 7b7 ,content ,the ,national ,strategy for ,border ,security shall include the following3 7#a7 ,an assessment of the threat posed by terrorists and terrorist groups that may try to infiltrate the ,united ,states at locations along the international land and maritime borders of the ,united ,states4 7#b7 ,a risk assessment for all ,united ,states ports of entry and all portions of the international land and maritime borders of the ,united ,states that includes a description of activities being undertaken-- 7,a7 to prevent the entry of terrorists1 unlawful aliens1 instruments of terrorism1 narcotics1 and other contraband into the ,united ,states2 and 7,b7 to protect critical infrastructure at or near such ports of entry or borders4 7#c7 ,an assessment of the most appropriate1 practical1 and cost-effective means of defending the international land and maritime borders of the ,united ,states against threats to security and illegal transit1 including intelligence capacities1 technology1 equipment1 personnel1 and training needed to address security vulnerabilities to include-- 7,a7 a comprehensive assessment of risks in terms of cost1 probability1 and threats to society and risk prevention and response measures currently taken and potentially taken relative to that assessment of risks2 7,b7 prevention efforts and response measures to address such risks1 whether already underway or planned2 and 7,c7 recommendations on realignment of programs1 locations1 and resources to best address the comprehensive assessment of risks4 7#d7 ,an assessment of staffing needs for all border security functions1 taking into account threat and vulnerability information pertaining to the borders and the impact of new security programs1 policies1 and technologies4 7#e7 ,a description of the border security roles and missions of ,federal1 ,state1 regional1 local1 and tribal authorities1 and recommendations regarding actions the ,secretary can carry out to improve coordination with such authorities to enable border security and enforcement activities to be carried out in a more efficient and effective manner4 7#f7 ,an assessment of existing programs1 activities and technologies used for border security and the effect of the use of such efforts and technologies on civil rights1 family unity1 private property rights1 privacy rights1 and civil liberties1 including an assessment of efforts to take into account asylum seekers1 trafficking victims1 unaccompanied minor aliens1 and other vulnerable populations4 7#g7 ,a prioritized list of research and development objectives to enhance the security of the international land and maritime borders of the ,united ,states4 7#h7 ,a description of ways to ensure that the free flow of legitimate travel and commerce is not diminished by efforts1 activities1 and programs aimed at securing the international land and maritime borders of the ,united ,states4 7#i7 ,a description of the performance metrics to be used to ensure accountability by the bureaus of the ,department in implementing such ,strategy4 7#aj7 ,a schedule for the implementation of the security measures described in such ,strategy1 including a prioritization of security measures1 realistic deadlines for addressing the security and enforcement needs1 an estimate of the resources needed to carry out such measures1 and a description of how such resources should be allocated4 7c7 ,consultation ,in developing the ,national ,strategy for ,border ,security1 the ,secretary shall consult with representatives of-- 7#a7 ,state1 local1 and tribal authorities with responsibility for locations along the international land and maritime borders of the ,united ,states2 and 7#b7 appropriate private sector entities1 nongovernmental organizations1 and affected communities that have expertise in areas related to border management4 7d7 ,coordination ,the ,national ,strategy for ,border ,security shall be consistent with the ,national ,strategy for ,maritime ,security developed pursuant to ,homeland ,security ,presidential ,directive #ac1 dated ,december #ba1 #bjjd4 7e7 ,submission to ,congress 7#a7 ,strategy ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to ,congress the ,national ,strategy for ,border ,security4 7#b7 ,updates ,the ,secretary shall submit to ,congress any change of such ,strategy that the ,secretary determines is necessary1 not later than #cj days after such determination4 7f7 ,immediate action ,nothing in this section may be construed to relieve the ,secretary of the responsibility to take all actions necessary and appropriate to maintain and enhance operational control of the international land and maritime borders of the ,united ,states4 #aab4 ,increase in number of ,customs and ,border ,protection ,officers 7a7 ,customs and ,border ,protection ,officers ,during the #e-year period between fiscal years #bjad and #bjah1 the ,secretary of ,homeland ,security shall1 subject to the availability of appropriations for such purpose1 increase by not fewer than #e1jjj the total number of full-time1 active-duty ,customs and ,border ,protection ,officers within ,united ,states ,customs and ,border ,protection for posting at ,united ,states ports of entry above the number of such officers for which funds were made available during fiscal year #bjac4 7b7 ,agriculture specialists ,during the #e-year period between fiscal years #bjad and #bjah1 the ,secretary of ,homeland ,security shall1 subject to the availability of appropriations for such border security purposes1 increase by not fewer than a total of #a1bjj the number of full-time ,customs and ,border ,protection agriculture specialists for ,united ,states ports of entry above the number of such support personnel for which funds were made available during fiscal year #bjac4 7c7 ,border security support personnel ,during the #e-year period between fiscal years #bjad and #bjah1 the ,secretary of ,homeland ,security shall1 subject to the availability of appropriations for such purpose1 increase by not fewer than a total of #cej the number of full-time border security support personnel for ,united ,states ports of entry above the number of such support personnel for which funds were made available during fiscal year #bjac4 #aac4 ,improving ports of entry for border security and other purposes 7a7 ,in general ,there are authorized to be appropriated to the ,administrator of the ,general ,services ,administration #a1jjj1jjj1jjj for each of fiscal years #bjad through #bjah to make improvements to existing ports of entry in the ,united ,states to improve border security and for other purposes4 7b7 ,priority ,in making improvements described in subsection 7a71 the ,administrator of the ,general ,services ,administration1 in coordination with the ,commissioner of ,customs and ,border ,protection1 shall give priority to the ports of entry that the ,administrator determines are in most need of repair to improve border security and for other purposes in accordance with port of entry infrastructure assessment studies required in section #fjc of title ,,vi1 division ,e1 of the ,consolidated ,appropriations ,act of #bjjh 7,public ,law #aja-afa74 #aad4 ,inventory of personnel 7a7 ,inventory ,the ,secretary shall identify and inventory the current personnel or other human resources dedicated to border security and enforcement prior to any increase in personnel or other human resources4 7b7 ,report ,the ,secretary shall submit the inventory required in subsection 7a7 to the following congressional committees1 #ij days after the enactment of this ,act-- 7#a7 the ,committee on ,homeland ,security and ,governmental ,affairs and the ,committee on the ,judiciary of the ,senate2 7#b7 the ,committee on ,homeland ,security and the ,committee on the ,judiciary of the ,house of ,representatives2 and 7#c7 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives4 #aae4 ,standards of professional conduct 7a7 ,establishment of standards ,not more than #ij days after the date of enactment of this ,act1 the ,secretary of ,homeland ,security shall establish clear standards of professional conduct for interaction with the public1 for all ,customs and ,border ,protection agents1 ,u4,s4 ,border ,patrol agents1 ,immigration and ,customs ,enforcement agents1 and ,agricultural ,inspectors stationed within #ajj miles of all land and marine borders and at ports of entry4 7b7 ,purpose ,these standards of professional conduct will provide agents with a better understanding of the prohibitions and limitations pertaining to their conduct and activities while representing the ,department of ,homeland ,security4 ,these standards are intended to-- 7#a7 alert agents to some of the more sensitive and often problematic matters involved in agent conduct2 7#b7 specify1 where possible1 actions and inactions that are contrary to and that conflict with the duties and responsibilities of ,department of ,homeland security agents2 and 7#c7 guide agents in conducting themselves in a manner that reflects standards of deportment and professionalism4 7c7 ,standards ,department of ,homeland ,security agents stationed within #ajj miles of all land and marine borders and at ports of entry-- 7#a7 shall not violate any law or any agency policy1 rule1 or procedure2 7#b7 shall obey all lawful orders2 7#c7 shall not engage in any conduct or activities on- or off-duty that reflect discredit on the agents1 tend to bring the agency into disrepute1 or impair its efficient and effective operation2 7#d7 shall conduct themselves toward the public in a civil and professional manner that connotes a service orientation and that will foster public respect and cooperation2 7#e7 shall treat violators1 or perceived violators1 with respect and courtesy1 guard against employing an officious or overbearing attitude or language that may belittle1 ridicule1 or intimidate the individual1 or act in a manner that unnecessarily delays the performance of their duty2 7#f7 while recognizing the need to demonstrate authority and control over suspects and detainees1 agents shall adhere to this agency's use-of-force policy and shall observe the civil rights and protect the well-being of those in their charge2 and 7#g7 shall not use their agency powers to resolve personal grievances 7e4g41 those involving the officer1 family members1 relatives1 or friends7 with individuals4 ,in cases where there is personal involvement with a member of the public that would reasonably require law enforcement intervention1 agents shall summon other on-duty personnel and a supervisor4 7d7 ,oversight and evaluation ,the ,department of ,homeland ,security shall develop and implement a plan that applies the aforementioned standards in officer evaluation and supervisor evaluation4 ,this plan shall include the following provisions to ensure responsibility and protect civil rights3 7#a7 ,adherence to the standards of professional conduct shall be a central criterion in the change from probationary to journeyman status1 as well as periodic evaluations and promotions of officers4 7#b7 ,managers and senior officers will be held responsible for-- 7,a7 performance according to these standards2 7,b7 assessments of subordinates according to these standards2 and 7,c7 performance of their subordinates on these standards1 with meaningful penalties to supervisors for failures of subordinates to adhere to such standards4 7#c7 ,the ,department shall establish strong penalties for failures to follow the standards of professional conduct that were unaddressed until exposed by complaint processes or ,inspector ,general investigations4 ,however1 organizational peers and superiors who uncover and act on failures or abuses shall be exempt from such penalties4 7#d7 ,agents should not be indemnified when it is determined that a violation of civil rights standards occurred4 7e7 ,exception ,the standards of conduct set forth in this section are not intended to serve as an exhaustive treatment of requirements1 limitations1 or prohibitions on agent conduct and activities established by the ,secretary of ,homeland ,security4 7f7 ,notice ,the standards of conduct established under this section shall be posted at all ports of entry in locations easily viewed by members of the public4 7g7 ,complaints ,not more than #ahj days after enactment1 the ,secretary shall1 in consultation with the ,office of ,civil ,rights and ,civil ,liberties1 establish a uniform and standardized process for the public regarding complaints against all ,customs and ,border ,protection agents1 ,u4,s4 ,border ,patrol agents1 and ,agricultural ,inspectors for violations of standards of professional conduct4 ,the complaint process shall-- 7#a7 quickly review1 effectively investigate1 meaningfully resolve complaints and identify patterns of abuse or malfeasance and be accessible1 transparent1 consistent1 effective1 and fair2 7#b7 apply uniformly to all ,border ,patrol ,sectors and ,ports of ,entry2 7#c7 specify to whom1 how1 and where complaints are to be filed2 7#d7 be visible to the public at all ports of entry and interior checkpoints1 and be accessible in multiple languages2 7#e7 receive staff and funding commensurate with the quantity of complaints submitted and with the funding disbursed to ,department enforcement initiatives2 7#f7 establish a publicly accessible national1 standardized database capable of tracking and analyzing complaints and their resolution2 and 7#g7 provide publicly accessible records1 with copies of complaints and their resolutions permanently preserved and available for inspection1 while maintaining the confidentiality of complainants' identities4 7h7 ,complainants ,the following shall apply to all complainants3 7#a7 ,any interested party may file a complaint through the complaint procedure1 including a legal representative4 7#b7 ,complainants shall be protected from retaliatory action by law enforcement4 7#c7 ,no officer of the ,u4,s4 may use the information from a complaint to initiate removal proceedings or removals against any person filing a complaint or identified in the complaint1 nor remove any individual involved in a complaint while the complaint is pending4 7#d7 ,there shall be no publication of information to related to an individual involved in a complaint which would result in identification of the individual4 7#e7 ,complainants shall receive full assistance from the ,department in filing complaints1 including language assistance1 accommodations for disabilities1 and accurate and complete responses to their questions4 7i7 ,reporting ,the ,secretary shall report annually to the following ,congressional ,committees on the number and type of complaints received in each sector1 demographic of complainants1 results of investigations including violations of standards and any disciplinary actions taken1 and identifying any complaint patterns that could be prevented or reduced by policy or practice changes-- 7#a7 the ,committee on ,homeland ,security and ,governmental ,affairs and the ,committee on the ,judiciary of the ,senate2 7#b7 the ,committee on ,homeland ,security and the ,committee on the ,judiciary of the ,house of ,representatives2 and 7#c7 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives4 #aaf4 ,inventory of assets 7a7 ,inventory ,the ,secretary shall identify and inventory the current assets1 equipment1 supplies1 or other physical resources dedicated to border security and enforcement prior to any increase in assets1 equipment1 supplies or other physical resources4 7b7 ,report ,the ,secretary shall submit the inventory required in subsection 7a7 to the following congressional committees1 #ij days from the enactment of this ,act-- 7#a7 the ,committee on ,homeland ,security and ,governmental ,affairs and the ,committee on the ,judiciary of the ,senate2 7#b7 the ,committee on ,homeland ,security and the ,committee on the ,judiciary of the ,house of ,representatives2 and 7#c7 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives4 #aag4 ,customs border patrol and border protection assets 7a7 ,personal equipment 7#a7 ,body armor ,the ,secretary shall ensure that every agent is issued high-quality body armor that is appropriate for the climate and risks faced by the agent4 ,each agent shall be permitted to select from among a variety of approved brands and styles4 ,agents shall be strongly encouraged1 but not required1 to wear such body armor whenever practicable4 ,all body armor shall be replaced not less often than once every five years4 7#b7 ,weapons ,the ,secretary shall ensure that agents are equipped with weapons that are reliable and effective to protect themselves1 their fellow agents1 and innocent third parties from the threats posed by armed criminals4 ,the ,secretary shall ensure that the policies of the ,department authorize all agents to carry weapons that are suited to the potential threats that they face4 7#c7 ,uniforms ,the ,secretary shall ensure that all agents are provided with all necessary uniform items1 including outerwear suited to the climate1 footwear1 belts1 holsters1 and personal protective equipment1 at no cost to such agents4 ,such items shall be replaced at no cost to such agents as such items become worn or unserviceable or no longer fit properly4 7b7 ,helicopters and power boats 7#a7 ,helicopters ,the ,secretary shall conduct a review of asset needs1 and if determined to be insufficient1 shall increase the number of helicopters under the control of the ,border ,patrol4 ,the ,secretary shall ensure that appropriate types of helicopters are procured for the various missions being performed4 7#b7 ,power boats ,the ,secretary shall conduct a review of asset needs and if determined to be insufficient1 shall increase the number of power boats under the control of the ,border ,patrol4 ,the ,secretary shall ensure that the types of power boats that are procured are appropriate for both the waterways in which they are used and the mission requirements4 7#c7 ,use and training ,the ,secretary shall-- 7,a7 establish an overall policy on how the helicopters and power boats procured under this subsection will be used2 and 7,b7 implement training programs for the agents who use such assets1 including safe operating procedures and rescue operations4 7c7 ,motor vehicles 7#a7 ,quantity ,the ,secretary shall conduct a review of asset needs and if determined to be insufficient1 establish a fleet of motor vehicles appropriate for use by the ,border ,patrol4 ,the ,secretary shall ensure that there are sufficient numbers and types of other motor vehicles to support the mission of the ,border ,patrol4 7#b7 ,features ,all motor vehicles purchased for the ,border ,patrol shall-- 7,a7 be appropriate for the mission of the ,border ,patrol2 and 7,b7 have a panic button and a global positioning system device that is activated solely in emergency situations to track the location of agents in distress4 7d7 ,electronic equipment 7#a7 ,portable computers ,the ,secretary shall ensure that each police-type motor vehicle in the fleet of the ,border ,patrol is equipped with a portable computer with access to all necessary law enforcement databases and otherwise suited to the unique operational requirements of the ,border ,patrol4 7#b7 ,radio equipment ,the ,secretary shall augment the existing radio communications system so that all law enforcement personnel working in each area where ,border ,patrol operations are conducted have clear and encrypted #b-way radio communication capabilities at all times4 ,each portable communications device shall be equipped with a panic button and a global positioning system device that is activated solely in emergency situations to track the location of agents in distress4 7#c7 ,handheld global positioning system devices ,the ,secretary shall ensure that each ,border ,patrol agent who is determined by the ,secretary to need a handheld global positioning device to effectively and safely carry out his or her duties is issued a state-of-the-art handheld global positioning system device for navigational purposes4 7#d7 ,night vision equipment ,the ,secretary shall ensure that sufficient quantities of state-of-the-art night vision equipment are procured and maintained to enable each ,border ,patrol agent working during the hours of darkness to be equipped with a portable night vision device4 7e7 ,appropriations ,there are authorized to be appropriated to the ,secretary such sums as may be necessary for each of fiscal years #bjae through #bjai to carry out this section4 #aah4 ,technological assets 7a7 ,increased availability of equipment ,the ,secretary and the ,secretary of ,defense shall analyze use of authorities provided to the ,secretary of ,defense under chapter #ah of title #aj1 ,united ,states ,code1 and whether to increase the availability and use of ,department of ,defense equipment1 including unmanned aerial vehicles1 tethered aerostat radars1 and other surveillance equipment1 to assist the ,secretary in carrying out surveillance activities conducted at or near the international land borders of the ,united ,states to deter criminal activity and terrorist threats4 7b7 ,report ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary and the ,secretary of ,defense shall submit to ,congress a report that contains 7#a7 an analysis of the current use of ,department of ,defense equipment to assist the ,secretary in carrying out surveillance of the international land borders of the ,united ,states and assessment of the risks to citizens of the ,united ,states and foreign policy interests associated with the use of such equipment2 7#b7 an analysis of projected future use of ,department of ,defense equipment to assist such surveillance activities1 including any increases2 7#c7 an analysis of the types of equipment and other support to be provided by the ,secretary of ,defense under such plan during the one-year period beginning on the date of the submission of the report2 7#d7 an analysis of costs and cost-effectiveness related to any increase in the availability and use of ,department of ,defense equipment2 and 7#e7 an analysis of projected schedules for implementation4 7c7 ,construction ,nothing in this section may be construed as altering or amending the prohibition on the use of any part of the ,army or the ,air ,force as a posse comitatus under section #ache of title #ah1 ,united ,states ,code4 7d7 ,authorization of ,appropriations ,there are authorized to be appropriated to the ,secretary such sums as may be necessary for each of fiscal years #bjae through #bjai to carry out this section4 #aai4 ,secure communication ,the ,secretary shall1 as expeditiously as practicable1 develop and implement a plan to improve the use of satellite communications and other technologies to ensure clear and secure #b-way communication capabilities-- 7#a7 among all ,border ,patrol agents conducting operations between ports of entry2 7#b7 between ,border ,patrol agents and their respective ,border ,patrol stations2 7#c7 between ,border ,patrol agents and residents in remote areas along the international land borders of the ,united ,states2 and 7#d7 between all appropriate border security agencies of the ,department and ,state1 local1 and tribal law enforcement agencies4 #abj4 ,surveillance plan 7a7 ,requirement for plan ,the ,secretary shall develop a comprehensive plan for the systematic surveillance of the international land and maritime borders of the ,united ,states4 7b7 ,content ,the plan required by subsection 7a7 shall include the following3 7#a7 ,an assessment of existing technologies employed on the international land and maritime borders of the ,united ,states4 7#b7 ,a description of the compatibility of new surveillance technologies with surveillance technologies in use by the ,secretary on the date of enactment of this ,act4 7#c7 ,a description of how the ,commissioner of the ,united ,states ,customs and ,border ,protection is working1 or is expected to work1 with the ,under ,secretary for ,science and ,technology of the ,department to identify and test surveillance technology4 7#d7 ,a description of the specific surveillance technology to be deployed4 7#e7 ,identification of any obstacles that may impede such deployment4 7#f7 ,a detailed estimate of all costs associated with such deployment and with continued maintenance of such technologies4 7#g7 ,a description of how the ,secretary is working with the ,administrator of the ,federal ,aviation ,administration on safety and airspace control issues associated with the use of unmanned aerial vehicles4 7#h7 ,a description of the demonstration program to fully integrate and utilize aerial surveillance technologies developed pursuant to section #aba7;a74 7#i7 ,a description of the ,integrated and ,automated ,surveillance demonstration program established pursuant to section #aba7;b74 7c7 ,submission to ,congress ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall submit to ,congress the plan required by this section4 #aba4 ,surveillance technologies programs 7a7 ,aerial surveillance demonstration program 7#a7 ,in general ,in conjunction with the border surveillance plan developed under section #ebja of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7,public ,law #ajh-deh2 #h ,u4,s4,c4 #agja note71 the ,secretary1 not later than #ij days after the date of enactment of this ,act1 shall develop a demonstration program to fully integrate and utilize aerial surveillance technologies1 including unmanned aerial vehicles1 to enhance the security of the international border between the ,united ,states and ,canada and the international border between the ,united ,states and ,mexico4 7#b7 ,assessment and consultation requirements ,in developing the program under this subsection1 the ,secretary shall-- 7,a7 consider current and proposed aerial surveillance technologies2 7,b7 assess the feasibility and advisability of utilizing such technologies to address border threats1 including an assessment of the technologies considered best suited to address respective threats1 cost-effectiveness1 reliability1 and minimal impact on border residential areas2 7,c7 consult with the ,secretary of ,defense regarding any technologies or equipment1 which the ,secretary may deploy along an international border of the ,united ,states2 7,d7 consult with the ,administrator of the ,federal ,aviation ,administration regarding safety1 airspace coordination and regulation1 and any other issues necessary for implementation of the program2 and 7,e7 conduct a privacy impact assessment with the ,officer for ,civil ,rights and ,civil ,liberties with the ,department that includes recommendations with respect to ensuring the civil liberties and civil rights of individuals in surrounding communities4 7#c7 ,additional requirements 7,a7 ,in general ,the demonstration program developed under this subsection may include the use of a variety of aerial surveillance technologies in a variety of topographies and areas1 including populated and unpopulated areas located on or near an international border of the ,united ,states1 in order to evaluate1 for a range of circumstances-- 7i7 the significance of previous experiences with such technologies in border security or critical infrastructure protection2 7ii7 the cost and effectiveness of various technologies for border security1 including varying levels of technical complexity2 and 7iii7 liability1 safety1 and privacy concerns relating to the utilization of such technologies for border security4 7#d7 ,continued use of aerial surveillance technologies ,the ,secretary may continue the operation of aerial surveillance technologies while developing the demonstration program and assessing the effectiveness of the utilization of such technologies4 7#e7 ,report to congress ,not later than #ahj days after developing the demonstration program under this subsection1 the ,secretary shall submit to ,congress a report regarding such program4 ,the ,secretary shall include in the report a description of such program together with any recommendations that the ,secretary finds appropriate for implementing or terminating the program4 7b7 ,integrated and automated surveillance demonstration program 7#a7 ,requirement for program ,subject to the availability of appropriations1 the ,secretary shall establish a demonstration program to procure additional unmanned aerial vehicles1 cameras1 poles1 sensors1 satellites1 radar coverage1 and other technologies necessary to enhance operational control of the international borders of the ,united ,states4 ,such program shall be known as the ,integrated and ,automated ,surveillance ,demonstration ,program4 7#b7 ,program components ,the ,secretary shall ensure1 to the maximum extent feasible1 that-- 7,a7 the technologies utilized in the ,integrated and ,automated ,surveillance ,demonstration ,program are integrated and function cohesively in an automated fashion1 including the integration of motion sensor alerts and cameras in a manner where a sensor alert automatically activates a corresponding camera to pan and tilt in the direction of the triggered sensor2 7,b7 cameras utilized in the ,program do not have to be manually operated2 7,c7 such camera views and positions are not fixed2 7,d7 surveillance video taken by such cameras is able to be viewed at multiple designated communications centers2 7,e7 a standard process is used to collect1 catalog1 and report intrusion and response data collected under the ,program2 7,f7 future remote surveillance technology investments and upgrades for the ,program can be integrated with existing systems2 7,g7 performance measures are developed and applied that can evaluate whether the ,program is providing desired results and increasing response effectiveness in monitoring and detecting illegal intrusions along the international borders of the ,united ,states2 7,h7 plans are developed under the ,program to streamline site selection1 site validation1 and environmental assessment processes to minimize delays of installing surveillance technology infrastructure2 7,i7 standards are developed under the ,program to expand the shared use of existing private and governmental structures to install remote surveillance technology infrastructure where possible2 and 7,j7 standards are developed under the ,program to identify and deploy the use of nonpermanent or mobile surveillance platforms that will increase the ,secretary's mobility and ability to identify illegal border intrusions4 7#c7 ,report to congress ,not later than one year after the initial implementation of the ,integrated and ,automated ,surveillance ,demonstration ,program1 the ,secretary shall submit to ,congress a report regarding the ,program4 ,the ,secretary shall include in the report a description of the ,program together with any recommendation that the ,secretary finds appropriate for enhancing or terminating the program4 7#d7 ,evaluation of contractors 7,a7 ,requirement for standards ,the ,secretary shall develop appropriate standards to evaluate the performance of any contractor providing goods or services to carry out the ,integrated and ,automated ,surveillance ,demonstration ,program4 7,b7 ,review by the inspector general 7i7 ,in general ,the ,inspector ,general of the ,department shall review each new contract related to the ,program that has a value of more than #e1jjj1jjj in a timely manner1 to determine whether such contract fully complies with applicable cost requirements1 performance objectives1 program milestones1 and schedules4 7ii7 ,reports ,the ,inspector ,general shall report the findings of each review carried out under clause 7i7 to the ,secretary in a timely manner4 ,not later than #cj days after the date the ,secretary receives a report of findings from the ,inspector ,general1 the ,secretary shall submit to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representatives a report of such findings and a description of any the steps that the ,secretary has taken or plans to take in response to such findings4 7#e7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this section4 #abb4 ,border security searches of electronic devices 7a7 ,rule ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary1 acting through the ,commissioner of ,united ,states ,customs and ,border ,protection1 in coordination with the ,assistant ,secretary of ,homeland ,security for ,united ,states ,immigration and ,customs ,enforcement and the senior official appointed pursuant to section #bbb of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #adb71 shall issue a rule with respect to the scope of and procedural and record keeping requirements associated with border security searches of electronic devices4 7b7 ,content ,the rule issued pursuant to subsection 7a7 shall include the following3 7#a7 ,a requirement that information collected during a border security search of an electronic device that is determined to be commercial information1 including trade secrets1 information subject to attorney-client privilege1 information subject to doctor-patient privilege1 or information subject to another privilege or protection shall be handled consistent with the laws1 rules1 and regulations governing such information and shall not be shared with a ,federal1 ,state1 local1 tribal1 or foreign agency unless it is determined that such agency has the mechanisms in place to comply with such laws1 rules1 and regulations4 7#b7 ,a requirement that authorized agents1 to the greatest extent practicable1 conduct all border security searches of electronic devices at a port of entry in the presence of a supervisor and1 where appropriate1 in the presence of the individuals whose electronic devices are subject to such searches4 7#c7 ,a determination of the number of days that an electronic device subjected to a border security search or the information collected from such device may be retained1 unless probable cause exists1 that prohibits retention exceeding the period necessary to translate1 decrypt1 or reasonably search such device or information and that requires such information to be destroyed if in the custody of an authorized agent after such number of days4 7#d7 ,a requirement that if information collected from an electronic device subjected to a border security search is copied1 shared1 retained1 or entered into an electronic database1 the individual from whose electronic device such information is collected shall receive written notification of such copying1 sharing1 retention1 or entry unless such notification would hinder an investigation involving national security or would meet another criteria established by the ,secretary in the rule4 7#e7 ,a requirement that an individual subjected to a border security search of an electronic device shall receive a receipt for such device if such device is removed from the possession of such individual4 7#f7 ,a requirement that an individual subjected to a border security search of an electronic device shall receive notice of how to report abuses or concerns and how to seek redress from the ,department of ,homeland ,security4 7#g7 ,a requirement that information on the rights of individuals with respect to border security searches and ,department of ,homeland ,security redress procedures shall be posted at all ports of entry in locations that are likely to be viewed by individuals subject to border security searches4 7#h7 ,a privacy impact assessment of the rule1 as prepared by the senior official appointed pursuant to section #bbb of the ,homeland ,security ,act of #bjjb1 that includes recommendations with respect to the copying1 sharing1 retention1 and entry into an electronic database of personally identifiable information collected from electronic devices subjected to a border security search4 7#i7 ,a civil liberties impact assessment of the rule1 as prepared by the ,officer for ,civil ,rights and ,civil ,liberties of the ,department of ,homeland ,security4 7c7 ,training and auditing with respect to searches 7#a7 ,training ,the ,secretary shall provide each authorized agent with appropriate training to conduct border security searches of electronic devices at ports of entry in accordance with the rule issued pursuant to subsection 7a74 ,the training shall include instruction on constitutional1 privacy1 civil rights1 and civil liberties issues related to such searches4 7#b7 ,auditing ,the ,secretary1 acting through the ,inspector ,general of the ,department of ,homeland ,security1 shall develop and annually administer an auditing mechanism to review whether authorized agents are conducting border security searches of electronic devices at ports of entry in accordance with the rule issued pursuant to subsection 7a74 7d7 ,report ,not later than #ahj days after the effective date of the rule issued pursuant to subsection 7a71 and quarterly thereafter1 the ,secretary shall submit to the ,committee on ,homeland ,security of the ,house of ,representatives and to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate a report that shall include the following3 7#a7 ,a description of the activities of authorized agents with respect to border security searches of electronic devices at ports of entry4 7#b7 ,a description of the manner in which the ,department of ,homeland ,security has complied with this ,act4 7#c7 ,the number1 by port of entry1 of border security searches of electronic devices at ports of entry conducted during the reporting period4 7#d7 ,the number1 by port of entry1 of instances during the reporting period that information from an electronic device subjected to a border security search was retained1 copied1 shared1 or entered in an electronic database1 including the number of electronic devices retained as the result of a border security search4 7#e7 ,the race1 ethnicity1 national origin1 and citizenship of each individual whose electronic device was subjected to a border security at a port of entry search during the reporting period1 to determine the existence or absence of racial profiling4 7#f7 ,the number of instances during the reporting period that information collected from an electronic device subjected to a border security search at a port of entry was referred to a law enforcement or intelligence agency for further action1 including whether such information resulted in a prosecution or conviction4 7e7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,authorized agent ,the term authorized agent means an agent1 officer1 or official of ,united ,states ,customs and ,border ,protection1 ,united ,states ,immigration and ,customs ,enforcement1 or any other office or agency of the ,department of ,homeland ,security who is authorized to conduct a border security search4 7#b7 ,border security search ,the term border security search means a search by an authorized agent of persons1 baggage1 or cargo entering1 departing1 or passing through the ,united ,states through any port of entry4 7#c7 ,electronic device ,the term electronic device means an electronic1 magnetic1 optical1 electrochemical1 or other high-speed data processing device performing logical1 arithmetic1 or storage functions1 such as a computer1 a cellular telephone1 or any other device used for electronic communication or for storing electronic1 digital or analog data1 and which includes any data storage facility or communications facility directly related to or operating in conjunction with such device4 #abc4 ,border relief grant program 7a7 ,grants ,authorized 7#a7 ,in general ,the ,attorney ,general is authorized to award grants to-- 7,a7 eligible law enforcement agencies1 or a coalition of such agencies1 including sheriff's offices1 police departments and tribal police departments2 and 7,b7 institutions of higher education that provide assistance to law enforcement agencies in counties described in subparagraph 7,a7 or 7,b7 of subsection 7d77#a7 to provide the resources described in subsection 7b77#d74 7#b7 ,competitive basis ,the ,attorney ,general shall award grants under this section on a competitive basis4 7#c7 ,priority ,in awarding grants for the uses described in paragraphs 7#a7 through 7#c7 of subsection 7b71 the ,attorney ,general shall give priority to law enforcement agencies-- 7,a7 located in a county that is within #ajj miles from the ,united ,states border with ,mexico or ,canada2 and 7,b7 in compliance with ,federal and ,state racial profiling laws and guidelines4 7#d7 ,duration ,grants awarded under this section shall not exceed two years4 ,prior awardees must reapply to be considered for continued funding4 7#e7 ,prohibition ,the ,attorney ,general shall not award a grant to any applicant that is under investigation for violations of ,federal or ,state racial profiling laws or guidelines4 7b7 ,use of ,funds ,grants awarded under this section may only be used to provide additional resources for eligible law enforcement agencies to address drug-related criminal activity1 and for the training and assistance described in paragraph 7#d7 for organizations described in subsection 7a77#c71 including resources to-- 7#a7 combat criminal activities along the ,northern and ,southern border by-- 7,a7 obtaining1 upgrading1 or maintain equipment2 7,b7 hiring additional personnel2 7,c7 reimbursing operational expenditures1 including overtime and transportation costs2 and 7,d7 providing other assistance necessary to address drug-related criminal activity2 7#b7 facilitate information sharing and collaboration by-- 7,a7 establishing1 maintaining1 or enhancing multi-jurisdictional intelligence gathering and sharing activities2 7,b7 facilitating regional crime prevention and reduction efforts2 and 7,c7 strengthening partnerships between ,federal1 tribal1 ,state1 and local law enforcement agencies2 7#c7 enhance jails1 community corrections1 and detention operations by-- 7,a7 improving the administration and operations of correction functions related to reducing and preventing criminal narcotics activity2 7,b7 improving access to intelligence and collaboration between law enforcement and correctional system personnel2 7,c7 reducing the recidivism rates of drug offenders2 and 7,d7 hiring detention1 probation1 parole1 and other corrections personnel for implementation of the efforts described in this paragraph2 and 7#d7 provide training and technical assistance1 including training and assistance related to-- 7,a7 narcotics-related kidnapping negotiation and rescue tactics2 7,b7 intelligence and information sharing on drug trafficking organizations2 and 7,c7 the interdiction of narcotics1 weapons1 and illegal drug proceeds4 7c7 ,application 7#a7 ,in general ,each eligible law enforcement agency1 or coalition of such agencies1 seeking a grant under this section shall submit an application to the ,attorney ,general at such time1 in such manner1 and accompanied by such information as the ,attorney ,general may reasonably require4 7#b7 ,contents ,each application submitted under paragraph 7#a7 shall-- 7,a7 describe the activities for which assistance under this section is sought2 7,b7 disclose whether the applicant has ever been investigated for or convicted of violation of ,federal or ,state racial profiling laws or guidelines2 and 7,c7 provide such additional assurances as the ,attorney ,general determines to be essential to ensure compliance with the requirements under this section4 7d7 ,monitoring and oversight 7#a7 ,each grantee shall submit to the ,attorney ,general documentation of the use of grant funds1 including an assessment of their utility in protecting border community safety1 the prevention of smuggling activities1 and the apprehension of persons involved in violence and organized crime4 7#b7 ,these reports will determine whether the grantee uses funds appropriately and should be considered for a renewal grant4 7e7 ,definitions ,in this section3 7#a7 ,eligible law enforcement agency ,the term eligible law enforcement agency means a tribal1 ,state1 or local law enforcement agency1 including a community corrections agency and any agency that employs prosecutors1 probation officers1 or parole officers1 which is located or performs duties in-- 7,a7 a county that is not more than #ajj miles from a ,united ,states border with ,mexico2 7,b7 a county that is not more than #ajj miles from a ,united ,states border with ,canada2 or 7,c7 a jurisdiction that has been designated by the ,director of the ,office of ,drug ,control ,policy as a ,high ,intensity ,drug ,trafficking ,area4 7#b7 ,high intensity drug trafficking area ,the term ,high ,intensity ,drug ,trafficking ,area means any jurisdiction designated as a ,high ,intensity ,drug ,trafficking ,area by the ,national ,drug ,control ,program under section #gjg of the ,office of ,national ,drug ,control ,policy ,reauthorization ,act of #aiih 7#ba ,u4,s4,c4 #agjf74 7f7 ,assessment and report ,the ,attorney ,general shall submit a bi-annual report assessing the success of the program in combating and reducing drug-trafficking and drug-related criminal activity1 cost-effectiveness of the program1 and future value and viability of the program to-- 7#a7 the ,committee on the ,judiciary of the ,house of ,representatives2 and 7#b7 the ,committee on the ,judiciary of the ,senate4 7g7 ,authorization of appropriations 7#a7 ,in general ,there are authorized to be appropriated #ajj1jjj1jjj for each of the fiscal years #bjae through #bjai to carry out the provisions of this section4 7#b7 ,allocation of authorized funds ,of the amounts appropriated pursuant to paragraph 7#a7-- 7,a7 not more than #cc percent may be set aside for ,high ,intensity ,drug ,trafficking ,areas2 and 7,b7 not more than #cj percent may be used for activities described in paragraphs 7#c7 and 7#d7 of subsection 7b74 7#c7 ,supplement not supplant ,amounts appropriated for grants pursuant to paragraph 7#a7 shall be used to supplement and not to supplant other tribal1 ,state1 and local public funds obligated for the purposes provided under this section4 #abd4 ,northern and ,southern border drug prosecution initiative 7a7 ,reimbursement to state and local prosecutors for prosecuting federally initiated drug cases ,the ,attorney ,general shall1 subject to the availability of appropriations1 reimburse ,state and county prosecutors located in ,states along the ,northern or ,southern border of the ,united ,states for prosecuting federally initiated and referred drug cases4 7b7 ,authorization of ,appropriations ,there are authorized to be appropriated such sums as necessary for each of the fiscal years #bjae through #bjai to carry out subsection 7a74 #abe4 ,operation ,streamline prosecution initiative 7a7 ,suspension of operation streamline ,the ,secretary shall suspend the program pending submission of the report in subsection 7b7 to the relevant congressional committees in subsection 7c7 and a revaluation of the program's future viability4 7b7 ,reporting requirement ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security1 in coordination with the ,attorney ,general1 shall submit a report to the relevant congressional committees set forth in subsection 7c7 that provides details about-- 7#a7 operational goals and oversight mechanisms of ,operation ,streamline and similar programs2 7#b7 costs of seeking ,federal court prosecution and jail time for all illegal entrants prior to referral to immigration court removal proceedings1 as compared to initial referral of such entrants to immigration courts upon apprehension2 7#c7 costs of detentions1 prosecutions1 and incarcerations for immigrant offenses under ,operation ,streamline programs over the three years prior to enactment of this ,act2 7#d7 cost estimates for ,federal resources that would be necessary to implement ,operation ,streamline effectively in each ,border ,patrol sector1 including sufficient judicial resources1 ,federal ,public ,defenders1 ,u4,s4 ,marshals1 detention facilities1 ,united ,states ,attorneys1 and costs already being incurred in active areas2 7#e7 the impact of ,operation ,streamline programs on ,federal prosecutorial initiatives focused on curbing border violence1 including enhanced use of investigations and prosecutions for money laundering or other financial offenses to disrupt the illicit firearms trade1 human smuggling1 and cross-border drug and currency trafficking2 7#f7 the impact of ,operation ,streamline programs on discretionary prosecutorial decisions2 7#g7 the numbers of ,federal prosecutions for drug trafficking1 human smuggling1 white-collar1 civil rights1 environmental1 and other criminal cases over the three years prior to enactment of this ,act in areas utilizing ,operation ,streamline initiatives2 7#h7 lengths of imprisonment1 names1 convictions1 and locations of prisons used for those arrested under ,operation ,streamline programs over the three years prior to enactment of this ,act2 7#i7 ,federal convictions obtained under ,operation ,streamline including number of non-violent immigration offenses2 7#aj7 comparison of rates of ,federal prosecutions and convictions in districts along the southern border in relation to other districts nationwide2 and 7#aa7 interviews with criminal defense attorneys who have represented defendants charged under ,operation ,streamline1 including review of the opportunity of arrestees to consult with immigration attorneys prior to conviction1 and the ratio of defendants to defense attorneys4 7c7 ,relevant congressional committees in this section 7#a7 ,the ,committee on ,appropriations of the ,senate4 7#b7 ,the ,committee on the ,judiciary of the ,senate4 7#c7 ,the ,committee on ,appropriations of the ,house of ,representatives4 7#d7 ,the ,committee on the ,judiciary of the ,house of ,representatives4 7#e7 ,the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate4 7#f7 ,the ,committee on ,homeland ,security of the ,house of ,representatives4 7d7 ,reevaluation of program ,the ,secretary of ,homeland ,security1 in coordination with the ,attorney ,general1 shall have #ahj additional days1 after submission of the report in subsection 7b7 to the relevant congressional committees1 to reevaluate the future viability of the program4 ,at the end of the #ahj day period1 the ,secretary shall determine whether to continue or terminate the program4 #abf4 ,project ,gunrunner 7a7 ,in general ,the ,attorney ,general shall dedicate and expand the resources provided for the ,project ,gunrunner initiative of the ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives to identify1 investigate1 and prosecute individuals involved in the trafficking of firearms across the international border between the ,united ,states and ,mexico4 7b7 ,activities ,in carrying out this section1 the ,attorney ,general shall-- 7#a7 assign additional agents of the ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives to the area of the ,united ,states adjacent to the international border between the ,united ,states and ,mexico to support the expansion of ,project ,gunrunner teams2 7#b7 establish not fewer than one ,project ,gunrunner team in each ,state along the international border between the ,united ,states and ,mexico2 and 7#c7 coordinate with the heads of other relevant ,federal law enforcement agencies and ,state and local law enforcement agencies to address firearms trafficking in a comprehensive manner4 7c7 ,additional staff ,the ,attorney ,general may hire ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives agents for1 and otherwise expend additional resources needed to adequately support1 ,project ,gunrunner4 7d7 ,authorization of ,appropriations ,there is authorized to be appropriated #ae1jjj1jjj for each of fiscal years #bjae and #bjaf to carry out this section4 #abg4 ,operation ,armas ,cruzadas 7a7 ,in ,general ,in accordance with subsection 7b71 the ,secretary of ,homeland ,security shall dedicate and expand the resources provided for ,operation ,armas ,cruzadas of ,united ,states ,immigration and ,customs ,enforcement 7,,ice7 to identify1 investigate1 and prosecute individuals involved in the trafficking and smuggling of firearms across the international border between the ,united ,states and ,mexico4 7b7 ,resources ,to achieve the goal described in subsection 7a71 the ,secretary of ,homeland ,security shall-- 7#a7 increase the number of ,,ice agents assigned to ,operation ,armas ,cruzadas over the number of such agents who are so assigned as of the date of the enactment of this section2 7#b7 increase the number of ,border ,enforcement ,security ,task ,force 7,,best7 teams stationed along the border over the number of such teams so stationed as of the date of the enactment of this section2 and 7#c7 coordinate with the heads of other relevant ,federal1 ,state1 and local law enforcement agencies to address firearms trafficking in a comprehensive manner4 7c7 ,authorization of appropriations ,there is authorized to be appropriated #ae1jjj1jjj for each of fiscal years #bjae and #bjaf to carry out this section4 #abh4 ,combating human smuggling 7a7 ,requirement for plan ,the ,secretary shall develop and implement a plan to improve coordination among ,united ,states ,immigration and ,customs ,enforcement and ,united ,states ,customs and ,border ,protection and any other ,federal1 ,state1 local1 or tribal authorities1 as determined appropriate by the ,secretary1 to improve coordination efforts to combat human smuggling4 7b7 ,content ,in developing the plan required by subsection 7a71 the ,secretary shall consider-- 7#a7 the interoperability of databases utilized to prevent human smuggling2 7#b7 adequate and effective personnel training1 including methods to ascertain crime victims and vulnerable populations as described in subtitle ,b of this title2 7#c7 methods and programs to effectively target networks that engage in such smuggling2 7#d7 effective utilization of-- 7,a7 visas for victims of trafficking and other crimes2 and 7,b7 investigatory techniques1 equipment1 and procedures that prevent1 detect1 and prosecute international money laundering and other operations that are utilized in smuggling2 7#e7 joint measures1 with the ,secretary of ,state1 to enhance intelligence sharing and cooperation with foreign governments whose citizens are preyed on by human smugglers2 and 7#f7 other measures that the ,secretary considers appropriate to combat human smuggling4 7c7 ,report ,not later than one year after implementing the plan described in subsection 7a71 the ,secretary shall submit to ,congress a report on such plan1 including any recommendations for legislative action to improve efforts to combating human smuggling4 #abi4 ,report on deaths and strategy study 7a7 ,in general ,the ,commissioner of the ,united ,states ,customs and ,border ,protection shall do the following3 7#a7 ,collection of statistics ,collect statistics relating to deaths occurring at the border between the ,united ,states and ,mexico1 including-- 7,a7 the causes of the deaths2 and 7,b7 the total number of deaths4 7#b7 ,publication of statistics ,publish the statistics collected in paragraph 7#a7 quarterly4 7#c7 ,report ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 submit to the ,secretary a report that-- 7,a7 analyzes trends with respect to the statistics collected under subsection 7a7 during the preceding year2 and 7,b7 recommends actions to reduce and prevent the deaths described in subsection 7a74 7b7 ,southwest border strategy study and analysis ,the ,secretary shall conduct a study of ,southwest ,border ,enforcement operations since #aiid and its relationship to death rates on the ,u4,s4-,mexico border4 7#a7 ,substance ,the study shall include-- 7,a7 an analysis on the relationship of border enforcement and deaths on the border2 7,b7 an analysis of whether physical barriers1 technology1 and enforcement programs have contributed to the rate of migrant deaths2 7,c7 an analysis of the effectiveness of geographical terrain as a natural barrier for entry into the ,united ,states in achieving ,department goals and its role in contributing to rates of migrant deaths2 7,d7 consultation with nongovernmental organizations and other community stakeholders involved in recovering and identifying migrant deaths2 and 7,e7 an assessment of existing protocol related to reporting1 tracking and inter-agency communications between ,,cbp and local first responders and consular services4 7#b7 ,report ,the studies shall be submitted to-- 7,a7 the ,united ,states-,mexico ,border ,enforcement ,commission as established in section #acj2 7,b7 the ,committee on ,homeland ,security and ,governmental ,affairs and the ,committee on the ,judiciary of the ,senate2 7,c7 the ,committee on ,homeland ,security and the ,committee on the ,judiciary of the ,house of ,representatives2 and 7,d7 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives4 7c7 ,authorization of appropriations ,there are authorized to be appropriated such sums as are necessary to carry out this section4 #acj4 ,united ,states-,mexico ,border ,enforcement ,commission 7a7 ,establishment of commission 7#a7 ,in general ,there is established an independent commission to be known as the ,immigration and ,united ,states-,mexico ,border ,enforcement ,commission 7referred to in this section as the ,commission74 7#b7 ,purposes ,the purposes of the ,commission are-- 7,a7 to study the overall enforcement strategies1 programs and policies of ,federal agencies along the ,united ,states-,mexico border1 including the ,department of ,homeland ,security1 ,justice and other relevant agencies2 7,b7 to strengthen relations and collaboration between communities in the border regions and the ,department of ,homeland ,security1 ,justice and other ,federal agencies that carry out such strategies1 programs and policies2 7,c7 to ensure the strategies1 programs and policies of ,federal agencies along the ,united ,states-,mexico border and the agents and employees charged to implement them protect the due process and civil and human rights of all individuals and communities at and near the border2 and 7,d7 to make recommendations to the ,president and ,congress with respect to such strategies1 programs1 and policies4 7#c7 ,membership ,the ,commission shall be composed of #af voting members1 who shall be appointed as follows3 7,a7 ,the ,governors of the ,states of ,california1 ,new ,mexico1 ,arizona1 and ,texas shall each appoint #d voting members of whom-- 7i7 #a shall be a local elected official from the ,state's border region2 7ii7 #a shall be a local law enforcement official from the ,state's border region2 and 7iii7 #b shall be from the ,state's communities of academia1 religious leaders1 civic leaders or community leaders4 7,b7 #b nonvoting members1 of whom-- 7i7 #a shall be appointed by the ,secretary2 and 7ii7 #a shall be appointed by the ,attorney ,general4 7#d7 ,qualifications 7,a7 ,in general ,members of the ,commission shall be-- 7i7 individuals with expertise in migration1 border enforcement and protection1 civil and human rights1 community relations1 cross-border trade and commerce or other pertinent qualifications or experience2 and 7ii7 representative of a broad cross section of perspectives from the region along the international border between the ,united ,states and ,mexico4 7,b7 ,political affiliation ,not more than #b members of the ,commission appointed by each ,governor under paragraph 7#c77;,a7 may be members of the same political party4 7,c7 ,nongovernmental appointees ,an individual appointed as a voting member to the ,commission may not be an officer or employee of the ,federal ,government4 7#e7 ,deadline for appointment ,all members of the ,commission shall be appointed not later than #f months after the enactment of this ,act4 ,if any member of the ,commission described in paragraph 7#c77;,a7 is not appointed by such date1 the ,commission shall carry out its duties under this section without the participation of such member4 7#f7 ,term of service ,the term of office for members shall be for the life of the ,commission1 or #c years1 whichever is shorter4 7#g7 ,vacancies ,any vacancy in the ,commission shall not affect its powers1 but shall be filled in the same manner in which the original appointment was made4 7#h7 ,meetings 7,a7 ,initial meeting ,the ,commission shall meet and begin the operations of the ,commission as soon as practical4 7,b7 ,subsequent meetings ,after its initial meeting1 the ,commission shall meet upon the call of the chairman or a majority of its members4 7,c7 ,outreach ,the ,commission shall formulate and implement an effective outreach strategy to border communities4 7#i7 ,quorum ,nine members of the ,commission shall constitute a quorum4 7#aj7 ,chair and vice chair ,the voting members of the ,commission shall elect a ,chairman and ,vice ,chairman from among its members4 ,the term of office shall be for the life of the ,commission or by a vote of a minimum of quorum members of the ,commission4 7#aa7 ,structure ,the ,review ,commission will have a ,federal1 regional and local review structure1 and will be divided into two subcommittees--one focused on border technology1 equipment and infrastructure1 and a second to focus on border and immigration enforcement policies and programs4 7b7 ,duties ,the ,commission shall review1 examine1 and make recommendations regarding immigration and border enforcement policies1 strategies1 and programs1 including recommendations regarding-- 7#a7 the compliance of the ,department of ,homeland ,security and other immigration and border-related agencies with existing laws and regulations2 7#b7 the extent to which agency policies and practices protect the civil rights of migrants and border community residents1 including but not limited to the contexts of engagement1 detention1 apprehension1 use of force1 definition and use of reasonable suspicion and probable cause1 and racial profiling2 7#c7 the frequency1 adequacy and effectiveness of human and civil rights training of border enforcement personnel and others from ,federal agencies who have contact with the public in the border regions2 7#d7 the complaint process and the extent to which the process is transparent and accessible to the public1 investigations are opened as necessary and effectively pursued and complaints are resolved in a timely and transparent manner2 7#e7 the effectiveness and capacity of agency oversight1 accountability1 and management including prevention and disciplinary policies involving use of force1 abuse1 malfeasance1 corruption and illegal activity2 7#f7 the effect of operations1 technology1 and enforcement infrastructure along such border on the-- 7,a7 environment2 7,b7 crossborder traffic and commerce2 7,c7 privacy rights and other civil liberties2 and 7,d7 the quality of life of border communities2 7#g7 the extent to which ,state and local law enforcement engage in the enforcement of ,federal immigration law2 7#h7 the extent of compliance with due process standards and equal protection of the law for immigrants and other individuals at and near the border2 7#i7 whether border policies and agencies are accomplishing their stated goals2 and 7#aj7 any other matters regarding immigration and border enforcement policies1 strategies1 and programs the ,commission determines appropriate4 7c7 ,powers of commission 7#a7 ,in general 7,a7 ,hearings and evidence ,the ,commission or1 on the authority of the ,commission1 any subcommittee or member thereof1 may1 for the purpose of carrying out this title-- 7i7 hold such hearings and sit and act at such times and places1 take such testimony1 receive such evidence1 administer such oaths2 and 7ii7 subject to paragraph 7#b77;,a71 require1 by subpoena or otherwise1 the attendance and testimony of such witnesses and the production of such books1 records1 correspondence1 memoranda1 papers1 and documents1 as the ,commission or such designated subcommittee or designated member may determine advisable4 7,b7 ,subpoenas 7i7 ,issuance ,a subpoena may be issued under this subsection only-- 7,i7 by the agreement of the chairman and the vice chairman2 or 7,,ii7 by the affirmative vote of #f members of the ,commission4 7ii7 ,signature ,subject to clause 7i71 subpoenas issued under this subsection may be issued under the signature of the chairman or any member designated by a majority of the ,commission1 and may be served by any person designated by the chairman or by a member designated by a majority of the ,commission4 7iii7 ,enforcement ,in the case of contumacy or failure to obey a subpoena issued under subsection 7a71 the ,united ,states district court for the judicial district in which the subpoenaed person resides1 is served1 or may be found1 or where the subpoena is returnable1 may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence4 ,any failure to obey the order of the court may be punished by the court as a contempt of that court4 7#b7 ,recommendations 7,a7 ,the ,commission has the ability to make recommendations to the ,secretary of ,homeland ,security on the disposition of cases and discipline of personnel under the ,immigration and ,naturalization ,act4 7,b7 ,within #ahj days of receipt of a ,commission report1 the ,secretary of ,homeland ,security shall issue a response1 which shall describe how the ,department of ,homeland ,security1 the ,department of ,justice1 and the ,department of ,defense have addressed the recommendation4 7#c7 ,contracting ,the ,commission may1 to such extent and in such amounts as are provided in appropriation ,acts1 enter into contracts to enable the ,commission to discharge its duties under this title4 7#d7 ,information from federal agencies 7,a7 ,in general ,the ,commission is authorized to secure directly from any executive department1 bureau1 agency1 board1 commission1 office1 independent establishment1 or instrumentality of the ,government1 information1 suggestions1 estimates1 and statistics for the purposes of this title4 ,each department1 bureau1 agency1 board1 commission1 office1 independent establishment1 or instrumentality shall1 to the extent authorized by law1 furnish such information1 suggestions1 estimates1 and statistics directly to the ,commission1 upon request made by the chairman1 the chairman of any subcommittee created by a majority of the ,commission1 or any member designated by a majority of the ,commission4 7,b7 ,receipt1 handling1 storage1 and dissemination ,information shall only be received1 handled1 stored1 and disseminated by members of the ,commission and its staff consistent with all applicable statutes1 regulations1 and ,executive orders4 7#e7 ,assistance from federal agencies 7,a7 ,general services administration ,the ,administrator of ,general ,services shall provide to the ,commission on a reimbursable basis administrative support and other services for the performance of the ,commission's functions4 7,b7 ,other departments and agencies ,in addition to the assistance prescribed in paragraph 7#a71 departments and agencies of the ,united ,states may provide to the ,commission such services1 funds1 facilities1 staff1 and other support services as they may determine advisable and as may be authorized by law4 7#f7 ,postal services ,the ,commission may use the ,united ,states mails in the same manner and under the same conditions as departments and agencies of the ,united ,states4 7d7 ,compensation 7#a7 ,in general ,members of the ,commission shall serve without pay4 7#b7 ,reimbursement of expenses ,all members of the ,commission shall be reimbursed for reasonable travel expenses and subsistence1 and other reasonable and necessary expenses incurred by them in the performance of their duties4 7e7 ,training ,the ,commission shall establish a process and criteria by which ,commission members receive orientation and training on human1 constitutional and civil rights4 7f7 ,report ,not later than #b years after the date of the first meeting called pursuant to 7a77#h77;,a71 the ,commission shall submit a report to the ,president and ,congress that contains-- 7#a7 findings with respect to the duties of the ,commission2 7#b7 recommendations regarding border and immigration enforcement policies1 strategies1 and programs2 7#c7 suggestions for the implementation of the ,commission's recommendations2 and 7#d7 a recommendation as to whether the ,commission should continue to exist after the date of termination described in subsection 7g71 and if so1 a description of the purposes and duties recommended to be carried out by the ,commission after such date4 7g7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this section4 7h7 ,sunset ,unless the ,commission is reauthorized by ,congress1 the ,commission shall terminate on the date that is #fj days after the date the ,commission submits the report described in subsection 7f74 #aca4 ,prohibition on military involvement in nonemergency border enforcement 7a7 ,in general ,the ,armed ,forces of the ,united ,states1 including the ,national ,guard1 are prohibited from assisting in ,federal1 ,state and local and civilian law enforcement of immigration laws4 7b7 ,exception ,the ,armed ,forces of the ,united ,states1 including the ,national ,guard may assist in ,federal1 ,state and local and civilian law enforcement of immigration laws when the ,president of the ,united ,states has declared a national emergency or when required for specific counter-terrorism duties4 ,in the case that1 ,armed ,forces of the ,united ,states1 including the ,national ,guard are required to perform such duties1 those duties in support of ,federal1 ,state and local and civilian law enforcement of immigration laws shall be limited to-- 7#a7 rear echelon support duties1 including logistical support1 construction1 and intelligence collection from positions at least #be miles from the border2 7#b7 nonarmed operations within #be miles of the border1 including listening posts and observation post operations2 and 7#c7 armed operations outside #be miles of the border1 including listening posts and observation post operations4 7c7 ,report ,the ,secretary shall submit on an annual basis a report to ,congress that details the involvement of the ,armed ,forces in border security and the enforcement of ,federal immigration laws4 #acb4 ,definitions ,for purposes of sections #abd through #abh3 7a7 ,indian ,tribe ,the term ,indian tribe has the meaning given such term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 7b7 ,secretary ,concerned ,the term ,secretary concerned means the ,secretary of ,agriculture with respect to land under the jurisdiction of the ,secretary of ,agriculture1 the ,secretary of the ,interior with respect to land under the jurisdiction of the ,secretary of the ,interior1 the ,secretary of ,defense with respect to land under the jurisdiction of the ,secretary of ,defense or the secretary of a military department1 or the ,secretary of ,commerce with respect to land under the jurisdiction of the ,secretary of ,commerce4 #acc4 ,border protection strategy 7a7 ,in general ,not later than ,september #cj1 #bjad1 the ,secretary1 the ,secretary of the ,interior1 the ,secretary of ,agriculture1 the ,secretary of ,defense1 and the ,secretary of ,commerce1 in consultation with tribal1 ,state1 and local officials1 shall jointly develop and submit to ,congress a border protection strategy for the international land borders of the ,united ,states4 7b7 ,elements of the strategy ,the strategy developed in accordance with subsection 7a7 shall include the following components3 7#a7 ,a comparative analysis of the levels of operational control1 based on auditable and verifiable data1 achievable through alternative tactical infrastructure and other security measures4 ,measures assessed shall include1 at a minimum-- 7,a7 pedestrian fencing2 7,b7 vehicle barriers1 especially in the vicinity of existing or planned roads2 7,c7 additional ,border ,patrol agents2 7,d7 efficacy of natural barriers and open space in response to unauthorized or unlawful border crossing2 7,e7 fielding of advanced remote sensing and information integration technology1 including the use of unmanned aerial vehicles and other advanced technologies and systems1 including systems developed and employed1 or under development1 for tactical surveillance1 multisource information integration1 and response analysis in difficult terrain and under adverse environmental conditions2 7,f7 regional as well as urban and rural variation in border security methodologies1 and incorporation of natural barriers2 7,g7 enhanced cooperation with1 and assistance to1 intelligence1 security1 and law enforcement agencies in ,mexico and ,canada in detecting1 reporting1 analyzing1 and successfully responding to unauthorized or unlawful border crossings from or into ,mexico or ,canada2 and 7,h7 removal of obstructive non-native vegetation4 7#b7 ,a comprehensive analysis of cost and other impacts of security measures assessed in paragraph 7#a71 including an assessment of-- 7,a7 land acquisition costs1 including related litigation and other costs2 7,b7 construction costs1 including both labor and material costs2 7,c7 maintenance costs over #be years2 7,d7 contractor costs2 7,e7 management and overhead costs2 7,f7 the impacts on wildlife1 wildlife habitat1 natural communities1 and functioning cross-border wildlife migration corridors and hydrology 7including water quantity1 quality1 and natural hydrologic flows7 on ,federal1 tribal1 ,state1 local1 and private lands along the border2 and 7,g7 costs of fully mitigating the adverse impacts to ,federal1 tribal1 ,state1 local1 and private lands1 waters 7including water quality1 quantity1 and hydrological flows71 wildlife1 and wildlife habitats1 including1 where such action is possible1 the full costs of the replacement or restoration of severed wildlife migration corridors with protected corridors of equivalent biological functionality1 as determined by each ,secretary concerned1 in consultation with appropriate authorities of tribal1 ,state1 and local governments and appropriate authorities of ,mexico and ,canada4 7#c7 ,a comprehensive compilation of the fiscal investments in acquiring or managing ,federal1 tribal1 ,state1 local1 and private lands and waters in the vicinity of1 or ecologically related to1 the land borders of the ,united ,states that have been acquired or managed in whole or in part for conservation purposes 7including the creation or management of protected wildlife migration corridors7 in-- 7,a7 units of the ,national ,park ,system2 7,b7 ,national ,forest ,system land2 7,c7 land under the jurisdiction of the ,bureau of ,land ,management2 7,d7 land under the jurisdiction of the ,united ,states ,fish and ,wildlife ,service2 7,e7 other relevant land under the jurisdiction of the ,department of the ,interior or the ,department of ,agriculture2 7,f7 land under the jurisdiction of the ,department of ,defense or the individual military department2 7,g7 land under the jurisdiction of the ,department of ,commerce2 7,h7 tribal lands2 7,i7 ,state and private lands2 and 7,j7 lands within ,mexico and ,canada4 7#d7 ,recommendations for strategic border security management based on comparative security as detailed in paragraph 7#a71 the cost-benefit analysis as detailed in paragraph 7#b71 as well as protection of investments in public lands specified in paragraph 7#c74 7c7 ,training 7#a7 ,required training ,the ,secretary1 in cooperation with the ,secretary concerned1 shall provide-- 7,a7 natural resource protection training for ,customs and ,border ,protection agents or other ,federal personnel assigned to plan or oversee the construction or operation of border security tactical infrastructure or to patrol land along or in the vicinity of a land border of the ,united ,states2 and 7,b7 cultural resource training for ,customs and ,border ,protection agents and other ,federal personnel assigned to plan or oversee the construction or operation of border security tactical infrastructure or to patrol tribal lands4 7#b7 ,additional considerations ,in developing and providing training under subparagraph 7,a7 of paragraph 7#a71 the ,secretary shall coordinate with the ,secretary concerned and the relevant tribal government to ensure that such training is appropriate to the mission of the relevant agency and is focused on achieving border security objectives while avoiding or minimizing the adverse impact on natural and cultural resources resulting from border security tactical infrastructure1 operations1 or other activities4 #acd4 ,actions to further secure operational control of the international land borders of the ,united ,states 7a7 ,in ,general ,section #ajb of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7,public ,law #ajd-bjh2 #h ,u4,s4,c4 #aajc note7 is amended to read as follows3 #ajb4 ,improvement of operational control of border 7a7 ,in ,general ,the ,secretary of ,homeland ,security shall take such actions as may be required to gain operational control of the international land borders of the ,united ,states4 ,such actions may be taken only in accordance with the border protection strategy developed under section #abd7;a74 7b7 ,priority of ,methods ,in carrying out the requirements of subsection 7a71 the ,secretary of ,homeland ,security shall1 where practicable1 give first priority to the use of remote cameras1 sensors1 removal of nonnative vegetation1 incorporation of natural barriers1 additional manpower1 unmanned aerial vehicles1 or other low impact border enforcement techniques4 7c7 ,consultation 7#a7 ,in general ,in carrying out this section1 the ,secretary of ,homeland ,security shall consult with the ,secretary of the ,interior1 the ,secretary of ,agriculture1 the ,secretary of ,defense1 ,secretary of ,commerce1 ,states1 local governments1 tribal governments1 and private property owners in the ,united ,states to minimize the impact on the environment1 culture1 commerce1 safety1 and quality of life for the communities and residents located near the sites at which actions under subsection 7a7 are proposed to be taken4 7#b7 ,rule of construction ,nothing in this subsection may be construed to-- 7,a7 create or negate any right of action for a ,state1 local government1 tribal government1 or other person or entity affected by this subsection2 7,b7 affect the eminent domain laws of the ,united ,states or of any ,state2 or 7,c7 waive the application of any other applicable ,federal1 ,state1 local1 or tribal law4 7#c7 ,limitation on requirements ,notwithstanding subsection 7a71 nothing in this section shall require the ,secretary of ,homeland ,security to install fencing1 physical barriers1 roads1 lighting1 cameras1 or sensors in a particular location along an international border of the ,united ,states if the ,secretary determines that the use or placement of such resources is not the most effective and appropriate means to achieve and maintain operational control over the international border at such location1 or if the ,secretary determines that the direct and indirect costs of or the impacts on the environment1 culture1 commerce1 safety1 or quality of life for the communities and residents along the border likely to result from the use or placement of such resources outweigh the benefits of such use or placement4 4 7b7 ,preconditions ,in fulfilling the requirements of section #ajb of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif1 as amended by this section1 the ,secretary of ,homeland ,security shall not commence any construction of fencing1 physical barriers1 roads1 lighting1 cameras1 sensors1 or other tactical infrastructure along or in the vicinity of an international land border of the ,united ,states1 or award or expend funds pursuant to any contract or other agreement related thereto1 prior to #ij days following the submission to ,congress of the border protection strategy required under section #acc7;a7 of this subtitle4 #ace4 ,borderlands monitoring and mitigation 7a7 ,in ,general ,the ,secretary1 in consultation with the ,secretary of the ,interior1 the ,secretary of ,agriculture1 the ,secretary of ,defense1 the ,secretary of ,commerce1 and the heads of appropriate ,state and tribal wildlife agencies and entities1 shall develop and implement a comprehensive monitoring and mitigation plan to address the ecological and environmental