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H.R. 15 (113th): Border Security, Economic Opportunity, and Immigration Modernization Act

The text of the bill below is as of Oct 2, 2013 (Introduced).

I

113th CONGRESS

1st Session

H. R. 15

IN THE HOUSE OF REPRESENTATIVES

October 2, 2013

(for himself, Ms. Chu, Mr. Horsford, Mr. Polis, Ms. DelBene, Ms. Pelosi, Mr. Hoyer, Mr. Clyburn, Mr. Becerra, Mr. Crowley, Mr. Van Hollen, Mr. Israel, Ms. Duckworth, Mr. Gene Green of Texas, Ms. Speier, Ms. Titus, Ms. Linda T. Sánchez of California, Mr. David Scott of Georgia, Mr. Delaney, Mr. Larsen of Washington, Mr. O’Rourke, Ms. Jackson Lee, Mr. Peters of California, Mr. Gallego, Ms. Michelle Lujan Grisham of New Mexico, Mr. Hinojosa, Mr. Connolly, Mr. Himes, Ms. Brownley of California, Mr. Engel, Mr. Perlmutter, Mr. Sherman, Ms. Wasserman Schultz, Mr. Vargas, Mr. Cárdenas, Mr. Kildee, Mrs. Napolitano, Mr. Swalwell of California, Mr. Ruiz, Mr. Lowenthal, Mr. Takano, Mr. Doggett, Mr. Quigley, Mr. Barber, Mr. Castro of Texas, Mr. Ben Ray Luján of New Mexico, Mr. Foster, Ms. Roybal-Allard, Ms. Kuster, Ms. Wilson of Florida, Mr. Sablan, Mr. Sires, Mrs. McCarthy of New York, Ms. Loretta Sanchez of California, Ms. Schwartz, Mr. Deutch, Mr. Maffei, Mr. Huffman, Mr. Schrader, Mr. Moran, Mr. Schiff, Mr. Murphy of Florida, Mrs. Negrete McLeod, Mr. Heck of Washington, Mr. Pocan, Mr. Smith of Washington, Ms. Kelly of Illinois, Ms. Hanabusa, Mr. Serrano, Mr. Owens, Ms. Esty, Ms. Frankel of Florida, Mr. Kind, Mr. Sean Patrick Maloney of New York, Mr. Pierluisi, Mr. Kilmer, Mr. Honda, Mr. Thompson of California, Ms. Eshoo, Mr. Schneider, Mr. Cuellar, Mr. Faleomavaega, Ms. McCollum, Ms. Meng, Mr. Rangel, Ms. Matsui, Mrs. Carolyn B. Maloney of New York, Ms. Hahn, Ms. Castor of Florida, Mr. Nadler, Mr. Veasey, Mrs. Kirkpatrick, Ms. Moore, Mr. Cicilline, Mr. Cartwright, Mr. Meeks, Ms. DeGette, Mr. Hastings of Florida, Mr. Cohen, Mr. Clay, Mr. Conyers, Ms. Schakowsky, Mr. McDermott, Mr. Andrews, Mr. Blumenauer, Mr. Dingell, Mr. Garamendi, Mr. Langevin, Mr. Tonko, Mr. Pastor of Arizona, Ms. Velázquez, Mr. Farr, Mr. Costa, Mr. Price of North Carolina, Ms. Bonamici, Mr. Larson of Connecticut, Ms. Sinema, Mr. Courtney, Mr. Pallone, Mr. Lewis, and Mr. Grayson) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Foreign Affairs, Homeland Security, Ways and Means, Armed Services, Natural Resources, Agriculture, Education and the Workforce, Energy and Commerce, Oversight and Government Reform, the Budget, Science, Space, and Technology, Financial Services, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To provide for comprehensive immigration reform and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Border Security, Economic Opportunity, and Immigration Modernization Act .

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Statement of congressional findings.

Sec. 3. Reports on current border security status.

Sec. 4. Border security metrics and goals.

Sec. 5. Southern Border Security Commission.

Sec. 6. Border Security Results Strategy.

Sec. 7. US–VISIT Implementation.

Sec. 8. Alternate model for border security strategy development.

Sec. 9. Comprehensive Immigration Reform Funds.

Sec. 10. Reference to the Immigration and Nationality Act.

Sec. 11. Definitions.

Sec. 12. Grant accountability.

Title I—Border Security

Sec. 1101. Definitions.

Sec. 1102. Additional U.S. Customs and Border Protection officers.

Sec. 1103. National Guard support to secure the Southern border.

Sec. 1104. Enhancement of existing border security operations.

Sec. 1105. Border security on certain Federal land.

Sec. 1106. Equipment and technology.

Sec. 1107. Access to emergency personnel.

Sec. 1108. Southwest Border Region Prosecution Initiative.

Sec. 1109. Interagency collaboration.

Sec. 1110. State Criminal Alien Assistance Program.

Sec. 1111. Use of force.

Sec. 1112. Training for border security and immigration enforcement officers.

Sec. 1113. Department of Homeland Security Border Oversight Task Force.

Sec. 1114. Ombudsman for Immigration Related Concerns of the Department of Homeland Security.

Sec. 1115. Protection of family values in apprehension programs.

Sec. 1116. Reports.

Sec. 1117. Severability and delegation.

Sec. 1118. Prohibition on land border crossing fees.

Sec. 1119. Human Trafficking Reporting.

Sec. 1120. Rule of construction.

Sec. 1121. Limitations on dangerous deportation practices.

Sec. 1122. Maximum allowable costs of salaries of contractor employees.

Title II—Immigrant visas

Subtitle A—Registration and adjustment of registered provisional immigrants

Sec. 2101. Registered provisional immigrant status.

Sec. 2102. Adjustment of status of registered provisional immigrants.

Sec. 2103. The DREAM Act.

Sec. 2104. Additional requirements.

Sec. 2105. Criminal penalty.

Sec. 2106. Grant program to assist eligible applicants.

Sec. 2107. Conforming amendments to the Social Security Act.

Sec. 2108. Government contracting and acquisition of real property interest.

Sec. 2109. Long-term legal residents of the Commonwealth of the Northern Mariana Islands.

Sec. 2110. Rulemaking.

Sec. 2111. Statutory construction.

Subtitle B—Agricultural Worker Program

Sec. 2201. Short title.

Sec. 2202. Definitions.

Chapter 1—Program for earned status adjustment of agricultural workers

Subchapter A—Blue card status

Sec. 2211. Requirements for blue card status.

Sec. 2212. Adjustment to permanent resident status.

Sec. 2213. Use of information.

Sec. 2214. Reports on blue cards.

Sec. 2215. Authorization of appropriations.

Subchapter B—Correction of social security records

Sec. 2221. Correction of social security records.

Chapter 2—Nonimmigrant agricultural visa program

Sec. 2231. Nonimmigrant classification for nonimmigrant agricultural workers.

Sec. 2232. Establishment of nonimmigrant agricultural worker program.

Sec. 2233. Transition of H–2A Worker Program.

Sec. 2234. Reports to Congress on nonimmigrant agricultural workers.

Chapter 3—Other provisions

Sec. 2241. Rulemaking.

Sec. 2242. Reports to Congress.

Sec. 2243. Benefits integrity programs.

Sec. 2244. Effective date.

Subtitle C—Future immigration

Sec. 2301. Merit-based points track one.

Sec. 2302. Merit-based track two.

Sec. 2303. Repeal of the diversity visa program.

Sec. 2304. Worldwide levels and recapture of unused immigrant visas.

Sec. 2305. Reclassification of spouses and minor children of lawful permanent residents as immediate relatives.

Sec. 2306. Numerical limitations on individual foreign states.

Sec. 2307. Allocation of immigrant visas.

Sec. 2308. Inclusion of communities adversely affected by a recommendation of the Defense Base Closure and Realignment Commission as targeted employment areas.

Sec. 2309. V nonimmigrant visas.

Sec. 2310. Fiancée and fiancé child status protection.

Sec. 2311. Equal treatment for all stepchildren.

Sec. 2312. Modification of adoption age requirements.

Sec. 2313. Relief for orphans, widows, and widowers.