impacts of border security infrastructure1 measures1 and activities along the international land borders of the ,united ,states4 7b7 ,requirements ,the mitigation plan required under subsection 7a7 shall include1 at a minimum1 measures to address and mitigate the full range of ecological and environmental impacts of border security infrastructure1 measures1 and activities1 including-- 7#a7 preserving1 maintaining1 and1 if necessary1 restoring wildlife migration corridors1 key habitats1 and the ecologically functional connectivity between and among key habitats sufficient to ensure that species 7whether or not designated as rare1 protected1 or of concern7 remain viable and are able to adapt to the impacts of climate change2 7#b7 addressing control of invasive species and implementing measures necessary to avoid the spread of such species2 7#c7 maintaining hydrological functionality1 including water quantity and quality2 7#d7 incorporating adaptive management1 including detailed provisions for long-term monitoring of the mitigation plan's effectiveness and for necessary adjustments to such plan based on such monitoring results2 and 7#e7 protection of cultural and historical resources4 7c7 ,preemption 7#a7 ,in general ,notwithstanding any other provision of law1 the ,secretary may1 subject to paragraph 7#b71 carry out the mitigation plan required under subsection 7a7 on any ,federal1 ,state1 local1 tribal1 or private lands in the vicinity of or ecologically related to an international land border of the ,united ,states regardless of which individual1 agency1 or entity has ownership of or principal responsibility for the management of any such lands4 7#b7 ,conditions ,activities carried out pursuant to paragraph 7#a7 in connection with the mitigation plan shall be carried out in full consultation with1 and with the concurrence of1 the owner of1 or entity with principal responsibility for1 the management of the lands described in such paragraph4 7d7 ,administration 7#a7 ,authorization ,the ,secretary of ,homeland ,security may transfer funds of the ,department of ,homeland ,security to other ,federal agencies for-- 7,a7 expenditure under programs 7including any international programs7 of such agencies that are designed to fund conservation related activities 7directly or through grants or similar mechanisms7 on non-,federal lands1 including land acquisition programs2 and 7,b7 mitigation activities on ,federal lands managed by such agencies1 if such activities are required to implement the mitigation plan required under subsection 7a7 and if the costs of such activities are higher than the costs associated with managing such lands in the absence of such activities4 7#b7 ,exemption from reprogramming requirements ,funds transferred pursuant to the authorization under paragraph 7#a7 shall not be subject to reprogramming requirements4 7#c7 ,acceptance and use of donations ,the ,secretary may accept and use donations for the purpose of developing and implementing the mitigation plan required under subsection 7a71 and may transfer such funds to any other ,federal agency for expenditure under such plan pursuant to paragraph 7#a74 7e7 ,authorization of ,appropriations ,notwithstanding any other provision of law1 funds appropriated to the ,department of ,homeland ,security for border security infrastructure and activities may be used by the ,secretary to develop and implement the mitigation plan required under subsection 7a74 #acf4 ,border ,communities ,liaison ,office 7a7 ,establishment ,the ,secretary shall establish1 in consultation with the ,office of ,civil ,rights and ,civil ,liberties1 a ,border ,communities ,liaison ,office in every border patrol sector at the southern and northern borders4 7b7 ,purpose ,the purpose of the ,border ,communities ,liaison ,office shall be-- 7#a7 to foster and institutionalize consultation with border communities2 7#b7 to consult with border communities on agency policies1 directives and laws2 7#c7 to consult with border communities on agency strategies and strategy development2 7#d7 to consult with border communities on agency services and operational issues2 7#e7 to receive assessments on agency performance from border communities2 and 7#f7 to receive complaints regarding agency performance and agent conduct4 7c7 ,authorization of appropriations ,there are authorized to be appropriated such sums as are necessary to carry out this section4 #acg4 ,office of ,civil ,rights and ,civil ,liberties and ,office of ,inspector ,general ,there are authorized to be appropriated such sums as are necessary for the ,department's ,office of ,inspector ,general and the ,department's ,office of ,civil ,rights and ,civil ,liberties to be comparable to those of other ,federal agencies and commensurate with the size and scope of the ,,dhs operational budget4 #ach4 ,improving ports of entry for border security and other purposes 7a7 ,in ,general ,there are authorized to be appropriated to the ,administrator of the ,general ,services ,administration such sums as may be necessary for each of fiscal years #bjae through #bjai to make improvements to existing ports of entry in the ,united ,states to improve border security and for other purposes4 7b7 ,priority ,in making improvements described in subsection 7a71 the ,administrator of the ,general ,services ,administration1 in coordination with the ,commissioner of ,customs and ,border ,protection1 shall give priority to the ports of entry that the ,administrator determines are in most need of repair to improve border security and for other purposes in accordance with port of entry infrastructure assessment studies required in section #fjc of title ,,vi1 division ,e1 of the ,consolidated ,appropriations ,act of #bjjh 7,public ,law #aja-afa74 #aci4 ,ports of entry 7a7 ,in general ,in order to aid in the enforcement of ,federal customs1 immigration1 and agriculture laws1 and national security goals the ,customs and ,border ,protection ,commissioner may-- 7#a7 design1 construct1 and modify land ports of entry and other structures and facilities1 including living quarters for officers1 agents1 and personnel2 7#b7 acquire1 by purchase1 donation1 or exchange1 land or any interest in land determined to be necessary to carry out the ,commissioner's duties under this section2 and 7#c7 construct additional ports of entry along the southern border and the northern border4 7b7 ,consultation 7#a7 ,locations for new ports of entry ,the ,secretary of ,homeland ,security shall consult with the ,secretary of the ,interior1 the ,secretary of ,agriculture1 the ,secretary of ,state1 the ,international ,boundary and ,water ,commission1 the ,international ,joint ,commission1 and appropriate representatives of ,states1 local governments1 ,indian tribes1 and property owners to-- 7,a7 determine locations for new ports of entry2 and 7,b7 minimize adverse impacts from such ports on the environment1 historic and cultural resources1 commerce1 and quality of life for the communities and residents located near such ports4 7#b7 ,acquisition of leasehold interest ,the ,secretary of ,homeland ,security may acquire a leasehold interest in real property1 and may construct or modify any facility on the leased property1 if the ,secretary determines that the acquisition of such interest1 and such construction or modification1 are necessary to facilitate the implementation of this ,act4 7#c7 ,construction of border control facilities ,subject to the availability of appropriations1 the ,secretary may construct all-weather roads and acquire additional vehicle barriers and facilities necessary to maintain and enhance operational control of the international borders of the ,united ,states4 #adj4 ,ports of entry infrastructure and operations assessment study 7a7 ,requirement ,to update ,not later than ,january #ca of each year1 the ,administrator of ,general ,services shall update the ,port of ,entry ,infrastructure and ,operations ,assessment ,study prepared by ,united ,states ,customs and ,border ,protection in accordance with the matter relating to the ports of entry infrastructure assessment that is set out in the joint explanatory statement in the conference report accompanying ,h4,r4 #bdij of the #ajfth ,congress1 #ast session 7,house of ,representatives ,rep4 ,no4 #ajf-cai1 on page #fg7 and submit such updated study to ,congress4 7b7 ,consultation ,in preparing the updated studies required in subsection 7a71 the ,administrator of ,general ,services shall consult with the ,director of the ,office of ,management and ,budget1 the ,secretary1 and the ,commissioner of ,u4,s4 ,customs and ,border ,protection4 7c7 ,content ,each updated study required in subsection 7a7 shall-- 7#a7 identify port of entry infrastructure and technology improvement projects that would enhance border security and facilitate the flow of legitimate travel and commerce if implemented2 7#b7 identify port operations and practices 7to include1 but not be limited to training and staffing levels7 that would enhance border security and facilitate the flow of legitimate individual travel and commerce if implemented2 7#c7 establish a process to identify and prioritize needs at ports for shelter from the elements1 ,americans with ,disability ,act compliance1 and related issues2 7#d7 include the projects identified in the ,national ,land ,border ,ports of ,entry ,security ,plan required by section #ada2 and 7#e7 prioritize the projects described in paragraphs 7#a71 7#b71 7#c71 and 7#d7 based on the ability of a project to-- 7,a7 fulfill immediate security requirements2 7,b7 facilitate trade across the borders of the ,united ,states2 7,c7 facilitate individual travel2 and 7,d7 reduce individual and commercial wait times for pedestrians and vehicles4 7d7 ,project implementation ,the ,commissioner shall implement the infrastructure1 operations1 and technology improvement projects described in subsection 7c7 in the order of priority assigned to each project under paragraph 7#c7 of such subsection4 7e7 ,divergence from priorities ,the ,commissioner may diverge from the priority order if the ,commissioner determines that significantly changed circumstances1 such as immediate security needs or changes in infrastructure in ,mexico or ,canada1 compellingly alter the need for a project in the ,united ,states4 #ada4 ,national ,land ,border ,ports of ,entry ,security ,plan 7a7 ,in general ,not later than one year after the date of enactment of this ,act1 and annually thereafter1 the ,secretary1 after consultation with representatives of ,federal1 ,state1 and local law enforcement agencies and private entities that are involved in international trade across ,northern or ,southern ports of entry1 shall submit a ,national ,land ,border ,ports of ,entry ,security ,plan to ,congress4 7b7 ,vulnerability assessment 7#a7 ,in general ,the plan required in subsection 7a7 shall include a vulnerability assessment of each port of entry located on the northern border or the southern border4 7#b7 ,port security coordinators ,the ,secretary may establish #a or more port security coordinators at each port of entry located on the northern border or the southern border-- 7,a7 to assist in conducting a vulnerability assessment at such port2 and 7,b7 to provide other assistance with the preparation of the plan required in subsection 7a74 #adb4 ,ports of entry technology demonstration program 7a7 ,demonstration program ,the ,secretary shall carry out a technology demonstration program to-- 7#a7 test and evaluate new port of entry technologies2 7#b7 refine port of entry technologies and operational concepts2 and 7#c7 train personnel under realistic conditions4 7b7 ,technology and facilities 7#a7 ,technology testing ,under the technology demonstration program1 the ,secretary shall test technologies that enhance port of entry operations1 including operations related to-- 7,a7 inspections2 7,b7 communications2 7,c7 port tracking2 7,d7 identification of persons and cargo2 7,e7 sensory devices2 7,f7 personal detection2 7,g7 decision support2 and 7,h7 the detection and identification of weapons1 including weapons of mass destruction4 7#b7 ,development of facilities ,at a demonstration site selected pursuant to subsection 7c77#b71 the ,secretary shall develop facilities to provide appropriate training to law enforcement personnel who have responsibility for border security1 including-- 7,a7 cross-training among agencies2 7,b7 advanced law enforcement training2 and 7,c7 equipment orientation4 7c7 ,demonstration sites 7#a7 ,number ,the ,secretary shall carry out the demonstration program at not less than three sites and not more than five sites4 7#b7 ,selection criteria ,to ensure that at least #a of the facilities selected as a port of entry demonstration site for the demonstration program has the most up-to-date design1 contains sufficient space to conduct the demonstration program1 has a traffic volume low enough to easily incorporate new technologies without interrupting normal processing activity1 and is able to efficiently carry out demonstration and port of entry operations1 at least #a port of entry selected as a demonstration site shall-- 7,a7 have been established not more than #ae years before the date of enactment of this ,act2 7,b7 consist of not less than #fe acres1 with the possibility of expansion to not less than #be adjacent acres2 and 7,c7 have serviced an average of not more than #ej1jjj vehicles per month during the one-year period ending on the date of enactment of this ,act4 7d7 ,relationship with other agencies ,the ,secretary shall permit personnel from an appropriate ,federal or ,state agency to utilize a demonstration site described in subsection 7c7 to test technologies that enhance port of entry operations1 including technologies described in subparagraphs 7,a7 through 7,h7 of subsection 7b77#a74 7e7 ,report 7#a7 ,requirement ,not later than one year after the date of enactment of this ,act1 and annually thereafter1 the ,secretary shall submit to ,congress a report on the activities carried out at each demonstration site under the technology demonstration program established under this section4 7#b7 ,content ,the report submitted under paragraph 7#a7 shall include an assessment by the ,secretary of the feasibility of incorporating any demonstrated technology for use throughout ,united ,states ,customs and ,border ,protection4 #adc4 ,reports on improving the exchange of information on ,north ,american security 7a7 ,requirement for reports ,not later than one year after the date of enactment of this ,act1 and annually thereafter1 the ,secretary of ,state1 in coordination with the ,secretary and the heads of other appropriate ,federal agencies1 shall submit to ,congress a report on the status of improvements to information exchange related to the security of ,north ,america4 7b7 ,contents ,each report submitted under subsection 7a7 shall contain a description of the following3 7#a7 ,security clearances and document integrity ,the status of the development of common enrollment1 security1 technical1 and biometric standards for the issuance1 authentication1 validation1 and repudiation of secure documents1 including-- 7,a7 technical and biometric standards based on best practices and consistent with international standards for the issuance1 authentication1 validation1 and repudiation of travel documents1 including-- 7i7 passports2 7ii7 visas2 and 7iii7 permanent resident cards2 7,b7 working with ,canada and ,mexico to encourage foreign governments to enact laws to combat alien smuggling and trafficking1 and laws to forbid the use and manufacture of fraudulent travel documents2 and 7,c7 applying the necessary pressures and support to ensure that other countries meet proper travel document standards and are committed to travel document verification before the citizens of such countries travel internationally1 including travel by such citizens to the ,united ,states4 7#b7 ,immigration and visa management ,the progress of efforts to share information regarding high-risk individuals who may attempt to enter ,canada1 ,mexico1 or the ,united ,states1 including the progress made-- 7,a7 in implementing the ,statement of ,mutual ,understanding on ,information ,sharing1 signed by ,canada and the ,united ,states in ,february #bjjc2 and 7,b7 in identifying trends related to immigration fraud1 including asylum and document fraud1 and to analyze such trends4 7#c7 ,visa policy coordination and immigration security ,the progress made by ,canada1 ,mexico1 and the ,united ,states to enhance the security of ,north ,america by cooperating on visa policy and identifying best practices regarding immigration security1 including the progress made-- 7,a7 in enhancing consultation among officials who issue visas at the consulates or embassies of ,canada1 ,mexico1 or the ,united ,states throughout the world to share information1 trends1 and best practices on visa flows2 7,b7 in comparing the procedures and policies of ,canada and the ,united ,states related to visitor visa processing1 including-- 7i7 application process2 7ii7 interview policy2 7iii7 general screening procedures2 7iv7 visa validity2 7v7 quality control measures2 and 7vi7 access to appeal or review2 7,c7 in exploring methods for ,canada1 ,mexico1 and the ,united ,states to waive visa requirements for nationals and citizens of the same foreign countries2 7,d7 in developing and implementing an immigration security strategy for ,north ,america that works toward the development of a common security perimeter by enhancing technical assistance for programs and systems to support advance automated reporting and risk targeting of international passengers2 7,e7 in sharing information on lost and stolen passports on a real-time basis among immigration or law enforcement officials of ,canada1 ,mexico1 and the ,united ,states2 and 7,f7 in collecting #aj fingerprints from each individual who applies for a visa4 7#d7 ,north ,american visitor overstay program ,the progress made by ,canada and the ,united ,states in implementing parallel entry-exit tracking systems that1 while respecting the privacy laws of both countries1 share information regarding third country nationals who have overstayed their period of authorized admission in either ,canada or the ,united ,states4 7#e7 ,terrorist watch lists ,the status of the capacity of the ,united ,states to combat terrorism through the coordination of counterterrorism efforts1 including any progress made-- 7,a7 in developing and implementing bilateral agreements between ,canada and the ,united ,states and between ,mexico and the ,united ,states to govern the sharing of terrorist watch list data and to comprehensively enumerate the uses of such data by the governments of each country2 7,b7 in establishing appropriate linkages among ,canada1 ,mexico1 and the ,united ,states ,terrorist ,screening ,center2 7,c7 in exploring with foreign governments the establishment of a multilateral watch list mechanism that would facilitate direct coordination between the country that identifies an individual as an individual included on a watch list1 and the country that owns such list1 including procedures that satisfy the security concerns and are consistent with the privacy and other laws of each participating country2 and 7,d7 in establishing transparent standards and processes that enable innocent individuals to remove their names from a watch list4 7#f7 ,money laundering1 currency smuggling1 and alien smuggling ,the progress made in improving information sharing and law enforcement cooperation in combating organized crime1 including the progress made-- 7,a7 in combating currency smuggling1 money laundering1 alien smuggling1 and trafficking in alcohol1 firearms1 and explosives2 7,b7 in determining the feasibility of formulating a firearms trafficking action plan between ,mexico and the ,united ,states2 7,c7 in developing a joint threat assessment on organized crime between ,canada and the ,united ,states2 7,d7 in determining the feasibility of formulating a joint threat assessment on organized crime between ,mexico and the ,united ,states2 7,e7 in developing mechanisms to exchange information on findings1 seizures1 and capture of individuals transporting undeclared currency2 and 7,f7 in developing and implementing a plan to combat the transnational threat of illegal drug trafficking4 7#g7 ,law enforcement cooperation ,the progress made in enhancing law enforcement cooperation among ,canada1 ,mexico1 and the ,united ,states through enhanced technical assistance for the development and maintenance of a national database built upon identified best practices to identify suspected criminals or terrorists1 including exploring the formation of law enforcement teams that include personnel from the ,united ,states and ,mexico1 and appropriate procedures for such teams4 #add4 ,southern ,border ,security ,task ,force 7a7 ,establishment ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall establish a ,southern ,border ,security ,task ,force 7in this ,act referred to as the ,task ,force7 to coordinate the efforts of ,federal1 ,state1 and local border and law enforcement officials and task forces to protect ,united ,states border cities and communities from violence associated with drug trafficking1 gunrunning1 illegal alien smuggling1 violence1 and kidnapping along and across the international border between the ,united ,states and ,mexico4 7b7 ,composition and ,deployment 7#a7 ,composition ,the ,task ,force shall be comprised of personnel from-- 7,a7 ,united ,states ,customs and ,border ,protection2 7,b7 ,united ,states ,immigration and ,customs ,enforcement2 7,c7 the ,coast ,guard2 7,d7 other ,federal agencies1 as appropriate2 7,e7 southern border ,state law enforcement agencies2 and 7,f7 local law enforcement agencies from affected southern border cities and communities4 7#b7 ,deployment ,the ,secretary of ,homeland ,security shall deploy the ,task ,force along the international border between the ,united ,states and ,mexico in cities and communities most affected by violence1 as determined by the ,secretary4 7c7 ,director ,the ,secretary of ,homeland ,security shall appoint as a ,director of the ,task ,force an individual who is experienced and knowledgeable in law enforcement generally and border security issues specifically4 7d7 ,report ,not later than #ahj days after the date of the establishment of the ,task ,force under subsection 7a7 and annually thereafter1 the ,secretary of ,homeland ,security shall submit to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate a report on the effectiveness of the ,task ,force in reducing the drug trafficking1 gunrunning1 illegal alien smuggling1 violence1 and kidnapping along and across the international border between the ,united ,states and ,mexico as measured by crime statistics1 including violent deaths1 incidents of violence1 and drug related arrests4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary of ,homeland ,security #aj1jjj1jjj for each of fiscal years #bjad through #bjah-- 7#a7 to establish and operate the ,task ,force1 including to provide for operational1 administrative1 and technological costs to ,federal1 ,state1 and local law enforcement agencies participating in the ,task ,force2 and 7#b7 to investigate1 apprehend1 and prosecute individuals engaged in drug trafficking1 gunrunning1 illegal alien smuggling1 violence1 and kidnapping along and across the international border between the ,united ,states and ,mexico4 #ade4 ,cooperation with the ,government of ,mexico 7a7 ,cooperation regarding border security ,the ,secretary of ,state1 in cooperation with the ,secretary and representatives of ,federal1 ,state1 and local law enforcement agencies that are involved in border security and immigration enforcement efforts1 shall work with the appropriate officials from the ,government of ,mexico to improve coordination between the ,united ,states and ,mexico regarding-- 7#a7 improved border security along the international border between the ,united ,states and ,mexico2 7#b7 the reduction of human trafficking and smuggling between the ,united ,states and ,mexico2 7#c7 the reduction of drug trafficking and smuggling between the ,united ,states and ,mexico2 7#d7 the reduction of gang membership in the ,united ,states and ,mexico2 7#e7 the reduction of violence against women in the ,united ,states and ,mexico2 and 7#f7 the reduction of other violence and criminal activity4 7b7 ,cooperation regarding education on immigration laws ,the ,secretary of ,state1 in cooperation with other appropriate ,federal officials1 shall work with the appropriate officials from the ,government of ,mexico to carry out activities to educate citizens and nationals of ,mexico regarding eligibility for status as a nonimmigrant under ,federal law to ensure that the citizens and nationals are not exploited while working in the ,united ,states4 7c7 ,cooperation regarding circular migration ,the ,secretary of ,state1 in cooperation with the ,secretary of ,labor and other appropriate ,federal officials1 shall work with the appropriate officials from the ,government of ,mexico to improve coordination between the ,united ,states and ,mexico to encourage circular migration1 including assisting in the development of economic opportunities and providing job training for citizens and nationals in ,mexico4 7d7 ,consultation requirement ,federal1 ,state1 and local representatives in the ,united ,states shall work to cooperate with their counterparts in ,mexico concerning border security structures along the international border between the ,united ,states and ,mexico1 as authorized by this title1 in order to-- 7#a7 solicit the views of affected communities2 7#b7 lessen tensions2 and 7#c7 foster greater understanding and stronger cooperation on this and other important security issues of mutual concern4 7e7 ,annual report ,not later than #ahj days after the date of enactment of this ,act1 and annually thereafter1 the ,secretary of ,state shall submit to ,congress a report on the actions taken by the ,united ,states and ,mexico under this section4 #adf4 ,enhanced international cooperation 7a7 ,in ,general ,the ,attorney ,general1 in cooperation with the ,secretary of ,state1 shall-- 7#a7 assign agents of the ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives to the ,united ,states mission in ,mexico1 to work with ,mexican law enforcement agencies in conducting investigations relating to firearms trafficking and other criminal enterprises2 7#b7 provide the equipment and technological resources necessary to support investigations and to trace firearms recovered in ,mexico2 and 7#c7 support the training of ,mexican law enforcement officers in serial number restoration techniques1 canine explosive detection1 and anti-trafficking tactics4 7b7 ,authorization of ,appropriations ,there is authorized to be appropriated #i1ejj1jjj for each of fiscal years #bjae and #bjaf to carry out this section4 #adg4 ,expansion of commerce security programs 7a7 ,customs-,trade partnership against terrorism 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,commissioner1 in consultation with the ,secretary1 shall develop a plan to expand the programs of the ,customs-,trade ,partnership ,against ,terrorism established pursuant to section #baa of the ,,safe ,port ,act 7#f ,u4,s4,c4 #ifa71 including adding additional personnel for such programs1 along the northern border and southern border1 including the following programs3 7,a7 ,the ,business ,anti-,smuggling ,coalition4 7,b7 ,the ,carrier ,initiative ,program4 7,c7 ,the ,americas ,counter ,smuggling ,initiative4 7,d7 ,the ,container ,security ,initiative established pursuant to section #bje of the ,,safe ,port ,act 7#f ,u4,s4,c4 #ide74 7,e7 ,the ,free and ,secure ,trade ,initiative4 7,f7 ,other industry partnership programs administered by the ,commissioner4 7#b7 ,southern border demonstration program ,not later than #ahj days after the date of enactment of this ,act1 the ,commissioner shall implement1 on a demonstration basis1 at least #a ,customs-,trade ,partnership ,against ,terrorism program1 which has been successfully implemented along the northern border1 along the southern border4 7b7 ,demonstration program ,not later than #ahj days after the date of enactment of this ,act1 the ,commissioner shall establish a demonstration program to develop a cooperative trade security system to improve supply chain security4 #adh4 ,authorization of appropriations 7a7 ,in general ,in addition to any funds otherwise available1 there are authorized to be appropriated such sums as may be necessary for the fiscal years #bjae through #bjai to carry out this subtitle4 7b7 ,international agreements ,amounts appropriated pursuant to the authorization of appropriations in subsection 7a7 may be used for the implementation of projects described in the ,declaration on ,embracing ,technology and ,cooperation to ,promote the ,secure and ,efficient ,flow of ,people and ,commerce across our ,shared ,border between the ,united ,states and ,mexico1 agreed to ,march #bb1 #bjjb1 ,monterrey1 ,mexico or the ,smart ,border ,declaration between the ,united ,states and ,canada1 agreed to ,december #ab1 #bjja1 ,ottawa1 ,canada that are consistent with the provisions of this subtitle4 ,b ,detention #aea4 ,definitions ,in this subtitle3 7#a7 ,detention ,the term detention1 in the context of an immigration-related enforcement activity1 means government custody or any other deprivation of an individual's freedom of movement by government agents4 7#b7 ,detention facility ,the term detention facility means any ,federal1 ,state1 local government facility1 or privately owned and operated facility that is used to hold immigration detainees for more than #gb hours4 7#c7 ,short-term detention facility ,the term short-term detention facility means any ,federal1 ,state1 local government facility1 or privately owned and operated facility that is used to hold immigration detainees for #gb hours or less4 7#d7 ,immigration-related enforcement activity ,the term immigration-related enforcement activity means any government action in which-- 7,a7 an individual suspected of an immigration violation is detained for such violation2 or 7,b7 an individual who has been detained by government agents is questioned about possible immigration violations4 7#e7 ,secure alternatives programs ,the term secure alternatives means custodial or non-custodial programs under which aliens are screened and provided with appearance assistance services or placed in supervision programs as needed to ensure they appear at all immigration interviews1 appointments and hearings4 7#f7 ,unaccompanied alien children ,the term unaccompanied alien child or children shall be defined as found in section #dfb7;g7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;g774 7#g7 ,apprehension ,the term apprehension1 in the context of an immigration enforcement related activity1 means government detention1 arrest1 or custody1 or any significant deprivation of an individuals freedom of action by government officials or entities acting under agreement with the ,department of ,homeland ,security for suspicion of violations under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7#h7 ,,ssa ,the term ,,ssa means the appropriate ,state or local service agency1 including relevant nongovernmental organizations1 child welfare agencies1 child protective service agencies1 school and head start administrators1 mental health and legal service providers1 and hospitals4 #aeb4 ,detention conditions 7a7 ,in general ,the ,secretary shall-- 7#a7 ensure that all detainees are treated humanely and granted the protections described in this section2 and 7#b7 comply with the minimum requirements set forth in this section4 7b7 ,quality of medical care 7#a7 ,right to medical care ,each detainee has the right to-- 7,a7 prompt and adequate medical care1 designed to ensure continuity of care1 at no cost to the detainee2 7,b7 care to address medical needs that existed prior to detention2 and 7,c7 primary care1 emergency care1 chronic care1 prenatal care1 dental care1 eye care1 mental health care1 and other medically necessary specialized care4 7#b7 ,screenings and examinations ,each detainee shall receive-- 7,a7 a comprehensive medical1 dental1 and mental health intake screening1 including screening for sexual abuse or assault by a licensed health care professional upon arrival at a detention facility or short-term detention facility2 and 7,b7 a comprehensive medical and mental health examination by a licensed health care professional not later than #ad days after the detainee's arrival at a detention facility4 7#c7 ,medications and treatment 7,a7 ,prescriptions ,each detainee taking prescribed medications prior to detention shall be allowed to continue taking such medications1 on schedule and without interruption1 until and unless a licensed health care professional examines the immigration detainee and decides upon an alternative course of treatment4 ,detainees who arrive at a detention facility without prescription medications and report being on such medications shall be evaluated by a qualified health care professional not later than #bd hours after arrival4 ,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 records4 7,b7 ,psychotropic medication ,medication may not be forcibly administered to a detainee to facilitate transport1 removal1 or otherwise to control the detainee's behavior4 ,involuntary psychotropic medication may only be used1 to the extent authorized by applicable law1 in emergency situations after a physician has personally examined the detainee and determined that-- 7i7 the detainee is imminently dangerous to self or others due to a mental illness2 and 7ii7 involuntary psychotropic medication is medically appropriate to treat the mental illness and necessary to prevent harm4 7,c7 ,treatment ,each detainee shall be provided medically necessary treatment1 including prenatal care1 prenatal vitamins1 hormonal therapies1 and birth control4 ,female detainees shall be provided with adequate access to sanitary products4 7#d7 ,medical care decisions ,any decision regarding requested medical care for a detainee-- 7,a7 shall be made in writing by an on-site licensed health care professional not later than #gb hours after such medical care is requested2 and 7,b7 shall be immediately communicated to the detainee4 7#e7 ,administrative appeals process 7,a7 ,in general ,detention facilities1 in conjunction with the ,department of ,homeland ,security1 shall ensure that detainees1 medical providers1 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 board4 7,b7 ,appeals board ,the appeals board shall include health care professionals in the fields relevant to the request for medical or mental health care4 7,c7 ,decision ,not later than #g days after an appeal is received by the appeals board under this paragraph1 or earlier if medically necessary1 the appeals board shall issue a written decision regarding the appeal and notify the detention facility and the appellee of such decision4 7#f7 ,review of on-site medical provider requests 7,a7 ,in general ,the ,secretary shall respond within #gb hours to any request by an on-site medical provider for authorization to provide medical or mental health care to a detainee4 7,b7 ,written explanation ,if the ,secretary denies or fails to grant a request described in subparagraph 7,a71 the ,secretary shall immediately provide a written explanation of the reasons for such decision to the on-site medical provider and the detainee4 7,c7 ,appeals board ,the on-site medical provider and the detainee 7or the detainee's legally appointed advocate7 shall be permitted to appeal the denial of1 or failure to grant1 a request described in subparagraph 7,a7 to an independent appeals board4 7,d7 ,decision ,not later than #g days after an appeal is received by the appeals board under this paragraph1 or earlier if medically necessary1 the appeals board shall issue a written decision regarding the appeal and notify the on-site medical provider1 the detainee1 and the detention facility of such decision4 7#g7 ,conditional release 7,a7 ,in general ,if a licensed health care professional determines that a detainee has a medical or mental health care condition1 is pregnant1 or is a nursing mother1 the ,secretary shall consider releasing the detainee on parole1 on bond1 or into a secure alternatives program4 7,b7 ,reevaluation ,if a detainee described in subparagraph 7,a7 is not initially released under this paragraph1 the ,secretary shall periodically reevaluate the situation of the detainee to determine if such a release would be appropriate4 7,c7 ,discharge planning ,upon removal or release1 all detainees with medical or mental health conditions and women who are pregnant1 post-natal1 and nursing mothers shall receive discharge planning to ensure continuity of care for a reasonable period of time4 7#h7 ,medical records 7,a7 ,in general ,the ,secretary shall maintain complete1 confidential medical records for every detainee and make such records available to a detainee or to individuals authorized by the detainee not later than #gb hours after receiving a request for such records4 7,b7 ,transfer of medical records ,immediately upon a detainee's transfer between detention facilities1 the detainee's complete medical records1 including any transfer summary1 shall be provided to the receiving detention facility4 7c7 ,access to telephones ,detention facilities shall provide to detainees reasonable and equitable access to working telephones1 and the ability to contact1 through confidential toll-free numbers1 legal representatives1 family courts1 child protective services1 foreign consulates1 the immigration courts1 ,federal and ,state courts in which the detainee is1 or may become1 involved in a legal proceeding1 the ,board of ,immigration ,appeals1 nongovernmental organizations designated by the ,secretary1 all government immigration agencies and adjudicatory bodies including the ,office of the ,inspector ,general of the ,department of ,homeland ,security and the ,office for ,civil ,rights and ,civil ,liberties of the ,department of ,homeland ,security1 in addition to persons and offices contacted for the purpose of obtaining legal representation4 ,detention facilities shall provide to detainees access to telephones during facility working hours and on an emergency basis in accordance with the following3 7#a7 ,the detention facility shall provide to each detainee a copy of its rules governing telephone access and shall post those rules1 together with an explanation of how to make calls1 within sight of each telephone available to detainees4 ,these rules shall be translated into ,spanish and two additional languages spoken by a substantial part of the detainee population of the detention facility4 ,if a detention facility has determined that more than #e percent of its population is of a certain language group1 the document should be translated into that language group's appropriate language4 ,the detention facility shall also provide oral interpretation and written translation assistance to detainees in reading any relevant materials required to request telephone access1 including oral interpretation assistance for those who are not literate in ,english1 ,spanish1 and other languages spoken by the detainee population of the facility4 7#b7 ,the rates charged for telephone calls shall be reasonable and equitable and shall not significantly impair detainees' access to telephones4 7#c7 ,the detention facility shall not restrict the number of calls detainees may place to their legal representatives or consular officials1 or to any others for the purpose of obtaining legal representation1 or limit the duration of those calls by rule or automatic cut-off1 unless necessary for security reasons4 ,the detention facility shall have a reasonable number of working phones available to detainees1 and at a minimum one phone per each #be users4 7#d7 ,the detention facility shall ensure the privacy of telephone conversations between detainees and legal representatives or consular officials1 and calls made for the purpose of obtaining legal representation4 ,means to ensure privacy may include the use of privacy panels1 the placement of phones in housing pods1 and other appropriate measures4 7#e7 ,detainees' telephone calls to a court1 legal representative1 or consular official1 or for the purpose of obtaining legal representation1 shall not be monitored or recorded without a court order and without prior notification to the detainee4 7#f7 ,the detention facility shall take and deliver telephone messages to detainees as promptly as possible1 but no less often than twice a day4 ,detainees shall be permitted to make confidential telephone calls promptly within #h hours of receipt of messages left by a court1 legal representative1 prospective legal representative1 or consular official as soon as reasonably possible after the delivery of the message4 7d7 ,sexual abuse regulations concerning care and custody of detainees 7#a7 ,in general ,detention facilities shall take all necessary measures to prevent sexual abuse of detainees1 including sexual assaults1 and shall observe the minimum standards under the ,prison ,rape ,elimination ,act of #bjjc 7#db ,u4,s4,c4 #aefja et seq474 7#b7 ,measures where abuse occurs ,where sexual abuse occurs1 detention facilities shall ensure that-- 7,a7 prompt and appropriate medical intervention is taken to minimize medical and psychological trauma2 7,b7 a medical history is taken and a physical examination is conducted by qualified and culturally appropriate licensed medical professionals to determine the extent of physical injury and whether referral to another medical facility is indicated2 7,c7 prophylactic treatment and follow-up for sexually transmitted diseases are provided within the appropriate timeframe2 7,d7 the case is evaluated by a qualified and culturally appropriate mental health professional for crisis intervention counseling and long-term follow-up2 7,e7 victims are separated from their abusers and are considered for release on parole or for an alternative to detention program-- 7i7 shall not result in the transfer of the victim away from counsel absent exceptional circumstances2 and 7ii7 shall never result in the placement of the victim in solitary confinement2 and 7,f7 any and all medical and mental health records arising out of a detainee's allegation of sexual abuse shall be treated as confidential1 as required by the ,health ,insurance ,portability and ,accountability ,act of #aiif4 7#c7 ,reporting ,a detention facility shall not subject any person to punishment or any other form of retaliation for reporting incidents of sexual abuse4 7#d7 ,investigation ,in all cases of alleged sexual abuse1 the detention facility shall conduct a thorough and timely investigation and shall provide to the ,secretary of ,homeland ,security a report of the circumstances and the response of the detention facility4 ,if the report is not completed within #cj days after alleged sexual abuse comes to the attention of the detention facility1 the detention facility shall submit to the ,secretary of ,homeland ,security a description of the status of the investigation and an estimated date of completion #cj days after the alleged sexual abuse comes to the attention of the detention facility and every #cj days thereafter until the report is provided to the ,secretary of ,homeland ,security4 ,the report required by this subsection shall include at minimum a determination of whether the alleged sexual abuse occurred1 an in-depth analysis of the relevant facts including the causes of any sexual abuse that may have occurred and whether and to what extent the alleged abuse indicates a failure of policy1 a failure of training1 a failure of oversight1 or a failure of management1 and a description of the actions that the facility will take to prevent the occurrence of similar incidents in the future and a plan for monitoring the implementation of those actions4 ,the detention facility shall provide to the ,secretary of ,homeland ,security periodic reports monitoring the implementation of the plan in accordance with the schedule set forth in such plan as approved by the ,secretary of ,homeland ,security4 7e7 ,transfer of detainees 7#a7 ,procedures ,in adopting procedures governing the transfer of individuals detained under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf71 the ,secretary of ,homeland ,security shall prohibit transfer of a detainee if such transfer would-- 7,a7 negatively affect an existing attorney-client relationship2 7,b7 negatively affect the detainee's legal proceedings1 including merits or calendar hearings1 or a pending application with ,united ,states ,citizenship and ,immigration ,services or the ,executive ,office for ,immigration ,review1 by-- 7i7 limiting the detainee's access to securing legal representation2 7ii7 limiting the detainee's ability to prepare a legal defense to removal2 or 7iii7 removing the detainee from the legal venue of such proceeding2 7,c7 negatively affect the detainee's health and medical fitness2 or 7,d7 to the extent it does not conflict with clauses 7i71 7ii71 and 7iii7-- 7i7 place the detainee in a location more distant from the detainee's residence than the original detention location2 or 7ii7 place the detainee in a location more distant from family members than the original detention location4 7#b7 ,notice ,unless exigent circumstances dictate an immediate transfer-- 7,a7 the ,secretary of ,homeland ,security shall provide not less than #gb hours notice to any detainee prior to transferring the detainee to another detention facility2 7,b7 detainees shall be afforded at least one toll-free call and the ,secretary of ,homeland ,security shall notify the detainee's legal representative or if unrepresented1 an adult family member or other person designated by the detainee1 of the transfer and the detainee's new location by telephone and in writing2 7,c7 if removal proceedings are pending1 the ,secretary of ,homeland ,security shall also promptly notify the ,immigration ,court1 ,board of ,immigration ,appeals1 or the ,circuit ,court of ,appeals1 as appropriate of the transfer and the detainee's new address2 and 7,d7 the ,secretary of ,homeland ,security shall not transfer any detainee who has already requested1 and is awaiting1 a bond hearing or a bond redetermination hearing4 7#c7 ,exception ,the ,secretary may transfer a detainee who has an existing attorney-client relationship to an alternate detention facility if such transfer is necessitated by a highly unusual emergency1 such as a natural disaster or comparable emergency4 7#d7 ,protecting detainees legal rights ,if the ,secretary determines that a transfer is necessary due to a highly unusual emergency1 the ,secretary shall ensure that the detainee's legal rights are not prejudiced and the existing attorney-client relationship is not impaired1 including evaluating the location of the detention facility based on it proximity to the detainee's counsel or nongovernmental or pro bono organizations providing free or low cost immigration legal services4 7#e7 ,record ,in cases in which a detainee is transferred1 the ,secretary shall make a record of the reasons and circumstances necessitating such transfer4 #aec4 ,specific detention requirements for short-term detention facilities 7a7 ,access to basic needs1 people1 and property 7#a7 ,basic needs ,all detainees in short-term detention facilities shall receive-- 7,a7 potable water2 7,b7 food1 if detained for more than #e hours2 7,c7 basic toiletries1 diapers1 sanitary products1 and blankets2 7,d7 access to bathroom facilities2 and 7,e7 access to telephones4 7#b7 ,people ,the ,secretary shall provide consular officials with access to detainees held at any short-term detention facility4 ,detainees shall be afforded reasonable access to a licensed health care professional4 ,the ,secretary shall ensure that nursing mothers in such facilities have access to their children4 7#c7 ,property ,any property belonging to a detainee that was confiscated by an official of the ,department of ,homeland ,security shall be returned to the detainee upon repatriation or transfer4 7b7 ,protections for children 7#a7 ,qualified staff ,the ,secretary shall ensure that adequately trained and qualified staff are stationed at each major port of entry at which1 during the most recent #b fiscal years1 an average of not fewer than #ej unaccompanied alien children per year have been held by ,united ,states ,customs and ,border ,protection1 such staff shall include-- 7,a7 independent licensed social workers dedicated to ensuring the proper temporary care for the children while in the custody of ,united ,states ,customs and ,border ,protection2 and 7,b7 agents charged primarily with the safe1 swift1 and humane transportation of such children to the custody of the ,office of ,refugee ,resettlement4 7#b7 ,specific rights ,the social workers described in paragraph 7#a77;,a7 shall ensure that each unaccompanied alien child-- 7,a7 receives emergency medical care2 7,b7 receives mental health care in case of trauma2 7,c7 has access to psychosocial health services2 7,d7 is provided with-- 7i7 a pillow1 linens1 and sufficient blankets to rest at a comfortable temperature2 and 7ii7 a bed and mattress placed in an area specifically designated for residential use2 7,e7 receives adequate nutrition2 7,f7 enjoys a safe and sanitary living environment2 7,g7 receives educational materials2 and 7,h7 has access to at least #c hours of indoor and outdoor recreational programs and activities per day4 7c7 ,confidentiality 7#a7 ,in general ,the ,secretary of ,health and ,human ,services shall maintain the privacy and confidentiality of all information gathered in the course of providing care1 custody1 placement1 and follow-up services to unaccompanied alien children and separated children as defined in section #afd7;c71 consistent with the best interest of such children1 by not disclosing such information to other government agencies or nonparental third parties1 except as provided under paragraph 7#b74 7#b7 ,limited disclosure of information ,the ,secretary may only disclose information regarding an unaccompanied alien child if-- 7,a7 the child authorizes such disclosure and such is consistent with the child's best interest2 or 7,b7 the disclosure is to a duly recognized law enforcement entity and is necessary to prevent imminent and serious harm to another individual4 7#c7 ,written record ,all disclosures under paragraph 7#b7 shall be duly recorded in writing and placed in the child's file4 #aed4 ,rulemaking and enforcement 7a7 ,regulations 7#a7 ,notice of proposed rulemaking ,not later than #fj days after the date of the enactment of this ,act1 the ,secretary shall issue a notice of proposed rulemaking regarding the implementation of this ,act4 7#b7 ,final regulations ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall promulgate regulations1 which shall be binding upon all detention facilities and short-term detention facilities1 to ensure that the detention requirements under sections #adb and #adc are fully implemented and enforced and that all facilities comply with the regulations4 7b7 ,enforcement 7#a7 ,in general ,the ,secretary shall enforce all regulations and standards promulgated under subsection 7a74 ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall issue guidance to detention facilities and short-term detention facilities to ensure compliance with all the detention requirements under sections #adb and #adc4 7#b7 ,investigation 7,a7 ,grievances ,each detainee has the right to file grievances with the staff of detention facilities1 short-term detention facilities1 and the ,department of ,homeland ,security1 and shall be protected from retaliation for exercising such right4 7,b7 ,review ,the ,secretary shall-- 7i7 review any grievance or other complaint containing evidence that a detention facility or short-term detention facility has violated any requirement under this ,act2 7ii7 issue a determination in writing to the complainant indicating the ,secretary's findings regarding the alleged violation not later than #cj days after receiving such complaint2 7iii7 remedy any violation not later than #cj days after issuing a determination under clause 7ii72 and 7iv7 promptly advise the complainant of the remedy referred to in clause 7iii74 7,c7 ,written response ,if the ,secretary issues a written response under subparagraph 7,b77ii7 indicating that no violation has occurred1 such response shall constitute final agency action for the purposes of section #gjb of title #e1 ,united ,states ,code4 7#c7 ,penalties ,the ,secretary shall enforce compliance with the detention requirements under sections #adb and #adc by-- 7,a7 imposing financial penalties upon detention facilities and short-term detention facilities that are not in compliance with such requirements2 and 7,b7 terminating the contracts of such facilities if such noncompliance persists4 7#d7 ,compliance officer 7,a7 ,designation ,each detention facility and short-term detention facility shall designate an officer to ensure compliance with the provisions of this ,act4 7,b7 ,duties ,each officer designated under subparagraph 7,a7 shall-- 7i7 investigate all evidence pertaining to a violation of this ,act2 and 7ii7 if a violation is identified1 remedy the violation within #cj days4 7,c7 ,judicial review ,a detainee may not seek judicial review of the detention facility's determination until after the passage of the #cj-;day period1 except where irreparable harm would result4 7c7 ,rule of construction ,nothing in this section may be construed to preclude review of noncompliance with this ,act under-- 7#a7 section #acca or #bbda of title #bh1 ,united ,states ,code2 or 7#b7 section #aigi of the ,revised ,statutes 7#db ,u4,s4,c4 #aihc74 7d7 ,punitive damages ,no individual may seek punitive damages for any violation under this ,act4 #aee4 ,immigration ,detention ,commission 7a7 ,appointment ,the ,secretary shall appoint and convene an ,immigration ,detention ,commission 7referred to in this section as the ,commission71 which shall be comprised of-- 7#a7 experts from ,united ,states ,immigration and ,customs ,enforcement1 ,united ,states ,customs and ,border ,protection1 the ,office of ,refugee ,resettlement1 and the ,division of ,immigration ,health ,services of the ,department of ,health and ,human ,services2 and 7#b7 independent experts1 in a number equal to the number of experts appointed under paragraph 7#a71 from nongovernmental organizations and intergovernmental organizations with expertise in working on behalf of detainees and other vulnerable populations4 7b7 ,duties ,the ,commission shall conduct independent investigations1 and evaluate and report on the compliance of detention facilities1 short-term detention facilities1 and the ,department of ,homeland ,security with the detention requirements under sections #adb and #adc4 7c7 ,biennial reports ,not later than #fj days after the end of the first fiscal year beginning after the date of the enactment of this ,act1 and every #b years thereafter1 the ,commission shall submit a report containing the findings of its investigations and evaluations under subsection 7b7 to-- 7#a7 the ,committee on the ,judiciary of the ,senate2 7#b7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7#c7 the ,committee on the ,judiciary of the ,house of ,representatives2 and 7#d7 the ,committee on ,homeland ,security of the ,house of ,representatives4 #aef4 ,death in custody reporting requirement 7a7 ,in general ,if an individual dies while in the custody of the ,department of ,homeland ,security or en route to or from such custody-- 7#a7 the supervising official at the detention facility or short-term detention facility at which the death took place shall immediately notify the ,secretary of such death2 and 7#b7 not later than #dh hours after receiving a notification under paragraph 7#a71 the ,secretary shall report the death to-- 7,a7 the ,office of the ,inspector ,general of the ,department of ,homeland ,security2 and 7,b7 the ,department of ,justice4 7b7 ,morbidity and ,mortality ,review ,the ,department of ,homeland ,security shall complete an investigation of each detainee death that shall be conducted consistent with established medical practice for morbidity and mortality reviews and examine both individual and systemic contributors to the death4 ,the investigation shall be conducted by a panel of physicians with experience in morbidity and mortality reviews and shall include the medical staff of the facility or facilities that cared for the deceased detainee1 physicians from within the ,department1 and independent physicians not affiliated with the ,department or facility4 ,the panel shall complete a report and corrective action plan in each case4 7c7 ,report to ,congress ,not later than #fj days after the end of each fiscal year1 the ,secretary shall submit a report containing detailed information regarding all the deaths of individuals in the custody of the ,department of ,homeland ,security during the preceding fiscal year to the committees set forth in section #aee7;c74 7d7 ,contents ,the reports submitted under subsection 7a77#b7 and subsection 7c7 shall include-- 7#a7 the name1 gender1 race1 ethnicity1 and age of the deceased2 7#b7 the date1 time1 and location of death2 7#c7 the law enforcement agency that detained1 arrested1 or was in the process of arresting the deceased2 7#d7 a description of the circumstances surrounding the death2 7#e7 the status and results of any investigation that has been conducted into the circumstances surrounding the death2 and 7#f7 all medical records of the deceased4 #aeg4 ,protection of community-based organizations1 faith-based organizations and other institutions 7a7 ,in general ,the ,secretary shall issue regulations requiring officials of the ,department of ,homeland ,security to-- 7#a7 prohibit the apprehension of persons on the premises or in the immediate vicinity of-- 7,a7 a childcare provider2 7,b7 a school2 7,c7 a legal-service provider2 7,d7 a ,federal court or ,state court proceeding2 7,e7 an administrative proceeding2 7,f7 a funeral home2 7,g7 a cemetery2 7,h7 a college1 university1 or community college2 7,i7 a victim services agency2 7,j7 a social service agency2 7,k7 a hospital or emergency care center2 7,l7 a health care clinic2 7,m7 a place of worship2 7,n7 a day care center2 7,o7 a head start center2 7,p7 a school bus stop2 7,q7 a recreation center2 7,r7 a mental health facility2 and 7,s7 a community center2 and 7#b7 tightly control investigative operations at the locations described in paragraph 7#a74 7b7 ,notice ,to appear ,the ,secretary shall amend the ,notice to ,appear form to include a statement that no immigration enforcement activity was undertaken in any of the locations described in subsection 7a77#a74 #aeh4 ,apprehension procedures for immigration-related enforcement activities 7a7 ,in general ,any immigration-related enforcement activity engaged in by the ,department of ,homeland ,security or by other entities under agreement with the ,department of ,homeland ,security for alleged violations under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq471 which results in the apprehension of at least #a alien shall be carried out in accordance with the procedures described in this section4 7b7 ,apprehension procedures ,the ,department of ,homeland ,security and entities under agreement with the ,department of ,homeland ,security shall-- 7#a7 conduct an initial review of each individual apprehended in an immigration-related enforcement activity to ascertain whether such individual may be a ,united ,states citizen1 a lawful permanent resident of the ,united ,states1 or an alien lawfully present in the ,united ,states2 7#b7 if an individual claims to be a ,united ,states citizen1 a lawful permanent resident of the ,united ,states1 or an alien lawfully present in the ,united ,states1 ensure that personnel of the ,department of ,homeland ,security or personnel under agreement with the ,department of ,homeland ,security investigates the individual's claims and considers the individual for release under section #afj7;c72 7#c7 notify ,s,s,as of such immigration-related enforcement activity not later than #bd hours before the commencement of such activity1 specifically notifying the ,s,s,as of-- 7,a7 the specific area of the ,state that will be affected2 and 7,b7 the languages anticipated may be spoken by individuals at the targeted site2 7#d7 if such immigration-related enforcement activities cannot be planned more than #bd hours in advance1 notify ,s,s,as in a timely fashion before the activity commences or1 if this is not possible1 immediately following the commencement of such activity2 7#e7 provide ,s,s,as with ongoing confidential access to individuals apprehended by the ,department of ,homeland ,security or any entity operating under agreement with the ,department of ,homeland ,security within six hours of the individual's apprehension1 to assist the ,department of ,homeland ,security in determining if he or she is a member of a vulnerable population as described in section #afj7;a77#b72 7#f7 notify local law enforcement of the specific area of the ,state that will be affected by such immigration-related enforcement activity not later than #bd hours before the commencement of such activity or1 if such immigration-related enforcement activity cannot be planned more than #bd hours in advance1 notify local law enforcement in a timely fashion before the activity commences1 or if this is not possible1 immediately following the commencement of such activity2 7#g7 provide all ,department of ,homeland ,security personnel1 personnel from entities under agreement with the ,department of ,homeland ,security participating1 ,s,s,as1 and medical personnel with detailed instructions on what steps to take if they encounter individuals who are a member of a vulnerable population2 7#h7 ensure that not fewer than one independent certified interpreter who is fluent in ,spanish or any language other than ,english spoken by more than #e percent of the target population of the immigration-related enforcement activity is available for in-person translation for every #e individuals targeted by an immigration-related enforcement activity1 and that the ,department of ,homeland ,security and entities operating under agreement with the ,department of ,homeland ,security utilize appropriate translation services where interpreters cannot or have not been retained prior to commencement of an immigration-related enforcement activity2 7#i7 permit nonprofit legal service providers1 organizations1 and attorneys to offer free legal services to individuals subject to an immigration-related enforcement activity at the time of the apprehension of such individuals2 and 7#aj7 permit access to a telephone within #f hours after an individual is detained4 #aei4 ,protections against unlawful detentions of ,united ,states citizens 7a7 ,notifications 7#a7 ,in general ,prior to questioning an individual who has been detained on the basis of a suspected immigration violation or has been detained during an immigration-related enforcement activity1 a ,department of ,homeland ,security or other officer must first advise the detainee1 in the language spoken by the detainee that-- 7,a7 the detainee has the right to be represented by counsel at no expense to the ,federal ,government2 7,b7 the detainee may remain silent2 and 7,c7 any statement made by the detainee may be used against the detainee in a subsequent removal or criminal proceeding4 7#b7 ,effect of violation ,any evidence obtained by an officer from a detainee in violation of paragraph 7#a7 may not be-- 7,a7 admissible in a removal proceeding against the detainee2 or 7,b7 used to confirm that the detainee is a noncitizen for purposes of issuing an immigration detainer4 7b7 ,legal orientation program 7#a7 ,in general ,the ,attorney ,general1 in consultation with the ,secretary1 shall ensure that all detained aliens who are in1 or may be subject to1 detention by the ,department of ,homeland ,security1 ,immigration and ,customs ,enforcement1 and who are1 or may be1 in ,,eoir ,immigration ,court proceedings pursuant to sections #bce1 #bch1 #bdj1 and #bda of the ,immigration and ,nationality ,act receive legal orientation through a program administered and implemented by the ,executive ,office of ,immigration ,review of the ,department of ,justice4 7#b7 ,content of the program ,the legal orientation program developed pursuant to this section shall be based on the ,legal ,orientation ,program carried out by the ,executive ,office for ,immigration ,review on the date of the enactment of this ,act4 7#c7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out such legal orientation program4 7c7 ,access to counsel 7#a7 ,in general ,an individual who is subject to or detained during an immigration-related enforcement activity may be represented by legal counsel at any time4 7#b7 ,list of free legal services ,the examining officer shall1 in the language spoken by the individual being detained-- 7,a7 provide the individual1 prior to transferring the individual from the point of apprehension to the detention facility for an immigration-related violation with a list of available free or low-cost legal services provided by organizations and attorneys that are located in the region in which the arrest occurred2 and 7,b7 certify on the ,notice to ,appear issued to such individual that such a list was provided to the individual4 7#c7 ,amendment ,section #bcf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7 is amended-- 7,a7 by redesignating subsection 7e7 as subsection 7l72 7,b7 by redesignating subsections 7b71 7c71 7d71 and 7e7 as subsections 7f71 7g71 and 7h71 and 7i7 respectively2 and 7,c7 by inserting before subsection 7l71 as redesignated1 the following3 7k7 ,right of access to counsel ,an individual may be represented by counsel of the individual's choosing while being subject to any immigration-related enforcement activity1 including-- 7#a7 interviews2 7#b7 processing appointments2 7#c7 booking or intake questions2 7#d7 hearings2 and 7#e7 any procedure that may result in a conclusion that the detainee will be detained or removed from the ,united ,states4 4 7d7 ,representation of disabled aliens2 access to counsel ,the ,attorney ,general shall ensure that any alien with a legal1 mental or physical disability that prevents him from meaningfully representing himself in proceedings shall have counsel1 including counsel appointed by the ,attorney ,general at the expense of the ,government4 7e7 ,notice 7#a7 ,amendment ,section #bcf of such ,act1 as amended by subsection 7b77#c71 is further amended by inserting before subsection 7k71 the following3 7j7 ,notice and charges 7#a7 ,in general ,not later than #dh hours after the commencement of a detention of an individual under this section1 the ,secretary of ,homeland ,security shall-- 7,a7 file a ,notice to ,appear or other relevant charging document with the immigration court closest to the location at which the individual was apprehended2 and 7,b7 serve such notice or charging document on the individual4 7#b7 ,custody determination ,any individual who is detained under this section for more than #dh hours shall be brought before an immigration judge for a custody determination not later than #gb hours after the commencement of such detention unless the individual waives the right in accordance with paragraph 7#c74 7#c7 ,waiver ,the requirements of this subsection may be waived for not more than #g days if the detainee-- 7,a7 enters into a written agreement with the ,department of ,homeland ,security to waive such requirements2 and 7,b7 is prima facie eligible for immigration benefits or demonstrates prima facie eligibility for a defense against removal4 4 7#b7 ,applicability of other law ,nothing in section #bcf7;f7 of the ,immigration and ,nationality ,act1 as added by paragraph 7#a71 may be construed to repeal section #bcf;,a of such ,act 7#h ,u4,s4,c4 #abbf;a74 7f7 ,issuance of detainers 7#a7 ,in general ,section #bhg7;d7 is amended by adding at the end the following3 ,the alien and his or her attorney in the criminal proceeding shall be provided with a written notice of the detainer indicating the intention of the ,secretary to assume custody of the alien upon completion of the pending criminal proceedings4 ,the written notice shall include information about the specific basis for issuing the detainer and instructions about how individuals can challenge a detainer lodged in error4 ,where the ,state or ,federal criminal court has granted pre-trial release1 and the alien has complied with conditions of such release1 ,,dhs shall not take custody of the alien until resolution of the pending criminal charges4 ,the existence of a detainer shall not be used as a basis for denying pre-trial release4 ,this section is the sole authority for issuance of immigration detainers44 7#b7 ,rulemaking ,the ,secretary shall issue regulations that require officials of the ,department of ,homeland ,security to confirm1 before issuing a detainer1 the alienage of the individual to be made subject to such detainer4 ,the regulations shall require officials of the ,department of ,homeland ,security to confirm-- 7,a7 the alienage of an individual through lawfully obtained information1 including the name of the individual2 the date of birth of the individual2 or the fingerprints of the individual2 and 7,b7 whether the individual is removable from the ,united ,states4 7#c7 ,data collection ,the ,secretary of ,homeland ,security shall collect data regarding detainers issued under section #bhg7;d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aceg7;d77 including-- 7,a7 the criminal charge for which the individual was arrested and_/or convicted2 7,b7 the date the detainer was issued2 7,c7 the basis for issuance of the detainer2 7,d7 the date7s7 the detainer was lifted2 7,e7 the date7s7 of release of the individual ordered by a ,state or ,federal criminal court or other government entity2 7,f7 the date that ,,dhs took custody of the individual2 7,g7 the race and ethnicity and country of origin of the individual against whom the detainer was issued2 7,h7 the disposition of criminal case2 7,i7 the ultimate disposition of immigration case or whether individual was discovered to be a ,united ,states citizen2 7,j7 the grounds of removal if applicable and any charges brought by the ,secretary2 and 7,k7 the number of individuals removed after the ,secretary took custody while any criminal matter was still pending4 7#d7 ,report on detainers ,on a yearly basis beginning one year after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall report the results of the ,secretary's data collection to the ,department of ,homeland ,security ,inspector ,general1 the ,department of ,justice ,civil ,rights ,division1 ,congress1 and the ,department of ,homeland ,security ,office of ,civil ,rights and ,civil ,liberties for purposes of ascertaining the extent to which detainers are erroneously lodged against individuals who are ,united ,states citizens or not deportable1 how often individuals remain in detention unlawfully past the expiration of the detainer1 whether detainers are lodged disproportionately against certain ethnicities1 whether the lodging of detainers results in longer incarceration times1 and whether detainers are lodged for an investigatory purpose to investigate criminal activity instead of placing individuals in removal proceedings4 7#e7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this section for each of fiscal years #bjad through #bjah to carry out this section4 #afj4 ,basic protections for vulnerable populations 7a7 ,vulnerable populations 7#a7 ,in general ,not later than #dh hours after the commencement of an immigration-related enforcement activity1 the ,department of ,homeland ,security shall screen each detainee to determine whether the detainee is a member of a vulnerable population4 7#b7 ,vulnerable populations ,a member of a vulnerable population includes any of the following3 7,a7 ,individuals with a nonfrivolous claim to ,united ,states citizenship4 7,b7 ,individuals who have a disability or have been determined by a medically trained professional to have medical or mental health needs4 7,c7 ,pregnant or nursing women4 7,d7 ,individuals who are detained with #a or more of their children1 and their detained children4 7,e7 ,individuals who provide financial1 physical1 and other direct support to their minor children1 parents1 or other dependents4 7,f7 ,individuals who are at least #fe years of age4 7,g7 ,children 7as defined in section #aja7;b77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;b77#a7774 7,h7 ,victims of abuse1 violence1 crime1 or human trafficking4 7,i7 ,individuals who have been referred for a credible fear interview1 a reasonable fear interview1 or an asylum hearing4 7,j7 ,stateless individuals4 7,k7 ,individuals who have applied or intend to apply for asylum1 withholding of removal1 or protection under the ,convention ,against ,torture and ,other ,cruel1 ,inhuman or ,degrading ,treatment or ,punishment1 done at ,new ,york1 ,december #aj1 #aihd1 and entered into force ,june #bf1 #aihg4 7,l7 ,individuals who make a prima facie case for eligibility for relief under any provision of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq471 including returning lawful permanent residents4 7,m7 ,any group designated by the ,secretary as a vulnerable population4 7b7 ,options regarding detention decisions for vulnerable populations ,section #bcf of the ,immigration and ,nationality ,act1 as amended by this ,act1 is further amended-- 7#a7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a71 by striking 7c7 and inserting 7g72 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by striking or at the end2 7ii7 in subparagraph 7,b71 by striking but and inserting or2 and 7iii7 by adding at the end the following3 7,c7 the individual's own recognizance2 2 7,c7 by redesignating paragraph 7#c7 as paragraph 7#d72 and 7,d7 by inserting after paragraph 7#b7 the following3 7#c7 may enroll the alien in a secure alternatives program2 but 2 and 7#b7 by inserting after subsection 7a7 the following3 7b7 ,detention decision standards 7#a7 ,criteria to be considered ,if an alien is not subject to mandatory detention under subsection 7g7 or section #bcf;,a1 the criteria that the ,secretary or the ,attorney ,general shall use to demonstrate that detention of the alien is necessary are the following3 7,a7 ,whether the alien poses a risk to public safety1 including a risk to national security4 7,b7 ,whether-- 7i7 the alien poses a risk of flight2 and 7ii7 there are no conditions of release that will reasonably ensure that the alien will appear for immigration proceedings1 including bond or other conditions of release that reduce the risk of flight4 7#b7 ,exception for mandatory detainees ,the requirements described in paragraph 7#a7 shall not apply if the ,secretary of ,homeland ,security demonstrates by substantial evidence that the alien is subject to detention under subsection 7g74 7c7 ,custody decisions for vulnerable populations 7#a7 ,in general ,not later than #gb hours after an individual is detained under this section 7unless the #gb-;hour requirement is waived in writing by the individual71 an individual who is a member of a vulnerable population 7as defined by section #e7;a77#c7 of the ,protect ,citizens and ,residents from ,unlawful ,detention ,act7 shall be released from the custody of the ,department of ,homeland ,security and shall not be subject to electronic monitoring unless the ,department demonstrates by a preponderance of the evidence that the individual-- 7,a7 is subject to mandatory custody or mandatory detention under subsection 7g7 or section #bcf;,a2 7,b7 poses a risk to the national security of the ,united ,states2 or 7,c7 is a flight risk and the risk cannot be mitigated through supervision in a non-custodial secure alternatives program4 7#b7 ,release ,an individual shall be released from custody under this subsection-- 7,a7 on the individual's own recognizance2 7,b7 by posting a minimum bond under subsection 7a77#b77;a72 or 7,c7 on parole in accordance with section #bab7;d77#e77;,a74 7d7 ,decisions ,to detain aliens 7#a7 ,in general ,all detention decisions under this section shall-- 7,a7 be made in writing by an official of the ,department of ,homeland ,security2 7,b7 specify the reasons for the decision1 if the decision is made to continue the detention without bond or parole2 and 7,c7 be served upon the detainee1 in the language spoken by the alien1 not later than #gb hours after-- 7i7 the commencement of the detention2 or 7ii7 a positive determination of credible fear of persecution or reasonable fear of persecution or torture1 if the detainee is subject to section #bce or #bda7;a77#e74 7#b7 ,redetermination 7,a7 ,request ,any alien detained by the ,department of ,homeland ,security1 at any time after being served with the decision described in paragraph 7#a77;,a71 may request a redetermination of such decision by an immigration judge4 7,b7 ,other decisions ,all custody decisions by the ,secretary of ,homeland ,security shall be subject to redetermination by an immigration judge4 7,c7 ,savings provision ,nothing in this paragraph may be construed to prevent a detainee from requesting a bond redetermination4 7e7 ,secure alternatives programs 7#a7 ,in general ,the ,secretary of ,homeland ,security shall establish secure alternatives programs to ensure public safety and appearances at immigration proceedings4 7#b7 ,contract authority ,the ,secretary shall contract with nongovernmental organizations to conduct screening of detainees1 provide appearance assistance services1 and operate community-based supervision programs4 7#c7 ,individualized determinations ,when deciding whether to use secure alternatives1 the ,secretary shall make an individualized determination and review each case on a monthly basis4 7#d7 ,custody ,if an individual is not eligible for release from custody1 the ,secretary shall consider the alien for placement in secure alternatives that maintain custody over the alien1 including the use of electronic ankle devices4 ,the ,secretary may use secure alternatives programs to maintain custody over any alien detained under this ,act except for aliens detained under section #bcf;,a4 4 #afa4 ,report on protections for vulnerable populations impacted by immigration enforcement activities 7a7 ,requirement for reports ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of ,homeland ,security shall submit a report to ,congress that describes the impact of immigration-related enforcement activities and fugitive operations on ,united ,states citizens1 lawful permanent residents1 individuals otherwise lawfully present in the ,united ,states1 and1 where possible1 undocumented aliens present in the ,united ,states4 7b7 ,content ,the report submitted under subsection 7a7 shall include an assessment of-- 7#a7 the number of individuals apprehended during immigration-related enforcement activities who are children1 ,united ,states citizens1 lawful permanent residents1 lawfully present non-citizens2 7#b7 immigration-related apprehensions at homes1 schools1 school bus stops1 day care centers1 colleges1 places of worship1 hospitals1 health care clinics1 funeral homes1 cemeteries1 victim services agencies1 social services agencies1 head start centers1 recreation centers1 legal service providers1 courts and community centers2 7#c7 apprehensions1 detentions1 and removals of sole caregivers1 primary breadwinners1 pregnant and nursing mothers1 and other vulnerable populations during an immigration-related enforcement activity2 7#d7 the extent to which