Sec. 2314. Discretionary authority with respect to removal, deportation, or inadmissibility of citizen and resident immediate family members.

Sec. 2315. Waivers of inadmissibility.

Sec. 2316. Continuous presence.

Sec. 2317. Global health care cooperation.

Sec. 2318. Extension and improvement of the Iraqi special immigrant visa program.

Sec. 2319. Extension and improvement of the Afghan special immigrant visa program.

Sec. 2320. Special Immigrant Nonminister Religious Worker Program.

Sec. 2321. Special immigrant status for certain surviving spouses and children.

Sec. 2322. Reunification of certain families of Filipino veterans of World War II.

Subtitle D—Conrad State 30 and physician access

Sec. 2401. Conrad State 30 Program.

Sec. 2402. Retaining physicians who have practiced in medically underserved communities.

Sec. 2403. Employment protections for physicians.

Sec. 2404. Allotment of Conrad 30 waivers.

Sec. 2405. Amendments to the procedures, definitions, and other provisions related to physician immigration.

Subtitle E—Integration

Sec. 2501. Definitions.

Chapter 1—Citizenship and New Americans

Subchapter A—Office of Citizenship and New Americans

Sec. 2511. Office of Citizenship and New Americans.

Subchapter B—Task Force on New Americans

Sec. 2521. Establishment.

Sec. 2522. Purpose.

Sec. 2523. Membership.

Sec. 2524. Functions.

Chapter 2—Public-Private partnership

Sec. 2531. Establishment of United States Citizenship Foundation.

Sec. 2532. Funding.

Sec. 2533. Purposes.

Sec. 2534. Authorized activities.

Sec. 2535. Council of directors.

Sec. 2536. Powers.

Sec. 2537. Initial Entry, Adjustment, and Citizenship Assistance Grant Program.

Sec. 2538. Pilot program to promote immigrant integration at State and local levels.

Sec. 2539. Naturalization ceremonies.

Chapter 3—Funding

Sec. 2541. Authorization of appropriations.

Chapter 4—Reduce barriers to naturalization

Sec. 2551. Waiver of English requirement for senior new Americans.

Sec. 2552. Filing of applications not requiring regular Internet access.

Sec. 2553. Permissible use of assisted housing by battered immigrants.

Sec. 2554. United States citizenship for internationally adopted individuals.

Title III—Interior enforcement

Subtitle A—Employment Verification System

Sec. 3101. Unlawful employment of unauthorized aliens.

Sec. 3102. Increasing security and integrity of social security cards.

Sec. 3103. Increasing security and integrity of immigration documents.

Sec. 3104. Responsibilities of the Social Security Administration.

Sec. 3105. Improved prohibition on discrimination based on national origin or citizenship status.

Sec. 3106. Rulemaking.

Sec. 3107. Office of the Small Business and Employee Advocate.

Subtitle B—Protecting United States workers

Sec. 3201. Protections for victims of serious violations of labor and employment law or crime.

Sec. 3202. Employment Verification System Education Funding.

Sec. 3203. Directive to the United States Sentencing Commission.

Subtitle C—Other provisions

Sec. 3301. Funding.

Sec. 3302. Effective date.

Sec. 3303. Mandatory exit system.

Sec. 3304. Identity-theft resistant manifest information for passengers, crew, and non-crew onboard departing aircraft and vessels.

Sec. 3305. Profiling.

Sec. 3306. Enhanced penalties for certain drug offenses on Federal lands.

Subtitle D—Asylum and refugee provisions

Sec. 3401. Time limits and efficient adjudication of genuine asylum claims.

Sec. 3402. Refugee family protections.

Sec. 3403. Clarification on designation of certain refugees.

Sec. 3404. Asylum determination efficiency.

Sec. 3405. Stateless persons in the United States.

Sec. 3406. U visa accessibility.

Sec. 3407. Work authorization while applications for U and T visas are pending.

Sec. 3408. Representation at overseas refugee interviews.

Sec. 3409. Law enforcement and national security checks.

Sec. 3410. Tibetan refugee assistance.

Sec. 3411. Termination of asylum or refugee status.

Sec. 3412. Asylum clock.

Subtitle E—Shortage of immigration court resources for removal proceedings

Sec. 3501. Shortage of immigration court personnel for removal proceedings.

Sec. 3502. Improving immigration court efficiency and reducing costs by increasing access to legal information.

Sec. 3503. Office of Legal Access Programs.

Sec. 3504. Codifying Board of Immigration Appeals.

Sec. 3505. Improved training for immigration judges and Board Members.

Sec. 3506. Improved resources and technology for immigration courts and Board of Immigration Appeals.

Sec. 3507. Transfer of responsibility for trafficking protections.

Subtitle F—Prevention of trafficking in persons and abuses involving workers recruited abroad

Sec. 3601. Definitions.

Sec. 3602. Disclosure.

Sec. 3603. Prohibition on discrimination.

Sec. 3604. Recruitment fees.

Sec. 3605. Registration.

Sec. 3606. Bonding requirement.

Sec. 3607. Maintenance of lists.

Sec. 3608. Amendment to the Immigration and Nationality Act.

Sec. 3609. Responsibilities of Secretary of State.

Sec. 3610. Enforcement provisions.

Sec. 3611. Detecting and preventing child trafficking.

Sec. 3612. Protecting child trafficking victims.

Sec. 3613. Rule of construction.

Sec. 3614. Regulations.

Subtitle G—Interior enforcement

Sec. 3701. Criminal street gangs.

Sec. 3702. Banning habitual drunk drivers from the United States.

Sec. 3703. Sexual abuse of a minor.

Sec. 3704. Illegal entry.

Sec. 3705. Reentry of removed alien.

Sec. 3706. Penalties relating to vessels and aircraft.

Sec. 3707. Reform of passport, visa, and immigration fraud offenses.

Sec. 3708. Combating schemes to defraud aliens.

Sec. 3709. Inadmissibility and removal for passport and immigration fraud offenses.

Sec. 3710. Directives related to passport and document fraud.

Sec. 3711. Inadmissible aliens.

Sec. 3712. Organized and abusive human smuggling activities.

Sec. 3713. Preventing criminals from renouncing citizenship during wartime.

Sec. 3714. Diplomatic security service.

Sec. 3715. Secure alternatives programs.

Sec. 3716. Oversight of detention facilities.

Sec. 3717. Procedures for bond hearings and filing of notices to appear.

Sec. 3718. Sanctions for countries that delay or prevent repatriation of their nationals.

Sec. 3719. Gross violations of human rights.

Sec. 3720. Reporting and recordkeeping requirements relating to the detention of aliens.

Sec. 3721. Powers of immigration officers and employees at sensitive locations.

Subtitle H—Protection of Children Affected by Immigration Enforcement

Sec. 3801. Short title.

Sec. 3802. Definitions.

Sec. 3803. Apprehension procedures for immigration enforcement-related activities.

Sec. 3804. Access to children, State and local courts, child welfare agencies, and consular officials.

Sec. 3805. Mandatory training.

Sec. 3806. Rulemaking.

Sec. 3807. Severability.

Title IV—Reforms to nonimmigrant visa programs

Subtitle A—Employment-Based nonimmigrant visas

Sec. 4101. Market-based H–1B visa limits.

Sec. 4102. Employment authorization for dependents of employment-based nonimmigrants.

Sec. 4103. Eliminating impediments to worker mobility.

Sec. 4104. STEM education and training.

Sec. 4105. H–1B and L visa fees.

Subtitle B—H–1B visa fraud and abuse protections

Chapter 1—H–1B Employer Application Requirements

Sec. 4211. Modification of application requirements.

Sec. 4212. Requirements for admission of nonimmigrant nurses in health professional shortage areas.

Sec. 4213. New application requirements.

Sec. 4214. Application review requirements.

Chapter 2—Investigation and Disposition of Complaints Against H–1B Employers

Sec. 4221. General modification of procedures for investigation and disposition.

Sec. 4222. Investigation, working conditions, and penalties.

Sec. 4223. Initiation of investigations.

Sec. 4224. Information sharing.

Sec. 4225. Transparency of high-skilled immigration programs.