the ,department of ,homeland ,security cooperates and coordinates with ,state and local law enforcement during immigration-related enforcement activities2 7#e7 the number of immigration-related enforcement apprehensions resulting from cooperation with ,state and local law enforcement2 7#f7 whether apprehended individuals are provided access to a telephone2 7#g7 how quickly apprehended individuals are provided access to a telephone2 7#h7 the manner through which family members of the target population of the immigration-related enforcement activity are notified of their family member's detention2 7#i7 the number of parents1 guardians1 or caregivers of children removed from the ,united ,states2 7#aj7 the number of parents1 guardians1 or caregivers of children removed from the ,united ,states whose children accompany or join them2 7#aa7 the number of parents1 guardians1 or caregivers of children removed from the ,united ,states who are removed without their children2 7#ab7 the number of occasions on which both parents of a particular children are removed from the ,united ,states without their children2 7#ac7 the length of time the parents1 guardians1 or caregivers of children were present in the ,united ,states before their removal from the ,united ,states2 7#ad7 the number of ,united ,states citizen children that remain in the ,united ,states after the removal of a parent1 guardian1 or caregiver2 7#ae7 the number of individuals apprehended determined to be part of a vulnerable population released within specified time limit under section #afj7;c72 7#af7 the length of time between when an individual is determined to be part of a vulnerable population and that individual is released under section #afj7;c72 7#ag7 the methodology of the ,department of ,homeland ,security for notifying agents and entities under agreement with the ,department of ,homeland ,security about standards regarding enforcement actions concerning vulnerable populations and holding them accountable when such standards are violated2 7#ah7 the number of officials of the ,department of ,homeland ,security disciplined for violations during apprehensions and in making detention decisions2 7#ai7 transfers of immigrants during the course of an immigration-related enforcement activity1 including-- 7,a7 whether the immigrants had access to legal counsel before being transferred2 7,b7 whether the immigrant received notice of an impending transfer2 and 7,c7 whether the immigrant was evaluated for vulnerability under section #afj7;a7 before being transferred2 7#bj7 apprehension procedures for immigration-related enforcement activities1 and compliance with screening procedures for vulnerable populations2 7#ba7 recommendations for improving immigration-related enforcement activities and fugitive operations by reducing the negative impact on children and vulnerable populations2 7#bb7 secure alternatives programs1 including the types of programs used1 number of individuals placed in theses programs1 reasons for not placing immigrants that qualify as a member of a vulnerable population as defined in section #afj7;a7 in these programs1 percentage of cases in which adjustment of immigration status is granted1 percentage of cases in which removal is undertaken1 and frequency of absconding2 and 7#bc7 the number of individuals apprehended after officials were notified by a health or mental health professional4 #afb4 ,family ,detention and ,unity ,protections 7a7 ,definition of ,families with ,children - ,family with ,children is defined as any parent or legal guardian who is apprehended with one or more of their children4 7b7 ,placement in removal proceedings ,any family with children sought to be removed by the ,department of ,homeland ,security shall be placed in removal proceedings under section #bdj of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a74 7c7 ,custody of families with children ,the following requirements shall apply with respect to families with children3 7#a7 ,families with children shall not be separated or taken into custody except when justified by exceptional circumstances1 or when required by law4 7#b7 ,in exceptional circumstances where release or a secure alternatives program is not an option1 the ,secretary shall ensure that-- 7,a7 special non-penal1 residential1 home-like facilities that enable families to live as a family unit are designed to house families with children1 taking into account the particular needs and vulnerabilities of the children2 7,b7 procedures and conditions of custody are appropriate for families with children2 7,c7 entities with demonstrated experience and expertise in child welfare shall staff and be responsible for the management of facilities housing families with children2 7,d7 no restrictions on freedom of movement2 visitations2 telephone1 internet1 library1 and law library access2 possession of personal property1 including personal clothing2 age appropriate education2 or religious practice shall apply other than to prevent flight and ensure the safety of residents2 7,e7 individualized reviews by an immigration judge of each family's well being1 custody status and the need for continued detention are conducted every #cj days for any family held in such a facility for more than three weeks1 and all families shall be notified in writing of the decision and of the individualized reasons for the decision2 and 7,f7 parents retain fundamental parental rights and responsibilities1 including the discipline of children1 in keeping with applicable ,state laws4 7d7 ,discretionary waiver authority for families with children ,section #bce7;b77#a77;,b77iii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b77#a77;,b77iii77 is amended-- 7#a7 in subclause 7,,iv71 by striking ,any alien and inserting ,except as provided in subclause 7,v71 any alien2 and 7#b7 by adding at the end the following3 7,v7 ,discretionary waiver authority for families with children ,the ,secretary of ,homeland ,security may decide for humanitarian reasons or significant public benefit not to detain families with children who are otherwise subject to mandatory detention under subclause 7,,iv74 4 #afc4 ,apprehension procedures for families and parents ,the ,department of ,homeland ,security and entities under agreement with the ,department of ,homeland ,security shall-- 7#a7 offer confidential psychosocial and mental health services to children and family members of such individuals at the time of the apprehension2 7#b7 provide1 and advertise in the mainstream and foreign language media1 as well as make available to the public via the website of the ,department of ,homeland ,security1 a toll-free number through which family members of persons apprehended as a result of an immigration enforcement-related activity may report information relevant to the release of an apprehended family member as a member of a vulnerable population1 which will be conveyed to the appropriate ,department of ,homeland ,security official and applicable ,,ssa1 and through which ,state child welfare service providers1 family members1 and legal counsel representing those who are apprehended may obtain information about the apprehended family members1 including their location1 in ,english and the majority language of those who are apprehended2 7#c7 if there is reason to believe that an individual who is apprehended is a parent1 legal guardian1 or primary caregiver relative of a dependent child in the ,united ,states1 provide this parent1 legal guardian1 or primary caregiver relative with-- 7,a7 confidential and toll-free telephone calls to arrange for care of dependent children within #b hours of screening2 7,b7 information regarding and contact information for legal service providers1 organizations1 and attorneys that can offer free legal advice regarding child welfare and custody determinations2 and 7,c7 information regarding and contact information for multiple ,state and local child welfare providers2 7#d7 ensure that personnel of the ,department of ,homeland ,security and of entities operating under agreement with the ,department do not-- 7,a7 interrogate or screen individuals in the immediate presence of children2 7,b7 interrogate1 arrest1 or detain any child apprehended with his or her parent or parents without the presence or consent of a parent1 family member1 legal guardian1 or legal counsel2 or 7,c7 compel or request children to translate for other individuals who are encountered as part of an immigration enforcement-related activity2 and 7#e7 ensure that the best interests of children are considered in decisions and actions relating to the detention or release of any individual apprehended by the ,department of ,homeland ,security1 and that there be a preference for family unity whenever appropriate4 #afd4 ,child welfare services for children separated from parents detained or removed from the ,united ,states for immigration violations 7a7 ,state plan requirements ,section #dga7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fga7;a77 is amended-- 7#a7 by striking and at the end of paragraph 7#cb72 7#b7 by striking the period at the end of paragraph 7#cc7 and inserting 2 and2 and 7#c7 by adding at the end the following3 7#cd7 provides that the ,state shall-- 7,a7 create and implement protocols to provide guidance on how all employees of ,state agencies providing services to children under the ,state plan should handle cases of separated children that take into account the best interest of the child1 including consideration of the best outcome for the family of the child2 7,b7 develop and implement memoranda of understanding or protocols with the ,department of ,homeland ,security1 ,federal1 ,state1 and local government agencies to facilitate communication between the agencies and such a child1 a parent1 guardian1 or relative referred to in section #dge7i77;,b71 family members of such a child1 family courts1 providers of services to such a child under the ,state plan1 providers of long-term care to such a child1 and legal representatives of such a child or of such a parent1 guardian1 or relative2 7,c7 develop and implement joint protocols and training with law enforcement agencies to minimize the trauma1 at the time of the apprehension of such a parent1 guardian1 or relative1 to a child who will become a separated child as a result of the apprehension1 including protocols and training for apprehension of such a parent1 guardian1 or relative in the presence of the child and how to best ensure appropriate and prompt care arrangements for the child2 7,d7 ensure that the case manager for such a child is capable of communicating in the native language of the child and of the family of the child1 or an interpreter who is so capable is provided to communicate with the child and the family of the child at no cost to the child or the family of the child2 7,e7 require that1 in all decisions and actions relating to the care1 custody1 and placement of such a child1 the best interest of the child1 including the best outcome for the family of the child1 be considered1 and ensure that the decisions are based on clearly articulated factors that do not include predictions or conclusions about immigration status or pending ,federal immigration proceedings2 and 7,f7 coordinate with the ,department of ,homeland ,security1 foreign consular officials and nongovernmental organizations designated by the ,secretary to ensure that parents of such a child who wish for the child to accompany them to their country of origin are given adequate time to obtain a passport and visa1 collect all relevant vital documents such as birth certificate1 health and educational records1 and other information4 4 7b7 ,additional information ,to be included in case plan ,section #dge7a7 of such ,act 7#db ,u4,s4,c4 #fge7a77 is amended by adding at the end the following3 7,h7 ,in the case of a separated child with respect to whom the ,state plan requires the ,state to provide services pursuant to section #dga7;a77#cd7-- 7i7 the location of the parent1 guardian1 or relative referred to in paragraph 7#i77;,b7 of this subsection from whom the child has been separated2 and 7ii7 a written record of each disclosure to a government agency or person 7other than such a parent1 guardian1 or relative7 of information gathered in the course of tracking the care1 custody1 and placement of1 and follow-up services provided to1 the child4 4 7c7 ,separated children defined ,section #dge of such ,act 7#db ,u4,s4,c4 #fge7 is amended by adding at the end the following3 7#i7 ,the term separated children means individuals who-- 7,a7 have a parent1 legal guardian1 or primary caregiver relative who has been detained by a ,federal1 ,state1 or local law enforcement agency in the enforcement of an immigration law1 or removed from the ,united ,states as a result of a violation of such a law2 and 7,b7 are in foster care under the responsibility of a ,state4 4 #afe4 ,vulnerable population and child welfare training for immigration enforcement officers 7a7 ,mandatory training 7#a7 ,in general ,the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,health and ,human ,services1 and independent child welfare experts shall mandate live specialized training of all ,federal personnel1 relevant personnel employed by those ,states reimbursed for activities related to care and services for separated children1 and ,state and local personnel and relevant ,s,s,as1 who come into contact with vulnerable populations as defined at section #afj7;a7 in all relevant legal authorities1 policies1 and procedures pertaining to the humanitarian and due process protections for these vulnerable populations4 7#b7 ,vulnerable populations ,such personnel shall be trained to work with vulnerable populations1 including identifying members of a vulnerable population1 and identifying members of a vulnerable population for whom asylum or special juvenile immigrant relief may be appropriate4 7#c7 ,mental health needs ,personnel shall establish collaborative relationships with local mental health professionals to provide training in preparation for apprehensions of individuals with mental health needs4 7#d7 ,best practices ,participants will be required to undertake periodic and continuing training on best practices and changes in the law1 policies1 and procedures for these vulnerable populations4 7b7 ,memoranda of understanding ,the ,secretary of ,homeland ,security shall require all law enforcement agencies under agreement with the ,department of ,homeland ,security to establish ,memoranda of ,understanding with ,s,s,as with respect to the availability of services relevant to the humanitarian and due process protections for vulnerable populations as defined in section #afj7;a74 #aff4 ,access for parents1 legal guardians1 and1 primary caregiver relatives 7a7 ,in general ,the ,secretary of the ,department of ,homeland ,security shall ensure that all detention facilities operated by or under agreement with the ,department take steps to preserve family unity and ensure that the best outcome for families can be considered in decisions and actions relating to the custody of children whose parent1 legal guardian1 or primary caregiver relative is detained by reason of the parent's1 legal guardian's1 or primary caregiver relative's immigration status4 7b7 ,training ,the ,secretary of ,homeland ,security1 in consultation with the ,department of ,health and ,human ,services1 the ,department of ,justice1 the ,department of ,state1 and independent family law experts1 shall mandate live1 specialized training of all personnel at detention facilities operated by the ,department of ,homeland ,security or under agreement with the ,department of ,homeland ,security in all relevant legal authorities1 policies and procedures related to ensuring that parents1 legal guardians1 and primary caregiver relatives of children have regular1 ongoing and in-person access to children1 ,state family courts1 consular officers and staff of ,state social service agencies responsible for administering child welfare programs4 ,such personnel shall be required to undertake periodic and continuing training on best practices and changes in relevant law1 policies1 and procedures pertaining to the preservation of family unity4 7c7 ,access to children1 local and state courts1 child protective services1 and consular officials ,the ,secretary of ,homeland ,security shall be responsible for-- 7#a7 ensuring that detained parents1 legal guardians1 and primary caregiver relatives of children under #ah years of age are granted free and confidential phone calls with their children on a daily basis2 7#b7 ensuring that detained parents1 legal guardians1 and primary caregiver relatives of children under #ah years of age are permitted regular contact visits with their children2 7#c7 ensuring that detained parents1 legal guardians1 and primary caregiver relatives of children under #ah years of age are able to participate fully1 and to the extent possible in-person1 in all family court proceedings and any other proceeding impacting upon custody of their children2 7#d7 ensuring that detained parents1 legal guardians1 and primary caregiver relatives of children under #ah years of age are able to fully participate in and comply with all family court orders impacting upon custody of their child2 7#e7 ensuring that detained parents1 legal guardians1 and primary caregiver relatives of children under #ah years of age have regular1 on-site access to reunification programming including parenting classes2 7#f7 ensuring that detained parents1 legal guardians1 and primary caregiver relatives of children under #ah years of age are provided with contact information for child protective services entities and family courts in all fifty ,states1 the ,district of ,columbia1 all ,united ,states territories1 and are granted free1 confidential1 and unlimited telephone access to child protective services entities and family courts to report child abuse1 abandonment or neglect2 7#g7 ensuring that detained parents1 legal guardians1 and primary caregiver relatives of children under #ah years of age are granted regular1 confidential and in-person access to consular officials2 free1 unlimited1 confidential phone calls to consular officials2 and access to ,united ,states passport applications for the purpose of obtaining travel documents for their children2 7#h7 ensuring that detained parents1 legal guardians1 and primary caregiver relatives of children under #ah years of age who wish to take their children with them to their country of origin are granted adequate time prior to being removed to obtain a passport and other relevant travel documents necessary for children to accompany them on their return to their country of origin or join them in their country of origin2 and 7#i7 facilitating detained parents'1 legal guardians'1 and primary caregiver relatives' ability to reunify with their children under #ah years of age at the time of removal to their country of origin1 including providing information about the detained parent1 legal guardian1 or primary caregiver relative's travel arrangements to ,state social service agencies or other caregivers4 #afg4 ,enhanced protections for vulnerable unaccompanied alien children and female detainees 7a7 ,mandatory training ,the ,secretary of ,homeland ,security1 in consultation with the ,office of ,refugee ,resettlement of the ,department of ,health and ,human ,services and independent child welfare experts1 shall mandate live training of all personnel who come into contact with unaccompanied alien children 7as defined in section #dfb of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi77 in all relevant legal authorities1 policies1 and procedures pertaining to this vulnerable population4 7b7 ,care and transportation ,notwithstanding any other provision of law1 the ,secretary of ,homeland ,security shall ensure that all unaccompanied children who will undergo any immigration proceedings before the ,department of ,homeland ,security and the ,executive ,office for ,immigration ,review are duly transported and placed in the care and legal and physical custody of the ,office of ,refugee ,resettlement within a maximum of #bd hours of their apprehension absent narrowly defined exceptional circumstances1 including a natural disaster or comparable emergency beyond the control of the ,secretary of ,homeland ,security or the ,office of ,refugee ,resettlement4 ,the ,secretary of ,homeland ,security shall ensure that female officers are responsible and at all times present during the transfer and transport of female detainees who are in the custody of the ,secretary of ,homeland ,security4 7c7 ,notification ,the ,secretary of ,homeland ,security shall immediately notify the ,office of ,refugee ,resettlement of an unaccompanied alien child in the custody of the ,department of ,homeland ,security to effectively and efficiently coordinate the child's transfer to and placement with the ,office of ,refugee ,resettlement4 7d7 ,notice of rights and access to counsel ,the ,secretary of ,homeland ,security shall ensure that an independent licensed social worker1 as described in section #aec7;b77#a77;,a71 provides all unaccompanied alien children upon apprehension with both a video orientation and oral and written notice of their rights under the ,immigration and ,nationality ,act including their rights to relief from removal and their rights to confer with counsel 7as guaranteed under section #bib of such ,act71 family1 or friends while in the ,department of ,homeland ,security's temporary custody and relevant complaint mechanisms to report any abuse or misconduct they may have experienced4 ,the ,secretary of ,homeland ,security shall ensure that the video orientation and written notice of rights is available in ,english and in the five most common native languages spoken by the unaccompanied children held in custody at that location during the preceding fiscal year1 and that the oral notice of rights is available in ,english and in the most common native language spoken by the unaccompanied children held in custody at that location during the preceding fiscal year4 7e7 ,confidentiality ,the ,secretary of ,health and ,human ,services shall maintain the privacy and confidentiality of all information gathered in the course of providing care1 custody1 placement and follow-up services to unaccompanied alien children1 consistent with the best interest of the unaccompanied alien child1 by not disclosing such information to other government agencies or nonparental third parties4 ,the ,secretary may share information when authorized to do so by the child and when consistent with the child's best interest4 ,the ,secretary may provide information to a duly recognized law enforcement entity1 if such disclosure would prevent imminent and serious harm to another individual4 ,all disclosures shall be duly recorded in writing and placed in the child's files4 7f7 ,other policies and procedures ,the ,secretary shall further adopt fundamental child protection policies and procedures-- 7#a7 for reliable age-determinations of children which exclude the use of fallible forensic testing of children's bone and teeth developed in consultation with medical and child welfare experts2 7#b7 to ensure the safe and secure repatriation and reintegration of unaccompanied alien children to their home countries through specialized programs developed in close consultation with the ,secretary of ,state1 the ,office of the ,refugee ,resettlement and reputable independent child welfare experts including placement of children with their families or nongovernmental agencies to provide food1 shelter and vocational training and microfinance opportunities2 7#c7 to utilize all legal authorities to defer the child's removal if the child faces a risk of life-threatening harm upon return including due to the child's mental health or medical condition2 and 7#d7 to ensure that unaccompanied alien children 7as defined in section #dfb of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi77 are physically separated from any adult who is not a family member1 guardian1 or caregiver and are separated by sight and sound from immigration detainees and inmates with criminal convictions1 pretrial inmates facing criminal prosecution1 children who have been adjudicated delinquents or convicted of adult offenses or are pending delinquency or criminal proceedings1 and those inmates exhibiting violent behavior while in detention as is consistent with the ,juvenile ,justice and ,delinquency ,prevention ,act of #aigd 7#db ,u4,s4,c4 #efja et seq474 #afh4 ,preventing unnecessary detention of refugees ,section #bji of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaei7 is amended-- 7#a7 in subsection 7a77#a7 by striking return or be returned to the ,department of ,homeland ,security for inspection and examination for admission and also in accordance with the provisions of sections #bce1 #bdj1 and #bda and inserting be eligible for adjustment of status2 7#b7 in subsection 7a77#b7 by striking upon inspection and examination2 and 7#c7 in subsection 7c7 by adding at the end ,an application for adjustment under this section may be filed up to #c months before the date the applicant would first otherwise be eligible for adjustment under this section44 #afi4 ,reports on protections from unlawful detention 7a7 ,report requirement ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary shall prepare and submit a report to ,congress that describes the impact of worksite and fugitive operations on ,united ,states citizens1 lawful permanent residents1 and individuals otherwise lawfully present in the ,united ,states4 7b7 ,content ,the report submitted under subsection 7a7 shall include an assessment of-- 7#a7 7,a7 ,united ,states ,immigration and ,customs ,enforcement protocol for humanitarian screening during a worksite enforcement action2 7,b7 the compliance with such protocol2 and 7,c7 the nature of any related protocol in smaller worksite or nonworksite actions2 7#b7 collateral arrests under the ,national ,fugitive ,operations ,program and worksite enforcement initiatives2 7#c7 whether individuals detained in an immigration-related enforcement activity are notified of their right to counsel2 7#d7 whether ,united ,states ,immigration and ,customs ,enforcement agents-- 7,a7 use excessive force in executing warrants1 arrests1 detentions1 or other immigration-enforcement activities2 7,b7 enter private homes or residences without a search warrant or consent2 or 7,c7 display and use weapons during immigration-enforcement activities or interrogations2 7#e7 whether ,united ,states ,immigration and ,customs ,enforcement agents identify themselves when entering a location for enforcement purposes2 7#f7 the conditions under which individuals are confined2 7#g7 whether detainees are notified of their rights in a language they can understand2 7#h7 whether individuals detained during a raid or an immigration enforcement activity are forced or coerced to sign any documents or waive any rights without consulting with an attorney2 7#i7 the procedures used by the ,department of ,homeland ,security-- 7,a7 to notify agents about humanitarian standards regarding enforcement actions2 and 7,b7 hold agents accountable when they violate such standards2 7#aj7 the per detainee cost of each raid involving more than #ej detainees2 7#aa7 the number of ,united ,states ,immigration and ,customs ,enforcement agents disciplined for violations in detention proceedings2 and 7#ab7 recommendations for improving worksite operations and fugitive operations4 7c7 ,authorization of appropriations ,there is authorized to be appropriated such sums as may be necessary to carry out this section4 #agj4 ,rulemaking ,not later than #a year after the date of the enactment of this ,act1 the ,secretary shall promulgate regulations to implement this subtitle and the amendments made by this subtitle4 ,c ,enforcement #aha4 ,labor enforcement 7a7 ,labor enforcement actions ,section #bgd;,a7e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7e77 is amended to add a new paragraph 7#aj74 7#aj7 ,conduct in enforcement actions 7,a7 ,enforcement action ,when an enforcement action is undertaken by the ,department of ,homeland ,security and the ,department receives information that there is a labor dispute in progress1 or that information was provided to the ,department of ,homeland ,security to retaliate against employees for exercising their employment rights1 the ,department shall ensure that any aliens who are arrested or detained and are necessary for the prosecution of any labor or employment law violations are not removed from the country without notifying the appropriate law enforcement agency that has jurisdiction over the violations and providing the agency with the opportunity to interview such aliens4 ,the ,department shall ensure that no aliens entitled to a stay of removal under this section are removed4 7,b7 ,interviews ,any arrangements for aliens to be held or interviewed shall be made in consultation with the relevant labor and employment law enforcement agencies4 7,c7 ,stay of removal 7i7 ,an alien against whom removal proceedings have been initiated pursuant to chapter #d of title ,,iii of the ,immigration and ,nationality ,act1 who has filed a workplace claim or who is a material witness in any pending or anticipated proceeding involving a workplace claim1 shall be entitled to a stay of removal and to an employment authorized endorsement unless the ,department establishes by a preponderance of the evidence in proceedings before the immigration judge presiding over that alien's removal hearing that-- 7,i7 the ,department initiated the alien's removal proceeding for wholly independent reasons and not in any respect based on1 or as a result of1 any information provided to or obtained by the ,department from the aliens employer1 from any outside source1 including any anonymous source1 or as a result of the filing or prosecution of the workplace claim2 and 7,,ii7 the workplace claim was filed in a bad faith with the intent to delay or avoid the alien's removal4 7ii7 ,any stay of removal or work authorization issued pursuant to subsection 7i7 shall remain valid and in effect at least during the pendency of the proceedings concerning such workplace claim4 ,the ,secretary of ,homeland ,security shall extend such relief for a period of not longer than #c additional years upon determining that-- 7,i7 such relief would enable the alien asserting the workplace claim to be made whole2 7,,ii7 the deterrent goals of any statute underlying the workplace claim would thereby be served2 or 7,,iii7 such extension would otherwise further the interests of justice4 7iii7 ,in this section-- 7,i7 the term workplace claim shall include any claim1 charge1 complaint1 or grievance filed with or submitted to the employer1 a ,federal or ,state or local agency or court1 or an arbitrator1 to challenge an employer's alleged civil or criminal violation of any legal or administrative rule or requirement affecting the terms or conditions of its workers employment1 the treatment of workers1 or the hiring or firing of its workers2 and 7,,ii7 the term material witness means an individual who presents a declaration from an attorney investigating1 prosecuting1 or defending the workplace claim or from the presiding officer overseeing the workplace claim attesting that1 to the best of the declarant's knowledge and belief1 reasonable cause exists to believe that the testimony of the individual will be relevant to the outcome of the workplace claim4 4 7b7 ,whistleblower protections2 ,victims of criminal activity ,section #aja7;a77#ae77,u7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,u77 is amended-- 7#a7 in clause 7ii71 by striking and at the end2 7#b7 in clause 7iii7-- 7,a7 by striking or before attempt2 and 7,b7 by adding at the end the following3 a civil violation of ,federal1 ,state1 or local employment or labor laws2 and2 and 7#c7 by adding at the end the following3 7iv7 the ,secretary may not grant a petition filed by an alien based on a civil violation of ,federal employment or labor laws unless the alien has-- 7,i7 a reasonable fear of retaliation based on immigration status2 7,,ii7 has been threatened with retaliation based on immigration2 or 7,,iii7 has been retaliated against based on immigration status for attempting to remedy such violations2 or 4 #ahb4 ,mandatory address reporting requirements 7a7 ,clarifying address reporting requirements ,section #bfe 7#h ,u4,s4,c4 #acje7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking notify the ,attorney ,general in writing and inserting submit written or electronic notification to the ,secretary of ,homeland ,security1 in a manner approved by the ,secretary12 7,b7 by striking the ,attorney ,general may require and inserting the ,secretary may require2 and 7,c7 by adding at the end the following3 ,if the alien is involved in proceedings before an immigration judge or in an administrative appeal of such proceedings1 the alien shall submit to the ,attorney ,general the alien's current address and a telephone number1 if any1 at which the alien may be contacted42 7#b7 in subsection 7b71 by striking ,attorney ,general each place such term appears and inserting ,secretary of ,homeland ,security2 7#c7 in subsection 7c71 by striking given to such parent and inserting given by such parent2 and 7#d7 by adding at the end the following3 7d7 ,address ,to be provided 7#a7 ,in general ,except as otherwise provided by the ,secretary under paragraph 7#b71 an address provided by an alien under this section shall be the alien's current residential mailing address1 and shall not be a post office box or other nonresidential mailing address or the address of an attorney1 representative1 labor organization1 or employer4 7#b7 ,specific requirements ,the ,secretary may provide specific requirements with respect to-- 7,a7 designated classes of aliens and special circumstances1 including aliens who are employed at a remote location2 and 7,b7 the reporting of address information by aliens who are incarcerated in a ,federal1 ,state1 or local correctional facility4 7#c7 ,detention ,an alien who is being detained by the ,secretary under this ,act is not required to report the alien's current address under this section during the time the alien remains in detention1 but shall be required to notify the ,secretary of the alien's address under this section at the time of the alien's release from detention4 7e7 ,use of most recent address provided by the alien 7#a7 ,in general ,notwithstanding any other provision of law1 the ,secretary may provide for the appropriate coordination and cross referencing of address information provided by an alien under this section with other information relating to the alien's address under other ,federal programs1 including-- 7,a7 any information pertaining to the alien1 which is submitted in any application1 petition1 or motion filed under this ,act with the ,secretary of ,homeland ,security1 the ,secretary of ,state1 or the ,secretary of ,labor2 7,b7 any information available to the ,attorney ,general with respect to an alien in a proceeding before an immigration judge or an administrative appeal or judicial review of such proceeding2 7,c7 any information collected with respect to nonimmigrant foreign students or exchange program participants under section #fda of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acgb72 and 7,d7 any information collected from ,state or local correctional agencies pursuant to the ,state ,criminal ,alien ,assistance ,program4 7#b7 ,reliance ,the ,secretary may rely on the most recent address provided by the alien under this section or section #bfd to send to the alien any notice1 form1 document1 or other matter pertaining to ,federal immigration laws1 including service of a notice to appear4 ,the ,attorney ,general and the ,secretary may rely on the most recent address provided by the alien under section #bci7;a77#a77;,f7 to contact the alien about pending removal proceedings4 7#c7 ,obligation ,the alien's provision of an address for any other purpose under the ,federal immigration laws does not excuse the alien's obligation to submit timely notice of the alien's address to the ,secretary under this section 7or to the ,attorney ,general under section #bci7;a77#a77;,f7 with respect to an alien in a proceeding before an immigration judge or an administrative appeal of such proceeding74 7f7 ,requirement for database ,the ,secretary of ,homeland ,security shall establish an electronic database to timely record and preserve addresses provided under this section4 4 7b7 ,conforming changes with respect to registration requirements ,chapter #g of title ,,ii 7#h ,u4,s4,c4 #acja et seq47 is amended-- 7#a7 in section #bfb7;c71 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security2 7#b7 in section #bfc7;a71 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security2 and 7#c7 in section #bfd-- 7,a7 in subsections 7a71 7b71 7c71 and 7d71 by striking ,attorney ,general each place it appears and inserting ,secretary of ,homeland ,security2 and 7,b7 in subsection 7f7-- 7i7 by striking ,attorney ,general is authorized and inserting ,secretary of ,homeland ,security and ,attorney ,general are authorized2 and 7ii7 by striking ,attorney ,general or the ,service and inserting ,secretary or the ,attorney ,general4 7c7 ,effect on eligibility for immigration benefits ,if an alien fails to comply with section #bfb1 #bfc1 or #bfe of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acjb1 #acjc1 and #acje7 or section #bfd4a of title #h1 ,code of ,federal ,regulations1 or removal orders or voluntary departure agreements based on any such section for acts committed prior to the enactment of this ,act such failure shall not affect the eligibility of the alien to apply for a benefit under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7d7 ,technical amendments ,section #bff 7#h ,u4,s4,c4 #acjf7 is amended by striking ,attorney ,general each place it appears and inserting ,secretary of ,homeland ,security4 7e7 ,effective dates 7#a7 ,in general ,except as provided in paragraph 7#b71 the amendments made by this section shall take effect on the date of the enactment of this ,act4 7#b7 ,exceptions ,the amendments made by paragraphs 7#a77;,a71 7#a77;,b71 7#b71 and 7#c7 of subsection 7a7 shall take effect as if enacted on ,march #a1 #bjjc4 #ahc4 ,preemption of ,state and local law 7a7 ,preemption ,this ,act preempts any ,state or local law1 contract1 license1 or other standard1 requirement1 action or instrument-- 7#a7 discriminating among persons on the basis of immigration status1 except as specifically authorized in ,federal law2 or 7#b7 imposing any sanction or liability-- 7,a7 on any individual based on his or her immigration status2 7,b7 on any person or entity based on the immigration status of its clients1 employees1 tenants1 or other associates2 or 7,c7 relating to a violation or alleged violation of immigration law4 7b7 ,definition ,for purposes of this section1 immigration status refers to a person's present or previous3 visa classification1 refugee status1 temporary protected status1 status as an immigrant lawfully admitted for permanent residence1 lawful presence1 work authorization1 or other classification or category created by1 or related to this1 ,act or the ,immigration and ,nationality ,act4 #ahd4 ,delegation of immigration authority ,section #bhg7;g7 7#h ,u4,s4,c4 #aceg7;g77 is amended to read as follows3 7g7 ,except as provided in section #ajc7;a77#aj71 #bdb1 or #bgd7;c71 the authority to investigate1 identify1 apprehend1 arrest1 or detain persons for a violation of any section of this ,act or regulation pursuant to this ,act is restricted to immigration officers and employees of the ,department4 ,any such authority is further subject to any specific limitations set forth in this ,act4 4 #ahe4 ,immigration and ,customs ,enforcement ,ombudsman 7a7 ,establishment ,subtitle ,d of title ,,iii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bea et seq47 is amended by adding at the end the following3 #ddg4 ,immigration and ,customs ,enforcement ,ombudsman 7a7 ,in general ,there established in the ,department of ,homeland ,security a position of ,immigration and ,customs ,enforcement ,ombudsman 7referred to in this section as the ,ombudsman74 7b7 ,requirements ,the ,ombudsman shall-- 7#a7 report directly to the ,assistant ,secretary for ,immigration and ,customs ,enforcement 7referred to in this section as the ,assistant ,secretary72 and 7#b7 have a background in immigration law4 7c7 ,functions ,the ,ombudsman shall-- 7#a7 undertake regular and unannounced inspections of detention facilities and local offices of ,united ,states ,immigration and ,customs ,enforcement to determine whether the facilities and offices comply with relevant policies1 procedures1 standards1 laws1 and regulations2 7#b7 report all findings of compliance or noncompliance of the facilities and local offices described in paragraph 7#a7 to the ,secretary and the ,assistant ,secretary2 7#c7 develop procedures for detainees or their representatives to submit confidential written complaints directly to the ,ombudsman2 7#d7 investigate and resolve all complaints1 including confidential and anonymous complaints1 related to decisions1 recommendations1 acts1 or omissions made by the ,assistant ,secretary or the ,commissioner of ,united ,states ,customs and ,border ,protection in the course of custody and detention operations2 7#e7 initiate investigations into allegations of systemic problems at detention facilities2 7#f7 conduct any review or audit relating to detention1 as directed by the ,secretary or ,assistant ,secretary2 7#g7 refer matters1 as appropriate1 to the ,office of ,inspector ,general of the ,department of ,justice1 the ,office of ,civil ,rights and ,civil ,liberties of the ,department1 or any other relevant office or agency2 7#h7 propose changes in the policies or practices of ,united ,states ,immigration and ,customs ,enforcement to improve the treatment of ,united ,states citizens and residents1 immigrants1 detainees1 and others subject to immigration-related enforcement operations2 7#i7 establish a public advisory group consisting of nongovernmental organization representatives and ,federal1 ,state1 and local government officials with expertise in detention and vulnerable populations to provide the ,ombudsman with input on-- 7,a7 the priorities of the ,ombudsman2 and 7,b7 current practices of ,united ,states ,immigration and ,customs ,enforcement2 and 7#aj7 recommend to the ,assistant ,secretary personnel action based on any finding of noncompliance4 7d7 ,annual report 7#a7 ,objectives ,not later than ,june #cj of each year1 the ,ombudsman shall prepare and submit a report to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives on the objectives of the ,office of the ,ombudsman for the next fiscal year4 7#b7 ,contents ,each report submitted under paragraph 7#a7 shall include-- 7,a7 full and substantive analysis of the objectives of the ,office of the ,ombudsman2 7,b7 statistical information regarding such objectives2 7,c7 a description of each detention facility found to be in noncompliance with the detention standards of the ,department of ,homeland ,security or other applicable regulations2 7,d7 a description of the actions taken by the ,department of ,homeland ,security to remedy any findings of noncompliance or other identified problems2 7,e7 information regarding whether the actions described in subparagraph 7,d7 resulted in compliance with detention standards2 7,f7 a summary of the most pervasive and serious problems encountered by individuals subject to the enforcement operations of the ,department of ,homeland ,security1 including a description of the nature of such problems2 and 7,g7 such other information as the ,ombudsman may consider advisable4 4 7b7 ,amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja et seq47 is amended by inserting after the item relating to section #ddf the following3 ,sec4 #ddg4 ,immigration and ,customs ,enforcement ,ombudsman4 4 #ahf4 ,eliminating arbitrary bar to asylum ,section #bjh7;a77#b7 7#h ,u4,s4,c4 #aaeh7;a77#b77 is amended-- 7#a7 by striking subparagraph 7,b72 7#b7 in subparagraph 7,c71 by striking 7,d7 and inserting 7,c72 7#c7 in subparagraph 7,d71 by striking subparagraphs 7,b7 and 7,c71 and inserting subparagraph 7,b712 and 7#d7 by redesignating subparagraphs 7,c7 and 7,d7 as subparagraphs 7,b7 and 7,c71 respectively4 #ahg4 ,restoration of judicial review ,section #bdb 7#h ,u4,s4,c4 #abeb7 is amended-- 7#a7 by striking subsection 7a77#b7 7matters not subject to judicial review72 7#b7 in subsection 7b77#a71 by striking #cj days and inserting #fj days2 7#c7 in subsection 7b77#c77;,b71 by striking does not and inserting shall2 7#d7 in subsection 7b77#c77;,c71 by striking shall and inserting may2 7#e7 in subsection 7b77#d77;,b71 by striking any reasonable adjudicator would be compelled to conclude to the contrary and inserting the findings are not supported by substantial evidence2 7#f7 in subsection 7b77#h77;,c71 by inserting unless a stay is automatically granted by any provision of law or any court of competent jurisdiction after to defer removal of the alien2 7#g7 in subsection 7b77#i71 by striking ,except as otherwise provided in this section1 no court shall have jurisdiction1 by habeas corpus under section #bbda of title #bh or any other habeas corpus provision1 by section #acfa or #afea of such title1 or by any other provision of law 7statutory or nonstatutory71 to review such an order or such questions of law or fact42 7#h7 by striking subsection 7e77#a77;,b72 7#i7 in subsection 7e77#b77;,b7 by inserting lawfully after was and before ordered2 7#aj7 by striking subsection 7e77#c72 7#aa7 by redesignating subsection 7e77#d7 as subsection 7e77#c72 7#ab7 by redesignating subsection 7e77#e7 as subsection 7e77#d72 7#ac7 by striking subsection 7f72 7#ad7 by redesignating subsection 7g7 as subsection 7f72 and 7#ae7 in subsection 7g7 7as so redesignated71 by striking and notwithstanding any other provision of law 7statutory or nonstatutory71 including section #bbda of title #bh1 or any other habeas corpus provision1 and sections #acfa and #afea of such title14 ,,ii ,employment ,verification #bja4 ,employment verification 7a7 ,in general ,section #bgd;,a 7#h ,u4,s4,c4 #acbd;a7 is amended to read as follows3 #bgd;,a4 ,employment verification 7a7 ,making employment of unauthorized aliens unlawful 7#a7 ,in general ,it is unlawful for an employer-- 7,a7 to hire1 recruit1 or refer for a fee an alien for employment in the ,united ,states knowing or with reckless disregard that the alien is an unauthorized alien with respect to such employment2 or 7,b7 to hire in the ,united ,states an individual unless such employer meets the requirements of subsections 7b7 and 7c74 7#b7 ,continuing employment ,it is unlawful for an employer1 after lawfully hiring an alien for employment1 to continue to employ the alien in the ,united ,states knowing that the alien is 7or has become7 an unauthorized alien with respect to such employment4 7#c7 ,use of labor through contract ,an employer who uses a contract1 subcontract1 or exchange entered into1 renegotiated1 or extended after the date of the enactment of this ,act to obtain the labor of an alien in the ,united ,states knowing or with reckless disregard that the alien is an unauthorized alien with respect to performing such labor1 shall be considered to have hired the alien for employment in the ,united ,states in violation of paragraph 7#a77;,a74 7#d7 ,treatment of documentation for certain employees 7,a7 ,in general ,for purposes of this section1 if-- 7i7 an individual is a member of a collective bargaining unit and is employed1 under a collective bargaining agreement entered into between one or more employee organizations and an association of two or more employers1 by an employer that is a member of such association2 and 7ii7 within the period specified in subparagraph 7,b71 another employer that is a member of the association 7or an agent of such association on behalf of the employer7 has complied with the requirements of subsection 7b7 of this section with respect to the employment of the individual1 the subsequent employer shall be deemed to have complied with the requirements of subsection 7b7 of this section with respect to the hiring of the employee and shall not be liable for civil penalties described in subsection 7d77#d7 of this section4 7,b7 ,period ,the period described in this subparagraph is #c years1 or1 if less1 the period of time that the individual is authorized to be employed in the ,united ,states4 7,c7 ,liability 7i7 ,in general ,if any employer that is a member of an association hires for employment in the ,united ,states an individual and relies upon the provisions of subparagraph 7,a7 to comply with the requirements of subsection 7b7 of this section and the individual is an alien not authorized to work in the ,united ,states1 then for the purposes of paragraph 7#a77;,a71 subject to clause 7ii71 the employer shall be presumed to have known at the time of hiring or afterward that the individual was an alien not authorized to work in the ,united ,states4 7ii7 ,rebuttal of presumption ,the presumption established by clause 7i7 may be rebutted by the employer only through the presentation of clear and convincing evidence that the employer did not know 7and could not reasonably have known7 that the individual at the time of hiring or afterward was an alien not authorized to work in the ,united ,states4 7iii7 ,exception ,clause 7i7 shall not apply in any prosecution under subsection 7e77#a7 of this section4 7#e7 ,order of internal review and certification of compliance 7,a7 ,authority to require certification ,if the ,secretary has reasonable cause to believe that an employer has failed to comply with this section1 the ,secretary is authorized1 at any time1 to require that the employer certify that the employer is in compliance with this section or has instituted a program to come into compliance with the section4 7,b7 ,content of certification ,not later than #fj days after the date an employer receives a request for a certification under subparagraph 7,a7 the employer shall certify under penalty of perjury that-- 7i7 the employer is in compliance with the requirements of subsections 7b7 and 7c72 or 7ii7 that the employer has instituted a program to come into compliance with such requirements4 7,c7 ,extension ,the #fj-;day period referred to in subparagraph 7,b71 may be extended by the ,secretary for good cause1 at the request of the employer4 7,d7 ,publication ,the ,secretary is authorized to publish in the ,federal ,register standards or methods for certification under subparagraph 7,a7 and for specific recordkeeping practices with respect to such certification1 and procedures for the audit of any records related to such certification4 7#f7 ,defense 7,a7 ,in general ,subject to subparagraph 7,b71 an employer that establishes that the employer has complied in good faith1 notwithstanding a technical or procedural failure1 with the requirements of subsections 7b7 and 7c7 with respect to the hiring of an individual has established an affirmative defense that the employer has not violated paragraph 7#a77;,b7 with respect to such hiring4 7,b7 ,exception ,until the date that an employer is required to participate in the ,electronic ,employment ,verification ,system under subsection 7c71 the employer may establish an affirmative defense under subparagraph 7,a7 without a showing of compliance with subsection 7c74 7#g7 ,no authorization of national identification cards ,nothing in this title may be construed to authorize1 directly or indirectly1 the issuance1 use1 or establishment of a national identification card or a national identification system4 7b7 ,document verification requirements ,an employer hiring an individual for employment in the ,united ,states shall verify that the individual is eligible for such employment by meeting the following requirements3 7#a7 ,attestation by employer 7,a7 ,requirements 7i7 ,in general ,the employer shall attest1 under penalty of perjury and on a form prescribed by the ,secretary1 that the employer has verified the identity and eligibility for employment of the individual by examining an original1 unexpired document or documents described in section #bgd;a4#b7;b77#a77v7 of title #h1 ,code of ,federal ,regulations as evidence of the individual's employment authorization and identity4 7ii7 ,signature requirements ,an attestation required by clause 7i7 may be manifested by a handwritten or electronic signature4 7iii7 ,standards for examination ,an employer has complied with the requirement of this paragraph with respect to examination of a document if the document examined reasonably appears on its face to be genuine and relates to the individual whose identity and eligibility for employment in the ,united ,states is being verified4 ,nothing in this paragraph may be construed as requiring the employer to solicit the production of any other document or as requiring the individual to produce such other document4 7,b7 ,authority to prohibit use of certain documents 7i7 ,authority ,if the ,secretary finds that a document or class of documents described in subparagraph 7,a77i7 is not reliable to establish identity or eligibility for employment 7as the case may be7 or is being used fraudulently to an unacceptable degree1 the ,secretary is authorized to prohibit1 or impose conditions on1 the use of such document or class of documents for purposes of this subsection4 7ii7 ,requirement for publication ,the ,secretary shall publish notice of any findings under clause 7i7 in the ,federal ,register4 7#b7 ,attestation of individual 7,a7 ,in general ,the individual shall attest1 under penalty of perjury on a form prescribed by the ,secretary1 that the individual is-- 7i7 a national of the ,united ,states2 7ii7 an alien lawfully admitted for permanent residence2 or 7iii7 an alien who is authorized under this ,act or by the ,secretary to be employed in the ,united ,states4 7,b7 ,signature for examination ,an attestation required by subparagraph 7,a7 may be manifested by a handwritten or electronic signature4 7,c7 ,penalties ,an individual who falsely attests that he or she is eligible for employment in the ,united ,states shall be subject to the terms and penalties regarding document fraud described in section #bgd;,c of the ,immigration and ,nationality ,act4 7,d7 ,schedule 7i7 ,replacement documents ,an employer shall accept a receipt for the application for a replacement document or a document described in subparagraph 7,b7 of subsection 7b77#a7 in lieu of the required document in order to comply with any requirement to examine documentation imposed by this section1 in the following circumstances3 7,i7 ,the individual is unable to provide the required document within the time specified in this section because the document was lost1 stolen1 or damaged4 7,,ii7 ,the individual presents a receipt for the application for the document within the time specified in this section4 7,,iii7 ,the individual presents the document within #ij days of the hire4 ,if the actual document or replacement document is to be issued by the ,united ,states ,citizenship and ,immigration ,services and the application is still under review #fj days after receipt of the application1 ,united ,states ,citizenship and ,immigration ,services shall1 not later than the #fjth day after receipt of the application1 issue a letter for the applicant to take to the employer which shall automatically grant the individual an additional #ij days from the original deadline in subsection 7b77#f77;,a77i77,,ii7 to present the document or replacement document4 7ii7 ,prohibition on acceptance of a receipt for short-term employment ,an employer may not accept a receipt in lieu of the required document if the individual is hired for a duration of less than #aj working days4 7#c7 ,document retention and recordkeeping requirements ,the ,system described in subsection 7c7 shall include an auto-save feature allowing the employer to retain an electronic version of an attestation submitted under paragraph 7#a7 or 7#b7 for an individual and a record of any action taken1 and copies of any correspondence written or received1 with respect to the verification of an individual's identity or eligibility for employment in the ,united ,states1 including records received through the ,electronic ,employment ,verification ,system under subsection 7c74 ,the employer shall retain such records1 either in electronic1 paper1 microfiche1 or microfilm form1 and make such attestations available for inspection by an officer of the ,department of ,homeland ,security1 any other person designated by the ,secretary1 the ,special ,counsel for ,immigration-,related ,unfair ,employment ,practices of the ,department of ,justice1 or the ,secretary of ,labor-- 7,a7 during a period beginning on the date of the hiring of the individual and ending on the date that is the later of-- 7i7 #c years after the date of such hiring2 or 7ii7 #a year after the date the individual's employment is terminated2 or 7,b7 during a shorter period determined by the ,secretary1 if the ,secretary reduces the period described in subparagraph 7,a7 for the employer or a class of employers that includes the employer4 7#d7 ,use of retained documents ,an employer shall use copies retained under clause 7i7 or 7ii7 of subparagraph 7,a7 only for the purposes of complying with the requirements of this subsection1 except as otherwise permitted under law4 7#e7 ,penalties ,an employer that fails to comply with the requirement of this subsection shall be subject to the penalties described in subsection 7d77#d77;,b74 7c7 ,electronic employment verification system 7#a7 ,requirement for system ,the ,secretary1 in cooperation with the ,commissioner of ,social ,security1 shall implement an ,electronic ,employment ,verification ,system 7referred to in this subsection as the ,system7 as described in this subsection4 7#b7 ,technology standard to verify employment eligibility 7,a7 ,in general ,the ,secretary1 based upon recommendations from the ,director of the ,national ,institute of ,standards and ,technology1 shall not later than #ahj days after the date of the enactment of the this ,act develop and certify a technology standard as described in this subparagraph4 ,the ,secretary shall have discretion to extend the #ahj-;day period if the ,secretary determines that such extension will result in substantial improvement of the ,system4 7,b7 ,integrated ,notwithstanding any other provision of ,federal law1 the technology standard developed shall be the technological basis for a secure cross-agency1 cross-platform electronic system that is a cost-effective1 efficient1 fully integrated means to share immigration and ,social ,security information necessary to confirm the employment eligibility of all individuals seeking employment while protecting individual privacy4 7,c7 ,report ,not later than #ah months after the date of the enactment of this ,act1 the ,secretary and the ,director of the ,national ,institute of ,standards and ,technology shall jointly submit to ,congress a report describing the development1 implementation1 efficacy1 and privacy implications of the technology standard and the ,system4 7#c7 ,identity and employment eligibility verification ,an employer shall verify the identity and eligibility for employment of an individual hired by the employer through the ,system as follows3 7,a7 ,initial inquiry ,the employer shall submit through the ,internet or other electronic media1 or over a telephone line an inquiry through the ,system to seek confirmation of the individual's identity and eligibility for employment in the ,united ,states not earlier than on the first day such employment actually commences and not later than #e working days after the date such employment actually commences4 7i7 ,in general ,the ,secretary1 through the ,system1 shall confirm or tentatively nonconfirm an individual's identity and eligibility for employment in the ,united ,states not later than #a working day after an employer submits an inquiry regarding the employee4 7ii7 ,manual verification ,if the ,system provides a tentative nonconfirmation with respect to an individual under clause 7i71 the ,secretary and_/or ,commissioner shall complete a secondary manual verification not later than #f working days after such tentative nonconfirmation is made4 7iii7 ,determination ,not later than #aj days after the employer submits an inquiry under subparagraph 7,a7 the ,secretary1 through the ,system1 shall provide to the employer the results of the verification required by clause 7i7 and 7ii74 ,such results shall be a determination that-- 7,i7 confirms the individual's identity and eligibility for employment in the ,united ,states2 or 7,,ii7 the ,system is tentatively unable to confirm the individual's identity or eligibility for employment 7referred to in this section as a tentative nonconfirmation74 7,b7 ,submission of information ,an individual who is the subject of a tentative nonconfirmation may submit to the ,secretary or ,commissioner1 through the ,system1 information to confirm such individual's identity or eligibility for employment or to otherwise contest such tentative nonconfirmation not later than #ae working days after the individual receives notice of such tentative nonconfirmation4 7,c7 ,extension ,the #ae-;day period referred to in subparagraph 7,b7 may be extended by the ,secretary for good cause at the request of the individual4 7,d7 ,prohibition on termination for tentative nonconfirmation ,an employer may not terminate the employment of an individual based on tentative nonconfirmation4 7,e7 ,final determination ,not later than #aj days after the individual contests such tentative nonconfirmation or1 in the case of an individual who fails to contest such tentative nonconfirmation1 not later than #be days after the date of the initial tentative nonconfirmation1 the ,secretary shall provide1 through the system to the employer the results of the verification4 ,such results shall be a determination that-- 7i7 confirms the individual's identity and eligibility for employment in the ,united ,states2 or 7ii7 the ,system is unable to confirm the individual's identity or eligibility for employment 7referred to in this section as a final nonconfirmation74 7,f7 ,administrative and judicial review ,if the ,secretary1 through the ,system1 provides a final nonconfirmation with respect to an individual1 the individual shall have the right to administrative review under paragraph 7#ba7 and judicial review under paragraph 7#bb7 of such final nonconfirmation4 7,g7 ,termination of employee ,if an employer receives a final nonconfirmation with respect to an individual under paragraph 7,e71 the employer shall terminate the employment of such individual after the conclusion of the #cj-;day period for the individual to file an administrative appeal as described in paragraph 7#ba71 unless the ,secretary or the ,commissioner stays the final nonconfirmation notice pending the resolution of the administrative appeal or judicial review4 7,h7 ,right to review and correct system information 7i7 ,the ,secretary1 in consultation with the ,commissioner of ,social ,security1 shall establish procedures to permit an individual to verify the individual's eligibility for employment in the ,united ,states prior to obtaining or changing employment1 to view the individual's own records in the ,system in order to ensure the accuracy of such records1 and to correct or update the information used by the ,system regarding the individual4 ,to the greatest practicable extent such procedures shall allow electronic submission of such information4 7ii7 ,the ,secretary1 in consultation with the ,commissioner of ,social ,security1 shall establish procedures for an ,enhanced ,verification ,system under paragraph 7#be7 through which an individual who has viewed the individual's own record may electronically block he use of the individual's social security number and may register a phone number or e-mail address to be contacted upon removal of the block under the ,system and remove such block in order to prevent the fraudulent or other misuse of a social security account number1 prevent employer misuse of the system1 protect privacy1 and limit erroneous non-confirmations during employment verification4 7,i7 ,reverification 7i7 ,in general ,it is an unfair immigration-related employment practice under section #bgd;,b for an employer to reverify an individual's identity and employment eligibility unless-- 7,i7 the individual's work authorization expires as described in section #bgd;a4#b7;b77#a77vii7 of title #h1 ,code of ,federal ,regulations or a subsequent similar regulation1 in which case-- 7aa7 not later than #cj days prior to the expiration of the individual's work authorization1 the ,secretary shall notify the employer of such expiration and of the employer's need to reverify the individual's employment eligibility2 and 7bb7 the individual may present1 and the employer shall accept1 a receipt for the application for a replacement document1 extension of work authorization1 or a document described in clause 7i7 through 7v7 of subparagraph 7,b7 of subsection 7b77#a7 in lieu of the required document by the expiration date in order to comply with any requirement to examine documentation imposed by this section1 and the individual shall present the required document within #ij days from the date the employment authorization expires4 ,if the actual document or replacement document is to be issued by ,united ,states ,citizenship and ,immigration ,services and the application is still under review #fj days after the employment authorization expiration date1 ,united ,states ,citizenship and ,immigration ,services shall by the #fjth day after the expiration date of the employment authorization1 issue a letter for the applicant to take to the employer which shall automatically grant the individual an additional #ij days to present the document or replacement document2 and 7,,ii7 the employer has actual or constructive knowledge that the individual is not authorized to work in the ,united ,states2 or 7,,iii7 unless otherwise required by law4 7ii7 ,continuing employment ,an employer may not verify an individual's employment eligibility if the individual is continuing in his or her employment as described in section #bgd;a4#b7;b77#a77viii7 of title #h1 ,code of ,federal ,regulations or any subsequent similar regulation4 7#d7 ,design and operation of system ,the ,secretary1 in consultation with the ,commissioner of ,social ,security1 shall design and operate the ,system-- 7,a7 to maximize reliability and ease of use by employers and employees in a manner that protects and maintains the privacy and security of the information maintained in the ,system2 7,b7 to permit an employer to submit an inquiry to the ,system through the ,internet or other electronic media or over a telephone line2 7,c7 to respond to each inquiry made by an employer2 7,d7 to maintain a record of each such inquiry and each such response2 7,e7 to track and record any occurrence when the ,system is unable to receive such an inquiry2 7,f7 to include appropriate administrative1 technical1 and physical safeguards to prevent unauthorized disclosure of personal information during use1 transmission1 storage1 or disposal of that information1 including the use of encryption1 carrying out periodic testing of the ,system to detect1 prevent1 and respond to vulnerabilities or other failures1 and utilizing periodic security updates2 7,g7 to allow for monitoring of the use of the ,system and provide an audit capability2 7,h7 to have reasonable safeguards1 developed in consultation with the ,attorney ,general1 to prevent employers from engaging in unlawful discriminatory practices2 7,i7 to permit an employer to submit the attestations required by subsection 7b72 and 7,j7 to permit an employer to utilize any technology that is consistent with this section and with any regulation or guidance from the ,secretary to streamline the procedures to comply with the attestation and employment eligibility verification requirements contained in this section4 7#e7 ,limitation on data elements stored 7,a7 ,the ,system and any databases created by the ,commissioner of ,social ,security or the ,secretary for use in the ,system shall store only the minimum data about each individual for whom an inquiry was made through the ,system to facilitate the successful operation of the ,system1 and in no case shall the data stored be other than-- 7i7 the individual's full legal name2 7ii7 the individual's date of birth2 7iii7 the individual's social security account number or employment authorization status identification number2 7iv7 the address of the employer making the inquiry and the dates of any prior inquiries concerning the identity and authorization of the individual by the employer or any other employer and the address of such employer2 7v7 a record of each prior determination regarding the individual's identity and employment eligibility issued through the ,system2 and 7vi7 in the case of the individual who successfully contested or appealed a tentative nonconfirmation or final nonconfirmation1 explanatory information concerning the successful resolution of any erroneous data or confusion regarding the identity or eligibility for employment of the individual1 including the source of that error4 7,b7 ,information provided pursuant to subsection 7c77#e77;,a77i7-7v7 shall be deleted from the ,system one year after the date of entry unless the ,secretary shall determine it is relevant to an ongoing determination or appeal1 a review of errors or compensation for errors1 or an ongoing investigation of fraud or misuse of the system4 ,the ,secretary shall not retain any data pursuant to this subsection after the completion of an appeal or investigation except as described in subsection 7c77#e77;,a77vi74 7#f7 ,responsibilities of the commissioner of social security ,the ,commissioner of ,social ,security shall establish a reliable1 secure method to provide through the ,system1 within the time periods required by subparagraphs 7,b7 and 7,c7 of paragraph 7#b7-- 7,a7 a confirmation of whether or not the individual is a ,united ,states citizen2 7,b7 a determination of whether the name and social security account number provided1 with respect to an individual1 in an inquiry by an employer1 match such information maintained by the ,commissioner in order to confirm the validity of the information provided2 7,c7 a determination of whether such social security account number was issued to the individual2 and 7,d7 a determination described in subparagraph 7,b7 or 7,c7 of paragraph 7#b71 in a manner that ensures that other information maintained by the ,commissioner is not disclosed or released to employers through the ,system4 7#g7 ,responsibilities of the secretary ,the ,secretary shall establish a reliable1 secure method to provide1 through the ,system1 within the time periods required by subparagraphs 7,b7 and 7,c7 of paragraph 7#b7-- 7,a7 a determination of whether the name and alien identification or authorization number provided1 with respect to an individual1 in an inquiry by an employer match such information maintained by the ,secretary in order to confirm the validity of the information provided2 7,b7 a determination of whether such number was issued to the individual2 7,c7 a determination of whether the individual is authorized to be employed in the ,united ,states2 and 7,d7 any other related information that the ,secretary determines is appropriate4 7#h7 ,privacy impact assessment ,the ,commissioner of ,social ,security and the ,secretary shall each complete a privacy impact assessment as described in section #bjh of the ,e-,government ,act of #bjjb 7,public ,law #ajg-cdg2 #dd ,u4,s4,c4 #ceja note7 with regard to the ,system4 7#i7 ,training ,not later than #f months before implementation of the ,,eevs1 the ,commissioner of ,social ,security and the ,secretary shall institute a comprehensive program of outreach and training for employers regarding the operation of the verification system described in this section and informing them of ongoing assistance resources for the implementation and use of such systems4 7#aj7 ,public education ,not later than #f months before implementation of the ,,eevs1 the ,commissioner of ,social ,security and the ,secretary shall develop a public education campaign regarding the obligations imposed by this section as well as instructional materials provided without cost to the public regarding how to use the ,,eevs4 7#aa7 ,hotline ,the ,secretary shall establish a fully staffed #bd-;hour toll-free hotline that shall receive inquiries from individuals or employers concerning determinations made by the ,system and shall identify for an individual1 at the time of inquiry1 the particular data that resulted in a determination that the ,system was unable to verify the individual's identity or eligibility for employment4 7#ab7 ,participation 7,a7 ,requirements for participation ,except as provided in subparagraphs 7,d7 and 7,e71 the ,secretary shall require employers to participate in the ,system as follows3 7i7 ,critical employers ,not later than #f months after the date of enactment of this ,act1 the ,secretary shall require all agencies and departments of the ,united ,states 7including the ,armed ,forces71 a ,state government 7including a ,state employment agency before making a referral71 or any other employer if it employs individuals working in a location that is a ,federal1 ,state1 or local government building1 a military base1 a nuclear energy site1 a weapon site1 or an airport1 but only to the extent of such individuals1 to participate in the ,system1 with respect to all individuals hired after the date the ,secretary requires such participation4 7ii7 ,large employers ,not later than #a year after the date of enactment of this ,act the ,secretary shall require an employer with #e1jjj or more employees in the ,united ,states to participate in the ,system1 with respect to all employees hired by the employer after the date the ,secretary requires such participation4 7iii7 ,midsized employers ,not later than #b years after the date of enactment of this ,act the ,secretary shall require an employer with less than #e1jjj employees and #a1jjj or more employees in the ,united ,states to participate in the ,system1 with respect to all employees hired by the employer after the date the ,secretary requires such participation4 7iv7 ,small employers ,not later than #c years after the date of the enactment of the this ,act1 the ,secretary shall require all employers with less than #a1jjj employees in the ,united ,states to participate in the ,system1 with respect to all employees hired by the employer after the date the ,secretary requires such participation4 7,b7 ,requirement to publish ,the ,secretary shall publish in the ,federal ,register the requirements for participation in the ,system for employers described in clauses 7i7 through 7iv7 of subparagraph 7,a7 prior to the effective date of such requirements4 7,c7 ,other participation in system ,notwithstanding subparagraph 7,a71 the ,secretary has the authority to permit any employer that is not required to participate in the ,system under subparagraph 7,a7 to participate in the ,system on a voluntary basis4 7,d7 ,waiver 7i7 ,authority to provide a waiver ,the ,secretary is authorized to waive or delay the participation requirements of subparagraph 7,a7 with respect to any employer or class of employers if the ,secretary provides notice to ,congress of such waiver prior to the date such waiver is granted4 7ii7 ,requirement to provide a waiver ,the ,secretary shall waive or delay the participation requirements of subparagraph 7,a7 with respect to any employer or class of employers until the date that the ,comptroller ,general of the ,united ,states submits the initial certification described in paragraph 7#ai77;,e7 and shall waive or delay such participation during a year if the ,comptroller ,general fails to submit a certification of paragraph 7#ai77;,e7 for such year4 7,e7 ,consequence of failure to participate ,if an employer is required to participate in the ,system and fails to comply with the requirements of the ,system with respect to an individual-- 7i7 such failure shall be treated as a violation of subsection 7a77#a77;,b72 and 7ii7 a rebuttable presumption is created that the employer has violated subsection 7a77#a77;,a71 however1 such presumption may not apply to a prosecution under subsection 7e77#a74 7#ac7 ,employer requirements 7,a7 ,in general ,an employer that participates in the ,system1 with respect to the hiring of an individual for employment in the ,united ,states1 shall-- 7i7 notify the individual of the use of the ,system and that the ,system may be used for immigration enforcement purposes2 7ii7 obtain from the individual the documents required by subsection 7b77#a7 and record on the form designated by the ,secretary-- 7,i7 the individual's social security account number2 and 7,,ii7 in the case of an individual who does not attest that the individual is a national of the ,united ,states under subsection 7b77#b71 such identification or authorization number that the ,secretary shall require2 7iii7 retain such form in electronic1 paper1 microfilm1 or microfiche form and make such form available for inspection for the periods and in the manner described in subsection 7b77#c72 and 7iv7 safeguard any information collected for purposes of the ,system and protect any means of access to such information to ensure that such information is not used for any purpose other than to determine the identity and employment eligibility of the individual and to protect the confidentiality of such information1 including ensuring that such information is not provided to any person other than a person who carries out the employer's responsibilities under this subsection4 ,failure to safeguard such information shall be a violation of subsection 7c77#ad74 7,b7 ,confirmation1 tentative nonconfirmation1 or final nonconfirmation 7i7 ,confirmation ,if an employer receives a determination through the ,system under paragraph 7#c7 for an individual1 the employer shall retain either an electronic1 paper1 or microfiche form record of such confirmation for the period required by subsection 7b77#d77;,a74 7ii7 ,tentative nonconfirmation and verification 7,i7 ,nonconfirmation ,if an employer receives a tentative nonconfirmation with respect to an individual1 the employer shall retain either an electronic or paper record of such nonconfirmation for the period required by subsection 7b77#d77;,a7 and inform such individual not later than #c working days after the issuance of such notice in the manner prescribed by the ,secretary that includes information regarding the individual's right to submit information to contest the tentative nonconfirmation and the address and telephone numbers established by the ,commissioner and the ,secretary to obtain information on how to submit such information4 ,the individual must acknowledge in writing whether or not the individual chooses to contest or not contest the tentative nonconfirmation4 ,the employer shall submit to the ,system the individual's action4 7,,ii7 ,no contest ,if the individual does not contest the tentative nonconfirmation notice within #ae working days of receiving notice from the individual's employer1 the notice shall become final and the employer shall retain either an electronic or paper record of such final nonconfirmation for the period required by subsection 7b77#d77;,a74 ,an individual's failure to contest a tentative nonconfirmation may not be the basis for determining