Chapter 3—Other protections

Sec. 4231. Posting available positions through the Department of Labor.

Sec. 4232. Requirements for information for H–1B and L nonimmigrants.

Sec. 4233. Filing fee for H–1B-dependent employers.

Sec. 4234. Providing premium processing of employment-based visa petitions.

Sec. 4235. Technical correction.

Sec. 4236. Application.

Sec. 4237. Portability for beneficiaries of immigrant petitions.

Subtitle C—L visa fraud and abuse protections

Sec. 4301. Prohibition on outplacement of L nonimmigrants.

Sec. 4302. L employer petition requirements for employment at new offices.

Sec. 4303. Cooperation with Secretary of State.

Sec. 4304. Limitation on employment of L nonimmigrants.

Sec. 4305. Filing fee for L nonimmigrants.

Sec. 4306. Investigation and disposition of complaints against L nonimmigrant employers.

Sec. 4307. Penalties.

Sec. 4308. Prohibition on retaliation against L nonimmigrants.

Sec. 4309. Reports on L nonimmigrants.

Sec. 4310. Application.

Sec. 4311. Report on L blanket petition process.

Subtitle D—Other nonimmigrant visas

Sec. 4401. Nonimmigrant visas for students.

Sec. 4402. Classification for specialty occupation workers from free trade countries.

Sec. 4403. E-visa reform.

Sec. 4404. Other changes to nonimmigrant visas.

Sec. 4405. Treatment of nonimmigrants during adjudication of application.

Sec. 4406. Nonimmigrant elementary and secondary school students.

Sec. 4407. J–1 Summer Work Travel Visa Exchange Visitor Program fee.

Sec. 4408. J visa eligibility for speakers of certain foreign languages.

Sec. 4409. F–1 visa fee.

Sec. 4410. Pilot program for remote B nonimmigrant visa interviews.

Sec. 4411. Providing consular officers with access to all terrorist databases and requiring heightened scrutiny of applications for admission from persons listed on terrorist databases.

Sec. 4412. Visa revocation information.

Sec. 4413. Status for certain battered spouses and children.

Sec. 4414. Nonimmigrant crewmen landing temporarily in Hawaii.

Sec. 4415. Treatment of compact of free association migrants.

Subtitle E—JOLT Act

Sec. 4501. Short titles.

Sec. 4502. Premium processing.

Sec. 4503. Encouraging Canadian tourism to the United States.

Sec. 4504. Retiree visa.

Sec. 4505. Incentives for foreign visitors visiting the United States during low peak seasons.

Sec. 4506. Visa waiver program enhanced security and reform.

Sec. 4507. Expediting entry for priority visitors.

Sec. 4508. Visa processing.

Sec. 4509. B visa fee.

Subtitle F—Reforms to the H–2B Visa Program

Sec. 4601. Extension of returning worker exemption to H–2B numerical limitation.

Sec. 4602. Other requirements for H–2B employers.

Sec. 4603. Executives and managers.

Sec. 4604. Honoraria.

Sec. 4605. Nonimmigrants participating in relief operations.

Sec. 4606. Nonimmigrants performing maintenance on common carriers.

Sec. 4607. American jobs in American forests.

Subtitle G—W nonimmigrant visas

Sec. 4701. Bureau of Immigration and Labor Market Research.

Sec. 4702. Nonimmigrant classification for W nonimmigrants.

Sec. 4703. Admission of W nonimmigrant workers.

Subtitle H—Investing in new venture, entrepreneurial startups, and technologies

Sec. 4801. Nonimmigrant INVEST visas.

Sec. 4802. INVEST immigrant visa.

Sec. 4803. Administration and oversight.

Sec. 4804. Permanent authorization of EB–5 Regional Center Program.

Sec. 4805. Conditional permanent resident status for certain employment-based immigrants, spouses, and children.

Sec. 4806. EB–5 visa reforms.

Sec. 4807. Authorization of appropriations.

Subtitle I—Student and Exchange Visitor Programs

Sec. 4901. Short title.

Sec. 4902. SEVIS and SEVP defined.

Sec. 4903. Increased criminal penalties.

Sec. 4904. Accreditation requirement.

Sec. 4905. Other academic institutions.

Sec. 4906. Penalties for failure to comply with SEVIS reporting requirements.

Sec. 4907. Visa fraud.

Sec. 4908. Background checks.

Sec. 4909. Revocation of authority to issue Form I–20 of flight schools not certified by the Federal Aviation Administration.

Sec. 4910. Revocation of accreditation.

Sec. 4911. Report on risk assessment.

Sec. 4912. Implementation of GAO recommendations.

Sec. 4913. Implementation of SEVIS II.

2.

Statement of congressional findings

Congress makes the following findings:

(1)

The passage of this Act recognizes that the primary tenets of its success depend on securing the sovereignty of the United States of America and establishing a coherent and just system for integrating those who seek to join American society.

(2)

We have a right, and duty, to maintain and secure our borders, and to keep our country safe and prosperous. As a Nation founded, built and sustained by immigrants we also have a responsibility to harness the power of that tradition in a balanced way that secures a more prosperous future for America.

(3)

We have always welcomed newcomers to the United States and will continue to do so. But in order to qualify for the honor and privilege of eventual citizenship, our laws must be followed. The world depends on America to be strong—economically, militarily and ethically. The establishment of a stable, just, and efficient immigration system only supports those goals. As a Nation, we have the right and responsibility to make our borders safe, to establish clear and just rules for seeking citizenship, to control the flow of legal immigration, and to eliminate illegal immigration, which in some cases has become a threat to our national security.

(4)

All parts of this Act are premised on the right and need of the United States to achieve these goals, and to protect its borders and maintain its sovereignty.

3.

Reports on current border security status

(a)

In general

Not later than 90 days after the date of the enactment of this Act, every 180 days thereafter until the Comptroller General of the United States reports on the results of the review described in section 4(c)(7)(B)(ii), and every 365 days after the date of such report, the Secretary of Homeland Security shall submit to the appropriate congressional committees and the Government Accountability Office a report that assesses and describes the state of situational awareness and operational control. Such reports shall include an identification of the high traffic areas and the illegal border crossing effectiveness rate for each sector along the northern and southern borders of the United States that are within the responsibility of the Border Patrol.

(b)

GAO Report

Not later than 90 days after receiving the initial report required under subsection (a), the Comptroller General of the United States shall report to the appropriate congressional committees regarding the verification of the data and methodology used to determine high traffic areas and the illegal border crossing effectiveness rate.

4.

Border security metrics and goals

(a)

Definitions

In this section:

(1)

Appropriate congressional committees

The term appropriate congressional committees means the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.

(2)

Border Security Results Strategy

The term Border Security Results Strategy means the strategy established by the Secretary pursuant to section 6.

(3)

Cocaine removal effectiveness rate

The term cocaine removal effectiveness rate means the percentage that results from dividing the amount of cocaine removed by the Department of Homeland Security’s maritime security components inside or outside a transit zone, as the case may be, by the total documented cocaine flow rate as contained in Federal drug databases.

(4)

Consequence Delivery System

The term Consequence Delivery System means the series of consequences applied to persons illegally entering the United States by the Border Patrol to prevent illegal border crossing recidivism.

(5)

Got away

The term got away means an illegal border crosser who, after making an illegal entry into the United States, is not turned back or apprehended.

(6)

High traffic areas

The term high traffic areas means sectors along the northern and southern borders of the United States that are within the responsibility of the Border Patrol that have the most illicit cross-border activity, informed through situational awareness.

(7)

Illegal border crossing effectiveness rate

The term illegal border crossing effectiveness rate means the percentage that results from dividing the number of apprehensions and turn backs by the number of apprehensions, turn backs, and got aways. The data used by the Secretary of Homeland Security to determine such rate shall be collected and reported in a consistent and standardized manner across all Border Patrol sectors.

(8)

Major violator

The term major violator means a person or entity that has engaged in serious criminal activities at any land, air, or sea port of entry, including possession of illicit drugs, smuggling of prohibited products, human smuggling, weapons possession, use of fraudulent United States documents, or other offenses serious enough to result in arrest.