that the employer acted in a knowing 7as defined in section #bgd;a4#a of title #h1 ,code of ,federal ,regulations1 or any corresponding similar regulation7 manner4 7,,iii7 ,contest ,if the individual contests the tentative nonconfirmation notice under subclause 7,i71 the individual shall submit appropriate information to contest such notice to the ,secretary or ,commissioner of ,social ,security within #ae working days of receiving notice from the individual's employer and shall utilize the verification process developed under paragraph 7#c77;,b74 7,,iv7 ,effective period of tentative nonconfirmation ,a tentative nonconfirmation notice shall remain in effect until such notice becomes final under clause 7,,ii7 or a final confirmation notice or final nonconfirmation notice is issued by the ,system4 7,v7 ,prohibition ,an employer may not terminate the employment of an individual based on a tentative nonconfirmation notice4 ,nothing in this clause shall apply to termination of employment for any legitimate reason other than because of such a tentative nonconfirmation4 7iii7 ,final nonconfirmation 7,i7 ,if an employer has received a final nonconfirmation with respect to an individual1 the employer shall terminate the employment of the individual after the expiration of the time period prescribed in paragraph 7#ba7 for the individual to file an administrative appeal of a final nonconfirmation notice1 unless the ,secretary or the ,commissioner stays the final nonconfirmation notice pending the resolution of the administrative appeal1 or a stay is issued pending judicial review4 7,,ii7 ,continued employment after final nonconfirmation ,if the employer continues to employ 7or to recruit or refer7 an individual after the expiration of the period for the individual to file an administrative appeal of a final nonconfirmation notice under paragraph 7#ba7 7unless the ,secretary or the ,commissioner stayed the final nonconfirmation notice pending the resolution of the administrative appeal or a stay is issued pending judicial review71 a rebuttable presumption is created that the employer has violated subsections paragraphs 7#a77;,a7 and 7#b7 of subsection 7a74 ,such presumption may not apply to a prosecution under subsection 7e77#a74 7#ad7 ,prohibition of unlawful accessing and obtaining of information 7,a7 ,in general ,it shall be unlawful for any individual other than an employee of the ,social ,security ,administration or the ,department of ,homeland ,security specifically charged with maintaining the ,system to intentionally and knowingly-- 7i7 access the ,system or the databases utilized to verify identity or employment eligibility for the ,system for any purpose other than verifying identity or employment eligibility or modifying the ,system pursuant to law or regulation2 or 7ii7 obtain the information concerning an individual stored in the ,system or the databases utilized to verify identity or employment eligibility for the ,system for any purpose other than verifying identity or employment authorization or modifying the ,system pursuant to law or regulation4 7,b7 ,penalties 7i7 ,unlawful access ,any individual who unlawfully accesses the ,system or the databases as described in subparagraph 7,a77i7 shall be fined no more than #a1jjj per individual or sentenced to no more than #f months imprisonment or both per individual whose file was compromised4 7ii7 ,unlawful use ,any individual who unlawfully obtains information stored in the ,system in the database utilized to verify identity or employment eligibility for the ,system and uses the information to commit identity theft for financial gain or to evade security or to assist another in gaining financially or evading security1 shall be fined no more than #aj1jjj per individual or sentenced to no more than #a year of imprisonment or both per individual whose information was obtained and misappropriated4 7#ae7 ,protection from liability ,no employer that participates in the ,system and complies in good faith with the attestation in subsection 7b77#a7 and the employer requirements of this section shall be liable under any law for any employment-related action taken with respect to an individual in good faith reliance on information provided by the ,system regarding that individual4 7#af7 ,limitation on use of the system ,notwithstanding any other provision of law1 nothing in this subsection shall be construed to permit or allow any department1 bureau1 or other agency of the ,united ,states to utilize any information1 database1 or other records used in the ,system for any purpose other than as provided for under this subsection4 7#ag7 ,access to database ,no officer or employee of any agency or department of the ,united ,states1 other than such an officer or employee who is responsible for the verification of employment eligibility or for the evaluation of an employment eligibility verification program at the ,social ,security ,administration1 the ,department of ,homeland ,security1 and the ,department of ,labor1 may have access to any information1 database1 or other records utilized by the ,system4 7#ah7 ,modification authority ,the ,secretary1 after notice is submitted to ,congress and provided to the public in the ,federal ,register1 is authorized to modify the requirements of this subsection1 including requirements with respect to completion of forms1 method of storage1 attestations1 copying of documents1 signatures1 methods of transmitting information1 and other operational and technical aspects to improve the efficiency1 accuracy1 and security of the ,system4 7#ai7 ,annual study and report 7,a7 ,requirement for study ,the ,comptroller ,general of the ,united ,states shall conduct an annual study of the ,system as described in this paragraph4 7,b7 ,purpose of the study ,the ,comptroller ,general shall1 for each year1 undertake a study to determine whether the ,system meets the following requirements3 7i7 ,demonstrated accuracy of the databases ,new information and information changes submitted by an individual to the ,system is updated in all of the relevant databases not later than #c working days after submission in at least #ii percent of all cases4 7ii7 ,low error rates and delays in verification 7,i7 ,rates of incorrect final nonconfirmation notices ,that1 during a year1 not more than 4#e percent of all final nonconfirmations provided through the ,system during such year are incorrect4 7,,ii7 ,rates of incorrect tentative nonconfirmation notices 7aa7 ,that1 during a year1 not more than #a percent of native-born ,united ,states citizens whose identity and work eligibility are submitted to the system is the subject of a tentative nonconfirmation4 7bb7 ,that1 during a year1 not more than #c percent of foreign-born1 work authorized individuals whose identity and work eligibility are submitted to the ,system are the subject of a tentative nonconfirmation4 7iii7 ,containment of error rates ,that1 during a year1 the rate of incorrect final and incorrect tentative nonconfirmations shall not have increased by more than #c percent over the previous year4 7iv7 ,measurable employer compliance with system requirements 7,i7 ,no discrimination based on system operations ,the ,system has not resulted in increased employment discrimination on the basis of race or national origin4 7,,ii7 ,requirement for independent study ,the determination described in subclause 7,i7 shall be based on an independent study commissioned by the ,comptroller ,general in each phase of expansion of the ,system4 7v7 ,protection of workers' private information ,at least #ig percent of employers who participate in the ,system are in full compliance with the privacy requirements described in this subsection4 7vi7 ,effective security ,an assessment of the privacy and confidentiality of the system and of the overall security of the system with respect to cybertheft and theft and misuse of private data4 7vii7 ,adequate agency staffing and funding ,the ,secretary and ,commissioner of ,social ,security have sufficient funding to meet all of the deadlines and requirements of this subsection4 7,c7 ,consultation ,in conducting a study under this paragraph1 the ,comptroller ,general shall consult with representatives of business1 labor1 immigrant communities1 ,state governments1 privacy advocates1 and appropriate departments of the ,united ,states4 7,d7 ,requirement for reports ,not later than #ba months after the date of the enactment of this ,act and annually thereafter1 the ,comptroller ,general shall submit to the ,secretary and to ,congress a report containing the findings of the study carried out under this paragraph4 7,e7 ,certification ,if the ,comptroller ,general determines that the ,system meets the requirements set out in clauses 7i7 through 7vii7 of subparagraph 7,b7 for a year1 the ,comptroller shall certify such determination and submit such certification to ,congress with the report required by subparagraph 7,d74 7#bj7 ,annual audit and report 7,a7 ,purpose of the ,audit and ,report ,the ,office for ,civil ,rights and ,civil ,liberties shall conduct annual audits of the system described in section #djc7;a7 of the ,illegal ,immigration ,reform and ,responsibility ,act of #aiif1 ,public ,law #ajd-bjh1 ,div4 ,c1 #aaj ,stat4 #cjji-edf1 to assess employer compliance with ,system requirements1 including civil rights and civil liberties protections1 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 ,security4 7,b7 ,requirements of ,audit ,annual audits shall include1 but are not limited to1 the following activities3 7i7 ,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 ,administration1 including if employers are misusing the system to prescreen job applicants1 if employers are giving proper notification to employees' regarding tentative non-confirmations1 and if employers are taking adverse actions against workers based upon tentative non-confirmations4 7ii7 ,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 protections4 7iii7 ,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 abuse4 7,c7 ,authority of ,office for ,civil ,rights and ,civil ,liberties ,the ,office shall have the authority to obtain from users of the ,e-,verify program relevant documents and testimony and answers to written interrogatories4 ,the ,office shall also have the authority to conduct site visits1 and interview employees4 7,d7 ,failure of employers to cooperate ,employers that fail to cooperate with the ,office for ,civil ,rights and ,civil ,liberties shall be noted in the annual report set forth below in subsection 7,e74 7,e7 ,requirement for reports ,not later than #ah months after the date of enactment of this ,act1 and annually thereafter1 the ,office for ,civil ,rights and ,civil ,liberties shall submit to the ,president of the ,senate1 the ,speaker of the ,house of ,representatives1 and the appropriate committees and subcommittees of ,congress a report containing the findings of the audit carried out under this paragraph4 7#ba7 ,administrative review 7,a7 ,in general ,an individual who receives a final nonconfirmation may1 not later than #cj days after the date of such notice1 file an appeal of such final nonconfirmation4 ,an individual subject to a final nonconfirmation may file an appeal thereof after the #cj-;day period if the appeal is accompanied by evidence that the individual did not receive timely notice of a tentative or final nonconfirmation1 or that there was good cause for the failure to file an appeal within the #cj-;day period4 7,b7 ,procedures 7i7 ,the ,secretary and ,commissioner of ,social ,security shall develop procedures to review appeals filed under subparagraph 7,a7 and to make final determinations on such appeals4 ,the review on appeal may include any additional or newly discovered evidence presented by the appellant during the time of the pending appeal or subsequently by motion to reopen4 7ii7 ,the ,secretary or the ,commissioner shall stay the final nonconfirmation notice pending the resolution of the administrative appeal unless the ,secretary or the ,commissioner determines that the administrative appeal is frivolous1 unlikely to succeed on the merits1 or filed for purposes of delay4 7,c7 ,review for errors ,if a final determination on an appeal filed under subparagraph 7,a7 results in a confirmation of an individual's eligibility for employment in the ,united ,states1 the administrative review process shall require the ,secretary to determine if the final nonconfirmation issued for the individual was the result of-- 7i7 an error or negligence on the part of an employee or official operating or responsible for the ,system2 7ii7 an error or negligence on the part of an employer or entity acting on behalf of the employer2 7iii7 the decision rules1 processes1 or procedures utilized by the ,system2 or 7iv7 erroneous system information that was not the result of acts or omissions of the individual4 7,d7 ,compensation for error 7i7 ,in general ,if the individual was denied a stay under subparagraph 7,b77#b7 and ,secretary makes a determination under subparagraph 7,c7 that the final nonconfirmation issued for an individual was not caused by an act or omission of the individual or the employer1 the ,secretary shall compensate the individual for lost wages and for reasonable costs and attorneys' fees not exceeding #ge1jjj1 subject to annual inflation adjustments per the ,u4,s4 ,consumer ,price ,index--,all ,urban ,consumers 7,,cpi-,u7 compiled by the ,bureau of ,labor ,statistics4 7ii7 ,calculation of lost wages ,lost wages shall be calculated based on the wage rate and work schedule that prevailed prior to termination4 ,the individual shall be compensated for wages lost beginning on the first scheduled work day after employment was terminated and ending #ahj days after completion of the administrative review process described in this paragraph1 or judicial review if any1 or the day after the individual is reinstated or obtains employment elsewhere1 whichever occurs first4 ,if the individual obtains employment elsewhere at a lower wage rate1 the individual shall be compensated for the difference in wages for the period ending #ahj days after completion of the administrative review process or judicial review1 if any4 7iii7 ,limitation on compensation ,for purposes of determining an individual's compensation for the loss of employment1 such compensation shall not include any period in which the individual was ineligible for employment in the ,united ,states4 7iv7 ,source of funds ,compensation or reimbursement provided under this paragraph shall not be provided from funds appropriated in annual appropriations ,acts to the ,secretary for the ,department of ,homeland ,security4 7,e7 ,temporary stay of final administrative decision denying appeal ,if the appeal is denied1 the ,secretary shall stay the decision for a period of #ae days to permit the individual to seek judicial review of the decision pursuant to paragraph 7#ba74 7#bb7 ,judicial review 7,a7 ,in general ,after the ,secretary makes a final determination on an appeal filed by an individual under paragraph 7#ai71 the individual may obtain judicial review of such determination in a civil action commenced not later than #ij days after notice of such decision1 or such further time as the ,secretary may allow4 7,b7 ,jurisdiction ,a civil action for such judicial review shall be brought in the district court of the ,united ,states for the judicial district in which the plaintiff resides1 or has a principal place of business1 or1 if the plaintiff does not reside or have a principal place of business within any such judicial district1 in the ,district ,court of the ,united ,states for the ,district of ,columbia4 7,c7 ,answer ,as part of the ,secretary's answer to a complaint for such judicial review1 the ,secretary shall file a certified copy of the administrative record compiled during the administrative review under paragraph 7#ba71 including the evidence upon which the findings and decision complained of are based4 ,the court shall have power to enter1 upon the pleadings and transcript of the record1 a judgment affirming or reversing the result of that administrative review1 with or without remanding the cause for a rehearing4 7,d7 ,compensation for error 7i7 ,in general ,in cases in which the individual was denied a stay under subparagraph 7#ai77;,b77#b7 and such judicial review reverses the final determination of the ,secretary made under paragraph 7#ba71 the court shall compensate the individual for lost wages and for reasonable costs and attorneys' fees not exceeding #ge1jjj1 subject to annual inflation adjustments per the ,u4,s4 ,consumer ,price ,index--,all ,urban ,consumers 7,,cpi-,u7 compiled by the ,bureau of ,labor ,statistics4 7ii7 ,calculation of lost wages ,lost wages shall be calculated based on the wage rate and work schedule that prevailed prior to termination4 ,the individual shall be compensated for wages lost beginning on the first scheduled work day after employment was terminated and ending #ahj days after completion of the judicial review described in this paragraph or the day after the individual is reinstated or obtains employment elsewhere1 whichever occurs first4 ,if the individual obtains employment elsewhere at a lower wage rate1 the individual shall be compensated for the difference in wages for the period ending #ahj days after completion of the administrative and judicial review process4 7#bc7 ,private right of action ,if the ,secretary makes a determination under paragraph 7#ba7 that the final nonconfirmation issued for an individual was caused by an act or negligence on the part of the employer1 the individual may seek recovery of damages1 reinstatement1 back pay1 and other appropriate remedies in a civil action against the employer4 ,such action must be commenced not later than #ij days after notice of the ,secretary's decision4 ,the action shall be brought in the district court of the ,united ,states for the judicial district in which the plaintiff resides1 or has a principal place of business1 or1 if the plaintiff does not reside or have a principal place of business within any such judicial district1 in the ,district ,court of the ,united ,states for the ,district of ,columbia4 7#bd7 ,statutory construction ,nothing in this subsection shall affect any existing rights and obligations of employers or employees under other ,federal1 ,state1 or local laws4 7#be7 ,enhanced verification system ,the ,secretary1 in consultation with the ,commissioner of ,social ,security1 shall establish a voluntary self-verification system in order to prevent the fraudulent or other misuse of the individual's ,social ,security number during employment verification1 to prevent employer misuse of the system1 to protect privacy1 and to limit erroneous nonconfirmation during employment verification4 ,the voluntary system shall allow an individual to verify the individual's own record1 to block and unblock the use of the individual's ,social ,security number1 and to register a phone number or e-mail address to be contacted upon removal of the block4 7,a7 ,voluntary enrollment ,an individual may enroll in the ,enhanced ,verification ,system on a voluntary basis4 7,b7 ,select ,entities ,required to ,participate in the ,enhanced ,verification ,system 7i7 ,executive departments ,each ,department of the ,federal ,government shall elect to participate in the ,enhanced ,verification ,system and shall comply with the terms and conditions of such an election4 7ii7 ,legislative branch ,each ,member of ,congress1 each officer of ,congress1 and the head of each agency of the legislative branch shall elect to participate in the ,enhanced ,verification ,system and shall comply with the terms and conditions of such an election4 7,c7 ,electronic access ,the ,secretary shall establish procedures allowing individuals to use a ,personal ,identification ,number 7,,pin7 or other biographic information to authenticate the individual's identity and to block and unblock the individual's ,social ,security number electronically4 7,d7 ,use of enhanced verification system receipt for purpose of employment verification 7i7 ,encrypted code ,the ,secretary shall establish procedures to allow an individual who has authenticated the individual's identity and unblocked the individual's ,social ,security number to receive a single-use encrypted code which may be presented to the employer instead of the documents described in subsection 7b7 and for the employer to submit the encrypted single-use code to the system4 7ii7 ,confirmation ,an employer who submits a valid single-use encrypted code with respect to an individual shall immediately receive a confirmation through the system4 7iii7 ,expedited review process ,the ,secretary shall establish an expedited review process to allow an individual who has authenticated the individual's identity and unblocked the individual's ,social ,security number immediately to correct user or system errors which result in an erroneous non-confirmation of work eligibility4 7,e7 ,reports 7i7 ,in general ,the ,secretary of ,homeland ,security shall submit to the ,committees on the ,judiciary of the ,house of ,representatives and of the ,senate reports on the ,enhanced ,verification ,system within #c months after the end of the third and fourth years in which the programs are in effect4 ,such reports shall-- 7,i7 assess the degree of fraudulent attesting of ,united ,states citizenship2 7,,ii7 assess the benefits of the ,enhanced ,verification ,system to employers and the degree to which it prevents fraudulent claims of ,united ,states citizenship or legal residence and strengthens the enforcement of section #bgd;,a2 7,,iii7 assess the benefits of the ,enhanced ,verification ,system to individuals and the degree to which they prevent misuse of the ,system and erroneous non-confirmations during employment verification2 7,,iv7 assess if the ,enhanced ,verification ,system aides in reducing discrimination during the employment verification process2 7,v7 assess the degree to which the ,enhanced ,verification ,system protects employee civil liberties and privacy2 and 7,,vi7 include recommendations on whether or not ,enhanced ,verification ,system should be continued or modified1 and 7ii7 ,report on expansion ,not later than #f months after the end of the fourth year in which the programs are in effect1 the ,secretary of ,homeland ,security shall submit to the ,committees on the ,judiciary of the ,house of ,representatives and the ,senate a report-- 7,i7 evaluating whether the problems identified by the report submitted under subsection 7i7 have been substantially resolved2 and 7,,ii7 describing what actions the ,secretary of ,homeland ,security shall take before requiring any individuals to participate in the ,enhanced ,verification ,system4 7,f7 ,limitation on use of the confirmation system and any related systems ,notwithstanding any other provision of law1 nothing in this subtitle shall be construed to permit or allow any department1 bureau1 or other agency of the ,united ,states ,government to utilize any information1 data base1 or other records assembled under this subtitle for any other purpose other than as provided for under the ,enhanced ,verification ,system4 7d7 ,compliance 7#a7 ,complaints and investigations ,the ,secretary shall establish procedures-- 7,a7 for a person to file a complaint regarding a potential violation of paragraph 7#a77;,a71 7#a77;,b71 or 7#b7 of subsection 7a72 7,b7 for the investigation of any such complaint that the ,secretary determines is appropriate to investigate2 and 7,c7 for the investigation of such other violation of paragraph 7#a77;,a71 7#a77;,b71 or 7#b7 of subsection 7a7 that the ,secretary determines is appropriate4 7#b7 ,authority in investigations 7,a7 ,in general ,in conducting investigations and hearings under this subsection1 officers and employees of the ,department of ,homeland ,security1 if designated by the ,secretary1 may compel by subpoena the attendance of witnesses and the production of evidence at any designated place in an investigation or case under this subsection4 7,b7 ,failure to cooperate ,in case of refusal to obey a subpoena lawfully issued under subparagraph 7,a71 the ,secretary may request that the ,attorney ,general apply in an appropriate district court of the ,united ,states for an order requiring compliance with such subpoena1 and any failure to obey such order may be punished by such court as contempt4 7,c7 ,department of ,labor ,the ,secretary of ,labor shall have the investigative authority provided under section #aa7;a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baa7;a77 to ensure compliance with the provisions of this section1 or any regulation or order issued under this section4 7,d7 ,agency representation and coordination ,united ,states ,immigration and ,customs ,enforcement officials may not misrepresent to employees or employers that they are a member of any agency or organization that provides domestic violence services1 enforces health and safety law or other labor laws1 provides health care services1 or any other services intended to protect life and safety4 7#c7 ,compliance procedures 7,a7 ,prepenalty notice ,if the ,secretary has reasonable cause to believe that there has been a violation of a requirement of this section and determines that further proceedings related to such violation are warranted1 the ,secretary shall issue to the employer concerned a written notice of the ,secretary's intention to issue a claim for a fine or other penalty4 ,such notice shall-- 7i7 describe the violation2 7ii7 specify the laws and regulations allegedly violated2 7iii7 disclose the material facts which establish the alleged violation2 and 7iv7 inform such employer that the employer shall have a reasonable opportunity to make representations as to why a claim for a monetary or other penalty should not be imposed4 7,b7 ,remission or mitigation of penalties 7i7 ,petition by employer ,if an employer receives written notice of a fine or other penalty in accordance with subparagraph 7,a71 the employer may file within #de days from receipt of such notice1 with the ,secretary a petition for the remission or mitigation of such fine or penalty1 or a petition for termination of the proceedings4 ,the petition may include any relevant evidence or proffer of evidence the employer wishes to present1 and shall be filed and considered in accordance with procedures to be established by the ,secretary4 7ii7 ,review by secretary ,if the ,secretary finds that such fine or other penalty was incurred erroneously1 or finds the existence of such mitigating circumstances as to justify the remission or mitigation of such fine or penalty1 the ,secretary may remit or mitigate such fine or other penalty on the terms and conditions as the ,secretary determines are reasonable and just1 or order termination of any proceedings related to the notice4 ,such mitigating circumstances may include good faith compliance and participation in1 or agreement to participate in1 the ,system1 if not otherwise required4 7iii7 ,applicability ,this subparagraph may not apply to an employer that has or is engaged in a pattern or practice of violations of paragraph 7#a77;,a71 7#a77;,b71 or 7#b7 of subsection 7a7 or of any other requirements of this section4 7,c7 ,penalty claim ,after considering evidence and representations offered by the employer pursuant to subparagraph 7,b71 the ,secretary shall determine whether there was a violation and promptly issue a written final determination setting forth the findings of fact and conclusions of law on which the determination is based and the appropriate penalty4 7#d7 ,civil penalties 7,a7 ,hiring or continuing to employ unauthorized aliens ,any employer that violates paragraph 7#a77;,a7 or 7#b7 of subsection 7a7 shall pay civil penalties as follows3 7i7 ,pay a civil penalty of not less than #ejj and not more than #d1jjj for each unauthorized alien with respect to each such violation4 7ii7 ,if the employer has previously been fined #a time within the preceding #ab months under this subparagraph1 pay a civil penalty of not less than #d1jjj and not more than #aj1jjj for each unauthorized alien with respect to each such violation4 7iii7 ,if the employer has previously been fined more than #a time within the preceding #ab months under this subparagraph or has failed to comply with a previously issued and final order related to any such provision1 pay a civil penalty of not less than #f1jjj and not more than #bj1jjj for each unauthorized alien with respect to each such violation4 7,b7 ,recordkeeping or verification practices ,any employer that violates or fails to comply with paragraph 7#a77;,b7 of subsection 7a7 shall pay a civil penalty as follows3 7i7 ,pay a civil penalty of not less than #bjj and not more than #b1jjj for each such violation or failure4 7ii7 ,if the employer has previously been fined #a time within the preceding #ab months under this subparagraph1 pay a civil penalty of not less than #djj and not more than #d1jjj for each such violation of failure4 7iii7 ,if the employer has previously been fined more than #a time within the preceding #ab months under this subparagraph or has failed to comply with a previously issued and final order related to such requirements1 pay a civil penalty of #f1jjj for each such violation or failure4 7iv7 ,special rule governing paperwork violation ,in the case where an employer commits a violation of this section that is deemed to be purely a paperwork violation where the ,secretary fails to establish any intent to hire an individual who is not unauthorized for employment in the ,united ,states1 the ,secretary shall permit the employer to correct such paperwork error within #cj days of receiving notice from the ,secretary of such violation4 7,c7 ,other penalties ,notwithstanding subparagraphs 7,a7 and 7,b71 the ,secretary may impose additional penalties for violations1 including cease and desist orders1 specially designed compliance plans to prevent further violations1 suspended fines to take effect in the event of a further violation1 and in appropriate cases1 the civil penalty described in subsection 7e77#b74 7#e7 ,judicial review 7,a7 ,in general ,an employer adversely affected by a final determination may1 within #de days after the date the final determination is issued1 obtain judicial review of such determination4 7,b7 ,report ,not later than #ahj days after the date of enactment of the this ,act1 the ,director of the ,federal ,judicial ,center shall submit to ,congress a report on judicial review of a final determination4 ,the report shall contain recommendations on jurisdiction and procedures that shall be instituted to seek adequate and timely review of such decision4 7#f7 ,enforcement of orders ,if an employer fails to comply with a final determination issued against that employer under this subsection1 and the final determination is not subject to review as provided in paragraph 7#e71 the ,attorney ,general may file suit to enforce compliance with the final determination1 not earlier than #df days and not later than #ij days1 after the date the final determination is issued1 in any appropriate district court of the ,united ,states4 ,the burden shall remain on the employer to show that the final determination was not supported by a preponderance of the evidence4 7#g7 ,recovery of costs and attorneys' fees ,in any appeal brought under paragraph 7#e7 or suit brought under paragraph 7#f71 the employer shall be entitled to recover from the ,secretary reasonable costs and attorneys' fees if such employer prevails on the merits of the case4 ,the award of attorneys' fees shall not exceed #ge1jjj4 ,such amount shall be subject to annual inflation adjustments per the ,united ,states ,consumer ,price ,index--,all ,urban ,consumers 7,,cpi-,u7 compiled by the ,bureau of ,labor ,statistics4 ,any costs and attorneys' fees assessed against the ,secretary shall be charged against the operating expenses of the ,department of ,homeland ,security for the fiscal year in which the assessment is made1 and shall not be reimbursed from any other source4 7#h7 ,coordination ,an investigation under paragraph 7#a77;,c7 shall be coordinated with the appropriate regional office of the ,national ,labor ,relations ,board1 the ,department of ,labor1 and all relevant ,state and local agencies that are charged with enforcing workplace standards4 ,evidence gathered from such agencies shall be considered in determining whether the entity under investigation has violated subsection 7a74 7e7 ,criminal penalties and injunctions for pattern or practice violations 7#a7 ,criminal penalty ,an employer that engages in a pattern or practice of knowing violations of paragraph 7#a77;,a7 or 7#b7 of subsection 7a7 shall be fined not more than #bj1jjj for each unauthorized alien with respect to whom such a violation occurs1 imprisoned for not more than #c years for the entire pattern or practice1 or both4 7#b7 ,enjoining of pattern or practice violations ,if the ,secretary or the ,attorney ,general has reasonable cause to believe that an employer is engaged in a pattern or practice of employment in violation of paragraph 7#a77;,a7 or 7#b7 of subsection 7a71 the ,attorney ,general may bring a civil action in the appropriate district court of the ,united ,states requesting such relief1 including a permanent or temporary injunction1 restraining order1 or other order against the employer1 as the ,secretary deems necessary4 7f7 ,adjustment for inflation ,all penalties and limitations on the recovery of costs and attorney's fees in this section shall be increased every #d years beginning ,january #bjad to reflect the percentage increase in the consumer price index for all urban consumers 7all items2 ,united ,states city average7 for the #dh month period ending with ,september of the year preceding the year such adjustment is made4 ,any adjustment under this subparagraph shall be rounded to the nearest dollar4 7g7 ,prohibition of indemnity bonds 7#a7 ,prohibition ,it is unlawful for an employer1 in the hiring of an individual1 to require the individual to post a bond or security1 to pay or agree to pay an amount1 or otherwise to provide a financial guaranty or indemnity1 against any potential liability arising under this section relating to such hiring of the individual4 7#b7 ,civil penalty ,any employer which is determined1 after notice and opportunity for mitigation of the monetary penalty under subsection 7d71 to have violated paragraph 7#a7 shall be subject to a civil penalty of #aj1jjj for each violation and to an administrative order requiring the return of any amounts received in violation of such paragraph to the individual4 7h7 ,prohibition on award of government contracts1 grants1 and agreements 7#a7 ,employers with no contracts1 grants1 or agreements 7,a7 ,in general ,if an employer who does not hold a ,federal contract1 grant1 or cooperative agreement is determined by the ,secretary to be a repeat violator of this section the employer shall be debarred from the receipt of a ,federal contract1 grant1 or cooperative agreement for a period of #e years4 ,the ,secretary or the ,attorney ,general shall advise the ,administrator of ,general ,services of such a debarment1 and the ,administrator of ,general ,services shall list the employer on the ,list of ,parties ,excluded from ,federal ,procurement and ,nonprocurement ,programs for a period of #e years4 7,b7 ,waiver ,the ,administrator of ,general ,services1 in consultation with the ,secretary and the ,attorney ,general1 may waive operation of this subsection or may limit the duration or scope of the debarment4 7#b7 ,employers with contracts1 grants1 or agreements 7,a7 ,in general ,an employer who holds a ,federal contract1 grant1 or cooperative agreement and is determined by the ,secretary to be a repeat violator of this section or is convicted of a crime under this section1 shall be debarred from the receipt of new ,federal contracts1 grants1 or cooperative agreements for a period of #e years4 7,b7 ,notice to agencies ,prior to debarring the employer under subparagraph 7,a71 the ,secretary1 in cooperation with the ,administrator of ,general ,services1 shall advise any agency or department holding a contract1 grant1 or cooperative agreement with the employer of the ,government's intention to debar the employer from the receipt of new ,federal contracts1 grants1 or cooperative agreements for a period of #e years4 7,c7 ,review ,the decision of whether to debar or take alternate action under this paragraph shall be reviewable pursuant to section #i1 ,federal ,acquisition ,regulation4 7#c7 ,suspension ,indictments for violations of this section or adequate evidence of actions that could form the basis for debarment under this subsection shall be considered a cause for suspension under the procedures and standards for suspension prescribed by the ,federal ,acquisition ,regulation4 7#d7 ,repeat violator defined ,in this subsection1 the term repeat violator means1 with respect to an employer1 that the employer has violated paragraph 7#a77;,a71 7#a77;,b71 or 7#b7 of subsection 7a7 more than #a time and that such violations were discovered as a result of more than #a separate investigation of the employer4 ,a violation of such paragraph 7#a77;,b7 that is inadvertent and unrelated to a violation of subsection 7a77#a77;,a7 and 7a77#b7 may not be considered to be a violation of such paragraph 7#a77;,b7 for the purposes of this paragraph4 7i7 ,miscellaneous provisions 7#a7 ,documentation ,in providing documentation or endorsement of authorization of aliens 7other than aliens lawfully admitted for permanent residence7 eligible to be employed in the ,united ,states1 the ,secretary shall provide that any limitations with respect to the period or type of employment or employer shall be conspicuously stated on the documentation or endorsement4 7#b7 ,preemption ,the provisions of this section preempt any ,state or local law1 contract license1 or other standard1 requirement1 action or instrument from-- 7,a7 imposing sanctions or liabilities for employing1 or recruiting or referring for employment1 unauthorized aliens1 or for working without employment authorization2 7,b7 requiring those hiring1 recruiting1 or referring individuals for employment to ascertain or verify the individuals' employment authorization or to participate in an employment authorization verification system1 or requiring individuals to demonstrate employment authorization2 and 7,c7 requiring1 authorizing or permitting the use of an employment verification system1 unless otherwise mandated by ,federal law1 for any other purpose including1 but without limitation1 such purposes as verifying the status of renters1 determining eligibility for receipt of benefits1 enrollment in school1 obtaining or retaining a business license or other license1 or conducting a background check4 7j7 ,backpay remedies ,neither backpay nor any other monetary remedy for unlawful employment practices1 workplace injuries or other causes of action giving rise to liability shall be denied to a present or former employee on account of3 the employer's or the employee's failure to comply with the requirements of this section in establishing or maintaining the employment relationship2 the employee's violation of the provisions of federal law related to the employment verification system set forth in subsection 7a72 or the employee's continuing status as an unauthorized alien both during and after termination of employment4 7k7 ,definitions ,in this section-- 7#a7 ,employer ,the term employer means any person or entity1 including any entity of the ,government of the ,united ,states1 hiring an individual for employment in the ,united ,states4 7#b7 ,secretary ,except as otherwise provided1 the term ,secretary means the ,secretary of ,homeland ,security4 7#c7 ,unauthorized alien ,the term unauthorized alien means1 with respect to the employment of an alien at a particular time1 that the alien is not at that time either-- 7,a7 an alien lawfully admitted for permanent residence2 or 7,b7 authorized to be so employed by this ,act or by the ,secretary4 4 7b7 ,conforming amendments 7#a7 ,amendments 7,a7 ,repeal of ,e-,verify ,sections #dja1 #djb1 #djc1 #djd1 and #dje of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7division ,c of ,public ,law #ajd-bjh2 #h ,u4,s4,c4 #acbd;a note7 are repealed4 7,b7 ,repeal of reporting requirements 7i7 ,report on earnings of aliens not authorized to work ,subsection 7c7 of section #bij 7#h ,u4,s4,c4 #acfj7 is repealed4 7ii7 ,report on fraudulent use of social security account numbers ,subsection 7b7 of section #dad of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7division ,c of ,public ,law #ajd-bjh2 #h ,u4,s4,c4 #acfj note7 is repealed4 7,c7 ,repeal of definition ,paragraph 7#a77;,f7 of section #aifa of title #ah1 ,united ,states ,code1 is repealed4 7#b7 ,construction ,nothing in this subsection or in subsection 7c7 of section #bgd;,a1 as amended by subsection 7a71 may be construed to limit the authority of the ,secretary to allow or continue to allow the participation of employers who participated in the ,e-,verify program under such sections #dja1 #djb1 #djc1 #djd1 and #dje of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7division ,c of ,public ,law #ajd-bjh2 #h ,u4,s4,c4 #acbd;a note7 in the ,electronic ,employment ,verification ,system established pursuant to such subsection 7d74 7c7 ,technical amendments 7#a7 ,definition of unauthorized alien ,sections #bah7;i77#a7 7#h ,u4,s4,c4 #aahh7;i77#a771 #bde7;c77#h7 7#h ,u4,s4,c4 #abee7;c77#h771 #bgd7;a77#c77;,b77i7 7#h ,u4,s4,c4 #acbd7;a77#c77;,b77i771 and #bgd;,b7a77#a7 7#h ,u4,s4,c4 #acbd;b7a77#a77 are amended by striking #bgd;,a7h77#c7 and inserting #bgd;,a7h74 7#b7 ,document requirements ,section #bgd;,b 7#h ,u4,s4,c4 #acbd;b7 is amended-- 7,a7 in subsections 7a77#f7 and 7g77#b77;,b71 by striking #bgd;,a7b7 and inserting #bgd;,a7d72 and 7,b7 in subsection 7g77#b77;,b77ii71 by striking #bgd;,a7b77#e7 and inserting #bgd;,a7d77#i74 7d7 ,employment verification advisory panel 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish an ,employment ,verification ,advisory ,panel 7hereinafter in the subsection referred to as the ,advisory ,panel74 7#b7 ,membership ,the ,advisory ,panel should consist of members appointed by the ,secretary1 after consulting with the ,commissioner of ,social ,security1 the ,director of ,national ,institutes of ,standards and ,technology1 and other appropriate ,federal agencies4 ,such members should include representatives from appropriate ,federal agencies and private sector representatives of affected industries and groups1 including immigration policy1 human resource1 employer and employee organizations1 experts in fields including database security1 employment verification1 biometrics1 and privacy4 7#c7 ,functions 7,a7 ,advice on implementation and deployment ,the ,advisory ,panel shall advise the ,secretary and the ,commissioner of ,social ,security on the implementation and deployment of the verification systems established under the amendments made by this section1 including-- 7i7 the best means of promoting efficiency1 compliance responsiveness1 accuracy1 public education1 user support1 interoperability1 and cost-effectiveness of the systems established under this section2 7ii7 the best practices and procedures in order to protect the privacy and identities of individuals enrolled in the systems established under this section2 7iii7 standards of database accuracy1 error rates1 privacy1 and measurable compliance with system rules that must be met before implementation begins and before each additional phase of implementation2 and 7iv7 the best means by which data obtained through such systems may be used to timely improve the accuracy of databases maintained by the ,secretary and the ,commissioner of ,social ,security4 7,b7 ,study and report on identity fraud and alternatives for strengthening identity authentication 7i7 ,study ,the ,advisory ,panel shall evaluate the vulnerability of the ,system to identity fraud and the degree to which individuals not authorized for employment in the ,united ,states are able to be confirmed by the ,system4 7ii7 ,report ,not later than #ahj days after its establishment1 the ,advisory ,panel shall issue a report to the ,secretary on alternatives for strengthening identity authentication and preventing fraudulent confirmations by the ,system4 ,the report shall-- 7,i7 survey available technologies for identity authentication1 including but not limited to biometric and biographical identity assurance systems2 7,,ii7 analyze alternatives to identity assurance technologies1 including the enhanced verification system described in subsection 7c77#be7 of section #bgd;,a of the ,immigration and ,nationality ,act1 as amended by this section2 7,,iii7 analyze the technical feasibility of adding new identity authentication requirements to the ,system described in subsection 7c7 of such section1 including by considering-- 7aa7 process burdens 7at the point of collection1 information processing1 etc472 7bb7 performance burdens 7anticipated system throughputs1 scalability1 reconfigurability1 etc472 7cc7 accuracy and realistic failure rates and projected increases in erroneous nonconfirmations of work authorized individuals2 7dd7 projected compliance and non-compliance rates2 and 7ee7 data ,security1 data storage requirements1 and added risk to individuals' privacy2 and 7,,iv7 estimate the costs and benefits of different strategies for strengthening identity authentication and evaluate their overall strengths and weaknesses1 including but not limited to requirements that employers collect biometric1 biographical1 or other data from new employees instead of or in addition to the data identified in subsections 7b7 and 7c7 of such section and requirements that individuals participate in the enhanced verification system described in subsection 7c77#be7 of such section4 7#d7 ,termination ,the ,advisory ,panel shall terminate #e years after the date of the enactment of this ,act4 7e7 ,effective date ,the amendments made by subsections 7a71 7b71 and 7c7 shall take effect on the date that is #ahj days after the date of the enactment of this ,act4 #bjb4 ,parity with ,civil ,rights ,act of #aifd 7a7 ,prohibition of employment discrimination ,section #bgd;,b7a7 7#h ,u4,s4,c4 #acbd;b7a77 is amended-- 7#a7 by amending paragraph 7#a7 to read as follows3 7#a7 ,in general ,it is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual 7other than an unauthorized alien defined in section #bgd;,a7h77#c77 with respect to-- 7,a7 the hiring1 or recruitment or referral for a fee1 of the individual for employment1 the verification of the individual's eligibility for employment1 or the discharging of the individual from employment-- 7i7 because of such individual's national origin2 or 7ii7 because of such individual's citizenship status2 and 7,b7 the compensation1 terms1 or conditions of the employment of the individual4 2 7#b7 by amending paragraph 7#b77;,a7 to read as follows3 7,a7 a person or other entity that employs three or fewer employees1 except for an employment agency1 meaning any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person4 2 7#c7 by repealing section #bgd7;a77#c7 7#h ,u4,s4,c4 #acbd7;a77#c772 7#d7 in paragraph 7#f71 by striking if made for the purpose or with the intent of discriminating against an individual in violation of paragraph 7#a7 and inserting in violation of paragraph 7#a74 ,additional information and compliance assistance will be provided to employers to assist them in complying with the law2 7#e7 by inserting a new paragraph 7#g7 as follows3 7#g7 ,antidiscrimination requirements of the electronic employment verification system ,it is an unfair immigration-related employment practice for a person or other entity1 in the course of the ,electronic ,employment ,verification ,system described in section #bgd;,a7c7-- 7,a7 to terminate the employment of an individual or take any adverse employment action due to a tentative nonconfirmation issued by such ,system1 with respect to that individual2 7,b7 to use the ,system for screening of an applicant for employment prior to making the individual an offer of employment2 7,c7 to use the ,system for the reverification of an employee after the employee has satisfied the process described in 7b77#a71 unless otherwise required by ,federal law2 7,d7 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 required1 beyond what is required for most job applicants2 or 7,e7 to use the ,system to deny workers' employment benefits or otherwise interfere with their labor rights1 or to engage in any other unlawful employment practice4 2 7#f7 by inserting a new paragraph 7#h7 as follows3 7#h7 ,burden of proof in disparate impact cases 7,a7 ,an unlawful immigration-related employment practice or unfair labor practice case based on disparate impact is established under this general rule only if-- 7i7 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 necessity2 or 7ii7 the complaining party makes the demonstration with respect to an alternative employment practice and the respondent refuses to adopt such an alternative employment practice4 ,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 class4 7,b7 ,with respect to demonstrating that a particular employment practice causes a disparate impact as described in subparagraph 7#h77;,a71 the complaining party shall demonstrate that each particular challenged employment practice causes a disparate impact1 except that if the complaining party can demonstrate to the court that the elements of a respondent's decisionmaking process are not capable of separation for analysis1 the decisionmaking process may be analyzed as one employment practice4 7,c7 ,if the respondent demonstrates that a specific employment practice does not cause the disparate impact1 the respondent shall not be required to demonstrate that such practice is required by business necessity4 7,d7 ,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 statute4 2 and 7#g7 by inserting a new paragraph 7#i7 as follows3 7#i7 ,except as otherwise provided in this subchapter1 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 practice1 even though other factors also motivated the practice4 4 7b7 ,charges and complaints ,section #bgd;,b7d7 7#h ,u4,s4,c4 #acbd;b7d77 is amended-- 7#a7 in paragraph 7#a71 by striking within #abj days of the date of the receipt of the charge and subject to paragraph 7#c72 7#b7 by striking ,the ,special ,counsel's failure to file such a complaint within such #abj-;day period shall not affect the right of the ,special ,counsel to investigate the charge or to bring a complaint before an administrative law judge during such #ij-;day period4 and inserting at the end of paragraph 7#b7 ,nothing contained in this ,act shall relieve any ,government agency or official of his or her responsibility for unlawful electronic employment verification practices42 and 7#c7 by striking paragraph 7#c74 7c7 ,increase in civil money penalties ,section #bgd;,b7g77#b77;,b77iv7 7#h ,u4,s4,c4 #acbd;b7g77#b77;,b77iv77 is amended-- 7#a7 in subclause 7,i71 by striking #bej and not more than #a1jjj and inserting #b1jjj and not more than #d1jjj2 7#b7 in subclause 7,,ii71 by striking #b1jjj and not more than #e1jjj and inserting #d1jjj and not more than #aj1jjj2 7#c7 in subclause 7,,iii71 by striking #c1jjj and not more than #aj1jjj and inserting #f1jjj and not more than #bj1jjj2 and 7#d7 in subclause 7,,iv71 by striking #ajj and not more than #a1jjj and inserting #ejj and not more than #e1jjj4 7d7 ,orders finding violations ,section #bgd;,b7g7 7#h ,u4,s4,c4 #acbd;b7g77 is amended-- 7#a7 in paragraph 7#b77;,b77iii71 by inserting 1 and to provide such other relief as the administrative law judge determines appropriate to make the individual whole before the semicolon at the end2 7#b7 by inserting the following at the end of paragraph 7#b77;,b77viii73 7ix7 7,i7 ,no order of the court shall require the admission or reinstatement of an individual as a member of a union1 or the hiring1 reinstatement1 or promotion of an individual as an employee1 or the payment to him of any back pay1 if such individual was refused admission1 suspended1 or expelled1 or was refused employment or advancement or was suspended or discharged for any reason other than discrimination on account of citizenship status or national origin or in violation of this section4 7,,ii7 ,on a claim in which an individual proves a violation under subsection 7a77#g7 and a respondent demonstrates that the respondent would have taken the same action in the absence of the impermissible motivating factor1 the court may grant declaratory relief1 injunctive relief 7except as provided in clause 7b771 and attorney's fees and costs demonstrated to be directly attributable only to the pursuit of a claim under subsection 7a77#g72 and shall not award damages or issue an order requiring any admission1 reinstatement1 hiring1 promotion1 or payment1 described in subparagraph 7,i74 2 and 7#c7 by inserting at the end of paragraph 7#b7 a new subparagraph 7,e7 as follows3 7,e7 ,compensatory and punitive damages 7i7 ,determination of punitive damages ,a complaining party may acquire punitive damages against a respondent 7other than the ,federal ,government or a ,federal ,government agency7 if the complaining party demonstrates that the respondent engaged in discriminatory practice or practices with malice or reckless indifference to the federally protected rights of an aggrieved individual under subsection 7a77#a74 7ii7 ,compensatory damages awarded under this section ,compensatory damages awarded under this section shall not include backpay1 interest on backpay1 or any other type of relief authorized under subparagraphs 7,b7 and 7,c7 of subsection 7g77#b74 7iii7 ,limitations ,the sum of compensatory damages awarded under this section for future pecuniary losses1 emotional pain1 suffering1 inconvenience1 mental anguish1 loss of enjoyment of life1 and other nonpecuniary losses on account of national origin discrimination shall not exceed #ej1jjj for each complaining party4 ,in the case of citizenship status discrimination1 the limitations should be as follows3 7,i7 ,in the case of a respondent who has more than #c and fewer than #aja employees in each of #bj or more calendar weeks in the current or preceding calendar year1 #ej1jjj4 7,,ii7 ,in the case of a respondent who has more than #ajj and fewer than #bja employees in each of #bj or more calendar weeks in the current or preceding calendar year1 #ajj1jjj4 7,,iii7 ,in the case of a respondent who has more than #bjj and fewer than #eja employees in each of #bj or more calendar weeks in the current or preceding calendar year1 #bjj1jjj4 7,,iv7 ,in the case of a respondent who has more than #ejj employees in each of #bj or more calendar weeks in the current or preceding calendar year1 #cjj1jjj4 4 7e7 ,dissemination of information ,section #bgd;,b is amended-- 7#a7 in subparagraph 7l77#c71 by striking #aj1jjj1jjj and inserting #ej1jjj1jjj2 and 7#b7 by adding at the end the following3 7m7 ,reports ,the ,secretary of ,homeland ,security shall make transactional data and citizenship status data available upon request by the ,special ,counsel 7appointed under subsection 7c7 of this section74 4 7f7 ,effective date ,the amendments made by this section shall take effect on the date of the enactment of this ,act and shall apply to violations occurring on or after such date4 #bjc4 ,amendments to the ,social ,security ,act 7a7 ,social security act ,section #bje7;c77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dje7;c77#b77 is amended by adding at the end the following new subparagraphs3 7,i7 7i7 ,the ,commissioner of ,social ,security shall1 subject to the provisions of title ,,iii of the this ,act1 establish a reliable1 secure method to provide through the employment verification systems established pursuant to section #bgd;,a of the ,immigration and ,nationality ,act 7referred to in this subparagraph as the ,system71 within the time periods required by such section-- 7,i7 a determination of whether the name1 date of birth1 employer identification number1 and social security account number of an individual provided in an inquiry made to the ,system by an employer is consistent with such information maintained by the ,commissioner in order to confirm the validity of the information provided2 7,,ii7 a determination of the citizenship status associated with such name and social security account number1 according to the records maintained by the ,commissioner2 7,,iii7 a determination of whether the name and number belongs to an individual who is deceased1 according to the records maintained by the ,commissioner2 7,,iv7 a determination of whether the name and number is blocked in accordance with clause 7ii72 and 7,v7 a confirmation or a nonconfirmation described in such subsection 7c71 in a manner that ensures that other information maintained by the ,commissioner is not disclosed or released to employers through the ,system4 7ii7 ,the ,commissioner of ,social ,security shall prevent the fraudulent or other misuse of a social security account number by establishing procedures under which an individual who has been assigned a social security account number may block the use of such number under the ,system and remove such block4 7,j7 ,in assigning social security account numbers to aliens who are authorized to work in the ,united ,states under section #bah;,a of the ,immigration and ,nationality ,act1 the ,commissioner of ,social ,security shall1 to the maximum extent practicable1 assign such numbers by employing the enumeration procedure administered jointly by the ,commissioner1 the ,secretary of ,state1 and the ,secretary4 4 7b7 ,authorization of appropriations 7#a7 ,in general ,there are authorized to be appropriated to the ,secretary such sums as are necessary to carry out the amendments made by this section4 7#b7 ,limitation on verification responsibilities of commissioner of social security ,the ,commissioner of ,social ,security is authorized to perform activities with respect to carrying out the ,commissioner's responsibilities in this title or the amendments made by this title1 but only to the extent the ,secretary has provided1 in advance1 funds to cover the ,commissioner's full costs in carrying out such responsibilities4 ,in no case shall funds from the ,federal ,old-,age and ,survivors ,insurance ,trust ,fund or the ,federal ,disability ,insurance ,trust ,fund be used to carry out such responsibilities4 7c7 ,effective date ,the amendments made by this section shall take effect on the date that is #ahj days after the date of the enactment of this ,act4 ,,iii ,visa ,reforms #cja4 ,elimination of existing backlogs 7a7 ,worldwide level of family-,sponsored immigrants ,section #bja7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7;c77 is amended to read as follows3 7c7 ,worldwide level of family-,sponsored immigrants 7#a7 ,in general ,subject to subparagraph 7,b71 the worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to the sum of-- 7,a7 #dhj1jjj2 and 7,b7 the sum of-- 7i7 the number computed under paragraph 7#b72 and 7ii7 the number computed under paragraph 7#c74 7#b7 ,unused visa numbers from previous fiscal year ,the number computed under this paragraph for a fiscal year is the difference1 if any1 between-- 7,a7 the worldwide level of family-sponsored immigrant visas established for the previous fiscal year2 and 7,b7 the number of visas issued under section #bjc7;a71 subject to this subsection1 during the previous fiscal year4 7#c7 ,unused visa numbers from fiscal years #aiib through #bjac ,the number computed under this paragraph is the difference1 if any1 between-- 7,a7 the difference1 if any1 between-- 7i7 the sum of the worldwide levels of family-sponsored immigrant visas established for each of fiscal years #aiib through #bjab2 and 7ii7 the number of visas issued under section #bjc7;a71 subject to this subsection1 during such fiscal years2 and 7,b7 the number of unused visas from fiscal years #aiib through #bjab that were issued after fiscal year #bjaa under section #bjc7;a71 subject to this subsection4 4 7b7 ,worldwide ,level of ,employment-,based ,immigrants ,section #bja7;d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7;d77 is amended to read as follows3 7d7 ,worldwide ,level of ,employment-,based ,immigrants 7#a7 ,in general ,the worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of-- 7,a7 #bij1jjj2 7,b7 the number computed under paragraph 7#b72 and 7,c7 the number computed under paragraph 7#c74 7#b7 ,unused visa numbers from previous fiscal year ,the number computed under this paragraph for a fiscal year is the difference1 if any1 between-- 7,a7 the worldwide level established under paragraph 7#a7 for the previous fiscal year2 and 7,b7 the number of visas actually issued under section #bjc7;b71 subject to this subsection1 during the previous fiscal year4 7#c7 ,unused visa numbers from fiscal years #aiib through #bjji ,the number computed under this paragraph is the difference1 if any1 between-- 7,a7 the difference1 if any1 between-- 7i7 the sum of the worldwide levels established under paragraph 7#a7 for fiscal years #aiib through #bjji2 and 7ii7 the number of visas actually issued under section #bjc7;b71 subject to this subsection1 during such fiscal years2 and 7,b7 the number of visas actually issued after fiscal year #bjji pursuant to an immigrant visa number issued under section #bjc7;b71 subject to this subsection1 during fiscal years #aiib through #bjji4 4 7c7 ,exception to nondiscrimination ,section #bjb7;a77#a77;,a7 7#h ,u4,s4,c4 #aaeb7;a77#a77;,a77 is amended by striking #bja7;b77#b77;,a77i7 and inserting #bja7;b74 7d7 ,effective date ,the amendments made by this section shall take effect on the date which is #fj days after the date of the enactment of this ,act4 #cjb4 ,reclassification of spouses and minor children of legal permanent residents as immediate relatives 7a7 ,in general ,section #bja7;b77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7;b77#b77 is amended to read as follows3 7#b7 ,immediate relative 7,a7 ,in general 7i7 ,immediate relative defined ,in this subparagraph1 the term immediate relative means a child1 spouse1 or parent of a citizen of the ,united ,states or a child or spouse of a lawful permanent resident 7and for each family member of a citizen or lawful permanent resident under this subparagraph1 such individual's spouse or child who is accompanying or following to join the individual71 except that1 in the case of parents1 such citizens shall be at least #ba years of age4 7ii7 ,previously issued visa ,aliens admitted under section #baa7;a7 on the basis of a prior issuance of a visa under section #bjc7;a7 to their accompanying parent who is an immediate relative4 7iii7 ,parents and children ,an alien who was the child or the parent of a citizen of the ,united ,states or a child of a lawful permanent resident at the time of the citizen's or resident's death if the alien files a petition under section #bjd7;a77#a77;,a77ii7 within #b years after such date or prior to reaching #ba years of age4 7iv7 ,spouse ,in the case of an alien who was the spouse of a citizen of the ,united ,states or spouse of a lawful permanent resident and was not legally separated from the citizen or resident at the time of the citizen's or resident's death1 the alien 7and each child of the alien7 shall be considered for purposes of this subsection1 to remain an immediate relative after the date of the citizen's or resident's death if the spouse files a petition under section #bjd7;a77#a77;,a77ii7 before the earlier of-- 7,i7 #b years after such date2 or 7,,ii7 the date on which the spouse remarries4 7v7 ,special rule ,for purposes of this subparagraph1 an alien who has filed a petition under clause 7iii7 or 7iv7 of section #bjd7;a77#a77;,a7 remains an immediate relative if the ,united ,states citizen or lawful permanent resident spouse or parent loses ,united ,states citizenship or residence on account of the abuse4 7,b7 ,birth during temporary visit abroad ,aliens born to an alien lawfully admitted for permanent residence during a temporary visit abroad4 4 7b7 ,allocation of immigrant visas ,section #bjc7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;a77 is amended-- 7#a7 in paragraph 7#a71 by striking #bc1djj and inserting #ch1jjj2 7#b7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,unmarried sons and unmarried daughters of permanent resident aliens ,qualified immigrants who are the unmarried sons or unmarried daughters 7but are not the children7 of an alien lawfully admitted for permanent residence shall be allocated visas in a number not to exceed #fj1jjj1 plus any visas not required for the class specified in paragraph 7#a74 2 7#c7 in paragraph 7#c71 by striking #bc1djj and inserting #ch1jjj2 and 7#d7 in paragraph 7#d71 by striking #fe1jjj and inserting #ij1jjj4 7c7 ,technical and conforming amendments 7#a7 ,rules for determining whether certain aliens are immediate relatives ,section #bja7;f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7;f77 is amended-- 7,a7 in paragraph 7#a71 by striking paragraphs 7#b7 and 7#c71 and inserting paragraph 7#b712 7,b7 by striking paragraph 7#b72 7,c7 by redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#b7 and 7#c71 respectively2 and 7,d7 in paragraph 7#c71 as redesignated by subparagraph 7,c71 by striking through 7#c7 and inserting and 7#b74 7#b7 ,numerical limitation to any single foreign state ,section #bjb of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeb7 is amended-- 7,a7 in subsection 7a77#d7-- 7i7 by striking subparagraphs 7,a7 and 7,b72 7ii7 by redesignating subparagraphs 7,c7 and 7,d7 as subparagraphs 7,a7 and 7,b71 respectively2 and 7iii7 in subparagraph 7,a71 as redesignated by clause 7ii7 of this paragraph1 by striking section #bjc7;a77#b77;,b7 and inserting section #bjc7;a77#b72 and 7,b7 in subsection 7e71 in the flush matter following paragraph 7#c71 by striking 1 or as limiting the number of visas that may be issued under section #bjc7;a77#b77;,a7 pursuant to subsection 7a77#d77;,a74 7#c7 ,allocation of immigration visas ,section #bjc7;h7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;h77 is amended-- 7,a7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a71 by striking subsections 7a77#b77;,a7 and 7d7 and inserting subsection 7d72 7ii7 in subparagraph 7,a71 by striking becomes available for such alien 7or1 in the case of subsection 7d71 the date on which an immigrant visa number became available for the alien's parent71 and inserting became available for the alien's parent12 and 7iii7 in subparagraph 7,b71 by striking applicable2 7,b7 by amending paragraph 7#b7 to read as follows3 7#b7 ,petitions described ,the petition described in this paragraph is a petition filed under section #bjd for classification of the alien's parent under subsection 7a71 7b71 or 7c7 of this section4 2 and 7,c7 in paragraph 7#c71 by striking subsections 7a77#b77;,a7 and 7d7 and inserting subsection 7d74 7#d7 ,procedure for granting immigrant status ,section #bjd of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7 is amended-- 7,a7 in subsection 7a77#a7-- 7i7 in subparagraph 7,a7-- 7,i7 in clause 7i71 by inserting or lawful permanent resident after citizen2 7,,ii7 in clause 7ii71 by striking described in the second sentence of section #bja7;b77#b77;,a77i7 also and inserting 1 alien child1 or alien parent described in section #bja7;b77#b77;,a72 7,,iii7 in clause 7iii7-- 7aa7 in subclause 7,i77aa71 by inserting or legal permanent resident after citizen2 and 7bb7 in subclause 7,,ii77aa7-- 7,,aa7 in subitems 7,,aa7 and 7,,bb71 by inserting or legal permanent resident2 after citizen each place that term appears2 7,,bb7 in subitem 7,,cc71 by inserting or legal permanent resident after citizen each place that term appears2 and 7,,cc7 in subitem 7,,cc77bbb71 by inserting or legal permanent resident after citizenship2 7,,iv7 in clause 7iv71 by inserting or legal permanent resident after citizen each place that term appears2 7,v7 in clause 7v77,i71 by inserting or legal permanent resident after citizen2 and 7,,vi7 in clause 7vi7-- 7aa7 by inserting or legal permanent resident status after renunciation of citizenship2 and 7bb7 by inserting or legal permanent resident after abuser's citizenship2 7ii7 by striking subparagraph 7,b72 7iii7 in subparagraph 7,c71 by striking subparagraph 7,a77iii71 7,a77iv71 7,b77ii71 or 7,b77iii7 and inserting clause 7iii7 or 7iv7 of subparagraph 7,a72 and 7iv7 in subparagraph 7,j71 by striking or clause 7ii7 or 7iii7 of subparagraph 7,b72 7,b7 in subsection 7a71 by striking paragraph 7#b72 7,c7 in subsection 7c77#a71 by striking or preference status2 and 7,d7 in subsection 7h71 by striking or a petition filed under subsection 7a77#a77;,b77ii74 #cjc4 ,country limits ,section #bjb7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeb7;a77 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 by striking 1 7#d71 and 7#e7 and inserting and 7#d72 7,b7 by striking subsections 7a7 and 7b7 of section #bjc and inserting section #bjc7;a72 7,c7 by striking #g percent 7in the case of a single foreign state7 or #b percent and inserting #aj percent 7in the case of a single foreign state7 or #e percent2 and 7,d7 by striking such subsections and inserting such section2 and 7#b7 by striking paragraph 7#e74 #cjd4 ,promoting family unity 7a7 ,waivers of inadmissibility ,section #bab7;a77#i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#i77 is amended-- 7#a7 in subparagraph 7,b7-- 7,a7 in clause 7iii7-- 7i7 in subclause 7,i71 by striking #ah years of age and inserting #ba years of age2 7ii7 by moving subclause 7,v7 #d ems to the right2 and 7iii7 by adding at the end the following3 7,,vi7 ,clause 7i7 shall not apply to an alien for whom an immigrant visa is available or was available on or before the date of the enactment of the ,,cir ,,asap ,act of #bjac1 and is otherwise admissible to the ,united ,states for permanent residence2 and 2 and 7,b7 in clause 7v7-- 7i7 by striking spouse or son or daughter and inserting spouse1 son1 daughter1 or parent2 7ii7 by striking extreme2 7iii7 by inserting 1 son1 daughter1 after lawfully resident spouse2 and 7iv7 by striking alien4 and inserting alien or1 if the ,attorney ,general determines that a waiver is necessary for humanitarian purposes1 to ensure family unity or is otherwise in the public interest42 and 7#b7 in subparagraph 7,c71 by amending clause 7ii7 to read as follows3 7ii7 ,exceptions ,clause 7i7 shall not apply to an alien-- 7,i7 seeking admission more than #aj years after the date of the alien's last departure from the ,united ,states if1 prior to the alien's reembarkation at a place outside the ,united ,states or attempt to be readmitted from a foreign contiguous territory1 the ,secretary of ,homeland ,security has consented to the alien's reapplication for admission2 or 7,,ii7 for whom an immigrant visa is available or was available on or before the date of the enactment of this ,act1 and is otherwise admissible to the ,united ,states for permanent residence4 4 7b7 ,false claims and misrepresentations ,the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja1 et seq47 is amended-- 7#a7 in section #bcg7;a77#c77;,d7 7#h ,u4,s4,c4 #abbg7;a77#c77;,d771 by inserting and willfully after falsely each place such term appears2 7#b7 in section #bab7;a77#f77;,c77ii7 7#h ,u4,s4,c4 #aahb7;a77#f77;,c77ii771 by inserting and willfully after falsely each place such term appears2 7#c7 in section #bab7;a77#f77;,c77iii7 7#h ,u4,s4,c4 #aahb7;a77#f77;,c77iii771 by striking of clause 7i72 and 7#d7 by amending section #bab7;i77#a7 7#h ,u4,s4,c4 #aahb7;i77#a77 to read as follows3 7#a7 ,the ,attorney ,general or the ,secretary of ,homeland ,security may1 in the discretion of the ,attorney ,general or the ,secretary1 waive the application of subsection 7a77#f77;,c7 in the case of an immigrant who is the parent1 spouse1 son1 or daughter of a ,united ,states citizen or of an alien lawfully admitted for permanent residence1 or an alien granted classification under clause 7iii7 or 7iv7 of section #bjd7;a77#a77;,a71 if it is established to the satisfaction of the ,attorney ,general or the ,secretary that the admission to the ,united ,states of such alien would not be contrary to the national welfare1 safety1 or security of the ,united ,states4 4 #cje4 ,surviving relatives 7a7 ,continued ,waiver ,eligibility for ,widows1 ,widowers and ,orphans ,section #bab7;a77#b77;,f7 is amended to read as follows3 7,f7 ,continued ,waiver ,eligibility for ,widows1 ,widowers and ,orphans ,in the case of an alien who would have been statutorily eligible for a waiver of inadmissibility under the ,immigration and ,nationality ,act but for the death of the qualifying relative1 the alien may be considered for any waiver under the ,immigration and ,nationality ,act notwithstanding the death of the qualifying relative upon a showing of hardship to the alien or a family member1 or that the granting of the waiver is in the public interest4 4 7b7 ,naturalization of surviving relatives ,section #cai7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adcj7;a77 is amended by inserting 7or1 if the spouse is deceased1 the spouse was a citizen of the ,united ,states7 after citizen of the ,united ,states4 7c7 ,protection for the surviving relatives of refugees and asylees ,an alien described in section #bjd7l77#b77;,d7 of the ,immigration and ,nationality ,act may have such petition described in paragraph 7#b7 of section #bjd7l7 or an application for adjustment of status to that of a person admitted for lawful permanent residence based upon the family relationship described in such paragraph1 and any related applications1 adjudicated notwithstanding the death of the qualifying relative1 regardless of whether the alien is present inside or outside the ,united ,states at the time of the qualifying relative's death or after the qualifying relative's death4 #cjf4 ,extension of waiver authority ,section #bag7;c77#h77;,a77iii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg7;c77#h77;,a77iii77 is amended-- 7#a7 by striking ,june #cj1 #bjji and inserting ,june #cj1 #bjaa2 and 7#b7 by striking ,july #a1 #bjji and inserting ,july #a1 #bjaa4 #cjg4 ,discretionary waiver for long-term lawful permanent residents ,section #bdj;,a7a7 is amended by inserting after paragraph 7#c7 the following3 ,the ,attorney ,general may waive the application of subparagraph 7,c7 to an individual only if the individual's conviction resulted in a sentence served of two years or less and the ,attorney ,general determines in his or her sole discretion that the individual does not pose a danger to the community or a national security threat and that subparagraph 7,c7 should be waived for compelling reasons such as to preserve family unity or because removal is otherwise not in the public interest4 4 #cjh4 ,continuous presence ,section #bdj;,a7d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;b7d77 is amended by striking paragraph 7#a74 #cji4 ,bar on the removal of certain refugees1 parolees or asylees 7a7 ,in general ,chapter #d of title ,,ii of the ,immigration and ,nationality ,act is amended by inserting after section #bcg the following new section3 #bcg;,a4 ,bar on removal of certain refugees1 parolees or asylees ,no individual who fled their homeland for fear of persecution while under the age of #ab years and was later admitted to the ,united ,states as a refugee or parolee or was granted asylum in the ,united ,states shall be removed from the ,united ,states4 4 7b7 ,technical and conforming amendment ,the table of sections for the ,immigration and ,nationality ,act is amended by inserting after the item relating to section #bcg the following new item3 ,sec4 #bcg;,a4 ,bar on removal of certain refugees1 parolees or asylees4 4 #caj4 ,exemption from immigrant visa limit for certain veterans who are natives of ,philippines ,section #bja7;b77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7;b77#a77 is amended by adding at the end the following3 7,f7 ,aliens who are eligible for an immigrant visa under paragraph 7#a7 or 7#c7 of section #bjc7;a7 and who have a parent who was naturalized pursuant to section #dje of the ,immigration ,act of #aiij 7#h ,u4,s4,c4 #addj note74 4 #caa4 ,fiance or fianc child status protection 7a7 ,definition ,section #aja7;a77#ae77,k77iii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,k77iii77 is amended by inserting before the semicolon at the end the following3 if a determination of the age of such minor child is made using the age of the alien on the date on which the petition is filed with the ,secretary of ,homeland ,security to classify the alien's parent as the fiance or fianc of a ,united ,states citizen 7in the case of an alien parent described in clause 7i77 or as the spouse of a ,united ,states citizen under section #bja7;b77#b77;,a77i7 7in the case of an alien parent described in clause 7ii774 7b7 ,adjustment of status authorized ,section #bad7;d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;d77 is amended-- 7#a7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#c7 and 7#d71 respectively2 7#b7 in paragraph 7#a71 by striking the last sentence2 and 7#c7 by inserting after paragraph 7#a7 the following3 7#b7 7,a7 ,if an alien does not marry the petitioner under paragraph 7#a7 within #c months after the alien and the alien's minor children are admitted into the ,united ,states1 such alien and children shall be required to depart from the ,united ,states4 ,if such aliens fail to depart from the ,united ,states1 they shall be removed in accordance with sections #bdj and #bda4 7,b7 ,subject to subparagraphs 7,c7 and 7,d71 if an alien marries the petitioner described in section #aja7;a77#ae77,k77i7 within #c months after the alien is admitted into the ,united ,states1 the ,secretary of ,homeland ,security or the ,attorney ,general1 subject to the provisions of section #bde7;d71 may adjust the status of the alien1 and any minor children accompanying or following to join the alien1 to that of an alien lawfully admitted for permanent residence on a conditional basis under section #baf if the alien and any such minor children apply for such adjustment and are not determined to be inadmissible to the ,united ,states4 7,c7 ,paragraphs 7#e7 and 7#g77;,a7 of section #bab7;a7 shall not apply to an alien who is eligible to apply for adjustment of his or her status to an alien lawfully admitted for permanent residence under this section4 7,d7 ,an alien eligible for a waiver of inadmissibility as otherwise authorized under this ,act shall be permitted to apply for adjustment of his or her status to that of an alien lawfully admitted for permanent residence under this section4 4 7c7 ,age determination ,section #bde7;d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaee7;d77 is amended-- 7#a7 by striking 7d7 ,the ,attorney ,general and inserting the following3 7d7 7#a7 ,the ,attorney ,general 2 and 7#b7 by adding at the end the following3 7#b7 ,a determination of the age of an alien admitted to the ,united ,states under section #aja7;a77#ae77,k77iii7 shall be made1 for purposes of adjustment to the status of an alien lawfully admitted for permanent residence on a conditional basis under section #baf1 using the age of the alien on the date on which the petition is filed with the ,secretary of ,homeland ,security to classify the alien's parent as the fiance or fianc of a ,united ,states citizen 7in the case of an alien parent admitted to the ,united ,states under section #aja7;a77#ae77,k77i77 or as the spouse of a ,united ,states citizen under section #bja7;b77#b77;,a77i7 7in the case of an alien parent admitted to the ,united ,states under section #aja7;a77#ae77,k77ii774 4 7d7 ,effective date 7#a7 ,in general ,the amendments made by this section shall be effective as if included in the ,immigration ,marriage ,fraud ,amendments of #aihf 7,public ,law #ii-fci74 7#b7 ,applicability ,the amendments made by this section shall apply to all petitions or applications described in such amendments that-- 7,a7 are pending as of the date of the enactment of this ,act2 or 7,b7 have been denied1 but would have been approved if such amendments had been in effect at the time of adjudication of the petition or application4 7#c7 ,motion to reopen or reconsider ,a motion to reopen or reconsider a petition or application described in paragraph 7#b77;,b7 shall be granted if such motion is filed with the ,secretary of ,homeland ,security or the ,attorney ,general not later than #b years after the date of the enactment of this ,act and the ,secretary shall use parole authority to permit an alien outside the ,united ,states to pursue a petition or application that has been reopened4 #cab4 ,equal treatment for all stepchildren ,section #aja7;b77#a77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;b77#a77;,b77 is amended by striking 1 provided the child had not reached the age of eighteen years at the time the marriage creating the status of stepchild occurred4 #cac4 ,sons and daughters of ,filipino ,world ,war ,,ii veterans ,section #bja7;b77#a7 7#h ,u4,s4,c4 #aaea7;b77#a771 as amended by section #caj of this ,act1 is further amended by adding at the end the following3 7,g7 ,aliens who are eligible for a visa under paragraph 7#a7 or 7#c7 of section #bjc7;a7 and are the son or daughter of a citizen of the ,united ,states who was naturalized pursuant to section #dje of the ,immigration ,act of #aiij 7#h ,u4,s4,c4 #addj note74 4 #cad4 ,determinations under the ,haitian ,refugee ,immigration ,fairness ,act of #aiih 7a7 ,in general ,section #ijb7;d7 of the ,haitian ,refugee ,immigration ,fairness ,act of #aiih 7#h ,u4,s4,c4 #abee note7 is amended by adding at the end the following3 7#c7 ,determinations with respect to children 7,a7 ,use of ,application filing date ,determinations made under this subsection as to whether an individual is a child of a parent shall be made using the age and status of the individual on ,october #ba1 #aiih4 7,b7 ,application submission by parent ,notwithstanding paragraph 7#a77;,c71 an application under this subsection filed based on status as a child may be filed for the benefit of such child by a parent or guardian of the child1 if the child is physically present in the ,united ,states on such filing date4 4 7b7 ,new ,applications and motions ,to reopen 7#a7 ,new ,applications ,notwithstanding section #ijb7;a77#a77;,a7 of the ,haitian ,refugee ,immigration ,fairness ,act of #aiih1 an alien who is eligible for adjustment of status under such ,act may submit an application for adjustment of status under such ,act not later than the later of-- 7,a7 #b years after the date of the enactment of this ,act2 or 7,b7 #a year after the date on which final regulations are promulgated to implement this section and the amendment made by subsection 7a74 7#b7 ,motions to reopen ,the ,secretary shall establish procedures for the reopening and reconsideration of applications for adjustment of status under the ,haitian ,refugee ,immigration ,fairness ,act of #aiih that are affected by the amendment made by subsection 7a74 7#c7 ,relationship of ,application to certain orders ,section #ijb7;a77#c7 of the ,haitian ,refugee ,immigration ,fairness ,act of #aiih shall apply to an alien present in the ,united ,states who has been ordered excluded1 deported1 removed1 or ordered to depart voluntarily1 and who files an application under paragraph 7#a7 or a motion under paragraph 7#b71 in the same manner as such section #ijb7;a77#c7 applied to aliens filing applications for adjustment of status under such ,act prior to ,april #a1 #bjjj4 7c7 ,inadmissibility determination ,section #ijb of the ,haitian ,refugee ,immigration ,fairness ,act of #aiih 7#h ,u4,s4,c4 #abee note7 is amended-- 7#a7 in subsection 7a77#a77;,b71 by inserting 7#f77;,c77i71 after 7#f77;,a712 and 7#b7 in subsection 7d77#a77;,d71 by inserting 7#f77;,c77i71 after 7#f77;,a714 #cae4 ,discretionary authority ,section #bdj7;c77#d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7c77#d77 is amended by adding at the end the following3 7,d7 ,discretion of judge in case of citizen child ,in the case of an alien subject to removal1 deportation1 or exclusion who is the parent of a child who is a citizen of the ,united ,states1 the immigration judge may exercise discretion to decline to order the alien removed1 deported1 or excluded from the ,united ,states if the judge determines that such removal1 deportation1 or exclusion is clearly against the best interests of the child1 except that this subparagraph shall not apply to any alien who the judge determines-- 7i7 is described in section #bab7;a77#c7 or #bcg7;a77#d72 or 7ii7 has engaged in conduct described in paragraph 7#h7 or 7#i7 of section #ajc of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajb74 4 #caf4 ,affidavit of support ,section #bac;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahc;a7 is amended-- 7#a7 in subsection 7a77#a77;,a7 by striking #abe and inserting #ajj2 7#b7 in subsection 7f77#a77;,e71 by striking #abe and inserting #ajj2 7#c7 in subsection 7f77#d77;,b77i71 by striking #abe and inserting #ajj2 and 7#d7 in subsection 7f77#e77;,a71 by striking #abe and inserting #ajj4 #cag4 ,visa to prevent unauthorized migration 7a7 ,worldwide level of transitional visas ,section #bja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeb7 is amended by adding at the end the following3 7g7 ,worldwide level of ,,pum immigrants ,the worldwide level of ,,pum immigrants is equal to #ajj1jjj for each fiscal year the ,,pum visa is authorized4 4 7b7 ,transition to safe and legal immigration ,section #bjc of the ,immigration and ,nationality ,act is amended by adding at the end the following3 7i7 ,prevent ,unauthorized ,migration 7,,pum7 ,transitional visa 7#a7 ,in general ,except as provided in paragraph 7#b71 aliens subject to the worldwide level specified in section #bja7;g7 for ,,pum immigrants shall be allotted visas during the first three fiscal years following #f months after enactment of the ,,cir ,,asap ,act of #bjac as follows3 7,a7 ,determination of admission states ,the ,secretary shall determine for the most recent previous #e-;fiscal year period for which data are available-- 7i7 each country 7in this paragraph referred to as a transitional visa admission state7 whose nationals represented not less than #e percent of the total number of unauthorized immigrants to the ,united ,states during the #e-;fiscal year period2 and 7ii7 the percentage of unauthorized immigrants that nationals of each transitional visa admission state represented of the total number of unauthorized immigrants to all transitional visa admission states during the #e-year period4 7,b7 ,distribution of visas 7i7 ,for a transitional visa admission state ,subject to clause 7ii71 the percentage of immigrant visas made available under this paragraph to nationals of any single transitional visa admission state shall not exceed the percentage determined for that transitional visa admission state in subparagraph 7,a77ii74 7ii7 ,redistribution of unused visa numbers ,if the ,secretary of ,state estimates that the number of immigrant visas to be issued to nationals in any state for a fiscal year under this paragraph is less than the number of immigrant visas made available to such nationals under this paragraph for the fiscal year1 the excess visa numbers shall be made available to nationals of the other states in proportion to the percentages otherwise specified in subparagraph 7,a77ii74 7#b7 ,eligibility ,an alien is not eligible for a visa under this subsection unless the alien-- 7,a7 at the time of application for such a visa1 is not present in the ,united ,states and is not entitled to an immigrant status under any other provision of the ,immigration and ,nationality ,act2 7,b7 has no other employment-based or family-based visa application pending2 7,c7 submits to a security and law enforcement background check1 according to procedures established by the ,secretary2 and 7,d7 with regard to education1 has completed less than a #d-year college degree program4 7#c7 ,requirement with regard to participation in data collection and study ,transitional visa holders shall be required to participate in data collection and study as described in section #eja7;b77#a77;,g7 of this ,act that the ,labor ,commission deems necessary or helpful to fulfill its purpose and mission4 7#d7 ,maintenance of information ,the ,secretary of ,state shall maintain information on the age1 occupation1 education level1 and other relevant characteristics of immigrants issued visas under this subsection and share such information to the ,labor ,commission in ,title ,v of this ,act as needed4 7#e7 ,order of consideration ,immigrant visas made available each fiscal year under this subsection shall be issued to eligible qualified immigrants in a random order established by the ,secretary of ,state4 4 #cah4 ,adjustment of status 7a7 ,conditional ,permanent ,resident ,status 7#a7 ,in general 7,a7 ,conditional basis for status ,notwithstanding any other provision of law1 an alien whose status has been adjusted under subsection 7b7 to that of an alien lawfully admitted for permanent residence shall be considered to have obtained such status on a conditional basis subject to the provisions of this paragraph4 ,such conditional permanent resident status shall be valid for a period of #c years1 subject to termination under paragraph 7#b74 7,b7 ,notice of requirements ,at the time an alien obtains permanent resident status on a conditional basis under subsection 7b71 the ,secretary of ,homeland ,security shall provide notice to the alien regarding the provisions of this section and the requirements of paragraph 7#c7 to have the conditional basis of such status removed4 7#b7 ,termination of status 7,a7 ,in general ,the ,secretary shall terminate the conditional permanent resident status of any alien who obtained such status under this ,act1 if the ,secretary determines that the alien ceases to meet the requirements of subsection 7b77#a74 7,b7 ,return to country of origin ,any alien whose conditional permanent resident status is terminated under subparagraph 7,a7 shall be required to return to their country of origin4 7#c7 ,requirements of timely petition for removal of condition 7,a7 ,in general ,in order for the conditional basis of the permanent resident status obtained by an alien under subsection 7b7 to be removed1 the alien must file with the ,secretary of ,homeland ,security1 in accordance with paragraph 7#d71 a petition which requests the removal of such conditional basis and which provides1 under penalty of perjury1 the facts and information so that the ,secretary may make the determination described in subparagraph 7,b77i74 7,b7 ,adjudication of petition to remove condition 7i7 ,in general ,if a petition is filed in accordance with clause 7,a7 for an alien1 the ,secretary shall make a determination as to whether the alien meets the requirements set out in subparagraphs 7,a7 and 7,b7 of paragraph 7#d74 7ii7 ,removal of conditional basis if favorable determination ,if the ,secretary determines that the alien meets such requirements1 the ,secretary shall notify the alien of such determination and immediately remove the conditional basis of the status of the alien4 7iii7 ,termination of conditional status if unfavorable determination ,if the ,secretary determines that the alien does not meet such requirements1 the ,secretary shall notify the alien of such determination and terminate conditional permanent resident status of the alien as of the date of the determination4 7,c7 ,time to file petition ,an alien may petition to remove the conditional basis of lawful resident status during the period beginning #ij days before and ending #ahj days after either the date that is #c years after the date of granting conditional permanent resident status or any other expiration date of the conditional permanent resident status provided by the ,secretary in accordance with this ,act4 ,the alien shall be deemed in conditional permanent resident status in the ,united ,states during the period in which the petition is pending4 7#d7 ,details of petition 7,a7 ,contents of petition ,each petition for an alien under paragraph 7#c77;,a7 shall contain information to permit the ,secretary to determine whether each of the following requirements is met3 7i7 ,the alien has demonstrated good moral character during the entire period the alien has been a conditional permanent resident4 7ii7 ,the alien is in compliance with subsection 7b77#a74 7iii7 ,the alien has not abandoned the alien's residence in the ,united ,states4 ,the ,secretary shall presume that the alien has abandoned such residence if the alien is absent from the ,united ,states for more than #cfe days1 in the aggregate1 during the period of conditional residence1 unless the alien demonstrates that the alien has not abandoned the alien's residence4 ,an alien who is absent from the ,united ,states due to active service in the uniformed services has not abandoned the alien's residence in the ,united ,states during the period of such service4 7iv7 ,the alien has satisfied all ,federal income tax liabilities and is in good standing with the ,internal ,revenue ,service as described in 7,b7 of this paragraph4 7v7 ,where applicable1 can establish proof of registration under the ,military ,selective ,service ,act 7#ej ,u4,s4,c4 ,app4 #dea et seq474 7,b7 ,payment of ,income ,taxes 7i7 ,in general ,not later than the date on which status is adjusted under this section1 a conditional nonimmigrant or conditional nonimmigrant dependent shall satisfy any applicable ,federal tax liability by establishing that-- 7,i7 no such tax liability exists2 7,,ii7 all outstanding liabilities have been paid2 or 7,,iii7 the conditional nonimmigrant has entered into1 and is in compliance with1 an agreement for payment of all outstanding liabilities with the ,internal ,revenue ,service4 7ii7 ,applicable federal tax liability ,for purposes of 7i71 the term applicable ,federal tax liability means liability for ,federal taxes1 including penalties and interest1 owed for any year while classified as a conditional permanent resident for which the statutory period for assessment of any deficiency for such taxes has not expired4 7iii7 ,,irs cooperation ,the ,secretary of the ,treasury shall establish rules and procedures under which the ,commissioner of ,internal ,revenue shall provide documentation to-- 7,i7 a conditional permanent resident1 upon request1 to establish the payment of all taxes required under this subsection2 or 7,,ii7 the ,secretary1 upon request1 regarding the payment of ,federal taxes by an alien applying for a benefit under this section4 7iv7 ,compliance ,the alien may satisfy proof of compliance with this subsection by submitting documentation that establishes that-- 7,i7 no such tax liability exists2 7,,ii7 all outstanding liabilities have been met2 or 7,,iii7 the alien has entered into1 and is in compliance with1 an agreement for payment of all outstanding liabilities with the ,internal ,revenue ,service4 7b7 ,adjustment of status 7#a7 ,adjustment of status ,notwithstanding any other provision of law1 and except as otherwise provided in this ,act1 the ,secretary of ,homeland ,security may adjust the status of an alien granted a ,,pum visa1 subject to the conditional basis described in subsection 7a71 if the alien demonstrates that the alien is not inadmissible under paragraph 7#b7 7criminal grounds71 7#c7 7security grounds71 #d7;,a7 and 7,b7 7public charge71 #f7;,e7 7smugglers71 or #aj7;,c7 7child abductors7 of section #bab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a774 7#b7 ,mandatory fee ,aliens granted a waiver of inadmissibility from #bab7;a7 not listed in 7#a7 shall pay a #ejj fee that shall be deposited into the ,security and ,prosperity ,account as described in section #ejb of the ,comprehensive ,immigration ,reform ,,asap ,act of #bjac4 7#c7 ,aliens not subject to direct numerical limitations ,section #bja7;b77#a7 7#h ,u4,s4,c4 #aaea7;b77#a771 as amended by sections #caj1 #cac1 and #cag7;a7 of this ,act1 is further amended by adding at the end the following3 7,i7 ,aliens whose status is adjusted under section #bjc7;i74 4 #cai4 ,rulemaking ,the ,secretary shall promulgate regulations regarding the timely filing and processing of applications for visas awarded under section #bjc7;i7 of the ,immigration and ,nationality ,act1 as added by section #cag7;b7 of this ,act4 #cbj4 ,united ,states-educated immigrants 7a7 ,exemption from numerical limitations 7#a7 ,in general ,section #bja7;b77#a7 7#h ,u4,s4,c4 #aaea7;b77#a771 as amended by sections #caj1 #cac1 #cag7;a71 and #cah7;b77#c7 of this ,act1 is further amended by adding at the end the following3 7,j7 ,aliens who have earned a master's or higher degree from an accredited university in the ,united ,states4 7,k7 ,aliens who have been awarded medical specialty certification based on postdoctoral training and experience in the ,united ,states preceding their application for an immigrant visa under section #bjc7;b74 7,l7 ,aliens who will perform labor in shortage occupations designated by the ,secretary of ,labor for blanket certification under section #bab7;a77#e77;,a7 as lacking sufficient ,united ,states workers able1 willing1 qualified1 and available for such occupations and for which the employment of aliens will not adversely affect the terms and conditions of similarly employed ,united ,states workers4 7,m7 ,aliens who have earned a master's degree or higher in science1 technology1 engineering1 or mathematics and have been working in a related field in the ,united ,states in a nonimmigrant status during the #c-year period preceding their application for an immigrant visa under section #bjc7;b74 7,n7 ,aliens described in subparagraph 7,a7 or 7,b7 of section #bjc7;b77#a7 or who have received a national interest waiver under section #bjc7;b77#b77;,b74 7,o7 ,the spouse and minor children of an alien described in subparagraph 7,j71 7,k71 7,l71 7,m71 or 7,n74 4 7#b7 ,applicability ,the amendment made by paragraph 7#a7 shall apply to any visa application-- 7,a7 pending on the date of the enactment of this ,act2 or 7,b7 filed on or after such date of enactment4 7b7 ,labor certifications ,section #bab7;a77#e77;,a77ii7 7#h ,u4,s4,c4 #aahb7;a77#e77;,a77ii77 is amended-- 7#a7 in subclause 7,i71 by striking 1 or and inserting a semicolon2 7#b7 in subclause 7,,ii71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7,,iii7 is a member of the professions and has a master's degree or higher from an accredited university in the ,united ,states or has been awarded medical specialty certification based on postdoctoral training and experience in the ,united ,states4 4 7c7 ,attestation by health care workers 7#a7 ,requirement for attestation ,section #bab7;a77#e7 7#h ,u4,s4,c4 #aahb7;a77#e77 is amended by adding at the end the following3 7,e7 ,health care workers with other obligations 7i7 ,in general ,an alien who seeks to enter the ,united ,states for the purpose of performing labor as a physician or other health care worker is inadmissible unless the alien submits to the ,secretary of ,homeland ,security or the ,secretary of ,state1 as appropriate1 an attestation that the alien is not seeking to enter the ,united ,states for such purpose during any period in which the alien has an outstanding obligation to the government of the alien's country of origin or the alien's country of residence4 7ii7 ,obligation defined ,in this subparagraph1 the term obligation means an obligation incurred as part of a valid1 voluntary individual agreement in which the alien received financial assistance to defray the costs of education or training to qualify as a physician or other health care worker in consideration for a commitment to work as a physician or other health care worker in the alien's country of origin or the alien's country of residence4 7iii7 ,waiver ,the ,secretary of ,homeland ,security may waive a finding of inadmissibility under clause 7i7 if the ,secretary determines that-- 7,i7 the obligation was incurred by coercion or other improper means2 7,,ii7 the alien and the government of the country to which the alien has an outstanding obligation have reached a valid1 voluntary agreement1 pursuant to which the alien's obligation has been deemed satisfied1 or the alien has shown to the satisfaction of the ,secretary that the alien has been unable to reach such an agreement because of coercion or other improper means2 or 7,,iii7 the obligation should not be enforced due to other extraordinary circumstances1 including undue hardship that would be suffered by the alien in the absence of a waiver4 4 7#b7 ,effective date and application 7,a7 ,effective date ,the amendment made by paragraph 7#a7 shall become effective #ahj days after the date of the enactment of this ,act4 7,b7 ,application by the secretary ,the ,secretary shall begin to carry out section #bab7;a77#e77;,e7 of the ,immigration and ,nationality ,act1 as added by paragraph 7#a71 not later than the effective date described in subparagraph 7,a71 including the requirement for the attestation and the granting of a waiver described in such section1 regardless of whether regulations to implement such section have been promulgated4 #cba4 ,retaining workers subject to green card backlog 7a7 ,adjustment of status ,section #bde 7#h ,u4,s4,c4 #abee71 as amended by this title1 is further amended by adding at the end the following3 7n7 ,adjustment of status for employment-,based immigrants 7#a7 ,eligibility ,the ,secretary of ,homeland ,security shall promulgate regulations to provide for the filing of an application for adjustment of status by an alien 7and any eligible dependents of such alien71 regardless of whether an immigrant visa is immediately available at the time the application is filed1 if the alien-- 7,a7 has an approved petition under subparagraph 7,e7 or 7,f7 of section #bjd7;a77#a72 or 7,b7 at the discretion of the ,secretary1 has a pending petition under subparagraph 7,e7 or 7,f7 of section #bjd7;a77#a74 7#b7 ,visa availability ,an application filed pursuant to paragraph 7#a7 may not be approved until an immigrant visa becomes available4 7#c7 ,fees ,if an application is filed pursuant to paragraph 7#a71 the beneficiary of such application shall pay a supplemental fee of #ejj4 ,such fee may not be charged to any dependent accompanying or following to join such beneficiary4 7#d7 ,extension of employment authorization and advanced parole document 7,a7 ,in general ,the ,secretary of ,homeland ,security shall provide employment authorization and advanced parole documents1 in #c-year increments1 to beneficiaries of an application for adjustment of status based on a petition that is filed or1 at the discretion of the ,secretary1 pending1 under subparagraph 7,e7 or 7,f7 of section #bjd7;a77#a74 7,b7 ,fee adjustments ,application fees under this subsection may be adjusted in accordance with the #c-year period of validity assigned to the employment authorization or advanced parole documents under subparagraph 7,a74 4 7b7 ,use of fees ,section #bhf 7#h ,u4,s4,c4 #acef7 is amended-- 7#a7 in subsection 7m7-- 7,a7 by striking 7m7 ,notwithstanding any other provisions of law1 and inserting the following3 7m7 ,immigration examinations fee account 7#a7 ,in general ,notwithstanding any other provision of law1 all fees collected under section #bde7o77#c7 and 2 7,b7 by striking 3 ,provided1 however1 ,that all and inserting the following3 7#b7 ,virgin islands2 ,guam ,all 2 and 7,c7 by striking 3 ,provided further1 ,that fees and inserting the following3 7#c7 ,cost recovery ,fees 2 7#b7 in subsection 7n7-- 7,a7 by striking 7n7 ,all deposits and inserting the following3 7#d7 ,use of funds 7,a7 ,in general ,except as provided under subparagraph 7,b71 all deposits 2 and 7,b7 adding at the end the following3 7,b7 ,supplemental fee for adjustment of status of employment-based immigrants ,any amounts deposited into the ,immigration ,examinations ,fee ,account that were collected under section #bde7o77#c7 shall remain available until expended by the ,secretary of ,homeland ,security for backlog reduction and clearing security background check delays4 2 7#c7 in subsection 7o71 by striking 7o7 ,the ,attorney ,general and inserting the following3 7#e7 ,annual financial report to congress ,the ,attorney ,general 2 and 7#d7 in subsection 7p71 by striking 7p7 ,the provisions set forth in subsections 7m71 7n71 and 7o7 of this section and inserting the following3 7#f7 ,applicability ,the provisions set forth in this subsection shall 4 #cbb4 ,return of talent program 7a7 ,short title ,this section may be cited as the ,return of ,talent ,act4 7b7 ,establishment 7#a7 ,in general ,title ,,iii 7#h ,u4,s4,c4 #adja et seq47 is amended by inserting after section #cag the following3 #cag;,a4 ,temporary absence of persons participating in the return of talent program 7a7 ,in general ,the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,state1 shall establish the ,return of ,talent ,program to permit eligible aliens to temporarily return to the alien's country of citizenship in order to make a material contribution to that country if the country is engaged in postconflict or natural disaster reconstruction activities1 for a period not longer than #b years1 unless an exception is granted under subsection 7d74 7b7 ,eligible alien ,an alien is eligible to participate in the ,return of ,talent ,program established under subsection 7a7 if the alien meets the special immigrant description under section #aja7;a77#bg77,n74 7c7 ,family members ,the spouse1 parents1 siblings1 and any minor children of an alien who participates in the ,return of ,talent ,program established under subsection 7a7 may return to such alien's country of citizenship with the alien and reenter the ,united ,states with the alien4 7d7 ,extension of time ,the ,secretary of ,homeland ,security may extend the #b-year period referred to in subsection 7a7 upon a showing that circumstances warrant that an extension is necessary for postconflict or natural disaster reconstruction efforts4 7e7 ,residency requirements ,an immigrant described in section #aja7;a77#bg77,n7 who participates in the ,return of ,talent ,program established under subsection 7a71 and the spouse1 parents1 siblings1 and any minor children who accompany such immigrant to that immigrant's country of citizenship1 shall be considered1 during such period of participation in the program-- 7#a7 for purposes of section #caf7;a71 physically present and residing in the ,united ,states for purposes of naturalization within the meaning of that section2 and 7#b7 for purposes of section #caf7;b71 to meet the continuous residency requirements in that section4 7f7 ,oversight and enforcement ,the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,state1 shall oversee and enforce the requirements of this section4 4 7#b7 ,table of contents ,the table of contents 7#h ,u4,s4,c4 #aaja et seq47 is amended by inserting after the item relating to section #cag the following3 #cag;,a4 ,temporary absence of persons participating in the ,return of ,talent ,program4 4 7c7 ,eligible immigrants ,section #aja7;a77#bg7 7#h ,u4,s4,c4 #aaja7;a77#bg77 is amended by adding at the end the following3 7,n7 an immigrant who-- 7i7 has been lawfully admitted to the ,united ,states for permanent residence2 7ii7 demonstrates an ability and willingness to make a material contribution to the postconflict or natural disaster reconstruction in the alien's country of citizenship2 and 7iii7 as determined by the ,secretary of ,state in consultation with the ,secretary of ,homeland ,security-- 7,i7 is a citizen of a country in which ,armed ,forces of the ,united ,states are engaged1 or have engaged in the #aj years preceding such determination1 in combat or peacekeeping operations2 7,,ii7 is a citizen of a country where authorization for ,united ,nations peacekeeping operations was initiated by the ,united ,nations ,security ,council during the #aj years preceding such determination2 or 7,,iii7 is a citizen of a country which received1 during the preceding #b years1 funding from the ,office of ,foreign ,disaster ,assistance of the ,united ,states ,agency for ,international ,development in response to a declared disaster in such country by the ,united ,states ,ambassador1 the ,chief of the ,u4,s4 ,mission1 or the appropriate ,assistant ,secretary of ,state1 that is beyond the ability of such country's response capacity and warrants a response by the ,united ,states ,government4 4 7d7 ,report to ,congress ,not later than #b years after the date of the enactment of this ,act1 the ,secretary1 in consultation with the ,secretary of ,state1 shall submit a report to ,congress that describes-- 7#a7 the countries of citizenship of the participants in the ,return of ,talent ,program established under section #cag;,a of the ,immigration and ,nationality ,act1 as added by subsection 7b72 7#b7 the postconflict or natural disaster reconstruction efforts that benefitted1 or were made possible1 through participation in the program2 and 7#c7 any other information that the ,secretary determines to be appropriate4 7e7 ,regulations ,not later than #f months after the date of the enactment of this ,act1 the ,secretary shall promulgate regulations to carry out this section and the amendments made by this section4 7f7 ,authorization of appropriations ,there are authorized to be appropriated to ,united ,states ,citizenship and ,immigration ,services such sums as may be necessary to carry out this section and the amendments made by this section4 ,,iv ,earned ,legalization of ,undocumented ,individuals ,a ,conditional ,nonimmigrants #dja4 ,conditional nonimmigrants 7a7 ,in general 7#a7 ,required registration ,an alien as described in this section shall register with the ,department of ,homeland ,security by submitting biometric identification pursuant to subsection 7b7 and filing an application with the ,secretary that demonstrates the alien's compliance with the requirements listed in subsections 7b7 through 7e74 7#b7 ,classification ,notwithstanding any other provision of law1 including section #bdd7;h7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abed;a7h771 the ,secretary shall classify an alien as a conditional nonimmigrant or conditional nonimmigrant dependent if the alien registers pursuant to paragraph 7#a7 and is determined to meet the requirements listed in this section4 7b7 ,compliance with security and law enforcement background checks ,registration and classification as a conditional nonimmigrant or conditional nonimmigrant dependent under this section is contingent upon the submission of all required biometric data in accordance with procedures established by the ,secretary4 7c7 ,physical presence 7#a7 ,presence in the ,united ,states ,the alien shall establish that the alien-- 7,a7 was present in the ,united ,states on the date of the introduction of this ,act in the ,united ,states ,house of ,representatives2 7,b7 has been continuously present in the ,united ,states since the date described in subparagraph 7,a72 and 7,c7 was not legally present in the ,united ,states on the date of the introduction of this ,act in the ,united ,states ,house of ,representatives under any classification described in section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77 or has been in violation of status on or before such date4 7#b7 ,continuous presence ,for purposes of this subsection1 an absence from the ,united ,states without authorization for a continuous period of more than #ahj days between the date of the enactment of this ,act and the beginning of the application period for classification as a conditional nonimmigrant or conditional nonimmigrant dependent shall constitute a break in continuous physical presence4 ,individuals absent under advance parole shall not be considered as failing to meet the continuous physical presence requirement4 7d7 ,otherwise admissible to the ,united ,states 7#a7 ,in general ,an alien shall be eligible for classification as a conditional nonimmigrant or conditional nonimmigrant dependent if the ,secretary determines that the alien-- 7,a7 is not inadmissible to the ,united ,states under section #bab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a771 except as provided in paragraph 7#b72 7,b7 has not ordered1 incited1 assisted1 or otherwise participated in the persecution of any person on account of race1 religion1 nationality1 membership in a particular social group1 or political opinion2 and 7,c7 is not an alien-- 7i7 who has been convicted by final judgment of a particularly serious crime and constitutes a danger to the community of the ,united ,states2 7ii7 for whom there are reasonable grounds for believing that the alien has committed a particularly serious crime outside the ,united ,states before arriving in the ,united ,states2 or 7iii7 for whom there are reasonable grounds for regarding the alien as a danger to the security of the ,united ,states2 and 7iv7 who has been convicted of a felony or #c or more misdemeanors for which the alien has served not less than #ab months of imprisonment in the aggregate4 7#b7 ,grounds of inadmissibility ,in determining an alien's admissibility under paragraph 7#a77;,a7-- 7,a7 paragraphs 7#e71 7#f71 7#g71 7#i71 and 7#aj77;,b7 of section #bab7;a7 of such ,act shall not apply2 7,b7 the ,secretary may not waive-- 7i7 subparagraph 7,a71 7,b71 7,c71 7,d77ii71 7,e71 7,g71 7,h71 or 7,i7 of section #bab7;a77#b7 of such ,act 7relating to criminals72 7ii7 section #bab7;a77#c7 of such ,act 7relating to security and related grounds72 or 7iii7 subparagraph 7,a71 7,c71 or 7,d7 of section #bab7;a77#aj7 of such ,act 7relating to polygamists and child abductors72 7,c7 the ,secretary may waive the application of any provision of section #bab7;a7 of such ,act not listed in subparagraph 7,b7 on behalf of an individual alien for humanitarian purposes1 to ensure family unity1 or if such waiver is otherwise in the public interest2 and 7,d7 nothing in this paragraph shall be construed as affecting the authority of the ,secretary other than under this paragraph to waive the provisions of section #bab7;a7 of such ,act4 7#c7 ,applicability of other provisions ,sections #bdj;,b7d7 and #bda7;a77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;c7d7 and #abca7;a77#e77 shall not apply to an alien who is applying for classification under this section for conduct that occurred before the date of enactment of this ,act4 7e7 ,contributions to the ,united ,states through employment1 education1 military service or other commitment to the community 7#a7 ,in general ,the ,secretary shall not accept the registration of an alien1 or classify an alien as a conditional nonimmigrant or conditional nonimmigrant dependent unless the alien attests1 under penalty of perjury1 that he or she is contributing to the ,united ,states through one or more of the following enterprises-- 7,a7 the alien is employed full-time1 part-time1 or seasonally in the ,united ,states1 is self-employed1 or is actively seeking employment2 7,b7 is enrolled full- or part-time in an accredited secondary or post-secondary school1 university1 or other institution of higher education1 or an accredited vocational1 technical1 or other training program2 7,c7 is a member of the active or reserve ,armed ,services1 the ,national ,guard1 or other government sponsored civil service program2 or 7,d7 otherwise establishes1 to the satisfaction of the ,secretary1 that the alien is an active volunteer or community member4 7#b7 ,exemptions ,the requirements in paragraph 7#a7 shall not apply to any individual who1 at the time of registration-- 7,a7 is #fe years of age or older1 has a physical or mental disability1 is pregnant1 is the primary caregiver to a child under the age of #af or to an elderly or disabled person1 or is on official extended medical leave2 7,b7 is the spouse of a ,united ,states citizen or lawful permanent resident2 7,c7 is a child #ba years of age or younger of a ,united ,states citizen or lawful permanent resident2 or 7,d7 has been physically present in the ,united ,states for a continuous period of not less than #e years immediately preceding the date of enactment of this ,act1 and had not yet reached the age of #af years at the time of initial entry and had not yet reached the age of #ce years on the date of the enactment of this ,act4 7#c7 ,definitions ,in this subtitle3 7,a7 ,institution of higher education ,the term institution of higher education has the meaning given that term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7,b7 ,uniformed services ,the term uniformed services has the meaning given that term in section #aja7;a7 of title #aj1 ,united ,states ,code4 7f7 ,special rule for spouses and children ,notwithstanding any other provision of law1 the ,secretary shall classify the spouse or child of a conditional nonimmigrant as a conditional nonimmigrant dependent1 or provide the spouse or child with a conditional nonimmigrant dependent visa if-- 7#a7 the spouse or child is not otherwise inadmissible to the ,united ,states as described in subsection 7d72 7#b7 in the case of a child1 was #ba years of age or younger on the date of enactment of this ,act2 or 7#c7 in the case of a spouse1 was married to the conditional nonimmigrant on or before the date of enactment and is married at the time of the application2 7#d7 except that the spouse or child of an alien who was subsequently classified as a conditional nonimmigrant under this ,act may apply for classification as a conditional nonimmigrant if the spousal or parental relationship has terminated and-- 7,a7 the termination of the relationship with such spouse or parent was connected to domestic violence2 and 7,b7 the spouse or child has been battered or subjected to extreme cruelty by the spouse or parent who is a conditional nonimmigrant4 7g7 ,application procedures1 fee and penalty 7#a7 ,application procedures ,for purposes of establishing enrollment in this program1 an application shall be considered complete if it includes appropriate biometric data1 applicable fees1 penalties through fines1 and answers fully and completely all questions attesting to eligibility as described in subsections 7a7 through 7f74 ,the ,secretary may require evidence upon initial submission of the application sufficient to establish prima facie eligibility for conditional nonimmigrant or conditional nonimmigrant dependent status4 ,the ,secretary may1 at his or her discretion1 require additional evidence or an interview to make a final determination that an alien has established eligibility for classification4 7#b7 ,application fee and penalty 7,a7 ,application fee ,the ,secretary shall impose a fee for filing an application under this section4 ,such fee shall be sufficient to cover the administrative and other expenses incurred in connection with the review of such applications4 7,b7 ,penalty 7i7 ,in general ,except as provided under clause 7ii71 an alien filing an application under this section shall submit to the ,secretary1 in addition to the fee required under subparagraph 7,a71 a fine of #ejj4 7ii7 ,exception ,an alien who is classified as a conditional nonimmigrant who qualifies for classification based on the exemption in subsection 7e77#b77;,d7 or a conditional nonimmigrant dependent because he or she was younger than #ba years of age on the date of enactment of this ,act shall not be required to pay a fine under this paragraph4 7,c7 ,disposition of fees and fines 7i7 ,fees ,fees collected under this paragraph shall be deposited into the ,immigration ,examination ,fee ,account and remain available as provided under subsections 7m7 and 7n7 of section #bhf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef74 7ii7 ,fines ,fines collected under this paragraph shall be deposited into the ,security and ,prosperity ,account established under section #bhf7w7 of such ,act4 7h7 ,treatment of applicants 7#a7 ,in general ,an alien who files an application under this section to become a conditional nonimmigrant or a conditional nonimmigrant dependent shall be considered enrolled in the program pursuant to subsection 7a77#b7 until such time as a final determination is made on the application for classification4 ,following submission of biometric data pursuant to subsection 7b7 and successful clearance of the ,secretary's security and criminal background checks1 a registered alien-- 7,a7 shall be granted employment authorization pending final adjudication of the alien's application2 7,b7 shall be granted permission to travel abroad2 7,c7 may not be detained for immigration purposes1 determined inadmissible or deportable1 or removed pending final adjudication of the alien's application1 unless the alien1 due to subsequent conduct or criminal conviction1 becomes ineligible for conditional nonimmigrant classification2 and 7,d7 may not be considered an unauthorized alien 7as defined in section #bgd;,a7h77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7h77#c777 until employment authorization under subparagraph 7,a7 is denied4 7#b7 ,document of authorization ,the ,secretary shall provide each alien described in paragraph 7#a7 with a counterfeit-resistant document of authorization that-- 7,a7 meets all current requirements established by the ,secretary for travel documents1 including the requirements under section #djc of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note72 and 7,b7 reflects the benefits and status set forth in paragraph 7#a74 7#c7 ,before application period ,if an alien is apprehended between the date of the enactment of this ,act and the date on which the alien files an application under this section1 and the alien can establish prima facie eligibility as a conditional nonimmigrant or a conditional nonimmigrant dependent1 the alien shall not be detained and the ,secretary shall provide the alien with a reasonable opportunity to file an application under this section4 7#d7 ,during certain proceedings ,notwithstanding any provision of the ,immigration and ,nationality ,act1 if an immigration judge determines that an alien who is in removal proceedings has made a prima facie case of eligibility for classification as a conditional nonimmigrant or a conditional nonimmigrant dependent1 the judge shall administratively close such proceedings and permit the alien a reasonable opportunity to apply for such classification4 7#e7 ,relationships of application to certain orders 7,a7 ,in general ,an alien who is present in the ,united ,states and has been ordered excluded1 deported1 removed1 or ordered to depart voluntarily from the ,united ,states under any provision of the ,immigration and ,nationality ,act-- 7i7 notwithstanding such order1 may apply for classification as a conditional nonimmigrant or conditional nonimmigrant dependent under this subtitle2 7ii7 shall not be required to file a separate motion to reopen1 reconsider1 or vacate the exclusion1 deportation1 removal1 or voluntary departure order2 and 7iii7 the filing of an application for conditional nonimmigrant or conditional nonimmigrant dependent status shall stay the removal of the alien pending final adjudication of the application1 unless the removal or detainment of the alien is based on criminal or national security-related grounds that would render the alien ineligible under this section4 7,b7 ,application granted ,if the ,secretary grants the application described in subparagraph 7,a77i71 the ,secretary shall cancel the order described in subparagraph 7,a74 7,c7 ,application denied ,if the ,secretary renders a final administrative decision to deny the application described in subparagraph 7,a77i71 the order described in subparagraph 7,a7 shall be effective and enforceable to the same extent as if the application had not been made4 7i7 ,classification 7#a7 ,benefits and ,documentation ,if the ,secretary determines that an alien is eligible for classification as a conditional nonimmigrant or conditional nonimmigrant dependent1 the alien shall be entitled to all benefits described in subsection 7h77#a74 ,the ,secretary may authorize the use of a document described in subsection 7h77#b7 as evidence of such classification or may issue additional documentation as evidence of classification as a conditional nonimmigrant or conditional nonimmigrant dependent4 7#b7 ,period of authorized stay 7,a7 ,in general ,except as provided under subparagraph 7,c71 the period of authorized stay for a conditional nonimmigrant or a conditional nonimmigrant dependent shall be #f years from the date on which such status is conferred4 7,b7 ,extension ,the ,secretary may extend the period described in subparagraph 7,a7 in additional #e-year increments provided that the alien continues to meet the requirements of this section4 7j7 ,termination of benefits 7#a7 ,in general ,any benefit provided to an alien seeking classification as a conditional nonimmigrant or conditional nonimmigrant dependent1 or who is classified as such1 under this section shall terminate if-- 7,a7 the ,secretary determines that the alien is ineligible for such classification and all review procedures under section #fjc have been exhausted or waived by the alien2 7,b7 the alien has used documentation issued under this section for unlawful or fraudulent purposes2 or 7,c7 in the case of the spouse or child of an alien applying for classification as a conditional nonimmigrant or classified as a conditional nonimmigrant under this section1 the benefits for the principal alien are terminated unless benefits are terminated due to the death of the principal applicant2 provided that the spouse or child shall be given a reasonable opportunity to apply independently for classification under this section4 7k7 ,dissemination of information on conditional nonimmigrant program ,during the #ab-month period immediately following the issuance of regulations implementing this section1 the ,secretary1 in cooperation with entities approved by the ,secretary1 shall broadly disseminate information respecting conditional nonimmigrant or conditional nonimmigrant dependent classification under this section and the requirements to be satisfied to obtain such classification4 ,the ,secretary shall disseminate information to employers and labor unions to advise them of the rights and protections available to them and to workers who file applications under this section4 ,such information shall be broadly disseminated1 in the principal languages1 as determined by the ,secretary1 spoken by aliens who would qualify for classification under this section1 including to television1 radio1 and print media to which such aliens would have access4 7l7 ,construction clause ,nothing in this subsection shall be construed to prevent an alien described in this section from filing an application for an immigration benefit in accordance with any other provision of law4 #djb4 ,adjustment of status for conditional nonimmigrants 7a7 ,requirements 7#a7 ,in general ,notwithstanding any other provision of law1 including section #bdd7;h7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abed;a7h771 the ,secretary may adjust the status of a conditional nonimmigrant or a conditional nonimmigrant dependent to that of an alien lawfully admitted for permanent residence if the conditional nonimmigrant or conditional nonimmigrant dependent satisfies the applicable requirements under this subsection4 7#b7 ,fulfillment of conditional requirements ,a conditional nonimmigrant applying for adjustment of status under this section shall establish that during the #e-year period immediately preceding the application for adjustment of status1 he or she has fulfilled the requirements of the alien's conditional status by demonstrating that the alien-- 7,a7 has not been convicted of any offenses that would render the alien inadmissible as described in subsection 7b72 7,b7 has satisfied all past or current ,federal income tax liabilities and is in good standing with the ,internal ,revenue ,service as described in subsection 7c72 7,c7 can establish that he or she has contributed to the community through employment1 education1 military service or other enterprise as described in subsection 7d72 7,d7 has demonstrated sufficient mastery of basic ,english skills as described in subsection 7e72 and 7,e7 where applicable1 can establish proof of registration under the ,military ,selective ,service ,act 7#ej ,u4,s4,c4 ,app4 #dea et seq474 7b7 ,admissible under immigration laws ,a conditional nonimmigrant or conditional nonimmigrant dependent applying for adjustment of status under this section shall establish that he or she is not inadmissible under section #bab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a771 except for any provision under that section that is not applicable or waived under paragraph 7#b7 or 7#c7 of section #dja7;d74 ,for purposes of an application filed under this section1 any prior waiver of inadmissibility granted to an alien under section #dja7;d77#b7 shall remain in effect with respect to the specific conduct considered by the ,secretary at the time of classification under section #dja4 7c7 ,payment of income taxes 7#a7 ,in general ,not later than the date on which status is adjusted under this section1 a conditional nonimmigrant or conditional nonimmigrant dependent shall satisfy any applicable ,federal tax liability by establishing that-- 7,a7 no such tax liability exists2 7,b7 all outstanding liabilities have been paid2 or 7,c7 the conditional nonimmigrant has entered into1 and is in compliance with1 an agreement for payment of all outstanding liabilities with the ,internal ,revenue ,service4 7#b7 ,applicable ,federal tax liability ,for purposes of paragraph 7#a71 the term applicable ,federal tax liability means liability for ,federal taxes1 including penalties and interest1 owed for any year while classified as a conditional nonimmigrant or conditional nonimmigrant dependent for which the statutory period for assessment of any deficiency for such taxes has not expired4 7#c7 ,,irs cooperation ,the ,secretary of the ,treasury shall establish rules and procedures under which the ,commissioner of ,internal ,revenue shall provide documentation to-- 7,a7 a conditional nonimmigrant or conditional nonimmigrant dependent1 upon request1 to establish the payment of all taxes required under this subsection2 or 7,b7 the ,secretary1 upon request1 regarding the payment of ,federal taxes by an alien applying for a benefit under this section4 7#d7 ,compliance ,the alien may satisfy proof of compliance with this subsection by submitting documentation that establishes that-- 7,a7 no such tax liability exists2 7,b7 all outstanding liabilities have been met2 or 7,c7 the alien has entered into1 and is in compliance with1 an agreement for payment of all outstanding liabilities with the ,internal ,revenue ,service4 7d7 ,contributions to the ,united ,states ,through ,employment1 ,education1 ,military ,service or other ,commitment to the ,community 7#a7 ,an alien shall demonstrate contributions to the ,united ,states by submitting evidence that he or she-- 7,a7 is or has been engaged in full-time1 part-time1 self1 or seasonal employment in the ,united ,states2 or 7,b7 has completed or is enrolled in an accredited education program as described under subsection 7e77#a77;,b7 of section #dja2 or 7,c7 is serving in the military or has completed military service as described in subsection 7e77#a77;,c7 of section #dja2 or 7,d7 otherwise establishes1 to the satisfaction of the ,secretary1 that the alien is an active volunteer or community member2 or 7,e7 is exempt from these requirements1 as described under subsection 7e77#b7 of section #dja2 and 7,f7 is self-sufficient or self-supporting1 including through the support of family1 community members1 or others1 as determined by the ,secretary1 such that the alien is not a public charge or at risk of becoming a public charge4 7#b7 ,evidence of employment1 education1 military service or other contributions 7,a7 ,conclusive documents ,an alien may conclusively establish compliance with paragraph 7#a7 by submitting records to the ,secretary that demonstrate such employment1 education1 military service1 or other contributions that have been maintained by the ,social ,security ,administration1 the ,internal ,revenue ,service1 the ,armed ,services or any other ,federal1 ,state1 or local government agency or public or private educational institution4 7,b7 ,other documents ,an alien who is unable to submit a document described in subparagraph 7,a7 may satisfy the requirement under paragraph 7#a7 by submitting to the ,secretary at least #b other types of reliable documents that provide evidence of contributions to the ,united ,states1 including-- 7i7 bank records2 7ii7 business records2 7iii7 employer records2 7iv7 records of a labor union1 day labor center1 or organization that assists workers in employment2 7v7 records of a registered charitable1 voluntary or #eja7;c77#c7 nonprofit organization2 7vi7 sworn affidavits from nonrelatives who have direct knowledge of the alien's contribution1 that contain-- 7,i7 the name1 address1 and telephone number of the affiant2 7,,ii7 the nature and duration of the relationship between the affiant and the alien2 and 7,,iii7 other verification or information2 and 7vii7 remittance records4 7,c7 ,additional documents and restrictions ,the ,secretary may-- 7i7 designate additional documents to evidence employment1 education1 military service or and other contributions to the ,united ,states2 and 7ii7 set such terms and conditions on the use of affidavits as is necessary to verify and confirm the identity of any affiant or otherwise prevent fraudulent submissions4 7#c7 ,burden of proof ,an alien described in paragraph 7#a7 who is applying for adjustment of status under this section shall prove1 by a preponderance of the evidence1 that the alien has satisfied the requirements of this subsection4 ,an alien may meet such burden of proof by producing sufficient evidence to demonstrate employment1 education1 military service1 or other contribution to the ,united ,states as a matter of reasonable inference4 7e7 ,basic citizenship skills 7#a7 ,in general ,except as provided under paragraph 7#b71 a conditional nonimmigrant or conditional nonimmigrant dependent shall establish that he or she-- 7,a7 meets the requirements under section #cab of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adbc72 7,b7 earned a high school diploma or obtained a general education development certificate in the ,united ,states2 or 7,c7 is satisfactorily pursuing a course of study to achieve such an understanding of ,english and knowledge and understanding of the history and ,government of the ,united ,states4 7#b7 ,relation to naturalization examination ,a conditional nonimmigrant or conditional nonimmigrant dependent who demonstrates that he or she meets the requirements under such section #cab may be considered to have satisfied the requirements of that section for purposes of becoming naturalized as a citizen of the ,united ,states under title ,,iii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adja et seq474 7#c7 ,exceptions 7,a7 ,mandatory ,paragraph 7#a7 shall not apply to any person who is unable to comply with those requirements because of a physical or developmental disability or mental impairment 7as described in section #cab7;b77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adbc7;b77#a7774 7,b7 ,discretionary ,the ,secretary may waive all or part of paragraph 7#a7 for a conditional nonimmigrant who is at least #fe years of age on the date on which an application is filed for adjustment of status under this section4 7f7 ,application procedure1 fees1 and fines 7#a7 ,compliance with all requirements ,a conditional nonimmigrant or conditional nonimmigrant dependent seeking to adjust status to that of a lawful permanent resident shall submit to a full medical examination and all security and other law enforcement checks required of an applicant for adjustment under section #bde of the ,immigration and ,nationality ,act4 7#b7 ,application and fee ,the ,secretary shall promulgate regulations establishing procedures for submitting an application for adjustment of status under this section4 ,the ,secretary shall impose a fee for filing an application for adjustment of status under this section which shall be sufficient to cover the administrative and other expenses incurred in connection with the review of such applications4 7#c7 ,deposit of fees ,fees collected under this paragraph shall be deposited into the ,immigration ,examination ,fee ,account and shall remain available as provided under subsections 7m7 and 7n7 of section #bhf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef74 7g7 ,treatment of conditional nonimmigrant dependents 7#a7 ,adjustment of status ,notwithstanding any other provision of law1 the ,secretary may-- 7,a7 adjust the status of a conditional nonimmigrant dependent to that of a person admitted for lawful permanent residence if the principal conditional nonimmigrant spouse or parent has been found eligible for adjustment of status under this section1 provided that the dependent complies with subparagraphs 7,a71 7,b71 and 7,e71 where applicable1 of subsection 7a77#b7 and completes the application requirements described in subsection 7f72 7,b7 adjust the status of a conditional nonimmigrant dependent who was the spouse or child of an alien who was classified as a conditional nonimmigrant1 or was eligible for such classification under section #dja1 to that of a person admitted for permanent residence if-- 7i7 the termination of the relationship with such spouse or parent was connected to domestic violence2 and 7ii7 the spouse or child has been battered or subjected to extreme cruelty by the spouse or parent2 provided that the dependent complies with subparagraphs 7,a71 7,b71 and 7,e71 where applicable1 of subsection 7a77#b7 and completes the application requirements described in subsection 7g74 7#b7 ,application of other law ,in processing applications under this subsection on behalf of aliens who have been battered or subjected to extreme cruelty1 the ,secretary shall apply-- 7,a7 the provisions under section #bjd7;a77#a77;,j7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7;a77#a77;,j772 and 7,b7 the protections1 prohibitions1 and penalties under section #chd of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acfg74 7h7 ,back of the line 7#a7 ,in general ,an alien may not adjust status to that of a lawful permanent resident status under this ,act until that earlier of-- 7,a7 #cj days after an immigrant visa becomes available for petitions filed under section #bja1 #bjb1 or #bjc of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea1 #aaeb1 and #aaec71 which were filed before the date of enactment of this ,act2 or 7,b7 #f years after the date of the enactment of this ,act4 7#b7 ,special rule for conditional immigrants qualifying under subsection 7e77#b77;,d7 of section #dja ,an alien who qualifies as a conditional nonimmigrant as described in subsection 7e77#b77;,d7 of section #dja shall be eligible to apply for adjustment of status immediately upon the completion of one of the following3 7,a7 ,the alien has acquired a degree from an institution of higher education in the ,united ,states or has completed at least #b years1 in good standing1 in a program for a bachelor's degree or higher degree in the ,united ,states4 7,b7 ,the alien has served in the uniformed services for at least #b years and1 if discharged1 has received an honorable discharge4 7,c7 ,the alien has been employed full-time1 part-time1 or seasonally for at least #b years prior to date of application4 7#c7 ,naturalization ,for purposes of naturalization only1 aliens who adjust their status to that of a lawful permanent resident under the special rule described in paragraph 7#b7 shall be eligible to apply for naturalization #c years after the date on which adjustment of status is granted4 7i7 ,ineligibility for public benefits ,for purposes of section #djc of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afac71 an alien whose status has been adjusted under this section shall not be eligible for any ,federal means-tested public benefit unless the alien meets the alien eligibility criteria for such benefit under title ,,iv of such ,act 7#h ,u4,s4,c4 #afja et seq474 #djc4 ,administrative and judicial review 7a7 ,administrative review 7#a7 ,single level of administrative ,appellate review ,the ,secretary of ,homeland ,security shall establish an independent appellate authority within the ,bureau of ,citizenship and ,immigration ,services to provide for a single level of administrative appellate review of a determination respecting an application for classification or adjustment of status under this subtitle4 7#b7 ,standard for review ,administrative appellate review referred to in paragraph 7#a7 shall be based solely upon the administrative record established at the time of the determination on the application and upon the presentation of additional or newly discovered evidence during the time of the pending appeal or subsequently on motion to reopen4 7b7 ,judicial review 7#a7 ,direct review ,a person whose application for classification or adjustment of status under this subtitle is denied after administrative appellate review under subsection 7a7 may seek review of such denial1 in accordance with chapter #g of title #e1 ,united ,states ,code1 before the ,united ,states district court for the district in which the person resides4 7#b7 ,review after removal proceedings ,there shall be judicial review in the ,federal courts of appeal of the denial of an application for classification or adjustment of status under this subtitle in conjunction with judicial review of an order of removal1 deportation1 or exclusion4 7#c7 ,standard for judicial review ,judicial review of a denial of an application under this subtitle shall be based upon the administrative record established at the time of the review1 but the court may remand the case to the agency for consideration of additional evidence where the court finds that the evidence is material and there were reasonable grounds for failure to adduce the evidence before the agency4 ,notwithstanding any other provision of law1 judicial review of all questions arising from a denial of an application under this subtitle shall be governed by the standard of review set forth in chapter #g of title #e1 ,united ,states ,code4 7#d7 ,remedial powers ,notwithstanding any other provision of law1 the district courts of the ,united ,states shall have jurisdiction over any cause or claim arising from a pattern or practice of the ,secretary of ,homeland ,security in the operation or implementation of this subtitle that is arbitrary1 capricious1 or otherwise contrary to law1 and may order any appropriate relief4 ,the district courts may order any appropriate relief in accordance with the preceding sentence without regard to exhaustion1 ripeness1 or other standing requirements 7other than constitutionally mandated requirements71 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 practicable4 7c7 ,stay of removal ,aliens seeking administrative or judicial review under this section shall not be removed from the ,united ,states until a final decision is rendered establishing ineligibility under this subtitle4 #djd4 ,mandatory disclosure of information 7a7 ,mandatory disclosure ,the ,secretary and the ,secretary of ,state shall provide a duly recognized law enforcement entity that submits a written request with the information furnished pursuant to an application filed under this subtitle1 and any other information derived from such furnished information1 in connection with a criminal investigation or prosecution1 or a national security investigation or prosecution1 of an individual suspect or group of suspects4 7b7 ,limitations ,except as otherwise provided under this section1 no ,federal agency1 or any officer1 employee1 or agent of such agency1 may-- 7#a7 use the information furnished by the applicant pursuant to an application for benefits under this subtitle for any purpose other than to make a determination on the application2 7#b7 make any publication through which the information furnished by any particular applicant can be identified2 or 7#c7 permit anyone other than the sworn officers and employees of such agency to examine individual applications4 7c7 ,construction ,nothing under subsection 7b7 shall prevent an alien or an alien's attorney access to his or her application1 case file1 or information related to such application or adjudication thereof4 7d7 ,criminal penalty ,any person who knowingly uses1 publishes1 or permits information to be examined in violation of this section shall be fined not more than #aj1jjj4 #dje4 ,penalties for false statements in applications 7a7 ,criminal ,penalty 7#a7 ,violation ,it shall be unlawful for any person-- 7,a7 to file1 or assist in filing1 an application for benefits under this subtitle2 and 7i7 to knowingly and willfully falsify1 misrepresent1 conceal1 or cover up a material fact2 7ii7 to make any false1 fictitious1 or fraudulent statements or representations2 or 7iii7 to make or use any false writing or document knowing the same to contain any false1 fictitious1 or fraudulent statement or entry2 or 7,b7 to create or supply a false writing or document for use in making such an application4 7#b7 ,penalty ,any person who violates paragraph 7#a7 shall be fined in accordance with title #ah1 ,united ,states ,code1 imprisoned not more than #e years1 or both4 7b7 ,inadmissibility ,an alien who is convicted of violating subsection 7a7 shall be considered to be inadmissible to the ,united ,states on the ground described in section #bab7;a77#f77;,c77i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#f77;,c77i774 7c7 ,exception ,notwithstanding subsections 7a7 and 7b71 any alien or other entity 7including an employer or union7 that submits an employment record that contains incorrect data used by the alien to obtain such employment1 shall not1 on that ground1 be determined to have violated this section4 #djf4 ,aliens not subject to direct numerical limitations ,section #bja7;b77#a7 7#h ,u4,s4,c4 #aaea7;b77#a771 as amended by title ,,iii1 is further amended-- 7#a7 in subparagraph 7,a71 by striking subparagraph 7,a7 or 7,b7 of2 and 7#b7 by adding at the end the following3 7,n7 ,aliens whose status is adjusted from that of a conditional nonimmigrant or conditional nonimmigrant dependent4 4 #djg4 ,employer protections 7a7 ,immigration status of alien ,employers of aliens applying for conditional nonimmigrant or conditional nonimmigrant dependent classification or adjustment of status under section #dja or #djb shall not be subject to civil and criminal tax liability relating directly to the employment of such alien before receiving employment authorization under this subtitle4 7b7 ,provision of employment records ,employers that provide unauthorized aliens with copies of employment records or other evidence of employment pursuant to an application for conditional nonimmigrant or conditional nonimmigrant dependent classification or adjustment of status under section #dja or #djb or any other application or petition pursuant to any other immigration law1 shall not be subject to civil and criminal liability under section #bgd;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7 for employing such unauthorized aliens4 7c7 ,applicability of other law ,nothing in this section may be used to shield an employer from liability under section #bgd;,b of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;b7 or any other labor or employment law4 #djh4 ,limitations on eligibility 7a7 ,in general ,an alien is not ineligible for any immigration benefit under any provision of this subtitle1 or any amendment made by this subtitle1 solely on the basis that the alien violated section #aedc1 #aedd1 or #aedf of title #ah1 ,united ,states ,code1 or any amendment made by this ,act1 during the period beginning on the date of the enactment of this ,act and ending on the date on which the alien applies for any benefits under this subtitle4 7b7 ,prosecution ,an alien who violates section #aedc1 #aedd1 or #aedf of such title1 or any amendment made by this ,act1 during the period beginning on the date of the enactment of this ,act and ending on the date that the alien applies for eligibility for such benefit may be prosecuted for the violation if the alien's application for such benefit is denied4 #dji4 ,rulemaking ,the ,secretary shall promulgate regulations regarding the timely filing and processing of applications for benefits under this subtitle4 #daj4 ,correction of ,social ,security records 7a7 ,in general ,section #bjh7;e77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #djh7;e77#a77 is amended-- 7#a7 in subparagraph 7,b77ii71 by striking or at the end2 7#b7 in subparagraph 7,c71 by inserting or at the end2 7#c7 by inserting after subparagraph 7,c7 the following3 7,d7 who is granted an adjustment of immigration status pursuant to the ,,cir ,,asap ,act of #bjac or an amendment made by that ,act1 2 and 7#d7 by striking #aiij4 and inserting #aiij1 or in the case of an alien described in subparagraph 7,d71 if such conduct is alleged to have occurred before the date on which the alien was granted an adjustment of status described in such subparagraph44 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect on the first day of the seventh month that begins after the date of the enactment of this ,act4 #daa4 ,restoration of ,state option to determine residency for purposes of higher education benefits 7a7 ,in ,general ,section #eje of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #afbc7 is repealed4 7b7 ,effective ,date ,the repeal under subsection 7a7 shall take effect as if included in the enactment of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7division ,c of ,public ,law #ajd-bjh2 #aaj ,stat4 #cjji-edf74 #dab4 ,authorization of appropriations 7a7 ,in general ,there are authorized to be appropriated to the ,secretary such sums as may be necessary to carry out this subtitle and the amendments made by this subtitle4 7b7 ,availability of funds ,funds appropriated pursuant to subsection 7a7 shall remain available until expended4 7c7 ,sense of ,congress ,it is the sense of ,congress that funds authorized to be appropriated under subsection 7a7 should be directly appropriated so as to facilitate the orderly and timely commencement of the processing of applications filed under sections #dja and #djb4 ,b ,agricultural ,job ,opportunities1 ,benefits1 and ,security #a ,title and definitions #dba4 ,short title ,this subtitle may be cited as the ,agricultural ,job ,opportunities1 ,benefits1 and ,security ,act of #bjac or the ,ag,j,o,b,s ,act of #bjac4 #dbb4 ,definitions ,in this ,act3 7#a7 ,agricultural employment ,the term agricultural employment means any service or activity that is considered to be agricultural under section #c7;f7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;f77 or agricultural labor under section #caba7;g7 of the ,internal ,revenue ,code of #aihf or the performance of agricultural labor or services described in section #aja7;a77#ae77;,h77ii77a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77ii77a774 7#b7 ,blue card status ,the term blue card status means the status of an alien who has been lawfully admitted into the ,united ,states for temporary residence under section #aja7;a74 7#c7 ,department ,the term ,department means the ,department of ,homeland ,security4 7#d7 ,employer ,the term employer means any person or entity1 including any farm labor contractor and any agricultural association1 that employs workers in agricultural employment4 7#e7 ,secretary ,except as otherwise provided1 the term ,secretary means the ,secretary of ,homeland ,security4 7#f7 ,work day ,the term work day means any day in which the individual is employed #e4ge or more hours in agricultural employment4 #b ,pilot ,program for ,earned ,status ,adjustment of ,agricultural ,workers ,a ,blue card status #dca4 ,requirements for blue card status 7a7 ,requirement ,to grant blue card status ,notwithstanding any other provision of law1 the ,secretary shall1 pursuant to the requirements of this section1 grant blue card status to an alien who qualifies under this section if the ,secretary determines that the alien-- 7#a7 during the #bd-month period ending on ,december #ca1 #bjac-- 7,a7 performed agricultural employment in the ,united ,states for at least #hfc hours or #aej work days2 or 7,b7 earned at least #g1ejj from agricultural employment in the ,united ,states2 7#b7 applied for such status during the #ah-month application period beginning on the first day of the seventh month that begins after the date of enactment of this ,act2 7#c7 is otherwise admissible to the ,united ,states under section #bab of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb71 except as otherwise provided under section #aje7;b72 and 7#d7 has not been convicted of any felony or a misdemeanor1 an element of which involves bodily injury1 threat of serious bodily injury1 or harm to property in excess of #ejj4 7b7 ,authorized travel ,an alien who is granted blue card status is authorized to travel outside the ,united ,states 7including commuting to the ,united ,states from a residence in a foreign country7 in the same manner as an alien lawfully admitted for permanent residence4 7c7 ,authorized employment ,the ,secretary shall provide an alien who is granted blue card status an employment authorized endorsement or other appropriate work permit1 in the same manner as an alien lawfully admitted for permanent residence4 7d7 ,termination of blue card status 7#a7 ,deportable aliens ,the ,secretary shall terminate blue card status granted to an alien if the ,secretary determines that the alien is deportable4 7#b7 ,other grounds for termination ,the ,secretary shall terminate blue card status granted to an alien if-- 7,a7 the ,secretary finds1 by a preponderance of the evidence1 that the adjustment to blue card status was the result of fraud or willful misrepresentation1 as described in section #bab7;a77#f77;,c77i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#f77;,c77i772 or 7,b7 the alien-- 7i7 commits an act that makes the alien inadmissible to the ,united ,states under section #bab of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb71 except as provided under section #aje7;b72 7ii7 is convicted of a felony or #c or more misdemeanors committed in the ,united ,states2 7iii7 is convicted of an offense1 an element of which involves bodily injury1 threat of serious bodily injury1 or harm to property in excess of #ejj2 or 7iv7 fails to perform the agricultural employment required under paragraph 7#a77;,a7 of section #ajc7;a7 unless the alien was unable to work in agricultural employment due to the extraordinary circumstances described in paragraph 7#c7 of such section4 7e7 ,record of employment 7#a7 ,in general ,each employer of an alien granted blue card status shall annually-- 7,a7 provide a written record of employment to the alien2 and 7,b7 provide a copy of such record to the ,secretary4 7#b7 ,civil penalties 7,a7 ,in general ,if the ,secretary finds1 after notice and opportunity for a hearing1 that an employer of an alien granted blue card status has failed to provide the record of employment required under paragraph 7#a7 or has provided a false statement of material fact in such a record1 the employer shall be subject to a civil penalty in an amount not to exceed #a1jjj per violation4 7,b7 ,limitation ,the penalty applicable under subparagraph 7,a7 for failure to provide records shall not apply unless the alien has provided the employer with evidence of employment authorization granted under this section4 7#c7 ,sunset ,the obligation under paragraph 7#a7 shall terminate on the date that is #f years after the date of the enactment of this ,act4 7f7 ,required features of identity card ,the ,secretary shall provide each alien granted blue card status1 and the spouse and any child of each such alien residing in the ,united ,states1 with a card that contains-- 7#a7 an encrypted1 machine-readable1 electronic identification strip that is unique to the alien to whom the card is issued2 7#b7 biometric identifiers1 including fingerprints and a digital photograph2 and 7#c7 physical security features designed to prevent tampering1 counterfeiting1 or duplication of the card for fraudulent purposes4 7g7 ,fine ,an alien granted blue card status shall pay a fine of #ajj to the ,secretary4 7h7 ,maximum number ,the ,secretary may not issue more than #a1cej1jjj blue cards during the #e-year period beginning on the date of the enactment of this ,act4 #dcb4 ,treatment of aliens granted blue card status 7a7 ,in general ,except as otherwise provided under this section1 an alien granted blue card status 7including a spouse or child of the alien granted derivative status7 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 7#h ,u4,s4,c4 #aaja et seq474 7b7 ,delayed eligibility for certain ,federal public benefits ,except as otherwise provided in law1 an alien granted blue card status shall not be eligible1 by reason of such status1 for any form of assistance or benefit described in section #djc7;a7 of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afac7;a77 until #e years after the date on which the alien is granted an adjustment of status under section #ajc4 #dcc4 ,adjustment to permanent residence 7a7 ,in general ,except as provided in subsection 7b71 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 satisfied3 7#a7 ,qualifying employment 7,a7 ,in general ,subject to subparagraph 7,b71 the alien has performed at least-- 7i7 #e years of agricultural employment in the ,united ,states for at least #ajj work days per year1 during the #e-year period beginning on the date of the enactment of this ,act2 or 7ii7 #c years of agricultural employment in the ,united ,states for at least #aej work days per year1 during the #c-year period beginning on the date of the enactment of this ,act4 7,b7 #d-year period of employment ,an alien shall be considered to meet the requirements of subparagraph 7,a7 if the alien has performed #d years of agricultural employment in the ,united ,states for at least #aej work days during #c years of those #d years and at least #ajj work days during the remaining year1 during the #d-year period beginning on the date of the enactment of this ,act4 7#b7 ,proof ,an alien may demonstrate compliance with the requirement under paragraph 7#a7 by submitting-- 7,a7 the record of employment described in section #aja7;e72 or 7,b7 documentation that may be submitted under section #ajd7;c74 7#c7 ,extraordinary circumstances 7,a7 ,in general ,in determining whether an alien has met the requirement of paragraph 7#a77;,a71 the ,secretary may credit the alien with not more than #ab 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-- 7i7 pregnancy1 injury1 or disease1 if the alien can establish such pregnancy1 disabling injury1 or disease through medical records2 7ii7 illness1 disease1 or other special needs of a minor child1 if the alien can establish such illness1 disease1 or special needs through medical records2 7iii7 severe weather conditions that prevented the alien from engaging in agricultural employment for a significant period of time2 or 7iv7 termination from agricultural employment1 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 search4 7,b7 ,effect of finding ,a finding made under subparagraph 7,a77iv71 with respect to an alien1 shall not-- 7i7 