(9)

Operational control

The term operational control means a condition in which there is a not lower than 90 percent illegal border crossing effectiveness rate, informed by situational awareness, and a significant reduction in the movement of illicit drugs and other contraband through such areas is being achieved.

(10)

Situational awareness

The term situational awareness means knowledge and an understanding of current illicit cross-border activity, including cross-border threats and trends concerning illicit trafficking and unlawful crossings along the international borders of the United States and in the maritime environment, and the ability to forecast future shifts in such threats and trends.

(11)

Transit zone

The term transit zone means the sea corridors of the western Atlantic Ocean, the Gulf of Mexico, the Caribbean Sea, and the eastern Pacific Ocean through which undocumented migrants and illicit drugs transit, either directly or indirectly, to the United States.

(12)

Turn back

The term turn back means an illegal border crosser who, after making an illegal entry into the United States, returns to the country from which such crosser entered.

(b)

Border security goal

The Department’s border security goal is to gain and maintain situational awareness, and operational control of high traffic areas and operational control along the southwest border of the United States.

(c)

Metrics

(1)

Metrics For Securing The Border Between Ports Of Entry

Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall implement metrics, informed by situational awareness, to measure the effectiveness of security between ports of entry, which shall include, at a minimum, the following:

(A)

An illegal border crossing effectiveness rate, informed by situational awareness.

(B)

An illicit drugs seizure rate which measures the amount and type of illicit drugs seized by the Border Patrol in any fiscal year compared to an average of the amount and type of illicit drugs seized by the Border Patrol for the immediately preceding five fiscal years.

(C)

A cocaine seizure effectiveness rate measured as a percentage that results from dividing the amount of cocaine seized by the Border Patrol by the total documented cocaine flow rate as contained in Federal drug databases.

(D)

Estimates, using alternative methodologies, including recidivism data, survey data, known-flow data, and technologically measured data, of total attempted illegal border crossings, total deaths and injuries resulting from such attempted illegal border crossings, the rate of apprehension of attempted illegal border crossers, and the inflow into the United States of illegal border crossers who evade apprehension.

(E)

Estimates of the impact of the Border Patrol’s Consequence Delivery System on the rate of recidivism of illegal border crossers.

(2)

Metrics For Securing The Border At Ports Of Entry

(A)

In general

Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall implement metrics, informed by situational awareness, to measure the effectiveness of security at ports of entry, which shall include, at a minimum, the following:

(i)

An inadmissible border crossing rate which measures the number of known inadmissible border crossers who are apprehended, excluding those border crossers who voluntarily withdraw their applications for admission, against the total estimated number of inadmissible border crossers U.S. Customs and Border Protection fails to apprehend.

(ii)

An illicit drugs seizure rate which measures the amount and type of illicit drugs seized by U.S. Customs and Border Protection in any fiscal year compared to an average of the amount and type of illicit drugs seized by U.S. Customs and Border Protection for the immediately preceding five fiscal years.

(iii)

A cocaine seizure effectiveness rate measured as a percentage that results from dividing the amount of cocaine seized by U.S. Customs and Border Protection by the total documented cocaine flow rate as contained in Federal drug databases.

(iv)

Estimates, using alternative methodologies, including survey data and randomized secondary screening data, of total attempted inadmissible border crossers, the rate of apprehension of attempted inadmissible border crossers, and the inflow into the United States of inadmissible border crossers who evade apprehension.

(v)

The number of infractions related to personnel and cargo committed by major violators who are apprehended by U.S. Customs and Border Protection at ports of entry, and the estimated number of such infractions committed by major violators who are not so apprehended.

(vi)

A measurement of how border security operations affect crossing times.

(B)

Covert testing

The Inspector General of the Department of Homeland Security shall carry out covert testing at ports of entry and submit to the Secretary of Homeland Security and the appropriate congressional committees a report that contains the results of such testing. The Secretary shall use such results to inform activities under this subsection.

(3)

Metrics For Securing The Maritime Border

Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall implement metrics, informed by situational awareness, to measure the effectiveness of security in the maritime environment, which shall include, at a minimum, the following:

(A)

An estimate of the total number of undocumented migrants the Department of Homeland Security’s maritime security components fail to interdict.

(B)

An undocumented migrant interdiction rate which measures the number of undocumented migrants interdicted against the total estimated number of undocumented migrants the Department of Homeland Security’s maritime security components fail to interdict.

(C)

An illicit drugs removal rate which measures the amount and type of illicit drugs removed by the Department of Homeland Security’s maritime security components inside a transit zone in any fiscal year compared to an average of the amount and type of illicit drugs removed by the Department of Homeland Security’s maritime security components inside a transit zone for the immediately preceding five fiscal years.

(D)

An illicit drugs removal rate which measures the amount of illicit drugs removed by the Department of Homeland Security’s maritime security components outside a transit zone in any fiscal year compared to an average of the amount of illicit drugs removed by the Department of Homeland Security’s maritime security components outside a transit zone for the immediately preceding five fiscal years.

(E)

A cocaine removal effectiveness rate inside a transit zone.

(F)

A cocaine removal effectiveness rate outside a transit zone.

(G)

A response rate which measures the Department of Homeland Security’s ability to respond to and resolve known maritime threats, both inside and outside a transit zone, by placing assets on-scene, compared to the total number of events with respect to which the Department has known threat information.

(4)

Collaboration

The Secretary of Homeland Security shall collaborate with the head of a national laboratory within the Department of Homeland Security laboratory network with prior expertise in border security and the head of a border security university-based center within the Department of Homeland Security centers of excellence network to develop the metrics required under paragraphs (1), (2), and (3) to ensure the suitability and statistical validity of each such metric. Such collaboration shall also include consultation by the Secretary with the Governors of every border State and representatives of the Border Patrol and U.S. Customs and Border Protection.

(5)

Recommendations Relating To Certain Other Metrics

In carrying out paragraph (4), the head of the national laboratory and the head of a border security university-based center referred to in such subsection shall make recommendations to the Secretary of Homeland Security for other suitable metrics that may be used to measure the effectiveness of border security.

(6)

Evaluation By The Government Accountability Office

(A)

In general

The Secretary of Homeland Security shall make available to the Government Accountability Office the data and methodology used to develop the metrics implemented under paragraphs (1), (2), and (3).

(B)

Report

Not later than 270 days after receiving the data and methodology referred to in subparagraph (A), the Comptroller General of the United States shall submit to the appropriate congressional committees a report on the suitability and statistical validity of such data and methodology.

(7)

Certifications And Reports Relating To Operational Control

(A)

By the Secretary of Homeland Security

(i)

Two years

If the Secretary of Homeland Security determines that situational awareness and operational control of high traffic areas have been achieved by the date that is not later than two years after the date of the submission of the implementation plan required under section 6(c), the Secretary shall submit to the appropriate congressional committees and the Comptroller General of the United States a certification that so attests.

(ii)

Five years

If the Secretary of Homeland Security determines that operational control along the southwest border of the United States has been achieved by the date that is not later than five years after the date of the submission of the implementation plan required under section 6(c), the Secretary shall submit to the appropriate congressional committees and the Comptroller General of the United States a certification that so attests.

(iii)

Annual updates

Every year beginning with the year after the Secretary of Homeland Security submits the certification under clause (ii), if the Secretary determines that operational control along the southwest border of the United States is being maintained, the Secretary shall submit to the appropriate congressional committees and the Comptroller General of the United States a certification that so attests.

(B)

By the Comptroller General

(i)

Reviews

The Comptroller General of the United States shall review the certifications of the Secretary of Homeland Security under clauses (i), (ii), and (iii) of subparagraph (A) to assess the certifications of the Secretary relating to the achievement of situational awareness, operational control, or both, as the case may be, in accordance with such clauses.

(ii)

Reports

Not later than 120 days after conducting the reviews described in clause (i), the Comptroller General of the United States shall submit to the appropriate congressional committees a report on the results of each such review.

(8)

Failure To Achieve Situational Awareness Or Operational Control

If the Secretary of Homeland Security determines that situational awareness, operational control, or both, as the case may be, has not been achieved by the dates referred to in clauses (i) and (ii) of paragraph (7)(A), as the case may be, or if the Secretary determines that operational control is not being annually maintained pursuant to clause (iii) of such paragraph, the Secretary shall, not later than 60 days after such dates, submit to the appropriate congressional committees a report that describes why situational awareness or operational control, or both, as the case may be, was not achieved. Such report shall include, at a minimum, impediments incurred, potential remedies, and recommendations to achieve situational awareness, operational control, or both, as the case may be.

(9)

Government Accountability Office Report On Border Security Duplication And Cost Effectiveness

Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report addressing areas of overlap in responsibilities within the border security functions of the Department of Homeland Security and the relative cost effectiveness of border security strategies, including deployment of additional personnel and technology, and construction of virtual and physical barriers.

5.

Southern Border Security Commission

(a)

Establishment

If the Secretary certifies that the Department has not achieved the border security goal described in section 4(b) during any fiscal year beginning before the date that is 5 years after the date of the enactment of this Act, not later than 60 days after such certification, there shall be established a commission to be known as the ‘‘Southern Border Security Commission’’ (referred to in this section as the ‘‘Commission’’).

(b)

Composition

(1)

In general

The Commission shall be composed of—

(A)

2 members who shall be appointed by the President;

(B)

2 members who shall be appointed by the President pro tempore of the Senate, of which—

(i)

1 shall be appointed upon the recommendation of the leader in the Senate of the political party that is not the political party of the President; and

(ii)

1 shall be appointed upon the recommendation of the leader in the Senate of the other political party;

(C)

2 members who shall be appointed by the Speaker of the House of Representatives, of which—

(i)

1 shall be appointed upon the recommendation of the leader in the House of Representatives of the political party that is not the political party of the President; and

(ii)

1 shall be appointed upon the recommendation of the leader in the House of Representatives of the other political party; and

(D)

4 members, consisting of 1 member from each of the States along the Southern border, who shall be—

(i)

the Governor of such State; or

(ii)

appointed by the Governor of each such State.

(2)

Qualification for appointment

Appointed members of the Commission shall be distinguished individuals noted for their knowledge and experience in the field of border security at the Federal, State, or local level.

(3)

Time of appointment

The appointments required by paragraph (1) shall be made not later than 60 days after the Secretary makes a certification described in subsection (a).

(4)

Chair

At the first meeting of the Commission, a majority of the members of the Commission present and voting shall elect the Chair of the Commission.

(5)

Vacancies

Any vacancy of the Commission shall not affect its powers, but shall be filled in the manner in which the original appointment was made.

(6)

Rules

The Commission shall establish the rules and procedures of the Commission which shall require the approval of at least 6 members of the Commission.

(c)

Duties

The Commission’s primary responsibility shall be to make recommendations to the President, the Secretary, and Congress on policies to achieve and maintain the border security goal specified in section 3(b) by achieving and maintaining—

(1)

the capability to engage in, and engaging in, persistent surveillance in border sectors along the Southern border; and

(2)

an effectiveness rate of 90 percent or higher in all border sectors along the Southern border.

(d)

Report

Not later than 180 days after the end of the 5-year period described in subsection (a), the Commission shall submit to the President, the Secretary, and Congress a report setting forth specific recommendations for policies for achieving and maintaining the border security goals specified in subsection (c). The report shall include, at a minimum, recommendations for the personnel, infrastructure, technology, and other resources required to achieve and maintain an effectiveness rate of 90 percent or higher in all border sectors.

(e)

Travel expenses

Members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.

(f)

Administrative support

The Secretary shall provide the Commission such staff and administrative services as may be necessary and appropriate for the Commission to perform its functions. Any employee of the executive branch of Government may be detailed to the Commission without reimbursement to the agency of that employee and such detail shall be without interruption or loss of civil service or status or privilege.

(g)

Comptroller General review

The Comptroller General of the United States shall review the recommendations in the report submitted under subsection (d) in order to determine—

(1)

whether any of the recommendations are likely to achieve effective control in all border sectors;

(2)

which recommendations are most likely to achieve effective control; and

(3)

whether such recommendations are feasible within existing budget constraints.

(h)

Termination

The Commission shall terminate 30 days after the date on which the report is submitted under subsection (d).

6.

Border Security Results Strategy

(a)

Strategy To Secure the Border

Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the appropriate congressional committees a comprehensive strategy for gaining and maintaining situational awareness, and operational control of high traffic areas, by the date that is not later than two years after the date of the submission of the implementation plan required under subsection (c), and operational control along the southwest border of the United States by the date that is not later than five years after such date of submission.

(b)

Contents of Strategy

The strategy required under subsection (a) shall include, at a minimum, a consideration of the following:

(1)

An assessment of principal border security threats, including threats relating to the smuggling and trafficking of humans, weapons, and illicit drugs.

(2)

Efforts to analyze and disseminate border security and border threat information between Department of Homeland Security border security components and with other appropriate Federal departments and agencies with missions associated with the border.

(3)

Efforts to increase situational awareness, in accordance with privacy, civil liberties, and civil rights protections, including—

(A)

surveillance capabilities developed or utilized by the Department of Defense, including any technology determined to be excess by the Department of Defense; and

(B)

use of manned aircraft and unmanned aerial systems, including camera and sensor technology deployed on such assets.

(4)

Efforts to detect and prevent terrorists and instruments of terrorism from entering the United States.

(5)

Efforts to ensure that any new border security technology can be operationally integrated with existing technologies in use by the Department of Homeland Security.

(6)

An assessment of existing efforts and technologies used for border security and the effect of the use of such efforts and technologies on civil rights, private property rights, privacy rights, and civil liberties.

(7)

Technology required to maintain, support, and enhance security and facilitate trade at ports of entry, including nonintrusive detection equipment, radiation detection equipment, biometric technology, surveillance systems, and other sensors and technology that the Secretary of Homeland Security determines necessary.

(8)

Operational coordination of Department of Homeland Security border security components.

(9)

Lessons learned from Operation Jumpstart and Operation Phalanx.

(10)

Cooperative agreements and information sharing with State, local, tribal, territorial, and other Federal law enforcement agencies that have jurisdiction on the northern or southern borders, or in the maritime environment.

(11)

Border security information received from consultation with State, local, tribal, and Federal law enforcement agencies that have jurisdiction on the northern or southern border, or in the maritime environment, and from border community stakeholders (including through public meetings with such stakeholders), including representatives from border agricultural and ranching organizations and representatives from business and civic organizations along the northern or southern border.

(12)

Agreements with foreign governments that support the border security efforts of the United States, including coordinated installation of standardized land border inspection technology, such as license plate readers and RFID readers.

(13)

Staffing requirements for all border security functions.

(14)

A prioritized list of research and development objectives to enhance the security of the international land and maritime borders of the United States.

(15)

An assessment of training programs, including training programs regarding—

(A)

identifying and detecting fraudulent documents;

(B)

protecting the civil, constitutional, human, and privacy rights of individuals;

(C)

understanding the scope of enforcement authorities and the use of force policies;

(D)

screening, identifying, and addressing vulnerable populations, such as children and victims of human trafficking; and

(E)

social and cultural sensitivity toward border communities.

(16)

Local crime indices of municipalities and counties along the Southern border.

(17)

An assessment of how border security operations affect crossing times.

(18)

Metrics required under paragraphs (1), (2), and (3) of section 4(c).

(c)

Implementation plan

(1)

In general

Not later than 90 days after the submission of the strategy required under subsection (a), the Secretary of Homeland Security shall submit to the appropriate congressional committees and the Government Accountability Office an implementation plan for each of the Department of Homeland Security border security components to carry out such strategy. Such implementation plan shall, at a minimum—

(A)

specify what protections will be put in place to ensure that staffing and resources necessary for the maintenance of operations at ports of entry are not diverted to the detriment of such operations in favor of operations between ports of entry;

(B)

include—

(i)

an integrated master schedule and cost estimate, including lifecycle costs, for the activities contained in such implementation plan; and

(ii)

a comprehensive border security technology plan to improve surveillance capabilities that includes—

(I)

a documented justification and rationale for technology choices;

(II)

deployment locations;

(III)

fixed versus mobile assets;

(IV)

a timetable for procurement and deployment;

(V)

estimates of operation and maintenance costs;

(VI)

an identification of any impediments to the deployment of such technologies; and

(VII)

estimates of the relative cost effectiveness of various border security strategies and operations, including deployment of personnel and technology, and construction of new physical and virtual barriers; and

(C)

require consultation with the Secretary of the Interior, the Secretary of Agriculture, States, local governments, and property owners in the United States to minimize the impact on the environment, culture, commerce, and quality of life for the communities and residents located near implementation sites.