be conclusive1 binding1 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 party2 or 7ii7 subject the alien's employer to the payment of attorney fees incurred by the alien in seeking to obtain a finding under subparagraph 7,a77iv74 7#d7 ,application period ,the alien applies for adjustment of status not later than #g years after the date of the enactment of this ,act4 7#e7 ,fine ,the alien pays a fine of #djj to the ,secretary4 7b7 ,grounds for denial of adjustment of status ,the ,secretary shall deny an alien granted blue card status an adjustment of status under this section if-- 7#a7 the ,secretary finds1 by a preponderance of the evidence1 that the adjustment to blue card status was the result of fraud or willful misrepresentation1 as described in section #bab7;a77#f77;,c77i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#f77;,c77i772 or 7#b7 the alien-- 7,a7 commits an act that makes the alien inadmissible to the ,united ,states under section #bab of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb71 except as provided under section #aje7;b72 7,b7 is convicted of a felony or #c or more misdemeanors committed in the ,united ,states2 7,c7 is convicted of an offense1 an element of which involves bodily injury1 threat of serious bodily injury1 or harm to property in excess of #ejj2 or 7,d7 failed to perform the agricultural employment required under paragraph 7#a77;,a7 of subsection 7a7 unless the alien was unable to work in agricultural employment due to the extraordinary circumstances described in paragraph 7#c7 of such subsection4 7c7 ,grounds for removal ,any alien granted blue card status who does not apply for adjustment of status under this section before the expiration of the application period described in subsection 7a77#d7 or who fails to meet the other requirements of subsection 7a7 by the end of the application period1 is deportable and may be removed under section #bdj of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a74 7d7 ,payment of taxes 7#a7 ,in general ,not later than the date on which an alien's status is adjusted under this section1 the alien shall establish that the alien does not owe any applicable ,federal tax liability by establishing that-- 7,a7 no such tax liability exists2 7,b7 all such outstanding tax liabilities have been paid2 or 7,c7 the alien has entered into an agreement for payment of all outstanding liabilities with the ,internal ,revenue ,service4 7#b7 ,applicable federal tax liability ,in paragraph 7#a7 the term applicable ,federal tax liability means liability for ,federal taxes1 including penalties and interest1 owed for any year during the period of employment required under subsection 7a77#a7 for which the statutory period for assessment of any deficiency for such taxes has not expired4 7#c7 ,,irs cooperation ,the ,secretary of the ,treasury shall establish rules and procedures under which the ,commissioner of ,internal ,revenue shall provide documentation to an alien upon request to establish the payment of all taxes required by this subsection4 7e7 ,spouses and minor children 7#a7 ,in general ,notwithstanding any other provision of law1 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 7a71 including any individual who was a minor child on the date such alien was granted blue card status1 if the spouse or minor child applies for such status1 or if the principal alien includes the spouse or minor child in an application for adjustment of status to that of a lawful permanent resident4 7#b7 ,treatment of spouses and minor children 7,a7 ,granting of status and removal ,the ,secretary shall grant derivative status to the alien spouse and any minor child residing in the ,united ,states of an alien granted blue card status and shall not remove such derivative spouse or child during the period that the alien granted blue card status maintains such status1 except as provided in paragraph 7#c74 ,a grant of derivative status to such a spouse or child under this subparagraph shall not decrease the number of aliens who may receive blue card status under subsection 7h7 of section #aja4 7,b7 ,travel ,the derivative spouse and any minor child of an alien granted blue card status may travel outside the ,united ,states in the same manner as an alien lawfully admitted for permanent residence4 7,c7 ,employment ,the derivative spouse of an alien granted blue card status may apply to the ,secretary for a work permit to authorize such spouse to engage in any lawful employment in the ,united ,states while such alien maintains blue card status4 7#c7 ,grounds for denial of adjustment of status and removal ,the ,secretary shall deny an alien spouse or child adjustment of status under paragraph 7#a7 and may remove such spouse or child under section #bdj of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7 if the spouse or child-- 7,a7 commits an act that makes the alien spouse or child inadmissible to the ,united ,states under section #bab of such ,act 7#h ,u4,s4,c4 #aahb71 except as provided under section #aje7;b72 7,b7 is convicted of a felony or #c or more misdemeanors committed in the ,united ,states2 or 7,c7 is convicted of an offense1 an element of which involves bodily injury1 threat of serious bodily injury1 or harm to property in excess of #ejj4 #dcd4 ,applications 7a7 ,submission ,the ,secretary shall provide that-- 7#a7 applications for blue card status may be submitted-- 7,a7 to the ,secretary if the applicant is represented by an attorney or a nonprofit religious1 charitable1 social service1 or similar organization recognized by the ,board of ,immigration ,appeals under section #bib4b of title #h1 ,code of ,federal ,regulations2 or 7,b7 to a qualified designated entity if the applicant consents to the forwarding of the application to the ,secretary2 and 7#b7 applications for adjustment of status under section #ajc shall be filed directly with the ,secretary4 7b7 ,qualified designated entity defined ,in this section1 the term qualified designated entity means-- 7#a7 a qualified farm labor organization or an association of employers designated by the ,secretary2 or 7#b7 any such other person designated by the ,secretary if that ,secretary determines such person is qualified and has substantial experience1 demonstrated competence1 and has a history of long-term involvement in the preparation and submission of applications for adjustment of status under section #bji1 #baj1 or #bde of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaei1 #aafj1 and #abee71 the ,act entitled ,an ,act to adjust the status of ,cuban refugees to that of lawful permanent residents of the ,united ,states1 and for other purposes1 approved ,november #b1 #aiff 7,public ,law #hi-gcb2 #h ,u4,s4,c4 #abee note71 ,public ,law #ie-ade 7#h ,u4,s4,c4 #abee note71 or the ,immigration ,reform and ,control ,act of #aihf 7,public ,law #ii-fjc2 #ajj ,stat4 #ccei7 or any amendment made by that ,act4 7c7 ,proof of eligibility 7#a7 ,in general ,an alien may establish that the alien meets the requirement of section #aja7;a77#a7 or #ajc7;a77#a7 through government employment records or records supplied by employers or collective bargaining organizations1 and other reliable documentation as the alien may provide4 ,the ,secretary shall establish special procedures to properly credit work in cases in which an alien was employed under an assumed name4 7#b7 ,documentation of work history 7,a7 ,burden of proof ,an alien applying for status under section #aja7;a7 or #ajc7;a7 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 #aja7;a77#a7 or #ajc7;a77#a71 as applicable4 7,b7 ,timely production of records ,if an employer or farm labor contractor employing such an alien has kept proper and adequate records respecting such employment1 the alien's burden of proof under subparagraph 7,a7 may be met by securing timely production of those records under regulations to be promulgated by the ,secretary4 7,c7 ,sufficient evidence ,an alien may meet the burden of proof under subparagraph 7,a7 to establish that the alien has performed the days or hours of work required by section #aja7;a77#a7 or #ajc7;a77#a7 by producing sufficient evidence to show the extent of that employment as a matter of just and reasonable inference4 7d7 ,applications submitted to qualified designated entities 7#a7 ,requirements ,each qualified designated entity shall agree-- 7,a7 to forward to the ,secretary an application submitted to that entity pursuant to subsection 7a77#a77;,b7 if the applicant has consented to such forwarding2 7,b7 not to forward to the ,secretary any such application if the applicant has not consented to such forwarding2 and 7,c7 to assist an alien in obtaining documentation of the alien's work history1 if the alien requests such assistance4 7#b7 ,no authority to make determinations ,no qualified designated entity may make a determination required by this subtitle to be made by the ,secretary4 7e7 ,limitation on access to information ,files and records collected or compiled by a qualified designated entity for the purposes of this section are confidential and the ,secretary shall not have access to such a file or record relating to an alien without the consent of the alien1 except as allowed by a court order issued pursuant to subsection 7f74 7f7 ,confidentiality of information 7#a7 ,in general ,except as otherwise provided in this section1 the ,secretary or any other official or employee of the ,department or a bureau or agency of the ,department is prohibited from-- 7,a7 using information furnished by the applicant pursuant to an application filed under this subtitle1 the information provided by an applicant to a qualified designated entity1 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 7g72 7,b7 making any publication in which the information furnished by any particular individual can be identified2 or 7,c7 permitting a person other than a sworn officer or employee of the ,department or a bureau or agency of the ,department or1 with respect to applications filed with a qualified designated entity1 that qualified designated entity1 to examine individual applications4 7#b7 ,required disclosures ,the ,secretary shall provide the information furnished under this subtitle or any other information derived from such furnished information to-- 7,a7 a duly recognized law enforcement entity in connection with a criminal investigation or prosecution1 if such information is requested in writing by such entity2 or 7,b7 an official coroner1 for purposes of affirmatively identifying a deceased individual1 whether or not the death of such individual resulted from a crime4 7#c7 ,construction 7,a7 ,in general ,nothing in this subsection shall be construed to limit the use1 or release1 for immigration enforcement purposes or law enforcement purposes1 of information contained in files or records of the ,department pertaining to an application filed under this section1 other than information furnished by an applicant pursuant to the application1 or any other information derived from the application1 that is not available from any other source4 7,b7 ,criminal convictions ,notwithstanding any other provision of this subsection1 information concerning whether the alien applying for blue card status or an adjustment of status under section #ajc has been convicted of a crime at any time may be used or released for immigration enforcement or law enforcement purposes4 7#d7 ,crime ,any person who knowingly uses1 publishes1 or permits information to be examined in violation of this subsection shall be subject to a fine in an amount not to exceed #aj1jjj4 7g7 ,penalties for false statements in applications 7#a7 ,criminal penalty ,any person who-- 7,a7 files an application for blue card status or an adjustment of status under section #ajc and knowingly and willfully falsifies1 conceals1 or covers up a material fact or makes any false1 fictitious1 or fraudulent statements or representations1 or makes or uses any false writing or document knowing the same to contain any false1 fictitious1 or fraudulent statement or entry2 or 7,b7 creates or supplies a false writing or document for use in making such an application1 shall be fined in accordance with title #ah1 ,united ,states ,code1 imprisoned not more than #e years1 or both4 7#b7 ,inadmissibility ,an alien who is convicted of a crime under paragraph 7#a7 shall be considered to be inadmissible to the ,united ,states on the ground described in section #bab7;a77#f77;,c77i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#f77;,c77i774 7h7 ,eligibility for legal services ,section #ejd7;a77#aa7 of ,public ,law #ajd-acd 7#aaj ,stat4 #acba-ec et seq47 shall not be construed to prevent a recipient of funds under the ,legal ,services ,corporation ,act 7#db ,u4,s4,c4 #biif et seq47 from providing legal assistance directly related to an application for blue card status or an adjustment of status under section #ajc4 7i7 ,application fees 7#a7 ,fee schedule ,the ,secretary shall provide for a schedule of fees that-- 7,a7 shall be charged for the filing of an application for blue card status or for an adjustment of status under section #ajc2 and 7,b7 may be charged by qualified designated entities to help defray the costs of services provided to such applicants4 7#b7 ,prohibition on excess fees by qualified designated entities ,a qualified designated entity may not charge any fee in excess of1 or in addition to1 the fees authorized under paragraph 7#a77;,b7 for services provided to applicants4 7#c7 ,disposition of fees 7,a7 ,in general ,there is established in the general fund of the ,treasury a separate account1 which shall be known as the ,agricultural ,worker ,immigration ,status ,adjustment ,account4 ,notwithstanding any other provision of law1 there shall be deposited as offsetting receipts into the account all fees collected under paragraph 7#a77;,a74 7,b7 ,use of fees for application processing ,amounts deposited in the ,agricultural ,worker ,immigration ,status ,adjustment ,account shall remain available to the ,secretary until expended for processing applications for blue card status or an adjustment of status under section #ajc4 #dce4 ,waiver of numerical limitations and certain grounds for inadmissibility 7a7 ,numerical limitations do not apply ,the numerical limitations of sections #bja and #bjb of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea and #aaeb7 shall not apply to the adjustment of aliens to lawful permanent resident status under section #ajc4 7b7 ,waiver of certain grounds of inadmissibility ,in the determination of an alien's eligibility for status under section #aja7;a7 or an alien's eligibility for adjustment of status under section #ajc7;b77#b77;,a7 the following rules shall apply3 7#a7 ,grounds of exclusion not applicable ,the provisions of paragraphs 7#e71 7#f77;,a71 7#g71 and 7#i7 of section #bab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77 shall not apply4 7#b7 ,waiver of other grounds 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,secretary may waive any other provision of such section #bab7;a7 in the case of individual aliens for humanitarian purposes1 to ensure family unity1 or if otherwise in the public interest4 7,b7 ,grounds that may not be waived ,subparagraphs 7,a71 7,b71 7,c71 7,d71 7,g71 7,h71 and 7,i7 of paragraph 7#b7 and paragraphs 7#c7 and 7#d7 of such section #bab7;a7 may not be waived by the ,secretary under subparagraph 7,a74 7,c7 ,construction ,nothing in this paragraph shall be construed as affecting the authority of the ,secretary other than under this subparagraph to waive provisions of such section #bab7;a74 7#c7 ,special rule for determination of public charge ,an alien is not ineligible for blue card status or an adjustment of status under section #ajc by reason of a ground of inadmissibility under section #bab7;a77#d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#d77 if the alien demonstrates a history of employment in the ,united ,states evidencing self-support without reliance on public cash assistance4 7c7 ,temporary stay of removal and work authorization for certain applicants 7#a7 ,before application period ,effective on the date of enactment of this ,act1 the ,secretary shall provide that1 in the case of an alien who is apprehended before the beginning of the application period described in section #aja7;a77#b7 and who can establish a nonfrivolous case of eligibility for blue card status 7but for the fact that the alien may not apply for such status until the beginning of such period71 until the alien has had the opportunity during the first #cj days of the application period to complete the filing of an application for blue card status1 the alien-- 7,a7 may not be removed2 and 7,b7 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 purpose4 7#b7 ,during application period ,the ,secretary shall provide that1 in the case of an alien who presents a nonfrivolous application for blue card status during the application period described in section #aja7;a77#b71 including an alien who files such an application within #cj days of the alien's apprehension1 and until a final determination on the application has been made in accordance with this section1 the alien-- 7,a7 may not be removed2 and 7,b7 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 purpose4 #dcf4 ,administrative and judicial review 7a7 ,in general ,there shall be no administrative or judicial review of a determination respecting an application for blue card status or adjustment of status under section #ajc except in accordance with this section4 7b7 ,administrative review 7#a7 ,single level of administrative appellate review ,the ,secretary shall establish an appellate authority to provide for a single level of administrative appellate review of such a determination4 7#b7 ,standard for review ,such administrative appellate review shall be based solely upon the administrative record established at the time of the determination on the application and upon such additional or newly discovered evidence as may not have been available at the time of the determination4 7c7 ,judicial review 7#a7 ,limitation to review of removal ,there shall be judicial review of such a determination only in the judicial review of an order of removal under section #bdb of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abeb74 7#b7 ,standard for judicial review ,such judicial review shall be based solely upon the administrative record established at the time of the review by the appellate authority and the findings of fact and determinations contained in such record shall be conclusive unless the applicant can establish abuse of discretion or that the findings are directly contrary to clear and convincing facts contained in the record considered as a whole4 #dcg4 ,use of information ,beginning not later than the first day of the application period described in section #aja7;a77#b71 the ,secretary1 in cooperation with qualified designated entities 7as that term is defined in section #ajd7;b771 shall broadly disseminate information respecting the benefits that aliens may receive under this subtitle and the requirements that an alien is required to meet to receive such benefits4 #dch4 ,regulations1 effective date1 authorization of appropriations 7a7 ,regulations ,the ,secretary shall issue regulations to implement this subtitle not later than the first day of the seventh month that begins after the date of enactment of this ,act4 7b7 ,effective date ,this subtitle shall take effect on the date that regulations required by subsection 7a7 are issued1 regardless of whether such regulations are issued on an interim basis or on any other basis4 7c7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary such sums as may be necessary to implement this subtitle1 including any sums needed for costs associated with the initiation of such implementation1 for fiscal years #bjad and #bjae4 ,b ,correction of ,social ,security ,records #dda4 ,correction of ,social ,security records 7a7 ,in ,general ,section #bjh7;e77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #djh7;e77#a77 is amended-- 7#a7 in subparagraph 7,b77ii71 by striking or at the end2 7#b7 in subparagraph 7,c71 by inserting or at the end2 7#c7 by inserting after subparagraph 7,c7 the following3 7,d7 who is granted blue card status under the ,agricultural ,job ,opportunities1 ,benefits1 and ,security ,act of #bjac 2 and 7#d7 by striking #aiij4 and inserting #aiij1 or in the case of an alien described in subparagraph 7,d71 if such conduct is alleged to have occurred before the date on which the alien was granted blue card status44 7b7 ,effective ,date ,the amendments made by subsection 7a7 shall take effect on the first day of the seventh month that begins after the date of the enactment of this ,act4 #c ,reform of ,h-#b;,a worker program #dea4 ,amendments to the ,immigration and ,nationality ,act 7a7 ,in ,general ,title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea et seq47 is amended by striking section #bah and inserting the following3 #bah4 ,h-#b;a employer applications 7a7 ,applications to the ,secretary of ,labor 7#a7 ,in general ,no alien may be admitted to the ,united ,states as an ,h-#b;,a worker1 or otherwise provided status as an ,h-#b;,a worker1 unless the employer has filed with the ,secretary of ,labor an application containing-- 7,a7 the assurances described in subsection 7b72 7,b7 a description of the nature and location of the work to be performed2 7,c7 the anticipated period 7expected beginning and ending dates7 for which the workers will be needed2 and 7,d7 the number of job opportunities in which the employer seeks to employ the workers4 7#b7 ,accompanied by job offer ,each application filed under paragraph 7#a7 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 question4 7b7 ,assurances for ,inclusion in ,applications ,the assurances referred to in subsection 7a77#a7 are the following3 7#a7 ,job opportunities covered by collective bargaining agreements ,with respect to a job opportunity that is covered under a collective bargaining agreement3 7,a7 ,union contract described ,the job opportunity is covered by a union contract which was negotiated at arm's length between a bona fide union and the employer4 7,b7 ,strike or lockout ,the specific job opportunity for which the employer is requesting an ,h-#b;,a worker is not vacant because the former occupant is on strike or being locked out in the course of a labor dispute4 7,c7 ,notification of bargaining representatives ,the employer1 at the time of filing the application1 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 sought4 7,d7 ,temporary or seasonal job opportunities ,the job opportunity is temporary or seasonal4 7,e7 ,offers to united states workers ,the employer has offered or will offer the job to any eligible ,united ,states worker who applies and is equally or better qualified for the job for which the nonimmigrant is1 or the nonimmigrants are1 sought and who will be available at the time and place of need4 7,f7 ,provision of insurance ,if the job opportunity is not covered by the ,state workers' compensation law1 the employer will provide1 at no cost to the worker1 insurance covering injury and disease arising out of1 and in the course of1 the worker's employment which will provide benefits at least equal to those provided under the ,state's workers' compensation law for comparable employment4 7#b7 ,job opportunities not covered by collective bargaining agreements ,with respect to a job opportunity that is not covered under a collective bargaining agreement3 7,a7 ,strike or lockout ,the specific job opportunity for which the employer has applied for an ,h-#b;,a worker is not vacant because the former occupant is on strike or being locked out in the course of a labor dispute4 7,b7 ,temporary or seasonal job opportunities ,the job opportunity is temporary or seasonal4 7,c7 ,benefit1 wage1 and working conditions ,the employer will provide1 at a minimum1 the benefits1 wages1 and working conditions required by section #bah;,a to all workers employed in the job opportunities for which the employer has applied for an ,h-#b;,a worker under subsection 7a7 and to all other workers in the same occupation at the place of employment4 7,d7 ,nondisplacement of ,united ,states workers ,the employer did not displace and will not displace a ,united ,states worker employed by the employer during the period of employment and for a period of #cj days preceding the period of employment in the occupation at the place of employment for which the employer has applied for an ,h-#b;,a worker4 7,e7 ,requirements for placement of the nonimmigrant with other employers ,the employer will not place the nonimmigrant with another employer unless-- 7i7 the nonimmigrant performs duties in whole or in part at #a or more worksites owned1 operated1 or controlled by such other employer2 7ii7 there are indicia of an employment relationship between the nonimmigrant and such other employer2 and 7iii7 the employer has inquired of the other employer as to whether1 and has no actual knowledge or notice that1 during the period of employment and for a period of #cj days preceding the period of employment1 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-#b;,a workers4 7,f7 ,statement of liability ,the application form shall include a clear statement explaining the liability under subparagraph 7,e7 of an employer if the other employer described in such subparagraph displaces a ,united ,states worker as described in such subparagraph4 7,g7 ,provision of insurance ,if the job opportunity is not covered by the ,state workers' compensation law1 the employer will provide1 at no cost to the worker1 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 employment4 7,h7 ,employment of ,united ,states workers 7i7 ,recruitment ,the employer has taken or will take the following steps to recruit ,united ,states workers for the job opportunities for which the ,h-#b;,a nonimmigrant is1 or ,h-#b;,a nonimmigrants are1 sought3 7,i7 ,contacting former workers ,the employer shall make reasonable efforts through the sending of a letter by ,united ,states ,postal ,service mail1 or otherwise1 to contact any ,united ,states worker the employer employed during the previous season in the occupation at the place of intended employment for which the employer is applying for workers and has made the availability of the employer's job opportunities in the occupation at the place of intended employment known to such previous workers1 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 hired4 7,,ii7 ,filing a job offer with the local office of the state employment security agency ,not later than #bh days before the date on which the employer desires to employ an ,h-#b;,a worker in a temporary or seasonal agricultural job opportunity1 the employer shall submit a copy of the job offer described in subsection 7a77#b7 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 registry1 except that nothing in this subclause shall require the employer to file an interstate job order under section #fec of title #bj1 ,code of ,federal ,regulations4 7,,iii7 ,advertising of job opportunities ,not later than #ad days before the date on which the employer desires to employ an ,h-#b;,a worker in a temporary or seasonal agricultural job opportunity1 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 workers4 7,,iv7 ,emergency procedures ,the ,secretary of ,labor shall1 by regulation1 provide a procedure for acceptance and approval of applications in which the employer has not complied with the provisions of this subparagraph because the employer's need for ,h-#b;,a workers could not reasonably have been foreseen4 7ii7 ,job offers ,the employer has offered or will offer the job to any eligible ,united ,states worker who applies and is equally or better qualified for the job for which the nonimmigrant is1 or nonimmigrants are1 sought and who will be available at the time and place of need4 7iii7 ,period of employment ,the employer will provide employment to any qualified ,united ,states worker who applies to the employer during the period beginning on the date on which the ,h-#b;,a worker departs for the employer's place of employment and ending on the date on which #ej percent of the period of employment for which the ,h-#b;,a worker who is in the job was hired has elapsed1 subject to the following requirements3 7,i7 ,prohibition ,no person or entity shall willfully and knowingly withhold ,united ,states workers before the arrival of ,h-#b;,a workers in order to force the hiring of ,united ,states workers under this clause4 7,,ii7 ,complaints ,upon receipt of a complaint by an employer that a violation of subclause 7,i7 has occurred1 the ,secretary of ,labor shall immediately investigate4 ,the ,secretary of ,labor shall1 within #cf hours of the receipt of the complaint1 issue findings concerning the alleged violation4 ,if the ,secretary of ,labor finds that a violation has occurred1 the ,secretary of ,labor shall immediately suspend the application of this clause with respect to that certification for that date of need4 7,,iii7 ,placement of united states workers ,before referring a ,united ,states worker to an employer during the period described in the matter preceding subclause 7,i71 the ,secretary of ,labor shall make all reasonable efforts to place the ,united ,states worker in an open job acceptable to the worker1 if there are other job offers pending with the job service that offer similar job opportunities in the area of intended employment4 7iv7 ,statutory construction ,nothing in this subparagraph shall be construed to prohibit an employer from using such legitimate selection criteria relevant to the type of job that are normal or customary to the type of job involved so long as such criteria are not applied in a discriminatory manner4 7c7 ,applications by ,associations on ,behalf of ,employer ,members 7#a7 ,in general ,an agricultural association may file an application under subsection 7a7 on behalf of #a 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 #bah;,a1 #bah;,b1 and #bah;,c4 7#b7 ,treatment of associations acting as employers ,if an association filing an application under paragraph 7#a7 is a joint or sole employer of the temporary or seasonal agricultural workers requested on the application1 the certifications granted under subsection 7e77#b77;,b7 to the association may be used for the certified job opportunities of any of its producer members named on the application1 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 granted4 7d7 ,withdrawal of ,applications 7#a7 ,in general ,an employer may withdraw an application filed pursuant to subsection 7a71 except that if the employer is an agricultural association1 the association may withdraw an application filed pursuant to subsection 7a7 with respect to #a or more of its members4 ,to withdraw an application1 the employer or association shall notify the ,secretary of ,labor in writing1 and the ,secretary of ,labor shall acknowledge in writing the receipt of such withdrawal notice4 ,an employer who withdraws an application under subsection 7a71 or on whose behalf an application is withdrawn1 is relieved of the obligations undertaken in the application4 7#b7 ,limitation ,an application may not be withdrawn while any alien provided status under section #aja7;a77#ae77;,h77ii77a7 pursuant to such application is employed by the employer4 7#c7 ,obligations under other statutes ,any obligation incurred by an employer under any other law or regulation as a result of the recruitment of ,united ,states workers or ,h-#b;,a workers under an offer of terms and conditions of employment required as a result of making an application under subsection 7a7 is unaffected by withdrawal of such application4 7e7 ,review and ,approval of ,applications 7#a7 ,responsibility of employers ,the employer shall make available for public examination1 within #a working day after the date on which an application under subsection 7a7 is filed1 at the employer's principal place of business or worksite1 a copy of each such application 7and such accompanying documents as are necessary74 7#b7 ,responsibility of the secretary of labor 7,a7 ,compilation of list ,the ,secretary of ,labor shall compile1 on a current basis1 a list 7by employer and by occupational classification7 of the applications filed under subsection 7a74 ,such list shall include the wage rate1 number of workers sought1 period of intended employment1 and date of need4 ,the ,secretary of ,labor shall make such list available for examination in the ,district of ,columbia4 7,b7 ,review of applications ,the ,secretary of ,labor shall review such an application only for completeness and obvious inaccuracies4 ,unless the ,secretary of ,labor finds that the application is incomplete or obviously inaccurate1 the ,secretary of ,labor shall certify that the intending employer has filed with the ,secretary of ,labor an application as described in subsection 7a74 ,such certification shall be provided within #g days of the filing of the application4 #bah;,a4 ,h-#b;a employment requirements 7a7 ,preferential ,treatment of ,aliens ,prohibited ,employers seeking to hire ,united ,states workers shall offer the ,united ,states workers no less than the same benefits1 wages1 and working conditions that the employer is offering1 intends to offer1 or will provide to ,h-#b;,a workers4 ,conversely1 no job offer may impose on ,united ,states workers any restrictions or obligations which will not be imposed on the employer's ,h-#b;,a workers4 7b7 ,minimum ,benefits1 ,wages1 and ,working ,conditions ,except in cases where higher benefits1 wages1 or working conditions are required by the provisions of subsection 7a71 in order to protect similarly employed ,united ,states workers from adverse effects with respect to benefits1 wages1 and working conditions1 every job offer which shall accompany an application under section #bah7;b77#b7 shall include each of the following benefit1 wage1 and working condition provisions3 7#a7 ,requirement to provide housing or a housing allowance 7,a7 ,in general ,an employer applying under section #bah7;a7 for ,h-#b;,a 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 employment1 whose place of residence is beyond normal commuting distance4 7,b7 ,type of housing ,in complying with subparagraph 7,a71 an employer may1 at the employer's election1 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 habitation1 or in the absence of applicable local standards1 ,state standards for rental or public accommodation housing or other substantially similar class of habitation4 ,in the absence of applicable local or ,state standards1 ,federal temporary labor camp standards shall apply4 7,c7 ,family housing ,if it is the prevailing practice in the occupation and area of intended employment to provide family housing1 family housing shall be provided to workers with families who request it4 7,d7 ,workers engaged in the range production of livestock ,the ,secretary of ,labor shall issue regulations that address the specific requirements for the provision of housing to workers engaged in the range production of livestock4 7,e7 ,limitation ,nothing in this paragraph shall be construed to require an employer to provide or secure housing for persons who were not entitled to such housing under the temporary labor certification regulations in effect on ,june #a1 #aihf4 7,f7 ,charges for housing 7i7 ,charges for public housing ,if public housing provided for migrant agricultural workers under the auspices of a local1 county1 or ,state government is secured by an employer1 and use of the public housing unit normally requires charges from migrant workers1 such charges shall be paid by the employer directly to the appropriate individual or entity affiliated with the housing's management4 7ii7 ,deposit charges ,charges in the form of deposits for bedding or other similar incidentals related to housing shall not be levied upon workers by employers who provide housing for their workers4 ,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 damage4 7,g7 ,housing allowance as alternative 7i7 ,in general ,if the requirement set out in clause 7ii7 is satisfied1 the employer may provide a reasonable housing allowance instead of offering housing under subparagraph 7,a74 ,upon the request of a worker seeking assistance in locating housing1 the employer shall make a good faith effort to assist the worker in identifying and locating housing in the area of intended employment4 ,an employer who offers a housing allowance to a worker1 or assists a worker in locating housing which the worker occupies1 pursuant to this clause shall not be deemed a housing provider under section #bjc of the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahbc7 solely by virtue of providing such housing allowance4 ,no housing allowance may be used for housing which is owned or controlled by the employer4 7ii7 ,certification ,the requirement of this clause is satisfied if the ,governor of the ,state certifies to the ,secretary of ,labor that there is adequate housing available in the area of intended employment for migrant farm workers and ,h-#b;,a workers who are seeking temporary housing while employed in agricultural work4 ,such certification shall expire after #c years unless renewed by the ,governor of the ,state4 7iii7 ,amount of allowance 7,i7 ,nonmetropolitan counties ,if the place of employment of the workers provided an allowance under this subparagraph is a nonmetropolitan county1 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 ,state1 as established by the ,secretary of ,housing and ,urban ,development pursuant to section #h7;c7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7c771 based on a #b-;bedroom dwelling unit and an assumption of #b persons per bedroom4 7,,ii7 ,metropolitan counties ,if the place of employment of the workers provided an allowance under this paragraph is in a metropolitan county1 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 ,state1 as established by the ,secretary of ,housing and ,urban ,development pursuant to section #h7;c7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7c771 based on a #b-;bedroom dwelling unit and an assumption of #b persons per bedroom4 7#b7 ,reimbursement of transportation 7,a7 ,to place of employment ,a worker who completes #ej 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 7or place of last employment1 if the worker traveled from such place7 to the place of employment4 7,b7 ,from place of employment ,a worker who completes the period of employment for the job opportunity involved shall be reimbursed by the employer for the cost of the worker's transportation and subsistence from the place of employment to the place from which the worker1 disregarding intervening employment1 came to work for the employer1 or to the place of next employment1 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 employment4 7,c7 ,limitation 7i7 ,amount of reimbursement ,except as provided in clause 7ii71 the amount of reimbursement provided under subparagraph 7,a7 or 7,b7 to a worker or alien shall not exceed the lesser of-- 7,i7 the actual cost to the worker or alien of the transportation and subsistence involved2 or 7,,ii7 the most economical and reasonable common carrier transportation charges and subsistence costs for the distance involved4 7ii7 ,distance traveled ,no reimbursement under subparagraph 7,a7 or 7,b7 shall be required if the distance traveled is #ajj miles or less1 or the worker is not residing in employer-provided housing or housing secured through an allowance as provided in paragraph 7#a77;,g74 7,d7 ,early termination ,if the worker is laid off or employment is terminated for contract impossibility 7as described in paragraph 7#d77;,d77 before the anticipated ending date of employment1 the employer shall provide the transportation and subsistence required by subparagraph 7,b7 and1 notwithstanding whether the worker has completed #ej percent of the period of employment1 shall provide the transportation reimbursement required by subparagraph 7,a74 7,e7 ,transportation between living quarters and worksite ,the employer shall provide transportation between the worker's living quarters and the employer's worksite without cost to the worker1 and such transportation will be in accordance with applicable laws and regulations4 7#c7 ,required wages 7,a7 ,in general ,an employer applying for workers under section #bah7;a7 shall offer to pay1 and shall pay1 all workers in the occupation for which the employer has applied for workers1 not less 7and is not required to pay more7 than the greater of the prevailing wage in the occupation in the area of intended employment or the adverse effect wage rate4 ,no worker shall be paid less than the greater of the hourly wage prescribed under section #f7;a77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7;a77#a77 or the applicable ,state minimum wage4 7,b7 ,limitation ,effective on the date of the enactment of the ,agricultural ,job ,opportunities1 ,benefits1 and ,security ,act of #bjac and continuing for #c years thereafter1 no adverse effect wage rate for a ,state may be more than the adverse effect wage rate for that ,state in effect on ,january #a1 #bjac1 as established by section #fee4ajg of title #bj1 ,code of ,federal ,regulations4 7,c7 ,required wages after #c-year freeze 7i7 ,first adjustment ,if ,congress does not set a new wage standard applicable to this section before the first ,march #a that is not less than #c years after the date of enactment of this section1 the adverse effect wage rate for each ,state beginning on such ,march #a shall be the wage rate that would have resulted if the adverse effect wage rate in effect on ,january #a1 #bjac1 had been annually adjusted1 beginning on ,march #a1 #bjaf1 by the lesser of-- 7,i7 the #ab-month percentage change in the ,consumer ,price ,index for ,all ,urban ,consumers between ,december of the second preceding year and ,december of the preceding year2 and 7,,ii7 #d percent4 7ii7 ,subsequent annual adjustments ,beginning on the first ,march #a that is not less than #d years after the date of enactment of this section1 and each ,march #a thereafter1 the adverse effect wage rate then in effect for each ,state shall be adjusted by the lesser of-- 7,i7 the #ab-month percentage change in the ,consumer ,price ,index for ,all ,urban ,consumers between ,december of the second preceding year and ,december of the preceding year2 and 7,,ii7 #d percent4 7,d7 ,deductions ,the employer shall make only those deductions from the worker's wages that are authorized by law or are reasonable and customary in the occupation and area of employment4 ,the job offer shall specify all deductions not required by law which the employer will make from the worker's wages4 7,e7 ,frequency of pay ,the employer shall pay the worker not less frequently than twice monthly1 or in accordance with the prevailing practice in the area of employment1 whichever is more frequent4 7,f7 ,hours and earnings statements ,the employer shall furnish to the worker1 on or before each payday1 in #a or more written statements-- 7i7 the worker's total earnings for the pay period2 7ii7 the worker's hourly rate of pay1 piece rate of pay1 or both2 7iii7 the hours of employment which have been offered to the worker 7broken out by hours offered in accordance with and over and above the #c_/d guarantee described in paragraph 7#d772 7iv7 the hours actually worked by the worker2 7v7 an itemization of the deductions made from the worker's wages2 and 7vi7 if piece rates of pay are used1 the units produced daily4 7,g7 ,report on wage protections ,not later than ,december #ca1 #bjad1 the ,comptroller ,general of the ,united ,states shall prepare and transmit to the ,secretary of ,labor1 the ,committee on the ,judiciary of the ,senate1 and ,committee on the ,judiciary of the ,house of ,representatives1 a report that addresses-- 7i7 whether the employment of ,h-#b;,a 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 ,states2 7ii7 whether an adverse effect wage rate is necessary to prevent wages of ,united ,states farm workers in occupations in which ,h-#b;,a workers are employed from falling below the wage levels that would have prevailed in the absence of the employment of ,h-#b;,a workers in those occupations2 7iii7 whether alternative wage standards1 such as a prevailing wage standard1 would be sufficient to prevent wages in occupations in which ,h-#b;,a workers are employed from falling below the wage level that would have prevailed in the absence of ,h-#b;,a employment2 7iv7 whether any changes are warranted in the current methodologies for calculating the adverse effect wage rate and the prevailing wage2 and 7v7 recommendations for future wage protection under this section4 7,h7 ,commission on wage standards 7i7 ,establishment ,there is established the ,commission on ,agricultural ,wage ,standards under the ,h-#b;,a program 7in this subparagraph referred to as the ,commission74 7ii7 ,composition ,the ,commission shall consist of #aj members as follows3 7,i7 ,four representatives of agricultural employers and #a representative of the ,department of ,agriculture1 each appointed by the ,secretary of ,agriculture4 7,,ii7 ,four representatives of agricultural workers and #a representative of the ,department of ,labor1 each appointed by the ,secretary of ,labor4 7iii7 ,functions ,the ,commission shall conduct a study that shall address-- 7,i7 whether the employment of ,h-#b;,a 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 ,states2 7,,ii7 whether an adverse effect wage rate is necessary to prevent wages of ,united ,states farm workers in occupations in which ,h-#b;,a workers are employed from falling below the wage levels that would have prevailed in the absence of the employment of ,h-#b;,a workers in those occupations2 7,,iii7 whether alternative wage standards1 such as a prevailing wage standard1 would be sufficient to prevent wages in occupations in which ,h-#b;,a workers are employed from falling below the wage level that would have prevailed in the absence of ,h-#b;,a employment2 7,,iv7 whether any changes are warranted in the current methodologies for calculating the adverse effect wage rate and the prevailing wage rate2 and 7,v7 recommendations for future wage protection under this section4 7iv7 ,final report ,not later than ,december #ca1 #bjad1 the ,commission shall submit a report to the ,congress setting forth the findings of the study conducted under clause 7iii74 7v7 ,termination date ,the ,commission shall terminate upon submitting its final report4 7#d7 ,guarantee of employment 7,a7 ,offer to worker ,the employer shall guarantee to offer the worker employment for the hourly equivalent of at least #c_/d of the work days of the total period of employment1 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 offer4 ,for purposes of this subparagraph1 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 holidays4 ,if the employer affords the ,united ,states or ,h-#b;,a worker less employment than that required under this paragraph1 the employer shall pay such worker the amount which the worker would have earned had the worker1 in fact1 worked for the guaranteed number of hours4 7,b7 ,failure to work ,any hours which the worker fails to work1 up to a maximum of the number of hours specified in the job offer for a work day1 when the worker has been offered an opportunity to do so1 and all hours of work actually performed 7including voluntary work in excess of the number of hours specified in the job offer in a work day1 on the worker's ,sabbath1 or on ,federal holidays7 may be counted by the employer in calculating whether the period of guaranteed employment has been met4 7,c7 ,abandonment of employment1 termination for cause ,if the worker voluntarily abandons employment before the end of the contract period1 or is terminated for cause1 the worker is not entitled to the #c_/d guarantee described in subparagraph 7,a74 7,d7 ,contract impossibility ,if1 before the expiration of the period of employment specified in the job offer1 the services of the worker are no longer required for reasons beyond the control of the employer due to any form of natural disaster1 including a flood1 hurricane1 freeze1 earthquake1 fire1 drought1 plant or animal disease or pest infestation1 or regulatory drought1 before the guarantee in subparagraph 7,a7 is fulfilled1 the employer may terminate the worker's employment4 ,in the event of such termination1 the employer shall fulfill the employment guarantee in subparagraph 7,a7 for the work days that have elapsed from the first work day after the arrival of the worker to the termination of employment4 ,in such cases1 the employer will make efforts to transfer the ,united ,states worker to other comparable employment acceptable to the worker4 ,if such transfer is not effected1 the employer shall provide the return transportation required in paragraph 7#b77;,d74 7#e7 ,motor vehicle safety 7,a7 ,mode of transportation subject to coverage 7i7 ,in general ,except as provided in clauses 7iii7 and 7iv71 this subsection applies to any ,h-#b;,a employer that uses or causes to be used any vehicle to transport an ,h-#b;,a worker within the ,united ,states4 7ii7 ,defined term ,in this paragraph1 the term uses or causes to be used-- 7,i7 applies only to transportation provided by an ,h-#b;,a employer to an ,h-#b;,a worker1 or by a farm labor contractor to an ,h-#b;,a worker at the request or direction of an ,h-#b;,a employer2 and 7,,ii7 does not apply to-- 7aa7 transportation provided1 or transportation arrangements made1 by an ,h-#b;,a worker1 unless the employer specifically requested or arranged such transportation2 or 7bb7 car pooling arrangements made by ,h-#b;,a workers themselves1 using #a of the workers' own vehicles1 unless specifically requested by the employer directly or through a farm labor contractor4 7iii7 ,clarification ,providing a job offer to an ,h-#b;,a worker that causes the worker to travel to or from the place of employment1 or the payment or reimbursement of the transportation costs of an ,h-#b;,a worker by an ,h-#b;,a employer1 shall not constitute an arrangement of1 or participation in1 such transportation4 7iv7 ,agricultural machinery and equipment excluded ,this subsection does not apply to the transportation of an ,h-#b;,a worker on a tractor1 combine1 harvester1 picker1 or other similar machinery or equipment while such worker is actually engaged in the planting1 cultivating1 or harvesting of agricultural commodities or the care of livestock or poultry or engaged in transportation incidental thereto4 7v7 ,common carriers excluded ,this subsection does not apply to common carrier motor vehicle transportation in which the provider holds itself out to the general public as engaging in the transportation of passengers for hire and holds a valid certification of authorization for such purposes from an appropriate ,federal1 ,state1 or local agency4 7,b7 ,applicability of standards1 licensing1 and insurance requirements 7i7 ,in general ,when using1 or causing to be used1 any vehicle for the purpose of providing transportation to which this subparagraph applies1 each employer shall-- 7,i7 ensure that each such vehicle conforms to the standards prescribed by the ,secretary of ,labor under section #dja7;b7 of the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahda7;b77 and other applicable ,federal and ,state safety standards2 7,,ii7 ensure that each driver has a valid and appropriate license1 as provided by ,state law1 to operate the vehicle2 and 7,,iii7 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 ownership1 operation1 or causing to be operated1 of any vehicle used to transport any ,h-#b;,a worker4 7ii7 ,amount of insurance required ,the level of insurance required shall be determined by the ,secretary of ,labor pursuant to regulations to be issued under this subsection4 7iii7 ,effect of workers' compensation coverage ,if the employer of any ,h-#b;,a worker provides workers' compensation coverage for such worker in the case of bodily injury or death as provided by ,state law1 the following adjustments in the requirements of subparagraph 7,b77i77,,iii7 relating to having an insurance policy or liability bond apply3 7,i7 ,no insurance policy or liability bond shall be required of the employer1 if such workers are transported only under circumstances for which there is coverage under such ,state law4 7,,ii7 ,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 law4 7c7 ,compliance ,with ,labor ,laws ,an employer shall assure that1 except as otherwise provided in this section1 the employer will comply with all applicable ,federal1 ,state1 and local labor laws1 including laws affecting migrant and seasonal agricultural workers1 with respect to all ,united ,states workers and alien workers employed by the employer1 except that a violation of this assurance shall not constitute a violation of the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahja et seq474 7d7 ,copy of ,job ,offer ,the employer shall provide to the worker1 not later than the day the work commences1 a copy of the employer's application and job offer described in section #bah7;a71 or1 if the employer will require the worker to enter into a separate employment contract covering the employment in question1 such separate employment contract4 7e7 ,range ,production of ,livestock ,nothing in this section1 section #bah1 or section #bah;,b 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 livestock4 #bah;,b4 ,procedure for admission and extension of stay of h-#b;a workers 7a7 ,petitioning for ,admission ,an employer1 or an association acting as an agent or joint employer for its members1 that seeks the admission into the ,united ,states of an ,h-#b;,a worker may file a petition with the ,secretary4 ,the petition shall be accompanied by an accepted and currently valid certification provided by the ,secretary of ,labor under section #bah7;e77#b77;,b7 covering the petitioner4 7b7 ,expedited ,adjudication by the ,secretary ,the ,secretary shall establish a procedure for expedited adjudication of petitions filed under subsection 7a7 and within #g working days shall1 by fax1 cable1 or other means assuring expedited delivery1 transmit a copy of notice of action on the petition to the petitioner and1 in the case of approved petitions1 to the appropriate immigration officer at the port of entry or ,united ,states consulate 7as the case may be7 where the petitioner has indicated that the alien beneficiary 7or beneficiaries7 will apply for a visa or admission to the ,united ,states4 7c7 ,criteria for ,admissibility 7#a7 ,in general ,an ,h-#b;,a worker shall be considered admissible to the ,united ,states if the alien is otherwise admissible under this section1 section #bah1 and section #bah;,a1 and the alien is not ineligible under paragraph 7#b74 7#b7 ,disqualification ,an alien shall be considered inadmissible to the ,united ,states and ineligible for nonimmigrant status under section #aja7;a77#ae77;,h77ii77a7 if the alien has1 at any time during the past #e years-- 7,a7 violated a material provision of this section1 including the requirement to promptly depart the ,united ,states when the alien's authorized period of admission under this section has expired2 or 7,b7 otherwise violated a term or condition of admission into the ,united ,states as a nonimmigrant1 including overstaying the period of authorized admission as such a nonimmigrant4 7#c7 ,waiver of ineligibility for unlawful presence 7,a7 ,in general ,an alien who has not previously been admitted into the ,united ,states pursuant to this section1 and who is otherwise eligible for admission in accordance with paragraphs 7#a7 and 7#b71 shall not be deemed inadmissible by virtue of section #bab7;a77#i77;,b74 ,if an alien described in the preceding sentence is present in the ,united ,states1 the alien may apply from abroad for ,h-#b;,a status1 but may not be granted that status in the ,united ,states4 7,b7 ,maintenance of waiver ,an alien provided an initial waiver of ineligibility pursuant to subparagraph 7,a7 shall remain eligible for such waiver unless the alien violates the terms of this section or again becomes ineligible under section #bab7;a77#i77;,b7 by virtue of unlawful presence in the ,united ,states after the date of the initial waiver of ineligibility pursuant to subparagraph 7,a74 7d7 ,period of ,admission 7#a7 ,in general ,the alien shall be admitted for the period of employment in the application certified by the ,secretary of ,labor pursuant to section #bah7;e77#b77;,b71 not to exceed #aj months1 supplemented by a period of not more than #a week before the beginning of the period of employment for the purpose of travel to the worksite and a period of #ad days following the period of employment for the purpose of departure or extension based on a subsequent offer of employment1 except that-- 7,a7 the alien is not authorized to be employed during such #ad-;day period except in the employment for which the alien was previously authorized2 and 7,b7 the total period of employment1 including such #ad-;day period1 may not exceed #aj months4 7#b7 ,construction ,nothing in this subsection shall limit the authority of the ,secretary to extend the stay of the alien under any other provision of this ,act4 7e7 ,abandonment of ,employment 7#a7 ,in general ,an alien admitted or provided status under section #aja7;a77#ae77;,h77ii77a7 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-#b;,a worker and shall depart the ,united ,states or be subject to removal under section #bcg7;a77#a77;,c77i74 7#b7 ,report by employer ,the employer1 or association acting as agent for the employer1 shall notify the ,secretary not later than #g days after an ,h-#b;,a worker prematurely abandons employment4 7#c7 ,removal by the secretary ,the ,secretary shall promptly remove from the ,united ,states any ,h-#b;,a worker who violates any term or condition of the worker's nonimmigrant status4 7#d7 ,voluntary termination ,notwithstanding paragraph 7#a71 an alien may voluntarily terminate his or her employment if the alien promptly departs the ,united ,states upon termination of such employment4 7f7 ,replacement of ,alien 7#a7 ,in general ,upon presentation of the notice to the ,secretary required by subsection 7e77#b71 the ,secretary of ,state shall promptly issue a visa to1 and the ,secretary shall admit into the ,united ,states1 an eligible alien designated by the employer to replace an ,h-#b;,a worker-- 7,a7 who abandons or prematurely terminates employment2 or 7,b7 whose employment is terminated after a ,united ,states worker is employed pursuant to section #bah7;b77#b77;,h77iii71 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 reason4 7#b7 ,construction ,nothing in this subsection is intended to limit any preference required to be accorded ,united ,states workers under any other provision of this ,act4 7g7 ,identification ,document 7#a7 ,in general ,each alien authorized to be admitted under section #aja7;a77#ae77;,h77ii77a7 shall be provided an identification and employment eligibility document to verify eligibility for employment in the ,united ,states and verify the alien's identity4 7#b7 ,requirements ,no identification and employment eligibility document may be issued which does not meet the following requirements3 7,a7 ,the document shall be capable of reliably determining whether-- 7i7 the individual with the identification and employment eligibility document whose eligibility is being verified is in fact eligible for employment2 7ii7 the individual whose eligibility is being verified is claiming the identity of another person2 and 7iii7 the individual whose eligibility is being verified is authorized to be admitted into1 and employed in1 the ,united ,states as an ,h-#b;,a worker4 7,b7 ,the document shall be in a form that is resistant to counterfeiting and to tampering4 7,c7 ,the document shall-- 7i7 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 ,states2 and 7ii7 be compatible with law enforcement databases to determine if the alien has been convicted of criminal offenses4 7h7 ,extension of ,stay of ,h-#b;,a ,aliens in the ,united ,states 7#a7 ,extension of stay ,if an employer seeks approval to employ an ,h-#b;,a alien who is lawfully present in the ,united ,states1 the petition filed by the employer or an association pursuant to subsection 7a71 shall request an extension of the alien's stay and a change in the alien's employment4 7#b7 ,limitation on filing a petition for extension of stay ,a petition may not be filed for an extension of an alien's stay-- 7,a7 for a period of more than #aj months2 or 7,b7 to a date that is more than #c years after the date of the alien's last admission to the ,united ,states under this section4 7#c7 ,work authorization upon filing a petition for extension of stay 7,a7 ,in general ,an alien who is lawfully present in the ,united ,states may commence the employment described in a petition under paragraph 7#a7 on the date on which the petition is filed4 7,b7 ,definition ,for purposes of subparagraph 7,a71 the term file means sending the petition by certified mail via the ,united ,states ,postal ,service1 return receipt requested1 or delivered by guaranteed commercial delivery which will provide the employer with a documented acknowledgment of the date of receipt of the petition4 7,c7 ,handling of petition ,the employer shall provide a copy of the employer's petition to the alien1 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 ,states4 7,d7 ,approval of petition ,upon approval of a petition for an extension of stay or change in the alien's authorized employment1 the ,secretary shall provide a new or updated employment eligibility document to the alien indicating the new validity date1 after which the alien is not required to retain a copy of the petition4 7#d7 ,limitation on employment authorization of aliens without valid identification and employment eligibility document ,an expired identification and employment eligibility document1 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 7#a71 shall constitute a valid work authorization document for a period of not more than #fj days beginning on the date on which such petition is filed1 after which time only a currently valid identification and employment eligibility document shall be acceptable4 7#e7 ,limitation on an individual's stay in status 7,a7 ,maximum period ,the maximum continuous period of authorized status as an ,h-#b;,a worker 7including any extensions7 is #c years4 7,b7 ,requirement to remain outside the united states 7i7 ,in general ,subject to clause 7ii71 in the case of an alien outside the ,united ,states whose period of authorized status as an ,h-#b;,a worker 7including any extensions7 has expired1 the alien may not again apply for admission to the ,united ,states as an ,h-#b;,a worker unless the alien has remained outside the ,united ,states for a continuous period equal to at least #a_/e the duration of the alien's previous period of authorized status as an ,h-#b;,a worker 7including any extensions74 7ii7 ,exception ,clause 7i7 shall not apply in the case of an alien if the alien's period of authorized status as an ,h-#b;,a worker 7including any extensions7 was for a period of not more than #aj months and such alien has been outside the ,united ,states for at least #b months during the #ab months preceding the date the alien again is applying for admission to the ,united ,states as an ,h-#b;,a worker4 7i7 ,special rules for aliens employed as sheepherders1 goat herders1 or dairy workers ,notwithstanding any provision of the ,agricultural ,job ,opportunities1 ,benefits1 and ,security ,act of #bjac1 an alien admitted under section #aja7;a77#ae77;,h77ii77a7 for employment as a sheepherder1 goat herder1 or dairy worker-- 7#a7 may be admitted for an initial period of #ab months2 7#b7 subject to subsection 7j77#e71 may have such initial period of admission extended for a period of up to #c years2 and 7#c7 shall not be subject to the requirements of subsection 7h77#e7 7relating to periods of absence from the ,united ,states74 7j7 ,adjustment to lawful permanent resident status for aliens employed as sheepherders1 goat herders1 or dairy workers 7#a7 ,eligible alien ,for purposes of this subsection1 the term eligible alien means an alien-- 7,a7 having nonimmigrant status under section #aja7;a77#ae77;,h77ii77a7 based on employment as a sheepherder1 goat herder1 or dairy worker2 7,b7 who has maintained such nonimmigrant status in the ,united ,states for a cumulative total of #cf months 7excluding any period of absence from the ,united ,states72 and 7,c7 who is seeking to receive an immigrant visa under section #bjc7;b77#c77;,a77iii74 7#b7 ,classification petition ,in the case of an eligible alien1 the petition under section #bjd for classification under section #bjc7;b77#c77;,a77iii7 may be filed by-- 7,a7 the alien's employer on behalf of the eligible alien2 or 7,b7 the eligible alien4 7#c7 ,no labor certification required ,notwithstanding section #bjc7;b77#c77;,c71 no determination under section #bab7;a77#e77;,a7 is required with respect to an immigrant visa described in paragraph 7#a77;,c7 for an eligible alien4 7#d7 ,effect of petition ,the filing of a petition described in paragraph 7#b7 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 #aja7;a77#ae77;,h77ii77a74 7#e7 ,extension of stay ,the ,secretary shall extend the stay of an eligible alien having a pending or approved classification petition described in paragraph 7#b7 in #a-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 residence4 7#f7 ,construction ,nothing in this subsection shall be construed to prevent an eligible alien from seeking adjustment of status in accordance with any other provision of law4 #bah;,c4 ,worker protections and labor standards enforcement 7a7 ,enforcement ,authority 7#a7 ,investigation of complaints 7,a7 ,aggrieved person or third-party complaints ,the ,secretary of ,labor shall establish a process for the receipt1 investigation1 and disposition of complaints respecting a petitioner's failure to meet a condition specified in section #bah7;b71 or an employer's misrepresentation of material facts in an application under section #bah7;a74 ,complaints may be filed by any aggrieved person or organization 7including bargaining representatives74 ,no investigation or hearing shall be conducted on a complaint concerning such a failure or misrepresentation unless the complaint was filed not later than #ab months after the date of the failure1 or misrepresentation1 respectively4 ,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 occurred4 7,b7 ,determination on complaint ,under such process1 the ,secretary of ,labor shall provide1 within #cj days after the date such a complaint is filed1 for a determination as to whether or not a reasonable basis exists to make a finding described in subparagraph 7,c71 7,d71 7,e71 or 7,g74 ,if the ,secretary of ,labor determines that such a reasonable basis exists1 the ,secretary of ,labor shall provide for notice of such determination to the interested parties and an opportunity for a hearing on the complaint1 in accordance with section #eef of title #e1 ,united ,states ,code1 within #fj days after the date of the determination4 ,if such a hearing is requested1 the ,secretary of ,labor shall make a finding concerning the matter not later than #fj days after the date of the hearing4 ,in the case of similar complaints respecting the same applicant1 the ,secretary of ,labor may consolidate the hearings under this subparagraph on such complaints4 7,c7 ,failures to meet conditions ,if the ,secretary of ,labor finds1 after notice and opportunity for a hearing1 a failure to meet a condition of paragraph 7#a77;,a71 7#a77;,b71 7#a77;,d71 7#a77;,f71 7#b77;,a71 7#b77;,b71 or 7#b77;,g7 of section #bah7;b71 a substantial failure to meet a condition of paragraph 7#a77;,c71 7#a77;,e71 7#b77;,c71 7#b77;,d71 7#b77;,e71 or 7#b77;,h7 of section #bah7;b71 or a material misrepresentation of fact in an application under section #bah7;a7-- 7i7 the ,secretary of ,labor shall notify the ,secretary of such finding and may1 in addition1 impose such other administrative remedies 7including civil money penalties in an amount not to exceed #a1jjj per violation7 as the ,secretary of ,labor determines to be appropriate2 and 7ii7 the ,secretary may disqualify the employer from the employment of aliens described in section #aja7;a77#ae77;,h77ii77a7 for a period of #a year4 7,d7 ,willful failures and willful misrepresentations ,if the ,secretary of ,labor finds1 after notice and opportunity for hearing1 a willful failure to meet a condition of section #bah7;b71 a willful misrepresentation of a material fact in an application under section #bah7;a71 or a violation of subsection 7d77#a7-- 7i7 the ,secretary of ,labor shall notify the ,secretary of such finding and may1 in addition1 impose such other administrative remedies 7including civil money penalties in an amount not to exceed #e1jjj per violation7 as the ,secretary of ,labor determines to be appropriate2 7ii7 the ,secretary of ,labor may seek appropriate legal or equitable relief to effectuate the purposes of subsection 7d77#a72 and 7iii7 the ,secretary may disqualify the employer from the employment of ,h-#b;,a workers for a period of #b years4 7,e7 ,displacement of ,united ,states workers ,if the ,secretary of ,labor finds1 after notice and opportunity for hearing1 a willful failure to meet a condition of section #bah7;b7 or a willful misrepresentation of a material fact in an application under section #bah7;a71 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 #bah7;a7 or during the period of #cj days preceding such period of employment-- 7i7 the ,secretary of ,labor shall notify the ,secretary of such finding and may1 in addition1 impose such other administrative remedies 7including civil money penalties in an amount not to exceed #ae1jjj per violation7 as the ,secretary of ,labor determines to be appropriate2 and 7ii7 the ,secretary may disqualify the employer from the employment of ,h-#b;,a workers for a period of #c years4 7,f7 ,limitations on civil money penalties ,the ,secretary of ,labor shall not impose total civil money penalties with respect to an application under section #bah7;a7 in excess of #ij1jjj4 7,g7 ,failures to pay wages or required benefits ,if the ,secretary of ,labor finds1 after notice and opportunity for a hearing1 that the employer has failed to pay the wages1 or provide the housing allowance1 transportation1 subsistence reimbursement1 or guarantee of employment1 required under section #bah;,a7b71 the ,secretary of ,labor shall assess payment of back wages1 or other required benefits1 due any ,united ,states worker or ,h-#b;,a worker employed by the employer in the specific employment in question4 ,the back wages or other required benefits under section #bah;,a7b7 shall be equal to the difference between the amount that should have been paid and the amount that actually was paid to such worker4 7#b7 ,statutory construction ,nothing in this section shall be construed as limiting the authority of the ,secretary of ,labor to conduct any compliance investigation under any other labor law1 including any law affecting migrant and seasonal agricultural workers1 or1 in the absence of a complaint under this section1 under section #bah or #bah;,a4 7b7 ,rights ,enforceable by ,private ,right of ,action ,h-#b;,a workers may enforce the following rights through the private right of action provided in subsection 7c71 and no other right of action shall exist under ,federal or ,state law to enforce such rights3 7#a7 ,the providing of housing or a housing allowance as required under section #bah;,a7b77#a74 7#b7 ,the reimbursement of transportation as required under section #bah;,a7b77#b74 7#c7 ,the payment of wages required under section #bah;,a7b77#c7 when due4 7#d7 ,the benefits and material terms and conditions of employment expressly provided in the job offer described in section #bah7;a77#b71 not including the assurance to comply with other ,federal1 ,state1 and local labor laws described in section #bah;,a7c71 compliance with which shall be governed by the provisions of such laws4 7#e7 ,the guarantee of employment required under section #bah;,a7b77#d74 7#f7 ,the motor vehicle safety requirements under section #bah;,a7b77#e74 7#g7 ,the prohibition of discrimination under subsection 7d77#b74 7c7 ,private ,right of ,action 7#a7 ,mediation ,upon the filing of a complaint by an ,h-#b;,a worker aggrieved by a violation of rights enforceable under subsection 7b71 and within #fj days of the filing of proof of service of the complaint1 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 dispute4 ,upon a filing of such request and giving of notice to the parties1 the parties shall attempt mediation within the period specified in subparagraph 7,b74 7,a7 ,mediation services ,the ,federal ,mediation and ,conciliation ,service shall be available to assist in resolving disputes arising under subsection 7b7 between ,h-#b;,a workers and agricultural employers without charge to the parties4 7,b7 #ij-;day limit ,the ,federal ,mediation and ,conciliation ,service may conduct mediation or other nonbinding dispute resolution activities for a period not to exceed #ij 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 time4 7,c7 ,authorization 7i7 ,in general ,subject to clause 7ii71 there are authorized to be appropriated to the ,federal ,mediation and ,conciliation ,service #ejj1jjj for each fiscal year to carry out this section4 7ii7 ,mediation ,notwithstanding any other provision of law1 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 authorization1 such reimbursement to be credited to appropriations currently available at the time of receipt4 7#b7 ,maintenance of civil action in district court by aggrieved person ,an ,h-#b;,a worker aggrieved by a violation of rights enforceable under subsection 7b7 by an agricultural employer or other person may file suit in any district court of the ,united ,states having jurisdiction over the parties1 without regard to the amount in controversy1 without regard to the citizenship of the parties1 and without regard to the exhaustion of any alternative administrative remedies under this ,act1 not later than #c years after the date the violation occurs4 7#c7 ,election ,an ,h-#b;,a worker who has filed an administrative complaint with the ,secretary of ,labor may not maintain a civil action under paragraph 7#b7 unless a complaint based on the same violation filed with the ,secretary of ,labor under subsection 7a77#a7 is withdrawn before the filing of such action1 in which case the rights and remedies available under this subsection shall be exclusive4 7#d7 ,preemption of state contract rights ,nothing in this ,act shall be construed to diminish the rights and remedies of an ,h-#b;,a worker under any other ,federal or ,state law or regulation or under any collective bargaining agreement1 except that no court or administrative action shall be available under any ,state contract law to enforce the rights created by this ,act4 7#e7 ,waiver of rights prohibited ,agreements by employees purporting to waive or modify their rights under this ,act shall be void as contrary to public policy1 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 ,act4 ,the preceding sentence may not be construed to prohibit agreements to settle private disputes or litigation4 7#f7 ,award of damages or other equitable relief 7,a7 ,if the court finds that the respondent has intentionally violated any of the rights enforceable under subsection 7b71 it shall award actual damages1 if any1 or equitable relief4 7,b7 ,any civil action brought under this section shall be subject to appeal as provided in chapter #hc of title #bh1 ,united ,states ,code4 7#g7 ,workers' compensation benefits2 exclusive remedy 7,a7 ,notwithstanding any other provision of this section1 where a ,state's workers' compensation law is applicable and coverage is provided for an ,h-#b;,a worker1 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 law4 7,b7 ,the exclusive remedy prescribed in subparagraph 7,a7 precludes the recovery under paragraph 7#f7 of actual damages for loss from an injury or death but does not preclude other equitable relief1 except that such relief shall not include back or front pay or in any manner1 directly or indirectly1 expand or otherwise alter or affect-- 7i7 a recovery under a ,state workers' compensation law2 or 7ii7 rights conferred under a ,state workers' compensation law4 7#h7 ,tolling of statute of limitations ,if it is determined under a ,state workers' compensation law that the workers' compensation law is not applicable to a claim for bodily injury or death of an ,h-#b;,a worker1 the statute of limitations for bringing an action for actual damages for such injury or death under subsection 7c7 shall be tolled for the period during which the claim for such injury or death under such ,state workers' compensation law was pending4 ,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-#b;,a worker shall be tolled for the period during which the claim for such injury or death was pending under the ,state workers' compensation law4 7#i7 ,preclusive effect ,any settlement by an ,h-#b;,a worker and an ,h-#b;,a employer or any person reached through the mediation process required under subsection 7c77#a7 shall preclude any right of action arising out of the same facts between the parties in any ,federal or ,state court or administrative proceeding1 unless specifically provided otherwise in the settlement agreement4 7#aj7 ,settlements ,any settlement by the ,secretary of ,labor with an ,h-#b;,a employer on behalf of an ,h-#b;,a worker of a complaint filed with the ,secretary of ,labor under this section or any finding by the ,secretary of ,labor under subsection 7a77#a77;,b7 shall preclude any right of action arising out of the same facts between the parties under any ,federal or ,state court or administrative proceeding1 unless specifically provided otherwise in the settlement agreement4 7d7 ,discrimination ,prohibited 7#a7 ,in general ,it is a violation of this subsection for any person who has filed an application under section #bah7;a71 to intimidate1 threaten1 restrain1 coerce1 blacklist1 discharge1 or in any other manner discriminate against an employee 7which term1 for purposes of this subsection1 includes a former employee and an applicant for employment7 because the employee has disclosed information to the employer1 or to any other person1 that the employee reasonably believes evidences a violation of section #bah or #bah;,a or any rule or regulation pertaining to section #bah or #bah;,a1 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 #bah or #bah;,a or any rule or regulation pertaining to either of such sections4 7#b7 ,discrimination against h-#b;a workers ,it is a violation of this subsection for any person who has filed an application under section #bah7;a71 to intimidate1 threaten1 restrain1 coerce1 blacklist1 discharge1 or in any manner discriminate against an ,h-#b;,a employee because such worker has1 with just cause1 filed a complaint with the ,secretary of ,labor regarding a denial of the rights enumerated and enforceable under subsection 7b7 or instituted1 or caused to be instituted1 a private right of action under subsection 7c7 regarding the denial of the rights enumerated under subsection 7b71 or has testified or is about to testify in any court proceeding brought under subsection 7c74 7e7 ,authorization ,to ,seek ,other ,appropriate ,employment ,the ,secretary of ,labor and the ,secretary shall establish a process under which an ,h-#b;,a worker who files a complaint regarding a violation of subsection 7d7 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 classification4 7f7 ,role of ,associations 7#a7 ,violation by a member of an association ,an employer on whose behalf an application is filed by an association acting as its agent is fully responsible for such application1 and for complying with the terms and conditions of sections #bah and #bah;,a1 as though the employer had filed the application itself4 ,if such an employer is determined1 under this section1 to have committed a violation1 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 in1 had knowledge1 or reason to know1 of the violation1 in which case the penalty shall be invoked against the association or other association member as well4 7#b7 ,violations by an association acting as an employer ,if an association filing an application as a sole or joint employer is determined to have committed a violation under this section1 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 knowledge1 or reason to know of the violation1 in which case the penalty shall be invoked against the association member or members as well4 #bah;,d4 ,definitions ,for purposes of this section and section #bah1 #bah;,a1 #bah;,b1 and #bah;,c3 7#a7 ,agricultural employment ,the term agricultural employment means any service or activity that is considered to be agricultural under section #c7;f7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;f77 or agricultural labor under section #caba7;g7 of the ,internal ,revenue ,code of #aihf or the performance of agricultural labor or services described in section #aja7;a77#ae77;,h77ii77a74 7#b7 ,bona fide union ,the term bona fide union means any organization in which employees participate and which exists for the purpose of dealing with employers concerning grievances1 labor disputes1 wages1 rates of pay1 hours of employment1 or other terms and conditions of work for agricultural employees4 ,such term does not include an organization formed1 created1 administered1 supported1 dominated1 financed1 or controlled by an employer or employer association or its agents or representatives4 7#c7 ,displace ,the term displace1 in the case of an application with respect to #a or more ,h-#b;,a workers by an employer1 means laying off a ,united ,states worker from a job for which the ,h-#b;,a worker or workers is or are sought4 7#d7 ,eligible ,the term eligible1 when used with respect to an individual1 means an individual who is not an unauthorized alien 7as defined in section #bgd;,a74 7#e7 ,employer ,the term employer means any person or entity1 including any farm labor contractor and any agricultural association1 that employs workers in agricultural employment4 7#f7 ,h-#b;,a employer ,the term ,h-#b;,a employer means an employer who seeks to hire #a or more nonimmigrant aliens described in section #aja7;a77#ae77;,h77ii77a74 7#g7 ,h-#b;,a worker ,the term ,h-#b;,a worker means a nonimmigrant described in section #aja7;a77#ae77;,h77ii77a74 7#h7 ,job opportunity ,the term job opportunity means a job opening for temporary or seasonal full-time employment at a place in the ,united ,states to which ,united ,states workers can be referred4 7#i7 ,laying off 7,a7 ,in general ,the term laying off1 with respect to a worker-- 7i7 means to cause the worker's loss of employment1 other than through a discharge for inadequate performance1 violation of workplace rules1 cause1 voluntary departure1 voluntary retirement1 contract impossibility 7as described in section #bah;,a7b77#d77;,d771 or temporary suspension of employment due to weather1 markets1 or other temporary conditions2 but 7ii7 does not include any situation in which the worker is offered1 as an alternative to such loss of employment1 a similar employment opportunity with the same employer 7or1 in the case of a placement of a worker with another employer under section #bah7;b77#b77;,e71 with either employer described in such section7 at equivalent or higher compensation and benefits than the position from which the employee was discharged1 regardless of whether or not the employee accepts the offer4 7,b7 ,statutory construction ,nothing in this paragraph is intended to limit an employee's rights under a collective bargaining agreement or other employment contract4 7#aj7 ,regulatory drought ,the term regulatory drought means a decision subsequent to the filing of the application under section #bah 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 commodity1 thereby reducing the need for labor4 7#aa7 ,seasonal ,labor is performed on a seasonal basis if-- 7,a7 ordinarily1 it pertains to or is of the kind exclusively performed at certain seasons or periods of the year2 and 7,b7 from its nature1 it may not be continuous or carried on throughout the year4 7#ab7 ,secretary ,except as otherwise provided1 the term ,secretary means the ,secretary of ,homeland ,security4 7#ac7 ,temporary ,a worker is employed on a temporary basis where the employment is intended not to exceed #aj months4 7#ad7 ,united ,states worker ,the term ,united ,states worker means any worker1 whether a national of the ,united ,states1 an alien lawfully admitted for permanent residence1 or any other alien1 who is authorized to work in the job opportunity within the ,united ,states1 except an alien admitted or otherwise provided status under section #aja7;a77#ae77;,h77ii77a74 4 7b7 ,table of ,contents ,the table of contents of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended by striking the item relating to section #bah and inserting the following3 ,sec4 #bah4 ,h-#b;,a employer applications4 ,sec4 #bah;,a4 ,h-#b;,a employment requirements4 ,sec4 #bah;,b4 ,procedure for admission and extension of stay of ,h-#b;,a workers4 ,sec4 #bah;,c4 ,worker protections and labor standards enforcement4 ,sec4 #bah;,d4 ,definitions4 4 #d ,miscellaneous provisions #dfa4 ,determination and use of user fees 7a7 ,schedule of ,fees ,the ,secretary shall establish and periodically adjust a schedule of fees for the employment of aliens pursuant to the amendment made by section #dea7;a7 of this ,act and a collection process for such fees from employers4 ,such fees shall be the only fees chargeable to employers for services provided under such amendment4 7b7 ,determination of ,schedule 7#a7 ,in general ,the schedule under subsection 7a7 shall reflect a fee rate based on the number of job opportunities indicated in the employer's application under section #bah of the ,immigration and ,nationality ,act1 as amended by section #dea of this ,act1 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 #dea7;a7 of this ,act1 to include the certification of eligible employers1 the issuance of documentation1 and the admission of eligible aliens4 7#b7 ,procedure 7,a7 ,in general ,in establishing and adjusting such a schedule1 the ,secretary shall comply with ,federal cost accounting and fee setting standards4 7,b7 ,publication and comment ,the ,secretary shall publish in the ,federal ,register an initial fee schedule and associated collection process and the cost data or estimates upon which such fee schedule is based1 and any subsequent amendments thereto1 pursuant to which public comment shall be sought and a final rule issued4 7c7 ,use of ,proceeds ,notwithstanding any other provision of law1 all proceeds resulting from the payment of the fees pursuant to the amendment made by section #dea7;a7 of this ,act shall be available without further appropriation and shall remain available without fiscal year limitation to reimburse the ,secretary1 the ,secretary of ,state1 and the ,secretary of ,labor for the costs of carrying out-- 7#a7 sections #bah and #bah;,b of the ,immigration and ,nationality ,act1 as amended and added1 respectively1 by section #dea of this ,act2 and 7#b7 the provisions of this ,act4 #dfb4 ,regulations 7a7 ,requirement for the ,secretary ,to consult ,the ,secretary shall consult with the ,secretary of ,labor and the ,secretary of ,agriculture during the promulgation of all regulations to implement the duties of the ,secretary under this ,act and the amendments made by this ,act4 7b7 ,requirement for the ,secretary of ,state ,to consult ,the ,secretary of ,state shall consult with the ,secretary1 the ,secretary of ,labor1 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 ,act4 7c7 ,requirement for the ,secretary of ,labor ,to consult ,the ,secretary of ,labor shall consult with the ,secretary of ,agriculture and the ,secretary on all regulations to implement the duties of the ,secretary of ,labor under this ,act and the amendments made by this ,act4 7d7 ,deadline for issuance of regulations ,all regulations to implement the duties of the ,secretary1 the ,secretary of ,state1 and the ,secretary of ,labor created under sections #bah1 #bah;,a1 #bah;,b1 #bah;,c1 and #bah;,d of the ,immigration and ,nationality ,act1 as amended or added by section #dea of this ,act1 shall take effect on the effective date of section #dea and shall be issued not later than #a year after the date of enactment of this ,act4 #dfc4 ,reports to ,congress 7a7 ,annual report ,not later than ,september #cj of each year1 the ,secretary shall submit a report to ,congress that identifies1 for the previous year-- 7#a7 the number of job opportunities approved for employment of aliens admitted under section #aja7;a77#ae77;,h77ii77a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77ii77a771 and the number of workers actually admitted1 disaggregated by ,state and by occupation2 7#b7 the number of such aliens reported to have abandoned employment pursuant to subsection 7e77#b7 of section #bah;,b of such ,act1 as added by section #dea2 7#c7 the number of such aliens who departed the ,united ,states within the period specified in subsection 7d7 of such section #bah;,b2 7#d7 the number of aliens who applied for blue card status pursuant to section #dca7;a72 7#e7 the number of aliens who were granted such status pursuant section #dca7;a72 7#f7 the number of aliens who applied for an adjustment of status pursuant to section #dcc7;a72 and 7#g7 the number of aliens who received an adjustment of status pursuant section #dcc7;a74 7b7 ,implementation report ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall prepare and submit to ,congress a report that describes the measures being taken and the progress made in implementing this ,act4 #dfd4 ,effective date ,the amendments made by section #dea and section #dfa shall take effect #a year after the date of the enactment of this ,act4 ,v ,strengthening the ,u4,s4 ,economy and ,workforce ,a ,immigration and ,labor #a ,immigration and labor markets #eja4 ,commission on ,immigration and ,labor ,markets 7a7 ,establishment of ,commission 7#a7 ,in general ,there is established a permanent1 independent1 ,federal agency within the ,executive ,branch of the ,united ,states to be known as the ,commission on ,immigration and ,labor ,markets 7referred to in this section as the ,commission74 7#b7 ,purposes ,through objective1 thorough1 accurate and nonpartisan review and analysis1 the purposes of the ,commission are to-- 7,a7 establish employment-based immigration policies that promote ,america's economic growth and competitiveness while minimizing job displacement1 wage depression and unauthorized employment in the ,united ,states2 7,b7 create and implement a policy-focused research agenda on the economic impacts of immigration at the national1 regional1 ,state1 industry and occupation levels2 7,c7 collect and analyze information about employment-based immigration and the labor market and share the data and analysis with lawmakers1 researchers and the ,american public2 7,d7 recommend to the ,congress and the ,president on a regular basis an evidence-based methodology for determining the level of employment-based immigration2 and 7,e7 recommend to ,congress and the ,president the numeric levels and characteristics of workers to be admitted in various employment-based visa categories4 7#c7 ,membership ,the ,commission shall be composed of-- 7,a7 #g voting members-- 7i7 who shall be appointed by the ,president1 with the advice and consent of the ,senate1 no later than #f months after the date of the enactment of this ,act2 7ii7 who shall serve for #e-year staggered terms2 7iii7 one of whom the ,president shall appoint as ,chair of the ,commission to serve a #f-year term1 which can be extended for #a additional #c-year term2 7iv7 who shall have expertise in economics1 demography1 sociology1 labor1 business1 civil rights1 immigration or other pertinent qualifications or experience2 and 7v7 not more than #d of whom may be members of the same political party2 and 7,b7 #h ex-officio members1 including-- 7i7 the ,secretary2 7ii7 the ,secretary of ,state2 7iii7 the ,attorney ,general2 7iv7 the ,secretary of ,labor2 7v7 the ,secretary of ,commerce2 7vi7 the ,secretary of ,health and ,human ,services2 7vii7 the ,secretary of ,agriculture2 and 7viii7 the ,commissioner of ,social ,security4 7#d7 ,vacancies ,any vacancy in the ,commission shall be filled in the same manner as the original appointment4 7#e7 ,meetings 7,a7 ,initial meeting ,the ,commission shall meet and begin carrying out the duties described in subsection 7b7 as soon as practicable4 7,b7 ,subsequent meetings ,after its initial meeting1 the ,commission shall meet upon the call of the ,chair or a majority of its members4 7,c7 ,quorum ,five voting members of the ,commission shall constitute a quorum4 7b7 ,duties of the commission ,the ,commission shall-- 7#a7 collect1 analyze and publish data regarding-- 7,a7 the historic migration patterns to and from the ,united ,states and demographic trends1 including the birth rate1 education levels1 and age profiles of the immigrant and native population of the ,united ,states2 7,b7 the impact of employment-based immigration-- 7i7 at the national1 regional1 ,state and local levels2 7ii7 within industries and business sectors2 7iii7 on occupations and occupational levels2 7iv7 on small business2 and 7v7 on employment and unemployment levels2 7,c7 the current and anticipated needs of employers for skilled and unskilled labor2 7,d7 the current and anticipated supply of skilled and unskilled labor2 7,e7 the impact of employment-based immigration on the economic growth and competitiveness and labor standards1 conditions1 and wages2 7,f7 the extent and impact of unauthorized employment in the ,united ,states2 7,g7 the factors that determine the economic success of immigrants to the ,united ,states2 and 7,h7 any other matters regarding the impact of employment-based immigration that the ,commission considers appropriate2 7#b7 after soliciting and reviewing input from the public1 develop and publish in the ,federal ,register a plan for the performance of its duties1 including a description of the methodologies it will employ to measure the need for immigrant workers or nonimmigrant foreign workers in different regions1 ,states1 industries and occupations2 7#c7 submit to the ,congress1 according to the procedures in subsection 7c71 the methodologies it proposes to use to determine the need for immigrant workers and nonimmigrant foreign workers2 7#d7 submit to the ,congress1 according to the procedures in subsection 7c71 any amendments which the ,commission deems appropriate to the numeric levels of visas established by the ,immigration and ,nationality ,act for temporary or permanent employment2 7#e7 annually thereafter1 submit a report to the ,president and ,congress that-- 7,a7 contains any amendments to the numeric levels set according to the procedures in subsection 7c77#b71 which shall take effect in the same manner described therein unless disapproved by the passage of a resolution in ,congress2 and 7,b7 makes other recommendations regarding employment-based visas or immigration1 including legislative or administrative action1 that the ,commission determines to be in the national interest2 and 7#f7 establish collaborative relationships with international organizations and agencies in countries of origin to encourage the deposit of remittances with financial institutions that will reinvest the remittances received from the ,united ,states to promote job development in those countries of origin that have sent immigrants to the ,united ,states4 7c7 ,procedures ,to determine appropriate level of employment-,based immigration for temporary or permanent employment 7#a7 ,methodology ,not later than #ab months after ,congress appropriates funds for its operation1 the ,commission shall submit to ,congress the methodologies it proposes to use to determine the need for immigrant workers and nonimmigrant foreign workers4 ,congress shall have #ij days to enact a resolution of disapproval4 ,in the absence of such action1 the methodologies shall stand approved4 7#b7 ,initial determination of numeric levels ,at the beginning of the first regular session of ,congress after the methodologies in paragraph 7#a7 have been approved1 but not later than the first day of ,april1 the ,commission shall submit to ,congress the numeric levels of visas it recommends1 by majority vote1 to be made available for temporary or permanent employment under the ,immigration and ,nationality ,act and a statement of the reasons therefore4 ,congress shall have #ij days to enact a resolution of disapproval4 ,in absence of such action1 the numeric levels shall stand approved and be implemented at the start of the next fiscal year4 7#c7 ,annual determinations ,once the initial determination of numeric levels is established1 the ,commission shall annually thereafter submit to ,congress any increase or decrease in numeric levels of employment-based immigration it recommends by majority vote1 which shall be disapproved by ,congress in the same manner as in clause 7#b71 or stand approved for the next fiscal year4 7d7 ,powers of the commission 7#a7 ,the ,commission1 by vote of a majority of the members present and voting1 shall have the power to-- 7,a7 establish general policies and promulgate such rules and regulations for the ,commission as are necessary to carry out the purposes of this section2 7,b7 appoint and fix the salary and duties of the ,staff ,director of the ,commission1 who shall serve at the discretion of the ,commission and who shall be compensated at a rate not to exceed the highest rate now or hereafter prescribed for ,level #f of the ,senior ,executive ,service ,schedule 7#e ,u4,s4,c4 #echb71 and such other personnel as may be necessary to enable the ,commission to carry out its functions2 7,c7 deny1 revise1 or ratify any request for regular1 supplemental1 or deficiency appropriations prior to any submission of such request to the ,office of ,management and ,budget by the ,chair2 7,d7 utilize1 with their consent1 the services1 equipment1 personnel1 information1 and facilities of other ,federal1 ,state1 local1 and private agencies and instrumentalities with or without reimbursement therefor2 7,e7 without regard to section #ccbd of title #ca1 ,united ,states ,code1 enter into and perform such contracts1 leases1 cooperative agreements1 and other transactions as may be necessary in the conduct of the functions of the ,commission1 with any public agency1 or with any person1 firm1 association1 corporation1 educational institution1 or nonprofit organization2 7,f7 accept and employ1 in carrying out the provisions of this title1 voluntary and uncompensated services1 notwithstanding the provisions of section #acdb of title #ca1 ,united ,states ,code1 however1 individuals providing such services shall not be considered ,federal employees except for purposes of chapter #ha of title #e1 ,united ,states ,code1 with respect to job-incurred disability and title #bh1 ,united ,states ,code1 with respect to tort claims2 7,g7 request such information1 data1 and reports from any ,federal agency as the ,commission may from time to time require and as may be produced consistent with other law2 7,h7 arrange with the head of any other ,federal agency for the performance by such agency of any function of the ,commission1 with or without reimbursement2 7,i7 establish a research and development program within the ,commission for the purpose of understanding and documenting the effects of immigration and the temporary admission of foreign workers on the labor market and national competitiveness2 7,j7 collect systematically the data obtained from studies1 research1 and the empirical experience of public and private agencies concerning the need for and effects of employment-based immigration and the admission of nonimmigrant workers2 7,k7 interview and confer with ,state and local officials1 representatives of labor and industry1 and experts in academia to obtain information about the need for or benefit of additional immigrant or nonimmigrant workers2 7,l7 make recommendations to ,congress concerning modification or enactment of statutes relating to matters that the ,commission finds to be necessary and advisable to carry out an effective employment-based immigration policy2 7,m7 hold hearings and call witnesses to assist the ,commission in the exercise of its powers or duties2 7,n7 retain and1 in its discretion pay reasonable attorneys' fees out if its appropriated funds to1 private attorneys who-- 7i7 shall provide legal advice to the ,commission in the conduct of its work1 or to appear for or represent the ,commission in any case in which the ,commission is authorized by law to represent itself1 or in which the ,commission is representing itself with the consent of the ,department of ,justice2 and 7ii7 when serving as officers or employees of the ,united ,states1 shall be considered special government employees as defined in section #bjb7;a7 of title #ah2 and 7,o7 grant incentive awards to its employees pursuant to chapter #de of title #e1 ,united ,states ,code4 7#b7 ,the ,commission shall have such other powers and duties and shall perform such other functions as may be necessary to carry out the purposes of this section1 and may delegate to any member or designated person such powers as may be appropriate4 7e7 ,information and assistance from ,federal agencies 7#a7 ,information ,the head of any ,federal department or agency that receives a request from the ,commission for information1 including suggestions1 estimates1 and statistics1 as the ,commission considers necessary to carry out the provisions of this section1 shall furnish such information to the ,commission1 to the extent allowed by law4 7#b7 ,assistance 7,a7 ,general services administration ,the ,administrator of ,general ,services shall1 on a reimbursable basis1 provide the ,commission with administrative support and other services for the performance of the ,commission's functions4 7,b7 ,other ,federal agencies ,the departments and agencies of the ,united ,states may provide the ,commission with such services1 funds1 facilities1 staff1 and other support services as heads of such departments and agencies determine advisable and authorized by law4 7f7 ,personnel matters 7#a7 ,staff 7,a7 ,except as provided under subparagraph 7,b71 any personnel of the ,commission who are employees shall be considered to be employees under section #baje of title #e1 ,united ,states ,code1 for purposes of chapters #fc1 #ha1 #hc1 #hd1 #he1 #hg1 #hi and #ij of such title4 7,b7 ,subparagraph 7,a7 shall not apply to members of the ,commission4 7#b7 ,detailees ,any employee of the ,federal ,government may be detailed to the ,commission without reimbursement from the ,commission4 ,such detailee shall retain the rights1 status1 and privileges of his or her regular employment without interruption4 7#c7 ,consultant services ,the ,commission may procure the services of experts and consultants in accordance with section #caji of title #e1 ,united ,states ,code1 at rates not to exceed the daily rate paid a person occupying a position at level ,,iv of ,executive ,schedule under section #ecae of such title #e4 7g7 ,compensation and travel expenses 7#a7 ,compensation ,each voting member of the ,commission may be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level ,,iv of the ,executive ,schedule under section #ecae of title #e1 ,united ,states ,code1 for each day during which that member is engaged in the actual performance of the duties of the ,commission4 7#b7 ,travel expenses ,members of the ,commission shall be allowed travel expenses1 including per diem in lieu of subsistence1 in the same manner as persons employed intermittently in ,government service are allowed expenses under section #egjc7;b7 of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in performance of services for the ,commission4 7h7 ,authorization of appropriations ,there are authorized to carry out the purposes of this section such sums as may be necessary4 #ejb4 ,security and prosperity account ,section #bhf 7#h ,u4,s4,c4 #acef7 is amended by adding at the end the following new subsection3 7w7 ,prosperity account 7#a7 ,establishment ,there is established in the general fund of the ,treasury an account1 which shall be known as the ,security and ,prosperity ,account4 7#b7 ,deposits ,notwithstanding any other provision of this ,act1 there shall be deposited as offsetting receipts into the ,security and ,prosperity ,account-- 7,a7 all fines collected under section #dja7;g77#b77;,b7 of the ,,cir ,,asap ,act of #bjac2 and 7,b7 all fees collected under section #dja7;g77#b77;,a7 of such ,act4 7#c7 ,use of funds ,the fees and fines deposited into the ,security and ,prosperity ,fund shall be allocated as follows3 7,a7 #be percent shall be allocated for ,training and ,employment ,services for activities under the ,workforce ,investment ,act 7,,wia7 of #aiih which shall distributed as follows3 7i7 #be percent for grants to the ,states for adult employment and training activities4 7ii7 #bj percent for grants to the ,states for dislocated worker employment and training activities4 7iii7 #aj percent shall be allocated for the dislocated workers assistance national reserve1 except that-- 7,i7 such funds shall be made available for grants only to eligible entities that serve areas of high unemployment or high poverty and only for purposes described in subsection #agc7;a77#a7 of the ,,wia2 and 7,,ii7 the ,secretary of ,labor shall ensure that applicants for such funds demonstrate how income support1 child care and other supportive services necessary for an individual's participation in job training will be provided2 and 7iv7 #de percent for a program of competitive grants for worker training and placement in high growth and emerging industry sectors4 7,b7 #e percent shall be allocated for the ,american ,worker ,recruit and ,match ,system described in section #ejc of the ,,cir ,,asap ,act of #bjac4 7,c7 #aj percent shall be allocated to the ,secretary of ,homeland ,security for the processing of immigration benefits applications and to subsidize the costs of immigration benefits applications described in section #cba4 7,d7 #c percent shall be allocated to implement title ,,vi of the ,,cir ,,asap ,act of #bjac4 7,e7 #b percent shall be allocated for the establishment and operations of the ,commission on ,labor ,markets and ,immigration as described in section #eja of such ,act4 7,f7 #cj percent shall be allocated to implement the amendments made by title ,,ii of the ,,cir ,,asap ,act of #bjac1 and enforcement efforts mandated in such amendments to ensure compliance with the employment practices described in such amendments4 7,g7 #be percent distributed equally among the programs established in title ,i of the ,,cir ,,asap ,act of #bjac for border security1 detention1 and enforcement4 4 #ejc4 ,american recruit and match system 7a7 ,establishment of program ,each ,state ,workforce ,agency 7,,swa7 shall establish an ,internet-based program entitled ,american ,worker ,recruit and ,match program1 to be incorporated with existing ,,swa ,web-based job search engines1 if any-- 7#a7 whereby employers may electronically post employment opportunities in fields and occupations that have traditionally relied on unauthorized labor1 such as hospitality1 agriculture1 construction1 domestic services1 food services and as determined by the ,secretary of ,labor2 7#b7 whereby individuals may electronically post employment profiles2 and 7#c7 that shall be searchable and shall match employers with qualified individuals4 7b7 ,single internet link ,the ,secretary of ,labor shall establish a publicly accessible ,web page on the ,internet website of the ,department of ,labor that provides a single internet link to each ,state workforce agency's ,american ,worker ,recruit and ,match program4 7c7 ,education ,each ,state workforce agency shall conduct monthly seminars that shall be publicly noticed1 to educate employers and individuals regarding use of the ,american ,recruit and ,match ,system4 7d7 ,funding ,fees and fines deposited in the ,prosperity ,fund under section #bhf7w77#c77;,b7 of the ,immigration and ,nationality ,act may be used to carry out this section4 #b ,protection of workers recruited abroad #eaa4 ,protections for workers recruited abroad 7a7 ,basic requirements 7#a7 ,each employer and foreign labor contractor who engages in foreign labor contracting activity shall ascertain and disclose to each such worker who is recruited for employment the following information at the time of the worker's recruitment3 7,a7 ,the place of employment4 7,b7 ,the compensation for the employment4 7,c7 ,a description of employment activities4 7,d7 ,the period of employment4 7,e7 ,the transportation1 housing1 and any other employee benefit to be provided and any costs to be charged for each benefit4 7,f7 ,the existence of any labor organizing effort1 strike1 lockout1 or other labor dispute at the place of employment4 7,g7 ,the existence of any arrangements with any owner or agent of any establishment in the area of employment under which the contractor or employer is to receive a commission or any other benefit resulting from any sales 7including the provision of services7 by such establishment to the workers4 7,h7 ,whether and the extent to which workers will be compensated through workers' compensation1 private insurance1 or otherwise for injuries or death1 including work related injuries and death1 during the period of employment and1 if so1 the name of the ,state workers' compensation insurance carrier or the name of the policyholder of the private insurance1 the name and the telephone number of each person who must be notified of an injury or death1 and the time period within which such notice must be given4 7,i7 ,any education or training to be provided or made available1 including the nature and cost of such training1 who will pay such costs1 and whether the training is a condition of employment1 continued employment1 or future employment4 7,j7 ,a statement1 approved by the ,secretary of ,labor1 describing the protections of this part for workers recruited abroad4 7#b7 ,no foreign labor contractor or employer shall knowingly provide false or misleading information to any worker concerning any matter required to be disclosed in paragraph 7#a74 7#c7 ,the information required to be disclosed by paragraph 7#a7 to workers shall be provided in written form4 ,such information shall be provided in ,english or1 as necessary and reasonable1 in the language of the worker being recruited4 ,the ,department of ,labor shall make forms available in ,english1 ,spanish1 and other languages1 as necessary1 which may be used in providing workers with information required under this section4 7#d7 ,no fees may be charged to a worker for recruitment4 7#e7 ,no employer or foreign labor contractor shall1 without justification1 violate the terms of any working arrangement made by that contractor or employer4 7#f7 ,the employer shall pay the transportation costs1 including subsistence costs during the period of travel1 for the worker from the place of recruitment to the place of employment and from the place of employment to such worker's place of permanent residence4 7#g7 7,a7 ,it shall be unlawful for an employer or a foreign labor contractor to fail or refuse to hire or to discharge any individual1 or otherwise discriminate against an individual with respect to compensation1 terms1 conditions1 or privileges of employment because such individual's race1 color1 creed1 sex1 national origin1 religion1 age1 or disability4 7,b7 ,for the purposes of determining the existence of unlawful discrimination under subclause 7,a7-- 7i7 in the case of a claim of discrimination based on race1 color1 creed1 sex1 national origin1 or religion1 the same legal standards shall apply as are applicable under title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq472 7ii7 in the case of a claim of discrimination based on unlawful discrimination based on age1 the same legal standards shall apply as are applicable under the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fba et seq472 and 7iii7 in the case of a claim of discrimination based on disability1 the same legal standards shall apply as are applicable under title ,i of the ,americans ,with ,disabilities ,act 7#db ,u4,s4,c4 #abaja et seq474 7b7 ,other worker protections 7#a7 ,each employer shall notify the ,secretary of the identity of any foreign labor contractor involved in any foreign labor contractor activity for or on behalf of the employer4 ,the employer shall be subject to the civil remedies of this chapter for violations committed by such foreign labor contractor to the same extent as if the employer had committed the violation4 ,the employer shall notify the ,secretary of the identity of such a foreign labor contractor whose activities do not comply with this chapter4 7#b7 ,the ,secretary shall maintain a list of all foreign labor contractors whom the ,secretary knows or believes have been involved in violations of this chapter1 and make that list publicly available4 ,the ,secretary shall provide a procedure by which an employer1 a foreign labor contractor1 or someone acting on behalf of such contractor may seek to have a foreign labor contractor's name removed from such list by demonstrating to the ,secretary's satisfaction that the foreign labor contractor has not violated this chapter in the previous five years4 7#c7 ,no foreign labor contractor shall violate1 without justification1 the terms of any written agreements made with an employer pertaining to any contracting activity or worker protection under this chapter4 7c7 ,discrimination prohibited against workers seeking relief under this chapter ,no person shall intimidate1 threaten1 restrain1 coerce1 blacklist1 discharge1 or in any manner discriminate against any worker because such worker has1 with just cause1 filed any complaint or instituted1 or caused to be instituted1 any proceeding under or related to this chapter1 or has testified or is about to testify in any such proceedings1 or because of the exercise1 with just cause1 by such worker on behalf of himself or others of any right or protection afforded by this chapter4 #eab4 ,enforcement provisions 7a7 ,criminal sanctions ,whoever knowingly violates this chapter shall be fined under title #ah1 ,united ,states ,code1 or imprisoned not more than one year1 or both4 ,upon conviction1 after a first conviction under this section1 for a second or subsequent violation of this chapter1 the defendant shall be fined under title #ah1 ,united ,states ,code1 or imprisoned not more than three years1 or both4 7b7 ,administrative sanctions 7#a7 7,a7 ,subject to subparagraph 7,b71 the ,secretary may assess a civil money penalty of not more than #e1jjj on any person who violates this chapter4 7,b7 ,in determining the amount of any penalty to be assessed under subparagraph 7,a71 the ,secretary shall take into account 7i7 the previous record of the person in terms of compliance with this chapter and with comparable requirements of the ,fair ,labor ,standards ,act of #aich1 and with regulations promulgated under such ,acts1 and 7ii7 the gravity of the violation4 7#b7 ,any employer who uses the services of a foreign labor contractor who is on the list maintained by the ,secretary pursuant to section #b7;b77#b71 shall1 if the actions of such foreign labor contractor have contributed to a violation of this chapter by the employer1 be fined #aj1jjj per violation in addition to any other fines or penalties for which the employer may be liable for the violation4 7c7 ,actions by ,secretary ,the ,secretary may take such actions1 including seeking appropriate injunctive relief and specific performance of contractual obligations1 as may be necessary to assure employer compliance with terms and conditions of employment under this chapter and with this chapter4 7d7 ,waiver of rights ,agreements by employees purporting to waive or to modify their rights under this chapter shall be void as contrary to public policy4 7e7 ,representation in court ,except as provided in section #eah7;a7 of title #bh1 ,united ,states ,code1 relating to litigation before the ,supreme ,court1 the ,solicitor of ,labor may appear for and represent the ,secretary in any civil litigation brought under this chapter1 but all such litigation shall be subject to the direction and control of the ,attorney ,general4 #eac4 ,procedures in addition to other rights of employees ,the rights and remedies provided to workers by this chapter are in addition to1 and not in lieu of1 any other contractual or statutory rights and remedies of the workers1 and are not intended to alter or affect such rights and remedies4 #ead4 ,authority to prescribe regulations ,the ,secretary of ,labor shall prescribe such regulations as may be necessary to carry out this chapter4 #eae4 ,definitions 7a7 ,in general ,except as otherwise provided by this chapter1 for purposes of this chapter the terms used in this chapter shall have the same meanings1 respectively1 as are given those terms in section #c of the ,fair ,labor ,standards ,act of #aich4 7b7 ,other definitions ,as used in this chapter3 7#a7 ,the term ,state means any ,state of the ,united ,states and includes the ,district of ,columbia1 ,puerto ,rico1 ,guam1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 and the ,virgin ,islands of the ,united ,states4 7#b7 ,the term foreign labor contractor means any person who for any money or other valuable consideration paid or promised to be paid1 performs any foreign labor contracting activity4 7#c7 ,the term foreign labor contracting activity means recruiting1 soliciting1 hiring1 employing1 or furnishing1 an individual who resides outside of the ,united ,states to be employed in the ,united ,states4 7#d7 ,the term ,secretary means the ,secretary of ,labor4 7#e7 ,the term worker means an individual who is the subject of foreign labor contracting activity4 #c ,technical correction #eba4 ,technical correction ,section #bab of the ,immigration and ,nationality ,act is amended by redesignating the second subsection 7t71 as added by section #a7;b77#b77;,b7 of the ,act entitled ,an ,act to amend and extend the ,irish ,peace ,process ,cultural and ,training ,program ,act of #aiih 7,public ,law #ajh-ddi 7#aah ,stat4 #cdgj771 as subsection 7u74 ,b ,reforms of certain classes of employment-,based visas #a ,h-#a;,b visa fraud and abuse protections ,a ,h-#a;,b ,employer ,application ,requirements #eca4 ,modification of application requirements 7a7 ,general application requirements ,subparagraph 7,a7 of section #bab7n77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7n77#a77 is amended to read as follows3 7,a7 ,the employer-- 7i7 is offering and will offer to ,h-#a;,b nonimmigrants1 during the period of authorized employment for each ,h-#a;,b nonimmigrant1 wages that are determined based on the best information available at the time the application is filed and which are not less than the highest of-- 7,i7 the locally determined prevailing wage level for the occupational classification in the area of employment2 7,,ii7 the median average wage for all workers in the occupational classification in the area of employment2 and 7,,iii7 the median wage for skill level #b in the occupational classification found in the most recent ,occupational ,employment ,statistics survey2 and 7ii7 will provide working conditions for such ,h-#a;,b nonimmigrant that will not adversely affect the working conditions of other workers similarly employed4 4 7b7 ,internet posting requirement ,subparagraph 7,c7 of such section #bab7n77#a7 is amended-- 7#a7 by redesignating clause 7ii7 as subclause 7,,ii72 7#b7 by striking 7i7 has provided and inserting the following3 7ii7 7,i7 has provided 2 and 7#c7 by inserting before clause 7ii71 as redesignated by paragraph 7#b7 of this subsection1 the following3 7i7 has posted on the ,internet website described in paragraph 7#c71 for at least #cj calendar days1 a detailed description of each position for which a nonimmigrant is sought that includes a description of-- 7,i7 the wages and other terms and conditions of employment2 7,,ii7 the minimum education1 training1 experience1 and other requirements for the position2 and 7,,iii7 the process for applying for the position2 and 4 7c7 ,wage determination information ,subparagraph 7,d7 of such section #bab7n77#a7 is amended by inserting the wage determination methodology used under subparagraph 7,a77i71 after shall contain4 7d7 ,application of requirements to all employers 7#a7 ,nondisplacement ,subparagraph 7,e7 of such section #bab7n77#a7 is amended-- 7,a7 in clause 7i7-- 7i7 by striking #ij days both places it appears and inserting #ahj days2 and 7ii7 by striking 7i7 ,in the case of an application described in clause 7ii71 the and inserting ,the2 and 7,b7 by striking clause 7ii74 7#b7 ,recruitment ,subparagraph 7,g77i7 of such section #bab7n77#a7 is amended by striking ,in the case of an application described in subparagraph 7,e77ii71 subject and inserting ,subject4 7e7 ,requirement for waiver ,subparagraph 7,f7 of such section #bab7n77#a7 is amended to read as follows3 7,f7 ,the employer shall not place1 outsource1 lease1 or otherwise contract for the services or placement of ,h-#a;,b nonimmigrants with another employer unless the employer of the alien has been granted a waiver under paragraph 7#b77;,e74 4 #ecb4 ,new application requirements ,section #bab7n77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7n77#a77 is amended by inserting after clause 7ii7 of subparagraph 7,g7 the following3 7,h7 7i7 ,the employer has not advertised any available position specified in the application in an advertisement that states or indicates that-- 7,i7 such position is only available to an individual who is or will be an ,h-#a;,b nonimmigrant2 or 7,,ii7 an individual who is or will be an ,h-#a;,b nonimmigrant shall receive priority or a preference in the hiring process for such position4 7ii7 ,the employer has not solely recruited individuals who are or who will be ,h-#a;,b nonimmigrants to fill such position4 7,i7 ,if the employer employs #ej or more employees in the ,united ,states1 the sum of the number of such employees who are ,h-#a;,b nonimmigrants plus the number of such employees who are nonimmigrants described in section #aja7;a77#ae77,l7 may not exceed #ej percent of the total number of employees4 7,j7 ,if the employer1 in such previous period as the ,secretary shall specify1 employed #a or more ,h-#a;,b nonimmigrants1 the employer shall submit to the ,secretary the ,internal ,revenue ,service ,form ,w-#b ,wage and ,tax ,statement filed by the employer with respect to the ,h-#a;,b nonimmigrants for such period4 4 #ecc4 ,application review requirements 7a7 ,technical amendment ,section #bab7n77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7n77#a771 as amended by section #ajb1 is further amended in the undesignated paragraph at the end1 by striking ,the employer and inserting the following3 7,k7 ,the employer4 4 7b7 ,application review requirements ,subparagraph 7,k7 of such section #bab7n77#a71 as designated by subsection 7a71 is amended-- 7#a7 by inserting and through the ,department of ,labor's website1 without charge4 after ,d4,c42 7#b7 by striking only for completeness and inserting for completeness and clear indicators of fraud or misrepresentation of material fact12 7#c7 by striking or obviously inaccurate and inserting 1 presents clear indicators of fraud or misrepresentation of material fact1 or is obviously inaccurate2 7#d7 by striking within #g days of and inserting not later than #ad days after2 and 7#e7 by adding at the end the following3 ,if the ,secretary's review of an application identifies clear indicators of fraud or misrepresentation of material fact1 the ,secretary may conduct an investigation and hearing in accordance with paragraph 7#b744 ,b ,investigation and ,disposition of ,complaints against ,h-#a;,b #eda4 ,general modification of procedures for investigation and disposition ,subparagraph 7,a7 of section #bab7n77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7n77#b77 is amended-- 7#a7 by striking 7,a7 ,subject and inserting 7,a77i7 ,subject2 7#b7 by striking #ab months and inserting #bd months2 7#c7 by striking the last sentence2 and 7#d7 by adding at the end the following3 7ii7 7,i7 ,upon the receipt of such a complaint1 the ,secretary may initiate an investigation to determine if such a failure or misrepresentation has occurred4 7,,ii7 ,the ,secretary may conduct surveys of the degree to which employers comply with the requirements of this subsection and may conduct annual compliance audits of employers that employ ,h-#a;,b nonimmigrants4 7,,iii7 ,the ,secretary shall-- 7aa7 conduct annual compliance audits of not less than #a percent of the employers that employ ,h-#a;,b nonimmigrants during the applicable calendar year2 7bb7 conduct annual compliance audits of each employer with more than #ajj employees who work in the ,united ,states if more than #ae percent of such employees are ,h-#a;,b nonimmigrants2 and 7cc7 make available to the public an executive summary or report describing the general findings of the audits carried out pursuant to this subclause4 4 #edb4 ,investigation1 working conditions1 and penalties ,subparagraph 7,c7 of section #bab7n77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7n77#b77 is amended-- 7#a7 in clause 7i7-- 7,a7 in the matter preceding subclause 7,i7-- 7i7 by striking a condition of paragraph 7#a77;,b71 7#a77;,e71 or 7#a77;,f7 and inserting a condition under subparagraph 7,a71 7,b71 7,c77i71 7,e71 7,f71 7,g77i77,i71 7,h71 7,i71 or 7,j7 of paragraph 7#a72 and 7ii7 by striking 7#a77;,c7 and inserting 7#a77;,c77ii72 7,b7 in subclause 7,i7-- 7i7 by striking #a1jjj and inserting #b1jjj2 and 7ii7 by striking and at the end2 7,c7 in subclause 7,,ii71 by striking the period at the end and inserting a semicolon and and2 and 7,d7 by adding at the end the following3 7,,iii7 an employer that violates such subparagraph 7,a7 shall be liable to the employees harmed by such violations for lost wages and benefits4 2 7#b7 in clause 7ii7-- 7,a7 in subclause 7,i7-- 7i7 by striking may and inserting shall2 and 7ii7 by striking #e1jjj and inserting #aj1jjj2 7,b7 in subclause 7,,ii71 by striking the period at the end and inserting a semicolon and and2 and 7,c7 by adding at the end the following3 7,,iii7 an employer that violates such subparagraph 7,a7 shall be liable to the employees harmed by such violations for lost wages and benefits4 2 7#c7 in clause 7iii7-- 7,a7 in the matter preceding subclause 7,i71 by striking #ij days both places it appears and inserting #ahj days2 7,b7 in subclause 7,i7-- 7i7 by striking may and inserting shall2 and 7ii7 by striking and at the end2 7,c7 in subclause 7,,ii71 by striking the period at the end and inserting a semicolon and and2 and 7,d7 by adding at the end the following3 7,,iii7 an employer that violates subparagraph 7,a7 of such paragraph shall be liable to the employees harmed by such violations for lost wages and benefits4 2 7#d7 in clause 7iv7-- 7,a7 by inserting to take1 fail to take1 or threaten to take or fail to take1 a personnel action1 or before to intimidate2 7,b7 by inserting 7,i7 after 7iv72 and 7,c7 by adding at the end the following3 7,,ii7 ,an employer that violates this clause shall be liable to the employees harmed by such violation for lost wages and benefits4 2 and 7#e7 in clause 7vi7-- 7,a7 by amending subclause 7,i7 to read as follows3 7,i7 ,it is a violation of this clause for an employer who has filed an application under this subsection-- 7aa7 to require an ,h-#a;,b nonimmigrant to pay a penalty for ceasing employment with the employer prior to a date agreed to by the nonimmigrant and the employer 7the ,secretary shall determine whether a required payment is a penalty1 and not liquidated damages1 pursuant to relevant ,state law72 and 7bb7 to fail to offer to an ,h-#a;,b nonimmigrant1 during the nonimmigrant's period of authorized employment1 on the same basis1 and in accordance with the same criteria1 as the employer offers to ,united ,states workers1 benefits and eligibility for benefits1 including-- 7,,aa7 the opportunity to participate in health1 life1 disability1 and other insurance plans2 7,,bb7 the opportunity to participate in retirement and savings plans2 and 7,,cc7 cash bonuses and noncash compensation1 such as stock options 7whether or not based on performance74 2 and 7,b7 in subclause 7,,iii71 by striking #a1jjj and inserting #b1jjj4 #edc4 ,waiver requirements 7a7 ,in general ,subparagraph 7,e7 of section #bab7n77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7n77#b77 is amended to read as follows3 7,e7 7i7 ,the ,secretary of ,labor may waive the prohibition in paragraph 7#a77;,f7 if the ,secretary determines that the employer seeking the waiver has established that-- 7,i7 the employer with whom the ,h-#a;,b nonimmigrant would be placed has not displaced1 and does not intend to displace1 a ,united ,states worker employed by the employer within the period beginning #ahj days before and ending #ahj days after the date of the placement of the nonimmigrant with the employer2 7,,ii7 the ,h-#a;,b nonimmigrant will not be controlled and supervised principally by the employer with whom the ,h-#a;,b nonimmigrant would be placed2 and 7,,iii7 the placement of the ,h-#a;,b nonimmigrant is not essentially an arrangement to provide labor for hire for the employer with whom the ,h-#a;,b nonimmigrant will be placed4 7ii7 ,the ,secretary shall grant or deny a waiver under this subparagraph not later than #g days after the ,secretary receives the application for such waiver4 4 7b7 ,requirement for rules 7#a7 ,rules for waivers ,the ,secretary of ,labor shall promulgate rules1 after notice and a period for comment1 for an employer to apply for a waiver under subparagraph 7,e7 of section #bab7n77#b7 of such ,act1 as amended by subsection 7a74 7#b7 ,requirement for publication ,the ,secretary of ,labor shall submit to ,congress and publish in the ,federal ,register and other appropriate media a notice of the date that rules required by paragraph 7#a7 are published4 #edd4 ,initiation of investigations ,subparagraph 7,g7 of section #bab7n77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7n77#b77 is amended-- 7#a7 in clause 7i71 by striking if the ,secretary and all that follows and inserting with regard to the employer's compliance with the requirements of this subsection42 7#b7 in clause 7ii71 by striking and whose identity and all that follows through failure or failures4 and inserting the ,secretary of ,labor may conduct an investigation into the employer's compliance with the requirements of this subsection42 7#c7 in clause 7iii71 by striking the last sentence2 7#d7 by striking clauses 7iv7 and 7v72 7#e7 by redesignating clauses 7vi71 7vii71 and 7viii7 as clauses 7iv71 7v71 and 7vi71 respectively2 7#f7 in clause 7iv71 as so redesignated1 by striking meet a condition described in clause 7ii71 unless the ,secretary of ,labor receives the information not later than #ab months and inserting comply with the requirements under this subsection1 unless the ,secretary of ,labor receives the information not later than #bd months2 7#g7 by amending clause 7v71 as so redesignated1 to read as follows3 7v7 ,the ,secretary of ,labor shall provide notice to an employer of the intent to conduct an investigation4 ,the notice shall be provided in such a manner1 and shall contain sufficient detail1 to permit the employer to respond to the allegations before an investigation is commenced4 ,the ,secretary is not required to comply with this clause if the ,secretary determines that such compliance would interfere with an effort by the ,secretary to investigate or secure compliance by the employer with the requirements of this subsection4 ,a determination by the ,secretary under this clause shall not be subject to judicial review4 2 7#h7 in clause 7vi71 as so redesignated1 by striking ,an investigation and all that follows through the determination4 and inserting ,if the ,secretary of ,labor1 after an investigation under clause 7i7 or 7ii71 determines that a reasonable basis exists to make a finding that the employer has failed to comply with the requirements under this subsection1 the ,secretary shall provide interested parties with notice of such determination and an opportunity for a hearing in accordance with section #eef of title #e1 ,united ,states ,code1 not later than #abj days after the date of such determination42 and 7#i7 by adding at the end the following3 7vii7 ,if the ,secretary of ,labor1 after a hearing1 finds a reasonable basis to believe that the employer has violated the requirements under this subsection1 the ,secretary shall impose a penalty under subparagraph 7,c74 4 #ede4 ,information sharing ,subparagraph 7,h7 of section #bab7n77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7n77#b77 is amended to read as follows3 7,h7 ,the ,director of ,united ,states ,citizenship and ,immigration ,services shall provide the ,secretary of ,labor with any information contained in the materials submitted by employers of ,h-#a;,b nonimmigrants as part of the adjudication process that indicates that the employer is not complying with visa program requirements for ,h-#a;,b nonimmigrants4 ,the ,secretary may initiate and conduct an investigation and hearing under this paragraph after receiving information of noncompliance under this subparagraph4 4 #edf4 ,conforming amendment ,subparagraph 7,f7 of section #bab7n77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7 is amended by striking ,the preceding sentence shall apply to an employer regardless of whether or not the employer is an ,h-#a;,b-dependent employer44 ,c ,other ,h-#a;,b provisions #eea4 ,posting available ,h-#a;,b positions through the ,department of ,labor 7a7 ,department of labor website ,paragraph 7#c7 of section #bab7n7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7n77 is amended to read as follows3 7#c7 7,a7 ,not later than #ij days after the date of the enactment of the ,h-#a;,b and ,l-#a ,visa ,reform ,act of #bjji1 the ,secretary of ,labor shall establish a searchable ,internet website for posting positions as required by paragraph 7#a77;,c74 ,such website shall be available to the public without charge4 7,b7 ,the ,secretary may work with private companies or nonprofit organizations to develop and operate the ,internet website described in subparagraph 7,a74 7,c7 ,the ,secretary may promulgate rules1 after notice and a period for comment1 to carry out the requirements of this paragraph4 4 7b7 ,requirement for publication ,the ,secretary of ,labor shall submit to ,congress and publish in the ,federal ,register and other appropriate media a notice of the date that the ,internet website required by paragraph 7#c7 of section #bab7n7 of such ,act1 as amended by subsection 7a71 will be operational4 7c7 ,application ,the amendments made by subsection 7a7 shall apply to an application filed on or after the date that is #cj days after the date described in subsection 7b74 #eeb4 ,h-#a;,b government authority and requirements 7a7 ,immigration documents ,section #bjd of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7 is amended by adding at the end the following3 7l7 ,employer ,to provide immigration paperwork exchanged with federal agencies ,not later than #ba business days after receiving a written request from a former1 current1 or future employee or beneficiary1 an employer shall provide such employee or beneficiary with the original 7or a certified copy of the original7 of all petitions1 notices1 and other written communication exchanged between the employer and the ,department of ,labor1 the ,department of ,homeland ,security1 or any other ,federal agency or department that is related to an immigrant or nonimmigrant petition filed by the employer for such employee or beneficiary4 4 7b7 ,report on job classification and wage determinations ,not later than #a year after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall prepare a report analyzing the accuracy and effectiveness of the ,secretary of ,labor's current job classification and wage determination system4 ,the report shall-- 7#a7 specifically address whether the systems in place accurately reflect the complexity of current job types as well as geographic wage differences2 and 7#b7 make recommendations concerning necessary updates and modifications4 #eec4 ,additional ,department of ,labor employees 7a7 ,in general ,the ,secretary of ,labor is authorized to hire #bjj additional employees to administer1 oversee1 investigate1 and enforce programs involving nonimmigrant employees described in section #aja7;a77#ae77;,h77i77,b74 7b7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this section4 #b ,l-#a nonimmigrants #efa4 ,prohibition on outplacement of ,l-#a nonimmigrants 7a7 ,in general ,subparagraph 7,f7 of section #bad7;c77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#b77 is amended to read as follows3 7,f7 7i7 ,unless an employer receives a waiver under clause 7ii71 an employer may not employ an alien1 for a cumulative period of more than #a year1 who-- 7,i7 will serve in a capacity involving specialized knowledge with respect to an employer for purposes of section #aja7;a77#ae77,l72 and 7,,ii7 will be stationed primarily at the worksite of an employer other than the petitioning employer or its affiliate1 subsidiary1 or parent1 including pursuant to an outsourcing1 leasing1 or other contracting agreement4 7ii7 ,the ,secretary of ,homeland ,security may grant a waiver of the requirements of clause 7i7 for an employer if the ,secretary determines that the employer has established that-- 7,i7 the employer with whom the alien referred to in clause 7i7 would be placed has not displaced and does not intend to displace a ,united ,states worker employed by the employer within the period beginning #ahj days after the date of the placement of such alien with the employer2 7,,ii7 such alien will not be controlled and supervised principally by the employer with whom the nonimmigrant would be placed2 and 7,,iii7 the placement of the nonimmigrant is not essentially an arrangement to provide labor for hire for an unaffiliated employer with whom the nonimmigrant will be placed1 rather than a placement in connection with the provision or a product or service for which specialized knowledge specific to the petitioning employer is necessary4 7iii7 ,the ,secretary shall grant or deny a waiver under clause 7ii7 not later than #g days after the date that the ,secretary receives the application for the waiver4 4 7b7 ,regulations ,the ,secretary of ,homeland ,security shall promulgate rules1 after notice and a period for comment1 for an employer to apply for a waiver under subparagraph 7,f77ii7 of section #bad7;c77#b71 as added by subsection 7a74 #efb4 ,l-#a employer petition requirements for employment at new offices ,section #bad7;c77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#b77 is amended by adding at the end the following3 7,g7 7i7 ,if the beneficiary of a petition under this paragraph is coming to the ,united ,states to open1 or be employed in1 a new office1 the petition may be approved for up to #ab months only if-- 7,i7 the alien has not been the beneficiary of #b or more petitions under this subparagraph during the immediately preceding #b years2 and 7,,ii7 the employer operating the new office has-- 7aa7 an adequate business plan2 7bb7 sufficient physical premises to carry out the proposed business activities2 and 7cc7 the financial ability to commence doing business immediately upon the approval of the petition4 7ii7 ,an extension of the approval period under clause 7i7 may not be granted until the importing employer submits an application to the ,secretary of ,homeland ,security that contains-- 7,i7 evidence that the importing employer meets the requirements of this subsection2 7,,ii7 evidence that the beneficiary of the petition is eligible for nonimmigrant status under section #aja7;a77#ae77,l72 7,,iii7 a statement summarizing the original petition2 7,,iv7 evidence that the importing employer has fully complied with the business plan submitted under clause 7i77,i72 7,v7 evidence of the truthfulness of any representations made in connection with the filing of the original petition2 7,,vi7 evidence that the importing employer1 for the entire period beginning on the date on which the petition was approved under clause 7i71 has been doing business at the new office through regular1 systematic1 and continuous provision of goods and services2 7,,vii7 a statement of the duties the beneficiary has performed at the new office during the approval period under clause 7i7 and the duties the beneficiary will perform at the new office during the extension period granted under this clause2 7,,viii7 a statement describing the staffing at the new office1 including the number of employees and the types of positions held by such employees2 7,,ix7 evidence of wages paid to employees2 7,x7 evidence of the financial status of the new office2 and 7,,xi7 any other evidence or data prescribed by the ,secretary4 7iii7 ,a new office employing the beneficiary of an ,l-#a petition approved under this paragraph shall do business only through regular1 systematic1 and continuous provision of goods and services for the entire period for which the petition is sought4 7iv7 ,notwithstanding clause 7ii71 and subject to the maximum period of authorized admission set forth in subparagraph 7,d71 the ,secretary of ,homeland ,security1 in the ,secretary's discretion1 may approve a subsequently filed petition on behalf of the beneficiary to continue employment at the office described in this subparagraph for a period beyond the initially granted #ab-month period if the importing employer has been doing business at the new office through regular1 systematic1 and continuous provision of goods and services for the #f months immediately preceding the date of extension petition filing and demonstrates that the failure to satisfy any of the requirements described in those subclauses was directly caused by extraordinary circumstances1 as determined by the ,secretary in the ,secretary's discretion4 4 #efc4 ,cooperation with ,secretary of ,state ,section #bad7;c77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#b771 as amended by section #bjb1 is further amended by adding at the end the following3 7,h7 ,for purposes of approving petitions under this paragraph1 the ,secretary of ,homeland ,security shall work cooperatively with the ,secretary of ,state to verify the existence or continued existence of a company or office in the ,united ,states or in a foreign country4 4 #efd4 ,investigation and disposition of complaints against ,l-#a employers ,section #bad7;c77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#b771 as amended by sections #bjb and #bjc1 is further amended by adding at the end the following3 7,i7 7i7 ,the ,secretary of ,homeland ,security may initiate an investigation of any employer that employs nonimmigrants described in section #aja7;a77#ae77,l7 with regard to the employer's compliance with the requirements of this subsection4 7ii7 ,if the ,secretary receives specific credible information from a source who is likely to have knowledge of an employer's practices1 employment conditions1 or compliance with the requirements under this subsection1 the ,secretary may conduct an investigation into the employer's compliance with the requirements of this subsection4 ,the ,secretary may withhold the identity of the source from the employer1 and the source's identity shall not be subject to disclosure under section #eeb of title #e1 ,united ,states ,code4 7iii7 ,the ,secretary shall establish a procedure for any person desiring to provide to the ,secretary information described in clause 7ii7 that may be used1 in whole or in part1 as the basis for the commencement of an investigation described in such clause1 to provide the information in writing on a form developed and provided by the ,secretary and completed by or on behalf of the person4 7iv7 ,no investigation described in clause 7ii7 7or hearing described in clause 7vi7 based on such investigation7 may be conducted with respect to information about a failure to comply with the requirements under this subsection1 unless the ,secretary receives the information not later than #bd months after the date of the alleged failure4 7v7 ,before commencing an investigation of an employer under clause 7i7 or 7ii71 the ,secretary shall provide notice to the employer of the intent to conduct such investigation4 ,the notice shall be provided in such a manner1 and shall contain sufficient detail1 to permit the employer to respond to the allegations before an investigation is commenced4 ,the ,secretary is not required to comply with this clause if the ,secretary determines that to do so would interfere with an effort by the ,secretary to investigate or secure compliance by the employer with the requirements of this subsection4 ,there shall be no judicial review of a determination by the ,secretary under this clause4 7vi7 ,if the ,secretary1 after an investigation under clause 7i7 or 7ii71 determines that a reasonable basis exists to make a finding that the employer has failed to comply with the requirements under this subsection1 the ,secretary shall provide the interested parties with notice of such determination and an opportunity for a hearing in accordance with section #eef of title #e1 ,united ,states ,code1 not later than #abj days after the date of such determination4 ,if such a hearing is requested1 the ,secretary shall make a finding concerning the matter by not later than #abj days after the date of the hearing4 7vii7 ,if the ,secretary1 after a hearing1 finds a reasonable basis to believe that the employer has violated the requirements under this subsection1 the ,secretary shall impose a penalty under subparagraph 7,l74 7viii7 7,i7 ,the ,secretary may conduct surveys of the degree to which employers comply with the requirements under this section4 7,,ii7 ,the ,secretary shall-- 7aa7 conduct annual compliance audits of not less than #a percent of the employers that employ nonimmigrants described in section #aja7;a77#ae77,l7 during the applicable fiscal year2 7bb7 conduct annual compliance audits of each employer with more than #ajj employees who work in the ,united ,states if more than #ae percent of such employees are nonimmigrants described in #aja7;a77#ae77,l72 and 7cc7 make available to the public an executive summary or report describing the general findings of the audits carried out pursuant to this subclause4 4 #efe4 ,wage rate and working conditions for ,l-#a nonimmigrant 7a7 ,in general ,section #bad7;c77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#b771 as amended by sections #bjb1 #bjc1 and #bjd1 is further amended by adding at the end the following3 7,j7 7i7 ,an employer that employs a nonimmigrant described in section #aja7;a77#ae77,l7 for a cumulative period of time in excess of #a year shall-- 7,i7 offer such nonimmigrant1 during the period of authorized employment1 wages1 based on the best information available at the time the application is filed1 which are not less than the highest of-- 7aa7 the locally determined prevailing wage level for the occupational classification in the area of employment2 7bb7 the median average wage for all workers in the occupational classification in the area of employment2 and 7cc7 the median wage for skill level #b in the occupational classification found in the most recent ,occupational ,employment ,statistics survey2 and 7,,ii7 provide working conditions for such nonimmigrant that will not adversely affect the working conditions of workers similarly employed4 7ii7 ,if an employer1 in such previous period specified by the ,secretary of ,homeland ,security1 employed #a or more such nonimmigrants1 the employer shall provide to the ,secretary of ,homeland ,security the ,internal ,revenue ,service ,form ,w-#b ,wage and ,tax ,statement filed by the employer with respect to such nonimmigrants for such period4 7iii7 ,it is a failure to meet a condition under this subparagraph for an employer who has filed a petition to import #a or more aliens as nonimmigrants described in section #aja7;a77#ae77,l7-- 7,i7 to require such a nonimmigrant to pay a penalty for ceasing employment with the employer before a date mutually agreed to by the nonimmigrant and the employer2 or 7,,ii7 to fail to offer to such a nonimmigrant1 during the nonimmigrant's period of authorized employment1 on the same basis1 and in accordance with the same criteria1 as the employer offers to ,united ,states workers1 benefits and eligibility for benefits1 including-- 7aa7 the opportunity to participate in health1 life1 disability1 and other insurance plans2 7bb7 the opportunity to participate in retirement and savings plans2 and 7cc7 cash bonuses and noncash compensation1 such as stock options 7whether or not based on performance74 7iv7 ,the ,secretary of ,homeland ,security shall determine whether a required payment under clause 7iii77,i7 is a penalty 7and not liquidated damages7 pursuant to relevant ,state law4 4 7b7 ,regulations ,the ,secretary of ,homeland ,security shall promulgate rules1 after notice and a period of comment1 to implement the requirements of subparagraph 7,j7 of section #bad7;c77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#b771 as added by subsection 7a74 ,in promulgating these rules1 the ,secretary shall take into consideration any special circumstances relating to intracompany transfers4 #eff4 ,penalties ,section #bad7;c77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#b771 as amended by sections #bjb1 #bjc1 #bjd1 and #bje1 is further amended by adding at the end the following3 7,k7 7i7 ,if the ,secretary of ,homeland ,security finds1 after notice and an opportunity for a hearing1 a failure by an employer to meet a condition under subparagraph 7,f71 7,g71 7,j71 or 7,l7 or a misrepresentation of material fact in a petition to employ #a or more aliens as nonimmigrants described in section #aja7;a77#ae77,l7-- 7,i7 the ,secretary shall impose such administrative remedies 7including civil monetary penalties in an amount not to exceed #b1jjj per violation7 as the ,secretary determines to be appropriate2 7,,ii7 the ,secretary may not1 during a period of at least #a year1 approve a petition for that employer to employ #a or more aliens as such nonimmigrants2 and 7,,iii7 in the case of a violation of subparagraph 7,j7 or 7,l71 the employer shall be liable to the employees harmed by such violation for lost wages and benefits4 7ii7 ,if the ,secretary finds1 after notice and an opportunity for a hearing1 a willful failure by an employer to meet a condition under subparagraph 7,f71 7,g71 7,j71 or 7,l7 or a willful misrepresentation of material fact in a petition to employ #a or more aliens as nonimmigrants described in section #aja7;a77#ae77,l7-- 7,i7 the ,secretary shall impose such administrative remedies 7including civil monetary penalties in an amount not to exceed #aj1jjj per violation7 as the ,secretary determines to be appropriate2 7,,ii7 the ,secretary may not1 during a period of at least #b years1 approve a petition filed for that employer to employ #a or more aliens as such nonimmigrants2 and 7,,iii7 in the case of a violation of subparagraph 7,j7 or 7,l71 the employer shall be liable to the employees harmed by such violation for lost wages and benefits4 4 #efg4 ,prohibition on retaliation against ,l-#a nonimmigrants ,section #bad7;c77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#b771 as amended by sections #bjb1 #bjc1 #bjd1 #bje1 and #bjf1 is further amended by adding at the end the following3 7,l7 7i7 ,it is a violation of this subparagraph for an employer who has filed a petition to import #a or more aliens as nonimmigrants described in section #aja7;a77#ae77,l7 to take1 fail to take1 or threaten to take or fail to take1 a personnel action1 or to intimidate1 threaten1 restrain1 coerce1 blacklist1 discharge1 or discriminate in any other manner against an employee because the employee-- 7,i7 has disclosed information that the employee reasonably believes evidences a violation of this subsection1 or any rule or regulation pertaining to this subsection2 or 7,,ii7 cooperates or seeks to cooperate with the requirements of this subsection1 or any rule or regulation pertaining to this subsection4 7ii7 ,in this subparagraph1 the term employee includes-- 7,i7 a current employee2 7,,ii7 a former employee2 and 7,,iii7 an applicant for employment4 4 #efh4 ,technical amendments ,section #bad7;c77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#b77 is amended by striking ,attorney ,general each place it appears and inserting ,secretary of ,homeland ,security4 #efi4 ,reports on ,l-#a nonimmigrants ,section #bad7;c77#h7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#h77 is amended by inserting 7,l71 after 7,h714 #egj4 ,application ,the amendments made by sections #bja through #bjg shall apply to applications filed on or after the date of the enactment of this ,act4 #ega4 ,report on ,l-#a blanket petition process 7a7 ,requirement for report ,not later than #f months after the date of the enactment of this ,act1 the ,inspector ,general of the ,department of ,homeland ,security shall submit to the appropriate committees of ,congress a report regarding the use of blanket petitions under section #bad7;c77#b77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#b77;,a774 ,such report shall assess the efficiency and reliability of the process for reviewing such blanket petitions1 including whether the process includes adequate safeguards against fraud and abuse4 7b7 ,appropriate committees of ,congress ,in this section the term appropriate committees of ,congress means-- 7#a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7#b7 the ,committee on the ,judiciary of the ,senate2 7#c7 the ,committee on ,homeland ,security of the ,house of ,representatives2 and 7#d7 the ,committee on the ,judiciary of the ,house of ,representatives4 #egb4 ,requirements for information for ,h-#a;b and ,l-#a nonimmigrants ,section #bad of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7 is amended by adding at the end the following3 7s7 ,requirements for ,information for ,h-#a;,b and ,l-#a ,nonimmigrants 7#a7 ,in general ,upon issuing a visa to an applicant for nonimmigrant status pursuant to subparagraph 7,h77i77b7 or 7,l7 of section #aja7;a77#ae7 who is outside the ,united ,states1 the issuing office shall provide the applicant with-- 7,a7 a brochure outlining the obligations of the applicant's employer and the rights of the applicant with regard to employment under ,federal law1 including labor and wage protections2 7,b7 the contact information for appropriate ,federal agencies or departments that offer additional information or assistance in clarifying such obligations and rights2 and 7,c7 a copy of the application submitted for the nonimmigrant under section #bab7n7 or the petition submitted for the nonimmigrant under subsection 7c77#b77;,a71 as appropriate4 7#b7 ,upon the issuance of a visa to an applicant referred to in paragraph 7#a7 who is inside the ,united ,states1 the issuing officer of the ,department of ,homeland ,security shall provide the applicant with the material described in clauses 7i71 7ii71 and 7iii7 of subparagraph 7,a74 4 #c ,protection of ,h-#b;,b nonimmigrants #eha4 ,enforcement of ,federal labor laws relating to ,h-#b;,b nonagricultural guest workers 7a7 ,in ,general ,section #bad7;c77#ad7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#ad77 is amended-- 7#a7 in subparagraph 7,a71 by striking of ,homeland ,security each place it appears and inserting of ,labor2 7#b7 by striking subparagraph 7,b72 7#c7 by redesignating subparagraphs 7,c7 and 7,d7 as subparagraphs 7,b7 and 7,c71 respectively2 and 7#d7 by adding at the end the following3 7,d7 ,the ,secretary of ,labor is authorized to take such actions1 including imposing appropriate penalties and seeking appropriate injunctive relief and specific performance of contractual obligations1 as may be necessary to assure employer compliance with the terms and conditions required under this ,act for employing nonimmigrant workers described in section #aja7;a77#ae77;,h77ii77b71 and as required under the ,increasing ,american ,wages and ,benefits ,act of #bjjg4 ,the authority of the ,secretary of ,labor under this subparagraph shall not preempt any other rights which affected persons may have under ,federal or ,state law4 7,e7 ,any aggrieved person whose wages or working conditions have been directly and adversely affected by an employer in violation of applicable laws and regulations governing the employment of nonimmigrant workers described in section #aja7;a77#ae77;,h77ii77b71 or by a violation of the terms and conditions of employment1 may bring a civil action against such employer in the appropriate district court of the ,united ,states4 ,such cause of action shall not be subject to exhaustion of administrative remedies and shall be in addition to any other causes of action and remedies that may exist4 7,f7 ,notwithstanding any other provision of law1 the ,legal ,services ,corporation may provide legal services on behalf of nonimmigrant workers described in section #aja7;a77#ae77;,h77ii77b7 regarding the terms and conditions of employment1 transportation1 and housing and other provisions of law applicable to the employment of such nonimmigrants4 4 7b7 ,report ,section #bad7;g77#aj7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;g77#aj77 is amended-- 7#a7 by inserting 7,a7 after 7#aj72 and 7#b7 by adding at the end the following3 7,b7 ,each employer that hires a nonimmigrant worker described in section #aja7;a77#ae77;,h77ii77b7 shall-- 7i7 notify the ,secretary of ,labor not later than #cj days after the conclusion of each such nonimmigrant's term of employment2 and 7ii7 submit to the ,secretary of ,labor employment payroll records and similar documentation showing that the employer paid the required prevailing wage and transportation1 and other expenses required under this section and section #bab4 4 #ehb4 ,recruitment of ,united ,states workers ,section #bab of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7 is amended-- 7#a7 in subsection 7p77#c71 by striking 7a77#e77;,a71 7n77#a77;,a77i77,,ii71 and inserting 7n77#a77;,a77i77,,ii72 7#b7 by redesignating subsection 7t7 7as added by section #a7;b77#b77;,b7 of ,public ,law #ajh-ddi7 as subsection 7u72 and 7#c7 by adding at the end the following3 7v7 7#a7 ,except as provided under paragraph 7#e71 an employer that seeks to employ an alien described in section #aja7;a77#ae77;,h77ii77b7 7referred to in this subsection as an ,h-#b;,b nonimmigrant7 shall take the following steps to recruit ,united ,states workers for the position for which the alien is sought not later than #ad days before filing an application under paragraph 7#c73 7,a7 ,the employer shall submit a copy of the job offer1 including a description of the wages and other terms and conditions of employment1 to the ,state ,workforce ,agency that serves the area of employment in the ,state in which the employer is located 7referred to in this subsection as the ,,swa74 ,the ,,swa