(2)

Government Accountability Office Review

Not later than 90 days after receiving the implementation plan in accordance with paragraph (1), the Comptroller General of the United States shall submit to the appropriate congressional committees a report on such plan.

(3)

Savings provision

Nothing in paragraph (1) may be construed to—

(A)

create or negate any right of action for a State or local government or other person or entity affected by that paragraph; or

(B)

affect the eminent domain laws of the United States or of any State.

(4)

Limitation on requirements

Notwithstanding paragraph (1)(B)(ii)(VII) of this subsection, nothing in this subsection shall require the Secretary to install fencing, or infrastructure that directly results from the installation of such fencing, in a particular location along the Southern border, if the Secretary determines that the use or placement of such resources is not the most appropriate means to achieve and maintain effective control over the Southern border at such location.

(d)

Periodic Updates

Not later than 180 days after the submission of each Quadrennial Homeland Security Review required under section 707 of the Homeland Security Act of 2002 ( 6 U.S.C. 347 ) beginning with the first such Review that is due after the implementation plan is submitted under subsection (c), the Secretary of Homeland Security shall submit to the appropriate congressional committees an updated—

(1)

strategy under subsection (a); and

(2)

implementation plan under subsection (c).

(e)

Reports

Not later than 60 days after the date of the enactment of this Act and annually thereafter, the Secretary of Homeland Security shall submit to the appropriate congressional committees a report on the following:

(1)

A resource allocation model for current and future year staffing requirements that includes optimal staffing levels at all land, air, and sea ports of entry, and an explanation of U.S. Customs and Border Protection methodology for aligning staffing levels and workload to threats and vulnerabilities and their effects on cross border trade and passenger travel across all mission areas.

(2)

Detailed information on the level of manpower available at all land, air, and sea ports of entry and between ports of entry, including the number of canine and agricultural specialists assigned to each such port of entry.

(3)

Detailed information that describes the difference between the staffing the model suggests and the actual staffing at each port of entry and between the ports of entry.

(4)

Detailed information that examines both the security impacts and competitive impacts of entering into a reimbursement agreement with foreign governments for U.S. Customs and Border Protection preclearance facilities.

(f)

Definitions

The terms in this section have the meanings given those terms in section 4.

7.

US–VISIT Implementation

Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the appropriate congressional committees a plan to implement immediately a biometric exit capability at ports of entry under the US–VISIT program, in accordance with the Enhanced Security and Visa Entry Reform Act of 2002 ( Public Law 107–173 ). If the Secretary determines that development of such a system is not feasible, the Secretary shall, not later than 180 days after the date of the enactment of this Act, submit to the appropriate congressional committees a plan to implement, not later than two years after such date of enactment, an alternative program to provide the same level of security.

8.

Alternate model for border security strategy development

(a)

Effective date triggers

(1)

Definitions

In this section:

(A)

Commission

The term Commission means the Southern Border Security Commission established pursuant to section 5.

(B)

Comprehensive Southern Border Security Strategy

The term Comprehensive Southern Border Security Strategy means the strategy established by the Secretary pursuant to subsection (b)(1) to achieve and maintain an effectiveness rate of 90 percent or higher in all border sectors.

(C)

Effective Control

The term effective control means the ability to achieve and maintain, in a Border Patrol sector—

(i)

persistent surveillance; and

(ii)

an effectiveness rate of 90 percent or higher.

(D)

Effectiveness rate

The term effectiveness rate, in the case of a border sector, is the percentage calculated by dividing the number of apprehensions and turn backs in the sector during a fiscal year by the total number of illegal entries in the sector during such fiscal year.

(E)

Southern border

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

(F)

Southern Border Fencing Strategy

The term Southern Border Fencing Strategy means the strategy established by the Secretary pursuant to subsection (b)(2) that identifies where fencing (including double-layer fencing), infrastructure, and technology, including at ports of entry, should be deployed along the Southern border.

(2)

Border Security Goal

The Department’s border security goal is to achieve and maintain effective control in all border sectors along the Southern border.

(3)

Triggers

(A)

Processing of applications for registered provisional immigrant status

Not earlier than the date upon which the Secretary has submitted to Congress the Notice of Commencement of implementation of the Comprehensive Southern Border Security Strategy and the Southern Border Fencing Strategy under section 5 of this Act, the Secretary may commence processing applications for registered provisional immigrant status pursuant to section 245B of the Immigration and Nationality Act, as added by section 2101 of this Act.

(B)

Adjustment of status of registered provisional immigrants

(i)

In general

Except as provided in clause (ii), the Secretary may not adjust the status of aliens who have been granted registered provisional immigrant status, except for aliens granted blue card status under section 2201 of this Act or described in section 245D(b) of the Immigration and Nationality Act, until the Secretary, after consultation with the Comptroller General of the United States, submits to the President and Congress a written certification that—

(I)

the Comprehensive Southern Border Security Strategy has been submitted to Congress and is substantially deployed and substantially operational;

(II)

the Southern Border Fencing Strategy has been submitted to Congress, implemented, and is substantially completed;

(III)

the Secretary has implemented the mandatory employment verification system required by section 274A of the Immigration and Nationality Act (8 U.S.C.1324a), as amended by section 3101, for use by all employers to prevent unauthorized workers from obtaining employment in the United States; and

(IV)

the Secretary is using an electronic exit system at air and sea ports of entry that operates by collecting machine readable visa or passport information from air and vessel carriers.

(ii)

Exception

The Secretary shall permit registered provisional immigrants to apply for an adjustment to lawful permanent resident status if—

(I)
(aa)

litigation or a force majeure has prevented 1 or more of the conditions described in subclauses (I) through (IV) of clause (i) from being implemented; or

(bb)

the implementation of clause (i) has been held unconstitutional by the Supreme Court of the United States or the Supreme Court has granted certiorari to the litigation on the constitutionality of implementation of clause (i); and

(II)

10 years have elapsed since the date of the enactment of this Act.

(4)

Waiver of legal requirements necessary for improvement at borders

Notwithstanding any other provision of law, the Secretary is authorized to waive all legal requirements that the Secretary determines to be necessary to ensure expeditious construction of the barriers, roads, or other physical tactical infrastructure needed to fulfill the requirements under this section. Any determination by the Secretary under this section shall be effective upon publication in the Federal Register of a notice that specifies each law that is being waived and the Secretary’s explanation for the determination to waive that law. The waiver shall expire on the later of the date on which the Secretary submits the written certification that the Southern Border Fencing Strategy is substantially completed as specified in paragraph (3)(B)(i)(II) or the date that the Secretary submits the written certification that the Comprehensive Southern Border Security Strategy is substantially deployed and substantially operational as specified in paragraph (3)(B)(i)(I).

(5)

Federal court review

(A)

In general

The district courts of the United States shall have exclusive jurisdiction to hear all causes or claims arising from any action undertaken, or any decision made, by the Secretary under paragraph (4). A cause of action or claim may only be brought alleging a violation of the Constitution of the United States. The court does not have jurisdiction to hear any claim not specified in this subparagraph.

(B)

Time for filing complaint

If a cause or claim under subparagraph (A) is not filed within 60 days after the date of the contested action or decision by the Secretary, the claim shall be barred.

(C)

Appellate review

An interlocutory or final judgment, decree, or order of the district court may be reviewed only upon petition for a writ of certiorari to the Supreme Court of the United States.

(b)

Comprehensive Southern Border Security Strategy and Southern Border Fencing Strategy

(1)

Comprehensive Southern Border Security Strategy

(A)

In general

Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a strategy, to be known as the Comprehensive Southern Border Security Strategy, for achieving and maintaining effective control between the ports of entry in all border sectors along the Southern border, to—

(i)

the Committee on Homeland Security and Governmental Affairs of the Senate;

(ii)

the Committee on Homeland Security of the House of Representatives;

(iii)

the Committee on Appropriations of the Senate;

(iv)

the Committee on Appropriations of the House of Representatives;

(v)

the Committee on the Judiciary of the Senate;

(vi)

the Committee on the Judiciary of the House of Representatives; and

(vii)

the Comptroller General of the United States.

(B)

Elements

The Comprehensive Southern Border Security Strategy shall specify—

(i)

the priorities that must be met for the strategy to be successfully executed;

(ii)

the capabilities that must be obtained to meet each of the priorities referred to in clause (i), including—

(I)

surveillance and detection capabilities developed or used by the Department of Defense to increase situational awareness; and

(II)

the requirement for stationing sufficient Border Patrol agents and Customs and Border Protection officers between and at ports of entry along the Southern border; and

(iii)

the resources, including personnel, infrastructure, and technology that must be procured and successfully deployed to obtain the capabilities referred to in clause (ii), including—

(I)

fixed, mobile, and agent portable surveillance systems; and

(II)

unarmed, unmanned aerial systems and unarmed, fixed-wing aircraft and necessary and qualified staff and equipment to fully utilize such systems.

(C)

Additional elements regarding execution

The Comprehensive Southern Border Security Strategy shall describe—

(i)

how the resources referred to in subparagraph (B)(iii) will be properly aligned with the priorities referred to in subparagraph (B)(i) to ensure that the strategy will be successfully executed;

(ii)

the interim goals that must be accomplished to successfully implement the strategy; and

(iii)

the schedule and supporting milestones under which the Department will accomplish the interim goals referred to in clause (ii).

(D)

Implementation

(i)

In general

The Secretary shall commence the implementation of the Comprehensive Southern Border Security Strategy immediately after submitting the strategy under subparagraph (A).

(ii)

Notice of commencement

Upon commencing the implementation of the strategy, the Secretary shall submit a notice of commencement of such implementation to—

(I)

Congress; and

(II)

the Comptroller General of the United States.

(E)

Semiannual reports

(i)

In general

Not later than 180 days after the Comprehensive Southern Border Security Strategy is submitted under subparagraph (A), and every 180 days thereafter, the Secretary shall submit a report on the status of the Department’s implementation of the strategy to—

(I)

the Committee on Homeland Security and Governmental Affairs of the Senate;

(II)

the Committee on Homeland Security of the House of Representatives;

(III)

the Committee on Appropriations of the Senate;

(IV)

the Committee on Appropriations of the House of Representatives;

(V)

the Committee on the Judiciary of the Senate;

(VI)

the Committee on the Judiciary of the House of Representatives; and

(VII)

the Comptroller General of the United States.

(ii)

Elements

Each report submitted under clause (i) shall include—

(I)

a detailed description of the steps the Department has taken, or plans to take, to execute the strategy submitted under subparagraph (A), including the progress made toward achieving the interim goals and milestone schedule established pursuant to clauses (ii) and (iii) of subparagraph (C);

(II)

a detailed description of—

(aa)

any impediments identified in the Department’s efforts to execute the strategy;

(bb)

the actions the Department has taken, or plans to take, to address such impediments; and

(cc)

any additional measures developed by the Department to measure the state of security along the Southern border; and

(III)

for each Border Patrol sector along the Southern border—

(aa)

the effectiveness rate for each individual Border Patrol sector and the aggregated effectiveness rate;

(bb)

the number of recidivist apprehensions, sorted by Border Patrol sector; and

(cc)

the recidivism rate for all unique subjects that received.

(iii)

Annual review

The Comptroller General of the United States shall conduct an annual review of the information contained in the semiannual reports submitted by the Secretary under this paragraph and submit an assessment of the status and progress of the Southern Border Security Strategy to the committees set forth in clause (i).

(2)

Southern Border Fencing Strategy

(A)

Establishment

Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a strategy, to be known as the Southern Border Fencing Strategy, to identify where fencing (including double-layer fencing), infrastructure, and technology, including at ports of entry, should be deployed along the Southern border.

(B)

Submission

The Secretary shall submit the Southern Border Fencing Strategy to Congress and the Comptroller General of the United States for review.

(C)

Notice of commencement

Upon commencing the implementation of the Southern Border Fencing Strategy, the Secretary shall submit a notice of commencement of the implementation of the Strategy to Congress and the Comptroller General of the United States.

(D)

Consultation

(i)

In general

In implementing the Southern Border Fencing Strategy required by this paragraph, the Secretary shall consult with the Secretary of the Interior, the Secretary of Agriculture, States, local governments, Indian tribes, and property owners in the United States to minimize the impact on the environment, culture, commerce, and quality of life for the communities and residents located near the sites at which such fencing is to be constructed.

(ii)

Savings provision

Nothing in this subparagraph may be construed to—

(I)

create or negate any right of action for a State or local government or other person or entity affected by this subsection; or

(II)

affect the eminent domain laws of the United States or of any State.

(E)

Limitation on requirements

Notwithstanding subparagraph (A), nothing in this subsection shall require the Secretary to install fencing, or infrastructure that directly results from the installation of such fencing, in a particular location along the Southern border, if the Secretary determines that the use or placement of such resources is not the most appropriate means to achieve and maintain effective control over the Southern border at such location.

9.

Comprehensive Immigration Reform Funds

(a)

Comprehensive Immigration Reform Trust Fund

(1)

Establishment

There is established in the Treasury a separate account, to be known as the Comprehensive Immigration Reform Trust Fund (referred to in this section as the Trust Fund), consisting of—

(A)

amounts transferred from the general fund of the Treasury under paragraph (2)(A); and

(B)

proceeds from the fees described in paragraph (2)(B).

(2)

Deposits

(A)

Initial funding

On the later of the date of the enactment of this Act or October 1, 2013, $8,300,000,000 shall be transferred from the general fund of the Treasury to the Trust Fund.

(B)

Ongoing funding

Notwithstanding section 3302 of title 31, United States Code, in addition to the funding described in subparagraph (A), and subject to paragraphs (3)(B) and (4), the following amounts shall be deposited in the Trust Fund:

(i)

Electronic travel authorization system fees

Fees collected under section 217(h)(3)(B)(i)(II) of the Immigration and Nationality Act, as added by section 1102(c).

(ii)

Registered provisional immigrant penalties

Penalties collected under section 245B(c)(10)(C) of the Immigration and Nationality Act, as added by section 2101.

(iii)

Blue card penalty

Penalties collected under section 2211(b)(9)(C).

(iv)

Fine for adjustment from blue card status

Fines collected under section 245F(a)(5) of the Immigration and Nationality Act, as added by section 2212(a).

(v)

Penalties for false statements in applications

Fines collected under section 245F(f) of the Immigration and Nationality Act, as added by section 2212(a).

(vi)

Merit system green card fees

Fees collected under section 203(c)(6) of the Immigration and Nationality Act, as amended by section 2301(a)(2).

(vii)

H–1B and L visa fees

Fees collected under section 281(d) of the Immigration and Nationality Act, as added by section 4105.

(viii)

H–1B outplacement fee

Fees collected under section 212(n)(1)(F)(ii) of the Immigration and Nationality Act, as amended by section 4211(d).

(ix)

H–1B nonimmigrant dependent employer fees

Fees collected under section 4233(a)(2).

(x)

L nonimmigrant dependent employer fees

Fees collected under section 4305(a)(2).

(xi)

J–1 visa mitigation fees

Fees collected under section 281(e) of the Immigration and Nationality Act, as added by section 4407.

(xii)

F–1 visa fees

Fees collected under section 281(f) of the Immigration and Nationality Act, as added by section 4408.

(xiii)

Retiree visa fees

Fees collected under section 214(w)(1)(B) of the Immigration and Nationality Act, as added by section 4504(b).

(xiv)

Visitor visa fees

Fees collected under section 281(g) of the Immigration and Nationality Act, as added by section 4509.

(xv)

H–2B visa fees

Fees collected under section 214(x)(5)(A) of the Immigration and Nationality Act, as added by section 4602(a).