shall provide the employer with an acknowledgment of receipt of such documentation in accordance with this paragraph4 7,b7 ,the employer shall authorize the ,,swa to post the job opportunity on the ,internet through the website for ,america's ,job ,bank1 with local job banks1 and with unemployment agencies and other labor referral and recruitment sources pertinent to such job opportunity4 7,c7 ,the employer shall authorize the ,,swa to provide notification of the job opportunity1 and the ,,swa shall designate that these are job opportunities for which ,h-#b;,b visas have been requested1 to-- 7i7 the central office of the ,state ,federation of ,labor in the ,state in which the job is located2 and 7ii7 the office of the local union which represents the employees in the same or substantially equivalent job classification1 if applicable4 7,d7 ,the employer shall post the availability of the job opportunity for which the employer is seeking a worker in conspicuous locations at the place of employment for all employees to see4 7,e7 ,the employer shall advertise the availability of the job opportunity for which the employer is seeking a worker in a publication with the highest circulation in the labor market that is likely to be patronized by a potential worker for at least #e consecutive days4 7,f7 ,based on recommendations by the local job service1 the employer shall advertise the availability of the job opportunity in professional1 trade1 or local minority and ethnic publications that are likely to be patronized by a potential worker4 7#b7 ,an employer that seeks to employ an ,h-#b;,b nonimmigrant shall-- 7,a7 first offer the job to any eligible ,united ,states worker who-- 7i7 applies2 7ii7 is qualified for the job2 and 7iii7 is available at the time of need2 and 7,b7 maintain1 for at least #c years after the employment relation is terminated1 documentation of recruitment efforts and responses conducted and received before filing an application with the ,department of ,labor1 including-- 7i7 resumes2 7ii7 applications2 and 7iii7 tests of ,united ,states workers who applied and were not hired for the job the employer seeks to fill with a nonimmigrant worker1 if applicable4 7#c7 ,an employer that seeks to hire an ,h-#b;,b nonimmigrant shall submit an application to the ,secretary of ,labor that includes a certification1 under penalty of perjury1 that-- 7,a7 the employer has not made a job offer to a ,united ,states worker1 which imposed restrictions or obligations that will not be imposed on an ,h-#b;,b nonimmigrant2 7,b7 the employer has complied with the recruitment requirements under paragraph 7#a72 7,c7 the employer will offer an ,h-#b;,b nonimmigrant not less than the same benefits and working conditions provided to ,united ,states workers similarly employed in the same occupational classification at the same actual place of employment in addition to paying an ,h-#b;,b nonimmigrant a prevailing wage rate not less than the wage rate offered to ,united ,states workers2 7,d7 there is currently no strike1 lockout1 or labor dispute 7as defined in section #b7i7 of the ,labor-,management ,relations ,act 7#bi ,u4,s4,c4 #aeb7i7771 at the same place of employment1 which affects employees in the same occupational classification in which an ,h-#b;,b nonimmigrant will be employed2 7,e7 the employer will comply with all applicable laws and regulations relating to the right of workers to join or organize a union 7including rights protected under section #g of the ,labor-,management ,relations ,act 7#bi ,u4,s4,c4 #aeg772 7,f7 the employer has-- 7i7 provided notice of the filing of an application to the bargaining representative of employees1 if any1 working in the same occupational classification at the place of employment as an ,h-#b;,b nonimmigrant who the employer intends to employ2 or 7ii7 if there is no such bargaining representative1 posted notice of filing such application in conspicuous locations at the place of employment for all employees to see for not fewer than #ad business days2 and 7,g7 the requirements applicable to the job1 which the employer intends to hire an ,h-#b;,b nonimmigrant to perform1 represent the actual minimum requirements applicable to that job and the employer will not hire an ,h-#b;,b nonimmigrant to perform the job who has less training or experience than the employer's other employees4 7#d7 7,a7 ,an employer that applies to hire an ,h-#b;,b nonimmigrant shall hire any qualified ,united ,states worker who applies for the job for which such nonimmigrant was intended to be employed if such ,united ,states worker applies before the date that is #cj days before the date on which the last such ,h-#b;,b nonimmigrant is scheduled to begin work for such employer4 7,b7 ,the ,secretary of ,labor1 through the workforce agency of a ,state1 as appropriate1 shall provide information about applications for ,h-#b;,b nonimmigrants1 including information about domestic workers who apply for jobs but are not hired1 to a ,united ,states worker1 nonprofit organization1 or union not later than #dh hours after such worker1 organization1 or union requests such information4 4 #ehc4 ,prevailing wages for ,united ,states workers and ,h-#b;,b workers ,section #bab of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb71 as amended by section #ajb1 is further amended by adding at the end the following3 7w7 7#a7 ,no alien may be admitted or provided status as a nonimmigrant under section #aja7;a77#ae77;,h77ii77b7 in an occupational classification unless the ,secretary of ,labor certifies that the employer-- 7,a7 is offering and will offer during the period of authorized employment to aliens admitted or provided such status the wage rate set forth in the collective bargaining agreement1 if the job opportunity is covered by a collective bargaining agreement2 7,b7 if the job opportunity is not covered by a collective bargaining agreement1 the wage the employer is offering and will offer1 to any alien or ,united ,states worker employed by or offered employment by the employer1 during the period of authorized employment for aliens admitted or provided such status1 wages that are not less than the higher of-- 7i7 the wage determination1 if any1 issued pursuant to subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code 7commonly known as the ,davis-,bacon ,act72 7ii7 the wage determination1 if any1 issued pursuant to the ,service ,contract ,act of #aife 7#da ,u4,s4,c4 #cea et seq472 7iii7 the median rate of the highest #ff percent of the wage data applicable to such occupational classification under the most recently published ,occupational ,employment ,statistics ,survey1 compiled by the ,bureau of ,labor ,statistics2 or 7iv7 a wage that is not less than #aej percent of the ,federal minimum wage in effect under the ,fair ,labor ,standards ,act 7#bi ,u4,s4,c4 #bja et seq472 and 7,c7 will provide working conditions for such alien that will not adversely affect the working conditions of workers similarly employed4 7#b7 ,an employer may not appeal a decision of the ,secretary of ,labor concerning the wages required to be paid under paragraph 7#a77;,a7 unless ,united ,states workers and their labor representatives are given the opportunity to submit contrary evidence or appeal that such required wages are too low4 7#c7 ,an employer may not hire a nonimmigrant described in section #aja7;a77#ae77;,h77ii77b7 unless-- 7,a7 real prevailing wages in the occupational classification in which such nonimmigrant is to be hired are at least #c percent higher than such wages during the preceding year under the ,occupational ,employment ,statistics ,survey compiled by the ,bureau of ,labor ,statistics2 or 7,b7 the employer offers to pay the ,h-#b;,b worker or a ,united ,states worker a wage in the occupational classification in which such worker is to be hired that is at least #c percent higher during the preceding year1 after adjusting for inflation under the ,occupational ,employment ,survey4 4 #ehd4 ,certification requirement ,section #bad7;c77#ad7 of the ,immigration and ,nationality ,act1 as amended by section #aja1 is further amended by adding at the end the following3 7,g7 ,a petition by an employer seeking to hire an alien described in section #aja7;a77#ae77;,h77ii77b7 shall not be approved until the employer has provided written certification1 under penalty of perjury1 to the ,secretary of ,labor that-- 7i7 the employer has not been required under law to provide a notice of a mass layoff pursuant to the ,worker ,adjustment and ,retraining ,notification ,act 7#bi ,u4,s4,c4 #baja et seq47 during the #ab-month period immediately preceding the date on which the alien is to be hired2 and 7ii7 the employer does not intend to provide a notice of a mass layoff pursuant to such ,act4 7,h7 ,if an employer is required under law to provide a notice of a mass layoff pursuant to such ,act after hiring nonimmigrants granted status under section #aja7;a77#ae77;,h77ii77b71 the status of such nonimmigrants shall expire on the date that is #fj days after the date on which such notice is provided4 7,i7 ,an employer shall be exempt from the requirements under subparagraphs 7,g7 and 7,h7 if the employer provides written certification1 under penalty of perjury1 that the total number of the employer's employees in the ,united ,states will not be reduced as a result of a mass layoff4 4 #ehe4 ,protections for workers ,section #bad7;c77#ad7 of the ,immigration and ,nationality ,act1 as amended by section #ajd1 is further amended by adding at the end the following3 7,j7 ,employers who hire nonimmigrants described in section #aja7;a77#ae77;,h77ii77b7 shall reimburse the nonimmigrants for the reasonable transportation costs incurred by such nonimmigrants and ,united ,states workers to initially reach the job site and1 once the period of employment for the job opportunity is completed1 to return to their countries of origin or to the next place of employment1 if the worker has contracted with a subsequent employer who has not agreed to provide or pay for the worker's transportation to such subsequent employer's place of employment4 ,the amount of reimbursement for such transportation expenses shall not exceed the lesser of-- 7i7 the actual cost to the worker or alien of the transportation and subsistence involved2 or 7ii7 the most economical and reasonable common carrier transportation charges and subsistence costs for the distance involved4 7,k7 7i7 ,employers who hire nonimmigrants described in section #aja7;a77#ae77;,h77ii77b7 shall guarantee to offer the worker employment for at least #ge percent of the workdays of the total periods during which the work contract and all extensions of such contract are in effect1 beginning with the first workday after the arrival of the worker at the place of employment and ending on the expiration date specified in the work contract or in its extensions1 if any4 7ii7 ,if the employer affords a worker during the total work contract period less employment than that required under this subparagraph1 the employer shall pay the worker the amount which the worker would have earned had the worker worked for the guaranteed number of days4 7iii7 ,in this subparagraph1 the term workday-- 7,i7 means a day in which the worker is offered the number of hours stated in the job order2 and 7,,ii7 excludes the worker's ,sabbath and ,federal holidays4 7iv7 ,a work guarantee does not meet the requirements under this subparagraph unless the number of hours of work offered by the employer is equal to not less than the product of-- 7,i7 #ge percent of the workdays2 multiplied by 7,,ii7 the average number of hours per day stated in the job order4 7v7 ,a worker may be offered more than the specified hours of work on a single workday4 7vi7 ,the employer may not require1 for purposes of meeting the work guarantee1 that the worker work longer than the number of hours specified in the job order on a workday1 the worker's ,sabbath1 or a ,federal holiday4 7,l7 ,if the job opportunity is not covered by the ,state workers' compensation law1 the employer will provide1 at no cost to the worker1 insurance covering injury and disease arising out of1 and in the course of1 the worker's employment which will provide benefits at least equal to those provided under the ,state's workers' compensation law for comparable employment4 4 #ehf4 ,petitions by employers that have signed labor agreements with unions that operate hiring halls ,section #bab7v7 of the ,immigration and ,nationality ,act1 as added by section #ajb1 is amended by adding at the end the following3 7#e7 ,an employer that seeks to hire an ,h-#b;,b nonimmigrant may file an application with the ,secretary of ,labor in accordance with this paragraph1 instead of complying with paragraphs 7#a7 through 7#d71 if-- 7,a7 the employer has signed a labor agreement with a labor organization 7as defined in section #b7e7 of the ,labor-,management ,relations ,act 7#bi ,u4,s4,c4 #aeb7e77 under which the labor organization is responsible for referring applicants for employment to the employer under a procedure commonly known as a hiring hall or referral hall2 and 7,b7 the application is accompanied by a written statement prepared by the labor organization attesting that-- 7i7 the labor organization operates a hiring hall that1 pursuant to contractual agreement and actual practice1 is a source of employees in the same or substantially equivalent occupational classification in which the employer seeks to employ an ,h-#b;,b nonimmigrant2 7ii7 the labor organization does not have a sufficient number of qualified applicants available for referral in the same or substantially equivalent occupational classification in which the employer seeks to employ an ,h-#b;,b nonimmigrant2 7iii7 the labor organization has advertised1 for at least #e consecutive days1 the availability of the job opportunity for which the employer is seeking to employ an ,h-#b;,b nonimmigrant in the publication with the highest circulation in the labor market that is likely to be patronized by potential applicants2 7iv7 the employer is contractually obligated to pay all employees1 in the same or substantially equivalent occupational classification in which the employer seeks to employ an ,h-#b;,b nonimmigrant1 wages and benefits set forth in a labor agreement with the labor organization1 which equals or exceeds the prevailing wage rate the employer would be obligated to pay2 and 7v7 the ,h-#b;,b nonimmigrants who the employer seeks to employ will be paid not less than the same wages and benefits and be subject to the same terms and conditions of employment set forth in the employer's labor agreement with the labor organization4 4 #ehg4 ,h-#b;,b nonimmigrant labor certification application fees 7a7 ,establishment of ,fees ,section #bab7;a77#e77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#e77;,a77 is amended by adding the following3 7v7 ,establishment of h-#b;b employment certification application fee 7,i7 ,in general ,the ,secretary of ,labor shall impose a fee on an employer that submits an application for an employment certification for aliens granted nonimmigrant status under section #aja7;a77#ae77;,h77ii77b7 to the ,secretary of ,labor under this subparagraph on or after the date that is #cj days after the date of enactment of the ,increasing ,american ,wages and ,benefits ,act of #bjjg4 7,,ii7 ,fee during initial year ,during the period beginning #cj days after the date of enactment of the ,increasing ,american ,wages and ,benefits ,act of #bjjg and ending #a year after such date1 the fee imposed under subclause 7,i7 shall be #hjj for each application4 7,,iii7 ,fee after initial year ,after the date that is one year after the date of enactment of the ,increasing ,american ,wages and ,benefits ,act of #bjjg1 the fee imposed under subclause 7,i7 shall be set at a level the ,secretary of ,labor determines will ensure recovery of the full costs of carrying out labor certification activities under this subparagraph and will recover any additional costs associated with the administration of the fees collected4 7,,iv7 ,prohibition on employer accepting reimbursement of fee 7aa7 ,in general ,an employer subject to a fee under this clause shall not require or accept reimbursement1 directly or indirectly1 of or other compensation for all or part of the cost of such fee4 7bb7 ,civil penalty ,if the ,secretary of ,labor determines1 after notice and opportunity for a hearing1 that a violation of item 7aa7 has occurred1 the ,secretary of ,labor may impose a civil penalty in an amount not to exceed #e1jjj per violation4 7,v7 ,deposit of fees and penalties ,fees and civil penalties collected under this clause shall be deposited in the ,h-#b;,b ,employment ,certification ,application ,fee ,account established under section #bhf7x74 4 7b7 ,establishment of ,account and ,use of ,fund ,section #bhf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7 is amended by adding at the end the following3 7x7 ,h-#b;,b ,employment ,certification ,application ,fee ,account 7#a7 ,establishment of account ,there is established in the general fund of the ,treasury a separate account1 which shall be known as the ,h-#b;,b ,employment ,certification ,application ,fee ,account4 ,notwithstanding any other provision of this title1 there shall be deposited as offsetting receipts into the account all amounts from the fees and civil penalties collected under section #bab7;a77#e77;,a77v74 7#b7 ,use of fees ,of the amounts deposited into the ,h-#b;,b ,employment ,certification ,application ,fee ,account under this subsection in each fiscal year1 the ,secretary of ,labor shall use such amounts as the ,secretary of ,labor determines are necessary for the costs of ,federal administration1 including personnel1 in carrying out labor certification activities under section #bab7;a77#e77;,a71 and to assist the ,states1 as appropriate1 in the determination of prevailing wages for purposes of carrying out such section4 7#c7 ,availability of funds ,the fees deposited into the ,h-#b;,b ,employment ,certification ,application ,fee ,account under this subsection shall remain available until expended for the activities described in paragraph 7#b74 4 7c7 ,program ,integrity ,section #bab7;a77#e77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#e77;,a771 as amended by subsection 7a71 is further amended by adding at the end the following3 7vi7 ,program integrity regulations ,the ,secretary of ,labor may prescribe such regulations as may be necessary to ensure the integrity of the labor certification process carried out under this subparagraph4 ,such regulations may include standards and procedures under which employers and their representatives are excluded from participation in the labor certification process under this subparagraph4 4 #d ,adjustments to the ,,eb-#e visa program #eia4 ,permanent reauthorization of ,,eb-#e regional center program2 application fee 7a7 ,in general ,section #faj of the ,departments of ,commerce1 ,justice1 and ,state1 the ,judiciary1 and ,related ,agencies ,appropriations ,act1 #aiic 7#h ,u4,s4,c4 #aaec note7 is amended-- 7#a7 by striking pilot each place it appears2 7#b7 in subsection 7b71 by striking for #ae years2 and 7#c7 by adding at the end the following3 7e7 ,in addition to any other fees authorized by law1 the ,secretary of ,homeland ,security shall impose a fee of #b1ejj to apply for designation as a regional center under this section4 ,fees collected under this subsection shall be deposited in the ,treasury in accordance with section #bhf7y7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7y774 4 7b7 ,establishment of account2 use of fees ,section #bhf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7 is amended by adding at the end the following3 7y7 ,immigrant entrepreneur regional center account 7#a7 ,in general ,there is established in the general fund of the ,treasury a separate account1 which shall be known as the ,immigrant ,entrepreneur ,regional ,center ,account4 ,notwithstanding any other provision of law1 there shall be deposited as offsetting receipts into the account all fees collected under section #faj7;b7 of the ,departments of ,commerce1 ,justice1 and ,state1 the ,judiciary1 and ,related ,agencies ,appropriations ,act1 #aiic 7#h ,u4,s4,c4 #aaec note7 and any fees collected in connection with forms ,i-#ebf or ,i-#hbi4 7#b7 ,use of fees ,fees collected under this section may only be used by the ,secretary of ,homeland ,security to administer and operate the employment creation program described in section #bjc7;b77#e74 4 7c7 ,rulemaking ,not later than #abj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall prescribe regulations to implement the amendments made by this section4 7d7 ,effective date ,the amendments made by subsections 7a77#c7 and 7b7 shall take effect on the effective date of the regulations prescribed pursuant to subsection 7c74 ,the remaining amendments made by this section shall take effect on the date of the enactment of this ,act4 #eib4 ,premium processing fee for ,,eb-#e immigrant investors ,section #bhf7u7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7u77 is amended by adding at the end the following3 ,in the case of a petition filed under section #bjd7;a77#a77;,h7 for classification under section #bjc7;b77#e71 if the petitioner desires a guarantee of a decision on the petition in #fj days or less1 the premium fee under this subsection shall be set at #b1ejj and shall be deposited as offsetting receipts in the ,immigrant ,entrepreneur ,regional ,center ,account established under subsection 7y744 #eic4 ,concurrent filing of ,,eb-#e petitions and applications for adjustment of status ,section #bde of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee7 is amended by adding at the end the following3 7n7 ,if1 at the time a petition is filed for classification through a regional center under section #bjc7;b77#e71 approval of the petition would make a visa immediately available to the alien beneficiary1 the alien beneficiary's adjustment application under this section shall be considered to be properly filed whether the application is submitted concurrently with1 or subsequent to1 the visa petition4 4 #eid4 ,improved set-aside for targeted employment areas ,section #bjc7;b77#e77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77#e77;,b77 is amended as follows3 7#a7 ,targeted employment area defined ,clause 7ii7 is amended to read as follows3 7ii7 ,targeted employment area defined ,in this paragraph1 the term targeted employment area means1 at the time a petition for classification under this paragraph is filed1 any of the following3 7,i7 ,a rural area4 7,,ii7 ,an area that has experienced high unemployment 7of at least #aej percent of the national average rate74 7,,iii7 ,a county that has had a #bj percent or more decrease in population since #aigj4 7,,iv7 ,an area that is within the boundaries established for purposes of a ,state or ,federal economic development incentive program1 including areas defined as ,enterprise ,zones1 ,renewal ,communities and ,empowerment ,zones4 7,v7 ,an area designated by a ,state agency to which the ,governor has delegated the authority to designate targeted employment areas within the ,state4 4 7#b7 ,rural area defined ,clause 7iii7 is amended by striking other than an area within a metropolitan statistical area or4 7#c7 ,effect of prior determination ,such section is amended by adding at the end the following3 7iv7 ,effect of prior determination ,in a case in which a geographic area is determined under clause 7ii7 to be a targeted employment area1 such determination shall remain in effect during the #b-year period beginning on the date of the determination for purposes of any alien seeking a visa reserved under this subparagraph4 4 #eie4 ,set-aside of visas for regional center program ,section #faj7;b7 of the ,departments of ,commerce1 ,justice1 and ,state1 the ,judiciary1 and ,related ,agencies ,appropriations ,act1 #aiic 7#h ,u4,s4,c4 #aaec note7 is amended by striking #c1jjj and inserting #aj1jjj4 #eif4 ,extension ,subparagraph 7,a7 of section #baf;,a7d77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahf;b7d77#b77;,a77 is amended by adding at the end the following3 ,a date specified by the applicant 7but not later than the fourth anniversary7 shall be substituted for the second anniversary in applying the preceding sentence if the applicant demonstrates that the applicant has attempted to follow his business model in good faith1 provides an explanation for the delay in filing the petition that is based on circumstances outside of the applicant's control1 and demonstrates that such circumstances will be able to be resolved within the specified period44 #eig4 ,study 7a7 ,in general ,the ,secretary of the ,department of ,homeland ,security1 in appropriate consultation with the ,secretary of ,commerce and other interested parties1 shall conduct a study concerning the following3 7#a7 ,current job creation counting methodology and initial projections under section #bjc7;b77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77#e774 7#b7 ,how best to promote the employment creation program described in such section overseas to potential immigrant investors4 7b7 ,report ,the ,secretary of ,homeland ,security shall submit a report to the ,congress not later than #a year after the date of the enactment of this ,act containing the results of the study conducted under subsection 7a74 #eih4 ,full-time equivalents 7a7 ,in general ,section #bjc7;b77#e77;,a77ii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77#e77;,a77ii77 is amended by inserting 7or full-time equivalent7 after full-time4 7b7 ,definition ,section #bjc7;b77#e77;,d7 of such ,act 7#h ,u4,s4,c4 #aaec7;b77#e77;,d77 is amended to read as follows3 7,d7 ,employment-related definitions 7i7 ,full-time employment defined ,in this paragraph1 the term full-time employment means employment in a position that requires at least #ce hours of service per week at any time1 regardless of who fills the position4 7ii7 ,full-time equivalent employment defined ,in this paragraph1 the term full-time equivalent employment means employment representing the number of full-time employees that could have been employed if the reported number of hours worked by part-time employees had been worked by full-time employees4 ,this shall be calculated by dividing the part-time hours paid by the standard number of hours for full-time employees4 4 #eii4 ,eligibility for adjustment of status ,section #bde7k7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee7k77 is amended1 in the matter preceding paragraph 7#a71 by striking 7#a71 7#b71 or 7#c7 and inserting 7#a71 7#b71 7#c71 or 7#e74 #eii;,a4 ,expansion of ,,eb-#e eligibility to include qualified immigrants who complete investment agreements 7a7 ,changes to investment criteria ,section #bjc7;b77#e77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77#e77;,a77 is amended-- 7#a7 in the matter preceding clause 7i71 by striking partnership7-- and inserting partnership7 as follows32 7#b7 in clause 7i7-- 7,a7 by striking 7i7 in which and inserting the following3 7i7 ,a new commercial enterprise-- 7,i7 in which 2 7,b7 by striking 1 and at the end and inserting a semicolon2 and 7,c7 by adding at the end the following3 7,,ii7 with respect to which such alien has completed an investment agreement with a qualified venture capital operating company for an investment in the enterprise of an amount not less than the amount specified in subparagraph 7,c72 or 7,,iii7 with respect to which such alien has completed an investment agreement with #a or more angel investors for an investment in the enterprise of an amount not less than the amount specified in subparagraph 7,c74 2 and 7#c7 in clause 7ii7-- 7,a7 by striking 7ii7 which will and inserting the following3 7ii7 ,in the case of an enterprise-- 7,i7 described in clause 7i77,i71 which will 2 7,b7 by striking the period at the end and inserting 2 or2 and 7,c7 by adding at the end the following3 7,,ii7 described in subparagraph 7,,ii7 or 7,,iii7 of clause 7i71 which will benefit the ,united ,states economy and create full-time employment for not fewer than #e ,united ,states citizens or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the ,united ,states 7other than the immigrant and the immigrant's spouse1 sons1 or daughters74 4 7b7 ,changes to capital requirements ,section #bjc7;b77#e77;,c77i7 of such ,act 7#h ,u4,s4,c4 #aaec7;b77#e77;,c77i77 is amended by inserting after #a1jjj1jjj the following3 in the case of an enterprise described in subparagraph 7,a77i77,i71 #ejj1jjj in the case of an enterprise described in subparagraph 7,a77i77,,ii71 and #ejj1jjj in the case of an enterprise described in subparagraph 7,a77i77,,iii74 7c7 ,definitions ,section #bjc7;b77#e7 of such ,act 7#h ,u4,s4,c4 #aaec7;b77#e77 is amended by adding at the end the following3 7,e7 ,qualified venture capital operating company defined ,in this paragraph1 the term qualified venture capital operating company means an entity that-- 7i7 is registered under the ,investment ,company ,act of #aidj 7#ae ,u4,s4,c4 #hj;a-#a et seq472 or 7ii7 is an investment company1 as defined in subsection 7a77#a7 of section #c of such ,act 7#ae ,u4,s4,c4 #hj;a-#c71 that is exempt from registration under subsection 7c77#a7 or 7c77#g7 of such section1 is not registered1 and-- 7,i7 is organized or incorporated1 and domiciled1 in the ,united ,states1 and the majority ownership of which is composed of ,united ,states citizens or aliens lawfully admitted to the ,united ,states for permanent residence2 or 7,,ii7 is owned or controlled by an entity that is organized or incorporated1 and domiciled1 in the ,united ,states1 and the majority ownership of that entity is composed of ,united ,states citizens or aliens lawfully admitted to the ,united ,states for permanent residence4 7,f7 ,angel investor defined ,in this paragraph1 the term angel investor means-- 7i7 any individual who is a ,united ,states citizen or an alien lawfully admitted to the ,united ,states for permanent residence1 or any entity wholly owned and controlled by ,united ,states citizens or aliens lawfully admitted to the ,united ,states for permanent residence2 or 7ii7 any entity that has made at least #e angel investments totaling at least #ejj1jjj during the #c years preceding the completion of an investment agreement described in subparagraph 7,a77i77,,iii74 7,g7 ,angel investment ,in this paragraph1 the term angel investment means an investment made in a commercial enterprise that1 prior to such investment1 was not owned or controlled by-- 7i7 the investor2 7ii7 any member of the immediate family of the investor2 or 7iii7 any entity owned or controlled by any member of the immediate family of the investor4 4 7d7 ,conforming amendments to conditional permanent status provisions 7#a7 ,termination of status if finding that qualifying entrepreneurship improper ,section #baf;,a7b77#a77;,b7 of such ,act 7#h ,u4,s4,c4 #aahf;b7b77#a77;,b77 is amended to read as follows3 7,b7 7i7 the alien-- 7,i7 did not invest1 or was not actively in the process of investing1 the requisite capital described in section #bjc7;b77#e77;,a77i77,i71 or was not sustaining such actions throughout the period of the alien's residence in the ,united ,states2 or 7,,ii7 did not complete an investment agreement described in subclause 7,,ii7 or 7,,iii7 of section #bjc7;b77#e77;,a77i71 or such agreement was not carried out or was not actively in the process of being carried out2 or 7ii7 the commercial enterprise did not-- 7,i7 create the minimum number of jobs required to be created under section #bjc7;b77#e77;,a77ii72 or 7,,ii7 generate a profit and at least #a1jjj1jjj in revenue2 or 4 7#b7 ,contents of petition ,section #baf;,a7d77#a7 of such ,act 7#h ,u4,s4,c4 #aahf;b7d77#a77 is amended-- 7,a7 in the matter preceding subparagraph 7,a71 by striking that the alien-- and inserting that--2 7,b7 by amending subparagraph 7,a7 to read as follows3 7,a7 7i7 the alien-- 7,i7 invested1 or was actively in the process of investing1 the requisite capital described in section #bjc7;b77#e77;,a77i77,i71 and sustained such actions throughout the period of the alien's residence in the ,united ,states2 or 7,,ii7 completed an investment agreement described in subclause 7,,ii7 or 7,,iii7 of section #bjc7;b77#e77;,a77i71 and such agreement was carried out or was actively in the process of being carried out2 and 7ii7 the commercial enterprise-- 7,i7 created the minimum number of jobs required to be created under section #bjc7;b77#e77;,a77ii72 or 7,,ii7 generated a profit and at least #a1jjj1jjj in revenue2 and 2 and 7,c7 in subparagraph 7,b71 by inserting the alien before is otherwise4 #e ,effective date #eii;,b4 ,application ,except as specifically otherwise provided1 the amendments made by this title shall apply to applications filed on or after the date of the enactment of this ,act4 ,,vi ,integration of ,new ,americans ,a ,citizenship ,promotion #fja4 ,immigration service fees 7a7 ,in ,general ,subsection 7m7 of section #bhf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7m77 is amended to read as follows3 7m7 ,immigration ,service ,fees 7#a7 ,in general ,except as provided in paragraph 7#b7 and notwithstanding any other provision of law1 all adjudication fees as are designated by the ,secretary of ,homeland ,security in regulations shall be deposited as offsetting receipts into a separate account entitled ,immigration ,examinations ,fee ,account in the ,treasury of the ,united ,states1 whether collected directly by the ,secretary or through clerks of courts4 7#b7 ,virgin islands and guam ,all fees received by the ,secretary of ,homeland ,security from applicants residing in the ,virgin ,islands of the ,united ,states1 or in ,guam1 under this subsection shall be paid over to the treasury of the ,virgin ,islands or to the treasury of ,guam1 respectively4 7#c7 ,fees for immigration services 7,a7 ,in general ,subject to subparagraph 7,b71 the ,secretary of ,homeland ,security may set fees for providing immigration services at a level that will-- 7i7 ensure recovery of the full costs of providing such services1 or a portion thereof1 including the costs of similar services provided without charge to asylum applicants or other immigrants2 and 7ii7 recover the full cost of administering the collection of fees under this paragraph1 or a portion thereof4 7,b7 ,report requirement ,the ,secretary of ,homeland ,security may not increase any fee under this paragraph above the level of such fee on the day before the date of the introduction of the ,citizenship ,promotion ,act of #bjji1 until-- 7i7 the ,secretary submits to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report that-- 7,i7 identifies the direct and overhead costs associated with providing immigration services1 and distinguishes such costs from immigration enforcement and national security costs2 7,,ii7 identifies the costs allocable to providing the premium processing services to business customers prescribed by section #bhf7u7 of this ,act2 describes the extent to which the fee prescribed in that section is set at a level that ensures recovery of those costs2 and identifies the amount of funding that is being allocated for the infrastructure improvements in the adjudications and customer-service processes as prescribed by that section2 and 7,,iii7 contains information regarding the amount the fee will be increased2 and 7ii7 a period of #de days has expired beginning on the date that the report in clause 7i7 is received by the committees described in such clause4 7#d7 ,waivers of fees for immigration services 7,a7 ,except as otherwise provided in this paragraph1 any of the fees for immigration services described in paragraph 7#c77;,a7 of this section may be waived by the ,department of ,homeland ,security in any case under its jurisdiction in which the alien or other party affected is able to substantiate that he or she is unable to pay the prescribed fee4 ,the person seeking a fee waiver must file his or her affidavit1 or unsworn declaration made pursuant to section #agdf of title #bh1 ,united ,states ,code1 asking for permission to prosecute without payment of fee of the application1 petition1 appeal1 motion1 or request1 and stating his or her belief that he or she is entitled to or deserving of the benefit requested and the reasons for his or her inability to pay4 ,the officer of the ,department of ,homeland ,security having jurisdiction to render a decision on the application1 petition1 appeal1 motion1 or request may1 in his or her discretion1 grant the waiver of fee4 ,the payment of the additional sum prescribed by section #bde7;i7 of the ,act when applying for adjustment of status under section #bde of the ,act may not be waived4 ,the fee for the employment-based petitions and applications prescribed by section #bhf7u7 of the ,act may not be waived4 7,b7 ,the ,secretary of ,homeland ,security shall prescribe by regulations the criteria that applicants must meet for the approval of the waivers of fees in subparagraph 7,a71 and the documentation that applicants must submit to substantiate that they meet such criteria4 ,the regulations shall include a form for the affidavit or declaration described in subparagraph 7,a7 that must be completed by applicants for the waivers of fees4 ,an applicant shall be deemed to have substantiated that he or she is unable to pay the prescribed fee if-- 7i7 the individual has demonstrated that within #ahj days of the receipt of the application1 he or she qualified for or received any public benefit funded in whole or in part by funds provided by the ,federal ,government that the ,federal agency administering the ,federal funds has determined to be a ,federal means-tested public benefit under the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif1 ,public ,law #ajd-aic2 or 7ii7 the individual has demonstrated that his or her annual household income is at or below #abe percent of the poverty level1 as indicated in the most recent ,federal poverty guidelines set by the ,secretary of ,health and ,human ,services4 4 7b7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the ,secretary of ,homeland ,security should set fees under section #bhf7m77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7m77#c771 as amended by subsection 7a7 of this section1 at a level that ensures recovery of only the direct costs associated with the services described in such section #bhf7m77#c72 and 7#b7 ,congress should appropriate to the ,secretary of ,homeland ,security such funds as may be necessary to cover the indirect costs associated with the services described in such section #bhf7m77#c74 7c7 ,technical ,amendment ,section #bhf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7 is amended-- 7#a7 in subsections 7d71 7e71 7f71 7h71 7i71 7j71 7k71 7l71 7n71 7o71 7q71 7t71 and 7u71 by striking ,attorney ,general each place it appears and inserting ,secretary of ,homeland ,security2 7#b7 in subsection 7i7 of such section1 by striking ,attorney ,general's and inserting ,secretary's2 and 7#c7 in subsection 7r7-- 7,a7 in paragraph 7#b71 by striking ,department of ,justice and inserting ,department of ,homeland ,security2 and 7,b7 in paragraphs 7#c7 and 7#d71 by striking ,attorney ,general each place it appears and inserting ,secretary of ,homeland ,security4 7d7 ,funding ,fees and fines deposited in the ,security and ,prosperity ,account under section #bhf7w77#c77;,b7 of the ,immigration and ,nationality ,act may be used to carry out this section4 #fjb4 ,administration of tests for naturalization2 fulfillment by elderly persons of requirement for naturalization relating to knowledge of ,english language 7a7 ,in general ,subsection 7a7 of section #cab of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adbc7 is amended to read as follows3 7a7 ,naturalization ,test 7#a7 ,requirements ,except as otherwise provided in this title1 a person may not be naturalized as a citizen of the ,united ,states upon the application of such person if such person cannot demonstrate the following3 7,a7 ,an understanding of the ,english language1 including an ability to read1 write1 and speak words in the ordinary usage in the ,english language4 7,b7 ,a knowledge and understanding of-- 7i7 the fundamentals of the history of the ,united ,states2 and 7ii7 the principles and form of government of the ,united ,states4 7#b7 ,testing 7,a7 ,uniformity of test administration ,the ,secretary of ,homeland ,security1 in administering any test that the ,secretary uses to determine whether an applicant for naturalization as a citizen of the ,united ,states has the proficiency and knowledge sufficient to meet the requirements of paragraph 7#a71 shall administer such test uniformly throughout the ,united ,states1 including the application of the criteria set forth in subparagraph 7,b74 7,b7 ,consideration ,in selecting and phrasing items in the administration of a test described in subparagraph 7,a7 and in evaluating the performance of an applicant on such test1 the ,secretary shall consider the following3 7i7 ,the age of the applicant4 7ii7 ,the education level of the applicant4 7iii7 ,the amount of time the applicant has resided in the ,united ,states4 7iv7 ,the efforts made by the applicant1 and the opportunities available to the applicant1 to acquire the knowledge and proficiencies required by paragraph 7#a74 7v7 ,such other factors as the ,secretary considers appropriate4 7,c7 ,english language testing ,the requirement in paragraph 7#a77;,a7 shall be satisfactorily met if an applicant can-- 7i7 speak words in ordinary usage in the ,english language2 and 7ii7 read or write simple words and phrases in ordinary usage in the ,english language4 7,d7 ,prohibition on extraordinary and unreasonable conditions ,the ,secretary may not impose any extraordinary or unreasonable condition on any applicant seeking to meet the requirements of paragraph 7#a74 4 7b7 ,promoting citizenship among the elderly ,subsection 7b7 of such section is amended-- 7#a7 in paragraph 7#a71 by striking subsection 7a7 and inserting subsection 7a77#a72 7#b7 by amending paragraph 7#b7 to read as follows3 7#b7 ,the requirement of subsection 7a77#a77;,a7 shall not apply to any person who1 on the date of the filing of the person's application for naturalization as provided in section #ccd-- 7,a7 is over #ej years of age and has been living in the ,united ,states for periods totaling at least twenty years subsequent to a lawful admission for permanent residence1 7,b7 is over #ee years of age and has been living in the ,united ,states for periods totaling at least #ae years subsequent to a lawful admission for permanent residence2 or 7,c7 is over #fj years of age and has been living in the ,united ,states for periods totaling at least #e years subsequent to a lawful admission for permanent residence4 4 #fjc4 ,voluntary electronic filing of applications ,the ,secretary of ,homeland ,security may not require that an applicant or petitioner for permanent residence or citizenship of the ,united ,states use an electronic method to file any application to1 or access a customer account4 #fjd4 ,timely background checks 7a7 ,study 7#a7 ,in general ,the ,comptroller ,general of the ,united ,states shall conduct a study on the process used by the ,department of ,justice or the ,department of ,homeland ,security on the day before the date of the enactment of this ,act to conduct a background check on an applicant for citizenship of the ,united ,states4 7#b7 ,report ,not later than #a year after the date of the enactment of this ,act and annually thereafter1 the ,comptroller ,general of the ,united ,states shall report to ,congress on the findings of the study required by paragraph 7#a74 7#c7 ,contents of report ,the report required by paragraph 7#b7 shall include the following information with respect to the calendar year preceding the date on which the report is filed3 7,a7 ,the number of background checks conducted by the ,department of ,justice or the ,department of ,homeland ,security on applicants for citizenship of the ,united ,states4 7,b7 ,the types of such background checks conducted4 7,c7 ,the average time spent on each such type of background check4 7,d7 ,a description of the obstacles that impede the timely completion of such background checks4 7#d7 ,examination of name check conducted by the department of justice ,the first report required by paragraph 7#b7 shall also include an examination of the name check conducted by the ,department of ,justice to assess the extent to which the name check provides information relating to the eligibility of applicants for citizenship of the ,united ,states that is not otherwise provided by other background checks conducted by the ,department of ,justice or the ,department of ,homeland ,security4 7b7 ,timely ,completion of ,background ,checks 7#a7 ,attorney general background checks ,with respect to a request submitted to the ,attorney ,general by the ,secretary of ,homeland ,security for a background check on an applicant for temporary or permanent residence or citizenship of the ,united ,states1 the ,attorney ,general shall make a reasonable effort to complete a background check on such applicant not later than #ij days after the ,attorney ,general receives such request from the ,secretary of ,homeland ,security4 7#b7 ,department of homeland security background checks ,with respect to background checks on an applicant for temporary or permanent residence or citizenship of the ,united ,states1 the ,secretary of ,homeland ,security shall make a reasonable effort to complete the background check on such applicant not later than #ij days after the date the application is received by the ,department of ,homeland ,security4 7#c7 ,delays on attorney general background checks ,if a background check described in paragraph 7#a7 is not completed by the ,attorney ,general before the date that is #ia days after the date that the ,attorney ,general receives a request described in paragraph 7#a7-- 7,a7 the ,attorney ,general shall document the reason why such background check was not completed before such date2 and 7,b7 if such background check is not completed before the date that is #aha days after the date of such receipt1 then the ,attorney ,general shall1 not later than #baj days after the date of such receipt1 submit to the appropriate congressional committees and the ,secretary of ,homeland ,security a report that describes-- 7i7 the reason that such background check was not completed within #ahj days2 and 7ii7 the earliest date on which the ,attorney ,general is certain the background check will be completed4 7#d7 ,delays on department of homeland security background checks ,if a background check described in paragraph 7#b7 is not completed by the ,secretary of ,homeland ,security before the date that is #ia days after the date that the ,department of ,homeland ,security receives the application described in paragraph 7#b7-- 7,a7 the ,secretary of ,homeland ,security shall document the reason why such background check was not completed before such date2 and 7,b7 if such background check is not completed before the date that is #aha days after the date of such receipt1 then the ,secretary of ,homeland ,security shall1 not later than #baj days after the date of such receipt1 submit to the appropriate congressional committees a report that describes-- 7i7 the reason that such background check was not completed within #ahj days2 and 7ii7 the earliest date on which the ,secretary of ,homeland ,security is certain the background check will be completed4 7#e7 ,annual report on delayed attorney general background checks ,not later than the end of each fiscal year1 the ,attorney ,general shall submit to the appropriate congressional committees a report containing1 with respect to that fiscal year-- 7,a7 the number of background checks described in subparagraph 7,b7 of paragraph 7#c72 7,b7 the time taken to complete each such background check2 7,c7 a statistical analysis of the causes of the delays in completing such background checks2 and 7,d7 a description of the efforts being made by the ,attorney ,general to address each such cause4 7#f7 ,notification to ,applicant ,if1 with respect to a background check on an applicant described in paragraph 7#b71 the ,secretary of ,homeland ,security is required to furnish a report under paragraph 7#c77;,b71 then the ,secretary shall provide to such applicant a copy of such report1 redacted to remove any classified information contained therein4 7#g7 ,annual report on delayed homeland security background checks ,not later than the end of each fiscal year1 the ,secretary of ,homeland ,security shall submit to the appropriate congressional committees a report containing1 with respect to that fiscal year-- 7,a7 the number of background checks described in subparagraph 7,b7 of paragraph 7#d72 7,b7 the time taken to complete each such background check2 7,c7 a statistical analysis of the causes of the delays in completing such background checks2 and 7,d7 a description of the efforts being made by the ,secretary of ,homeland ,security to address each such cause4 7#h7 ,notification to ,applicant ,if1 with respect to a background check on an applicant described in paragraph 7#b71 the ,secretary of ,homeland ,security is required to furnish a report to the appropriate congressional committees under subsection 7b77#d77;,b71 then the ,secretary shall provide to such applicant a copy of such report1 redacted to remove any classified information contained therein4 7#i7 ,appropriate congressional committees ,in this subsection1 the term appropriate congressional committees means the following3 7,a7 ,the ,committee on the ,judiciary of the ,senate4 7,b7 ,the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate4 7,c7 ,the ,committee on the ,judiciary of the ,house of ,representatives4 7,d7 ,the ,committee on ,homeland ,security of the ,house of ,representatives4 7#aj7 ,funding ,fees and fines deposited in the ,security and ,prosperity ,account under section #bhf7w77#c77;,b7 of the ,immigration and ,nationality ,act may be used to carry out this section4 #fje4 ,national citizenship promotion program 7a7 ,establishment 7#a7 ,in general ,not later than #f months following the date of enactment of this ,act1 the ,secretary of ,homeland ,security shall establish a program to assist aliens who have been lawfully admitted for permanent residence in becoming citizens of the ,united ,states4 7#b7 ,designation ,the program required by paragraph 7#a7 shall be known as the ,new ,americans ,initiative 7in this section referred to as the ,program74 7b7 ,program ,activities ,as part of the ,program required by subsection 7a71 the ,secretary of ,homeland ,security shall-- 7#a7 award grants in accordance with subsection 7c72 and 7#b7 carry out outreach activities in accordance with subsection 7d74 7c7 ,grants ,to ,support ,naturalization ,efforts 7#a7 ,in general ,the ,secretary of ,homeland ,security shall award grants to eligible entities to assist aliens who have been lawfully admitted for permanent residence in becoming citizens of the ,united ,states4 7#b7 ,eligible entity defined ,in this subsection1 the term eligible entity means a not-for-profit organization that has experience working with immigrant communities4 7#c7 ,use of funds ,grants awarded under this subsection shall be used for activities to assist aliens who have been lawfully admitted for permanent residence in becoming citizens of the ,united ,states1 including-- 7,a7 conducting ,english language and citizenship classes for such aliens2 7,b7 providing legal assistance1 by attorneys or entities recognized by the ,board of ,immigration ,appeals1 to such aliens to assist such aliens in becoming citizens of the ,united ,states2 7,c7 carrying out outreach activities and providing education to immigrant communities to assist such aliens in becoming citizens of the ,united ,states2 and 7,d7 assisting such aliens with applications to become citizens of the ,united ,states1 as allowed by ,federal and ,state law4 7#d7 ,application for grant 7,a7 ,in general ,each eligible entity seeking a grant under this subsection shall submit an application to the ,secretary of ,homeland ,security at such time1 in such manner1 and accompanied by such information as the ,secretary shall require4 7,b7 ,contents ,each application submitted pursuant to subparagraph 7,a7 shall include a description of-- 7i7 the activities for which a grant under this section is sought2 7ii7 the manner in which the entity plans to leverage available private and ,state and local government resources to assist aliens who have been lawfully admitted for permanent residence in becoming citizens of the ,united ,states2 7iii7 the experience of the entity in carrying out the activities for which a grant under this section is sought1 including the number of aliens and geographic regions served by such entity2 and 7iv7 the manner in which the entity plans to employ best practices developed by adult educators1 ,state and local governments1 and community organizations-- 7,i7 to promote citizenship and civic participation by such aliens2 and 7,,ii7 to provide assistance to such aliens with the process of becoming citizens of the ,united ,states4 7d7 ,outreach ,the ,secretary of ,homeland ,security shall-- 7#a7 develop outreach materials targeted to aliens who have been lawfully admitted for permanent residence to encourage such aliens to apply to become citizens of the ,united ,states2 and 7#b7 make such outreach materials available through-- 7,a7 public service announcements2 7,b7 advertisements2 and 7,c7 such other media as the ,secretary determines is appropriate4 7e7 ,funding ,fees and fines deposited in the ,security and ,prosperity ,account under section #bhf7w77#c77;,b7 of the ,immigration and ,nationality ,act may be used to carry out this section4 #fjf4 ,effective date ,the amendments made by this title shall take effect on the date of the enactment of this ,act and shall apply to applications for naturalization pending on or after such date4 ,b ,miscellaneous #faa4 ,grants to support public education and community training 7a7 ,grants ,authorized ,the ,assistant ,attorney ,general1 ,office of ,justice ,programs1 may award grants to qualified nonprofit community organizations to educate1 train1 and support non-profit agencies1 immigrant communities1 and other interested entities regarding the provisions of this ,act and the amendments made by this ,act4 7b7 ,use of ,funds 7#a7 ,in general ,grants awarded under this section shall be used-- 7,a7 for public education1 training1 technical assistance1 government liaison1 and all related costs 7including personnel and equipment7 incurred by the grantee in providing services related to this ,act2 and 7,b7 to educate1 train1 and support nonprofit organizations1 immigrant communities1 and other interested parties regarding this ,act and the amendments made by this ,act and on matters related to its implementation4 7#b7 ,education ,in addition to the purposes described in paragraph 7#a71 grants awarded under this section shall be used to-- 7,a7 educate immigrant communities and other interested entities regarding-- 7i7 the individuals and organizations that can provide authorized legal representation in immigration matters under regulations prescribed by the ,secretary2 and 7ii7 the dangers of securing legal advice and assistance from those who are not authorized to provide legal representation in immigration matters2 7,b7 educate interested entities regarding the requirements for obtaining nonprofit recognition and accreditation to represent immigrants under regulations prescribed by the ,secretary2 7,c7 provide nonprofit agencies with training and technical assistance on the recognition and accreditation process2 and 7,d7 educate nonprofit community organizations1 immigrant communities1 and other interested entities regarding-- 7i7 the process for obtaining benefits under this ,act or under an amendment made by this ,act2 and 7ii7 the availability of authorized legal representation for low-income persons who may qualify for benefits under this ,act or under an amendment made by this ,act4 7c7 ,diversity ,the ,assistant ,attorney ,general shall ensure1 to the extent possible1 that the nonprofit community organizations receiving grants under this section serve geographically diverse locations and ethnically diverse populations who may qualify for benefits under the ,act4 7d7 ,funding ,fees and fines deposited in the ,security and ,prosperity ,account under section #bhf7w77#c77;,b7 of the ,immigration and ,nationality ,act may be used to carry out this section4 #fab4 ,grant program to assist applicants for naturalization 7a7 ,purpose ,the purpose of this section is to establish a grant program within ,united ,states ,citizenship and ,immigration ,services that provides funding to community-based organizations1 including community-based legal service organizations1 as appropriate1 to develop and implement programs to assist eligible applicants for naturalization4 7b7 ,definitions ,in this section3 7#a7 ,community-based organization ,the term community-based organization means a nonprofit1 tax-exempt organization1 including a faith-based organization1 whose staff has experience and expertise in meeting the legal1 social1 educational1 cultural educational1 or cultural needs of immigrants1 refugees1 persons granted asylum1 or persons applying for such statuses4 7#b7 ,,ieaca grant ,the term ,,ieaca grant means an ,initial ,entry1 ,adjustment1 and ,citizenship ,assistance ,grant authorized under subsection 7c74 7c7 ,establishment of ,initial ,entry1 ,adjustment1 and ,citizenship ,assistance ,grant ,program 7#a7 ,grants authorized ,the ,secretary1 working through the ,director of ,united ,states ,citizenship and ,immigration ,services1 may award ,,ieaca grants to community-based organizations4 7#b7 ,use of funds ,grants awarded under this section may be used for the design and implementation of programs to provide the following services3 7,a7 ,initial ,application ,assistance and instruction1 including legal assistance1 to aliens making initial application for conditional nonimmigrant or conditional nonimmigrant dependent classification under section #dja4 ,such assistance may include assisting applicants in-- 7i7 screening to assess prospective applicants' potential eligibility for participating in such program2 7ii7 filling out applications for such program2 7iii7 gathering proof of identification1 employment1 residence1 and tax payment2 7iv7 gathering proof of relationships of eligible family members2 7v7 applying for any waivers for which applicants and qualifying family members may be eligible2 and 7vi7 any other assistance that the ,secretary or grantee considers useful to aliens who are interested in filing applications for treatment under section #dja4 7,b7 ,adjustment of status ,assistance and instruction1 including legal assistance1 to aliens seeking to adjust their status in accordance with section #djb of this ,act or section #bde of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee74 7,c7 ,citizenship ,assistance and instruction to applicants on-- 7i7 the rights and responsibilities of ,united ,states citizenship2 7ii7 ,english as a second language2 7iii7 civics2 or 7iv7 applying for ,united ,states citizenship4 7#c7 ,duration and renewal 7,a7 ,duration ,subject to subparagraph 7,b71 each grant awarded under this section shall be awarded for a period of not more than #c years4 7,b7 ,renewal ,the ,secretary may renew any grant awarded under this section in #a-year increments4 7#d7 ,application for grants ,each entity desiring an ,,ieaca grant under this section shall submit an application to the ,secretary at such time1 in such manner1 and accompanied by such information as the ,secretary may require4 7#e7 ,eligible organizations ,a community-based organization applying for a grant under this section to provide services described in subparagraph 7,a71 7,b71 or 7,c77iv7 of paragraph 7#b7 may not receive such a grant unless the organization is-- 7,a7 recognized by the ,board of ,immigration ,appeals under section #bib4b of title #h1 ,code of ,federal ,regulations2 or 7,b7 otherwise directed by an attorney4 7#f7 ,selection of grantees ,grants awarded under this section shall be awarded on a competitive basis4 7#g7 ,geographic distribution of grants ,the ,secretary shall approve applications under this section in a manner that ensures1 to the greatest extent practicable1 that-- 7,a7 not less than #ej percent of the funding for grants under this section are awarded to programs located in the #aj ,states with the highest percentage of residents who were born in foreign countries2 and 7,b7 not less than #bj percent of the funding for grants under this section are awarded to programs located in ,states that are not described in subparagraph 7,a74 7#h7 ,ethnic diversity ,the ,secretary shall ensure that community-based organizations receiving grants under this section provide services to an ethnically diverse population1 to the greatest extent possible4 7d7 ,liaison between ,,uscis and grantees ,the ,secretary shall establish a liaison between ,united ,states ,citizenship and ,immigration ,services and the community of providers of services under this section to assure quality control1 efficiency1 and greater client willingness to come forward4 7e7 ,reports to ,congress ,not later than #ahj days after the date of enactment of this ,act1 and ,july #a of each subsequent year1 the ,secretary shall submit a report to ,congress that includes information regarding-- 7#a7 the status of the implementation of this section2 7#b7 the grants issued pursuant to this section2 and 7#c7 the activities carried out with such grants4 7f7 ,source of grant funds 7#a7 ,application fees ,the ,secretary may use funds made available under section #dja7;g77#b77;,a7 of this ,act and section #bah;,a7b77#c7 of the ,immigration and ,nationality ,act1 as added by this ,act1 to carry out this section4 7#b7 ,funding ,fees and fines deposited in the ,security and ,prosperity ,account under section #bhf7w77#c77;,b7 of the ,immigration and ,nationality ,act may be used to carry out this section4 7g7 ,distribution of conditional nonimmigrant visa fees and fines ,notwithstanding section #dja7;g77#b77;,b71 #b percent of the fees and fines collected under section #dja shall be made available for grants under the ,initial ,entry1 ,adjustment1 and ,citizenship ,assistance ,grant ,program established under this section4 #fac4 ,naturalization for certain ,u4,s4 high school graduates 7a7 ,in general ,title ,,iii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adja et seq47 is amended by inserting after section #cbj the following3 #cba4 ,citizenship for certain ,u4,s4 high school graduates 7a7 ,requirements ,deemed ,satisfied ,in the case of an alien described in subsection 7b71 the alien shall be deemed to have satisfied the requirements of section #cab7;a74 7b7 ,aliens ,described ,an alien is described in this subsection if the alien is under #be years of age on the date on which the alien submits an application for naturalization under section #ccd that contains the following3 7#a7 ,transcripts from public or private schools in the ,united ,states that demonstrate the following3 7,a7 ,the alien completed grades #f through #ab in the ,united ,states and was graduated with a high school diploma4 7,b7 ,the alien completed a curriculum that reflects knowledge of ,united ,states history1 ,government1 and civics4 7#b7 ,a copy of the alien's high school diploma4 7c7 ,reduced ,fee ,the ,secretary of ,homeland ,security shall reduce the naturalization application fee for an alien described in subsection 7b7 by #ej percent4 4 7b7 ,clerical amendment ,the table of contents for the ,immigration and ,nationality ,act is amended by inserting after the item relating to section #cbj the following3 ,sec4 #cba4 ,citizenship for certain ,u4,s4 high school graduates4 4 7c7 ,applicability ,the amendments made by this section shall take effect on the date of the enactment of this ,act and shall apply to applicants for naturalization who apply for naturalization on or after such date4 7d7 ,regulations ,the ,secretary of ,homeland ,security shall promulgate regulations to carry out this section and the amendments made by this section not later than #ahj days after the date of the enactment of this ,act4 #fad4 ,family integration ,section #bja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7 is amended by striking in subsection 7b77#b77;,a77i7 the number #ba and inserting the number #ah4 #fae4 ,consideration for domestic resettlement of refugees ,section #dab is amended as follows3 7#a7 ,in subsection 7a77#b77;,c77i7 strike insure and insert ensure4 7#b7 ,at the end1 add the following3 7,v7 the geography1 climate and environmental composition of the proposed resettlement area compared with that of the geography1 climate and environmental composition of their country of origin4 4 #faf4 ,credits for teachers of ,english language learners 7a7 ,in general ,subpart ,a of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf 7relating to nonrefundable personal credits7 is amended by inserting after section #be;,d the following new section3 #be;,e4 ,teachers of ,english language learners 7a7 ,in ,general ,in the case of an eligible teacher1 there shall be allowed a credit against the tax imposed by this chapter for the taxable year an amount equal to-- 7#a7 #a1ejj1 for each of the first #e taxable years for which the taxpayer is allowed a credit under this section2 and 7#b7 #a1jjj1 for any other taxable year4 7b7 ,credit ,allowed ,only for #aj ,taxable ,years ,no credit shall be allowed under this section with respect to a taxpayer for any taxable year after the #ajth taxable year for which such taxpayer is allowed a credit under this section4 7c7 ,eligible ,teacher ,for purposes of this section-- 7#a7 ,in general ,except as provided in paragraph 7#b71 the term eligible teacher means1 with respect to a taxable year1 any individual who is-- 7,a7 a full-time teacher of ,english as a second language or bilingual instruction for the academic year ending in such taxable year1 or 7,b7 an eligible part-time teacher of ,english as a second language or bilingual instruction for the academic year ending in such taxable year4 7#b7 ,eligible part-time teacher ,the term eligible part-time teacher means1 with respect to a taxable year1 an individual who teaches at least #bj hours per week during the academic year ending in such taxable year4 ,such term does not include any individual who is a full-time teacher of ,english as a second language during such academic year4 7#c7 ,special rule ,in the case of an eligible part-time teacher1 subsection 7a7 shall be applied by substituting #cge for #gej and by substituting #bej for #ejj4 4 7b7 ,clerical amendment ,the table of sections for such subpart is amended by inserting after the item relating to section #be;,d the following new item3 ,sec4 #be;,e4 ,teachers of ,english language learners4 4 7c7 ,teacher certification expenses ,part ,,vii of subchapter ,b of chapter #a of the ,internal ,revenue ,code of #aihf 7relating to additional itemized deductions for individuals7 is amended by redesignating section #bbd as section #bbe and by inserting after section #bbc the following new section3 #bbd4 ,certification expenses for teachers of ,english language learners 7a7 ,in ,general ,in the case of an individual1 there shall be allowed a deduction for eligible teacher certification expenses paid or incurred by the taxpayer for the taxable year4 7b7 ,eligible ,teacher ,certification ,expenses ,the term eligible teacher certification expenses-- 7#a7 means the tuition and fees required for the enrollment or attendance of the taxpayer at an eligible educational institution 7as defined in section #be;,a7 for a course which is required for certification or licensure of such individual as qualified to provide ,english as a second language or bilingual instruction to elementary or secondary school students who are limited ,english proficient 7as defined in section #iija of the ,elementary and ,secondary ,education ,act of #aife72 and 7#b7 shall not include any amounts that are-- 7,a7 used for a course that is part of the individual's degree program2 or 7,b7 funded by another person or any governmental entity4 7c7 ,denial of ,double ,benefit ,no deduction shall be allowed under this section for any expense for which a deduction or credit is allowed under any other provision of this chapter4 7d7 ,termination ,this section shall not apply to expenses paid or incurred after ,december #ca1 #bjah4 4 7d7 ,certification deduction allowed whether or not taxpayer itemizes other deductions ,subsection 7a7 of section #fb of such ,code is amended by inserting after paragraph 7#ba7 the following new paragraph3 7#bb7 ,teacher certification expenses ,the deduction allowed by section #bbd4 4 7e7 ,clerical amendment ,the table of sections for part ,,vii of subchapter ,b of chapter #a of such ,code is amended by striking the last item and inserting the following new item3 ,sec4 #bbd4 ,certification expenses for teachers of ,english language learners4 4 7f7 ,regulations ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of the ,treasury shall promulgate regulations implementing the provisions of this section4 7g7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjac4 #fag4 ,credits for employer-provided adult ,english literacy and basic education programs 7a7 ,in general ,subpart ,d of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf 7relating to business related credits7 is amended by adding at the end the following3 #de,r4 ,employer-provided adult ,english literacy and basic education programs 7a7 ,in ,general ,for the purposes of section #ch1 the credit determined under this section with respect to any employer for the taxable year is an amount equal to #bj percent of qualified education program expenses1 but in no case shall the employer receive a credit in an amount of more than #a1jjj per full-time employee participating in the qualified education program4 7b7 ,qualified ,education ,program ,expenses ,for purposes of this section-- 7#a7 ,in general ,the term qualified education program expenses means expenses paid or incurred by an employer to make available qualified education to employees of the employer1 who-- 7,a7 are ,english language learners2 and 7,b7 7i7 have not received a secondary school diploma1 or its recognized equivalent2 or 7ii7 lack sufficient mastery of basic educational skills1 including financial literacy1 to enable the individuals to function effectively in society4 7#b7 ,qualified education ,the term qualified education means adult education and literacy activities provided-- 7,a7 by an eligible provider which for the fiscal year ending during the employer's taxable year receives or is eligible to receive ,federal funds under section #bca of the ,adult ,education and ,family ,literacy ,act for adult education and literacy activities2 or 7,b7 in curriculum approved by the ,department of ,education1 the ,employment and ,training ,administration of the ,department of ,labor1 or in current use by a ,federal agency4 7#c7 ,eligible provider2 adult education and literacy activities ,the terms eligible provider and adult education and literacy activities shall have the respective meanings given to such terms in section #bjc of the ,adult ,education and ,family ,literacy ,act4 7#d7 ,english language learner ,the term ,english language learner shall have the same meaning given to such term in section #iaja7be7 of the ,elementary and ,secondary ,education ,act of #aife4 7c7 ,special ,rules ,for purposes of this section-- 7#a7 ,full-time employment ,an employee shall be considered full-time if such employee is employed at least #cj hours per week for #be or more calendar weeks in the taxable year4 7#b7 ,aggregation rule ,all persons treated as a single employer under subsection 7a7 or 7b7 or section #eb1 or subsection 7m7 or 7o7 of section #dad1 shall be treated as #a person4 7d7 ,denial of ,double ,benefit ,no deduction or credit shall be allowed under any other provision of this chapter for any amount taken into account in determining the credit under this section4 7e7 ,termination ,this section shall not apply to expenses paid or incurred after ,december #ca1 #bjah4 4 7b7 ,credit ,to be part of general business credit ,subsection 7b7 of section #ch of such ,code 7relating to the current year business credit7 is amended-- 7#a7 by striking plus at the end of paragraph 7#cd72 7#b7 by striking the period at the end of paragraph 7#ce7 and inserting 1 plus2 and 7#c7 by adding at the end the following new paragraph3 7#cf7 the adult ,english literacy and basic education programs credit determined under section #de,r4 4 7c7 ,clerical amendment ,the table of sections for subpart ,d of part ,,iv of subchapter ,a of chapter #a of the such ,code is amended by adding at the end the following new item3 ,sec4 #de,r4 ,employer-provided adult ,english literacy and basic education programs4 4 7d7 ,regulations ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of the ,treasury shall promulgate regulations implementing the provisions of this section4 7e7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjac4 #fah4 ,grants to ,states to form ,new ,american ,councils 7a7 ,authority ,to provide grants ,subject to subsections 7c7 and 7d71 the ,chief of the ,office of ,citizenship and ,immigrant ,integration is authorized to provide competitive grants to ,states to form ,state ,new ,american ,councils as described in subsection 7b7 to carry out activities described in section #cjc4 7b7 ,state ,new ,american ,councils ,a ,state ,new ,american ,council shall consist of not less than #ae and not more than #ai individuals from the ,state and shall include1 to the extent practicable1 representatives from the following sectors3 7#a7 ,business4 7#b7 ,faith-based organizations4 7#c7 ,civic organizations4 7#d7 ,philanthropic leaders4 7#e7 ,nonprofit organizations1 including those with experience working with immigrant communities4 7#f7 ,representatives from key education stakeholders1 such as ,state educational agencies1 local educational agencies1 community colleges1 teachers1 or organizations representing teachers and other employees4 7#g7 ,representatives of ,state adult education offices4 7#h7 ,representatives of ,state or local public libraries4 7#i7 ,representatives of statewide or local government officials4 7c7 ,waiver of requirement 7#a7 ,authority to ,grant ,the ,chief of the ,office of ,citizenship and ,immigrant ,integration may award a grant under subsection 7a7 to a ,state without requiring the ,state to form a ,state ,new ,american ,council if the ,chief determines that the ,state is carrying out similar statewide initiatives to introduce immigrants into the ,state and into the ,united ,states4 7#b7 ,guidelines ,the ,chief shall establish guidelines for awarding grants to ,states described in paragraph 7#a74 7d7 ,grants to local governments ,the ,chief of the ,office of ,citizenship and ,immigrant ,integration may provide a grant under subsection 7a7 to a local government at the discretion of the ,chief4 7e7 ,application ,to be eligible to receive a grant under this section1 an applicant shall submit an application to the ,chief of the ,office of ,citizenship and ,immigrant ,integration at such time1 in such manner1 and containing such information as the ,chief may reasonably require4 ,such application shall include-- 7#a7 if the applicant is a ,state seeking to form a ,state ,new ,american ,council1 an assurance that such ,state ,new ,american ,council will meet the requirements of subsection 7b72 7#b7 the number of immigrants in the ,state in which the applicant is located2 7#c7 a description of the challenges in introducing new ,americans in the ,state and local community2 and 7#d7 any other information that the ,chief may reasonably require4 7f7 ,duration ,a grant awarded under subsection 7a7 shall be for a period of #e years4 7g7 ,priority ,priority shall be given to grant applications that-- 7#a7 use matching funds1 from non-,federal sources1 which may include in-kind contributions2 and 7#b7 demonstrate collaboration with private entities to achieve the goals of their comprehensive plan4 7h7 ,additional consideration ,additional consideration shall be given to grant applications submitted by ,states with a large increase in the population of immigrants over the previous #aj years relative to past migration patterns1 based on data compiled by the ,office of ,immigration ,statistics of the ,department of ,homeland ,security4 7i7 ,grant amount ,the amount of a grant awarded under subsection 7a7 shall be not less than #ejj1jjj and not more than #e1jjj1jjj for each fiscal year4 7j7 ,reservations 7#a7 ,national ,the ,chief of the ,office of ,citizenship and ,immigrant ,integration shall reserve not more than #a percent of the amount appropriated to carry out this section for such ,office1 including the evaluation of funds distributed4 7#b7 ,states ,a ,state awarded a grant under subsection 7a7 may reserve not more than #aj percent of such grant amount for the creation and operation of the ,state ,new ,american ,council4 7k7 ,funding ,fees and fines deposited in the ,security and ,prosperity ,account under section #bhf7w77#c77;,b7 of the ,immigration and ,nationality ,act may be used to carry out this section4 #fai4 ,independence ,day ceremonies for oaths of allegiance 7a7 ,in general ,the ,secretary of ,homeland ,security shall make available funds each fiscal year to the ,director of ,u4,s4 ,citizenship and ,immigration ,services or to public or private nonprofit entities to support public ceremonies for administering oaths of allegiance under section #ccg7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #addh7;a77 to legal immigrants whose applications for naturalization have been approved4 7b7 ,ceremonies ,a ceremony conducted with funds under this section-- 7#a7 shall be held on a date that is on or near ,independence ,day2 and 7#b7 shall include appropriate outreach1 ceremonial1 and celebratory activities4 7c7 ,selection of sites 7#a7 ,in general ,the ,secretary of ,homeland ,security shall select the site for each ceremony conducted with funds under this section4 7#b7 ,selection process ,in selecting a site under paragraph 7#a71 the ,secretary of ,homeland ,security should consider-- 7,a7 the number of naturalization applicants living in proximity to the site2 and 7,b7 the degree of participation in and support for the ceremony by the local community at the site4 7d7 ,amounts available2 use of funds 7#a7 ,amounts available ,amounts made available under this section for each ceremony shall not exceed #e1jjj4 7#b7 ,use of funds ,funds made available under this section may be used only for the following3 7,a7 ,costs of personnel of the ,department of ,homeland ,security and the ,federal judiciary 7including travel and overtime expenses74 7,b7 ,site rental1 including audio equipment rental4 7,c7 ,logistical requirements1 including sanitation4 7,d7 ,costs for printing brochures about the naturalization participants and the naturalization process4 7#c7 ,funding ,fees and fines deposited in the ,security and ,prosperity ,account under section #bhf7w77#c77;,b7 of the ,immigration and ,nationality ,act may be used to carry out this section4 7e7 ,application ,no amount may be made available under this section to an entity that is not part of the ,department of ,homeland ,security1 for supporting a ceremony described in subsection 7b71 unless-- 7#a7 the entity submits an application to the ,secretary of ,homeland ,security1 in a form and manner specified by the ,secretary of ,homeland ,security2 and 7#b7 the ,secretary of ,homeland ,security approves the application4