(xvi)

Nonimmigrants performing maintenance on common carriers

Fees collected under section 214(z) of the Immigration and Nationality Act, as added by section 4604.

(xvii)

X–1 visa fees

Fees collected under section 214(s)(6) of the Immigration and Nationality Act, as added by section 4801.

(xviii)

Penalty for adjustment from registered provisional immigrant status

Penalties collected under section 245C(c)(5)(B) of the Immigration and Nationality Act, as added by section 2102.

(C)

Authority to adjust fees

As necessary to carry out the purposes of this Act, the Secretary may adjust the amounts of the fees and penalties set out under subparagraph (B), except for the fines and penalties referred to in clauses (ii), (iii), (iv), or (xviii) of such subparagraph.

(3)

Use of funds

(A)

Initial funding

Of the amounts transferred to the Trust Fund pursuant to paragraph (2)(A)

(i)

$3,000,000,000 shall remain available for the 5-year period beginning on the date specified in paragraph (2)(A) for use by the Secretary to carry out the Border Security Results Strategy;

(ii)

$2,000,000,000 shall remain available for the 10-year period beginning on the date specified in paragraph (2)(A) for use by the Secretary to carry out programs, projects, and activities recommended by the Commission pursuant to section 5(d) to achieve and maintain the border security goal specified in section 4(b);

(iii)

$1,500,000,000 shall be made available to the Secretary, during the 5-year period beginning on the date of the enactment of this Act, to procure and deploy fencing, infrastructure, personnel, and technology in accordance with the Border Security Results Strategy established pursuant to section 6, not less than $1,000,000,000 of which shall be used for fencing, infrastructure, personnel, and technology at ports of entry in accordance with section 6(c)(1)(A);

(iv)

$750,000,000 shall remain available for the 6-year period beginning on the date specified in paragraph (2)(A) for use by the Secretary to expand and implement the mandatory employment verification system, which shall be used as required by section 274A of the Immigration and Nationality Act ( 8 U.S.C. 1324a ), as amended by section 3101;

(v)

$900,000,000 shall remain available for the 8-year period beginning on the date specified in paragraph (2)(A) for use by the Secretary of State to pay for one-time and startup costs necessary to implement this Act; and

(vi)

$150,000,000 shall remain available for the 2-year period beginning on the date specified in paragraph (2)(A) for use by the Secretary for transfer to the Secretary of Labor, the Secretary of Agriculture, or the Attorney General, for initial costs of implementing this Act.

(B)

Repayment of Trust Fund expenses

The first $8,300,000,000 collected pursuant to the fees, penalties, and fines referred to in clauses (ii), (iii), (iv), (vi), (xiii), (xvii), and (xviii) of paragraph (2)(B) shall be collected, deposited in the general fund of the Treasury, and used for Federal budget deficit reduction. Collections in excess of $8,300,000,000 shall be deposited into the Trust Fund, as specified in paragraph (2)(B).

(C)

Program implementation

Amounts deposited into the Trust Fund pursuant to paragraph (2)(B) shall be available during each of fiscal years 2014 through 2018 as follows:

(i)

$50,000,000 to carry out the activities referenced in section 1104(a)(1).

(ii)

$50,000,000 to carry out the activities referenced in section 1104(b).

(D)

Ongoing funding

Subject to the availability of appropriations, amounts deposited in the Trust Fund pursuant to paragraph (2)(B) are authorized to be appropriated as follows:

(i)

Such sums as may be necessary to carry out the authorizations included in this Act .

(ii)

Such sums as may be necessary to carry out the operations and maintenance of border security and immigration enforcement investments referenced in subparagraph (A) .

(E)

Expenditure plan

The Secretary, in consultation with the Attorney General and the Secretary of Defense, shall submit to the Committee on Appropriations of the Senate , the Committee on the Judiciary of the Senate , the Committee on Appropriations of the House of Representatives , and the Committee on the Judiciary of the House of Representatives , in conjunction with the Border Security Results Strategy, a plan for expenditure that describes—

(i)

the types and planned deployment of fixed, mobile, video, and agent and officer portable surveillance and detection equipment, including those recommended or provided by the Department of Defense;

(ii)

the number of Border Patrol agents and Customs and Border Protection officers to be hired, including a detailed description of which Border Patrol sectors and which land border ports of entry they will be stationed;

(iii)

the numbers and type of unarmed, unmanned aerial systems and unarmed, fixed-wing and rotary aircraft, including pilots, air interdiction agents, and support staff to fly or otherwise operate and maintain the equipment;

(iv)

the numbers, types, and planned deployment of marine and riverine vessels, if any, including marine interdiction agents and support staff to operate and maintain the vessels;

(v)

the locations, amount, and planned deployment of fencing, including double layer fencing, tactical and other infrastructure, and technology, including but not limited to fixed towers, sensors, cameras, and other detection technology;

(vi)

the numbers, types, and planned deployment of ground-based mobile surveillance systems;

(vii)

the numbers, types, and planned deployment of tactical and other interoperable law enforcement communications systems and equipment;

(viii)

required construction, including repairs, expansion, and maintenance, and location of additional checkpoints, Border Patrol stations, and forward operating bases;

(ix)

the number of additional attorneys and support staff for the Office of the United States Attorney for Tucson;

(x)

the number of additional support staff and interpreters in the Office of the Clerk of the Court for Tucson;

(xi)

the number of additional personnel, including Marshals and Deputy Marshals for the United States Marshals Office for Tucson;

(xii)

the number of additional magistrate judges for the southern border United States District Courts;

(xiii)

activities to be funded by the Homeland Security Border Oversight Task Force;

(xiv)

amounts and types of grants to States and other entities;

(xv)

amounts and activities necessary to hire additional personnel and for start-up costs related to upgrading software and information technology necessary to transition from a voluntary E-Verify system to mandatory employment verification system under section 274A of the Immigration and Nationality Act ( 8 U.S.C. 1324a ) within 5 years;

(xvi)

the number of additional personnel and other costs associated with implementing the immigration courts and removal proceedings mandated in subtitle E of title III;

(xvii)

the steps the Commissioner of Social Security plans to take to create a fraud-resistant, tamper-resistant, wear-resistant, and identity-theft resistant Social Security card, including—

(I)

the types of equipment needed to create the card;

(II)

the total estimated costs for completion that clearly delineates costs associated with the acquisition of equipment and transition to operation, subdivided by fiscal year and including a description of the purpose by fiscal year for design, pre-acquisition activities, production, and transition to operation;

(III)

the number and type of personnel, including contract personnel, required to research, design, test, and produce the card; and

(IV)

a detailed schedule for production of the card, including an estimated completion date at the projected funding level provided in this Act; and

(xviii)

the operations and maintenance costs associated with the implementation of clauses (i) through (xvii).

(F)

Annual revision

The expenditure plan required in (E) shall be revised and submitted with the President’s budget proposals for fiscal year 2016, 2017, 2018, and 2019 pursuant to the requirements of section 1105(a) of title 31, United States Code.

(G)

Commission expenditure plan

(i)

Requirement for plan

Southern Border Security Commission referenced in section 5 is established, the Secretary shall submit to the appropriate committees of Congress, not later than 60 days after the submission of the review required by section 5(g), a plan for expenditure that achieves the recommendations in the report required by section 5(d) and the review required by section 5(g).

(ii)

Appropriate committees of Congress defined

clause (i), the term ‘‘appropriate committees of Congress’’ means—

(I)

the Committee on Appropriations, the Committee on the Judiciary, and the Committee on Finance of the Senate; and

(II)

the Committee on Appropriations, the Committee on the Judiciary, and the Committee on Ways and Means of the House of Representatives.

(4)

Limitation on collection

(A)

In general

No fee deposited in the Trust Fund may be collected except to the extent that the expenditure of the fee is provided for in advance in an appropriations Act only to pay the costs of activities and services for which appropriations are authorized to be funded from the Trust Fund.

(B)

Receipts collected as offsetting receipts

Until the date of the enactment of an Act making appropriations for the activities authorized under this Act through September 30, 2014, the fees authorized by paragraph (2)(B) that are not deposited into the general fund pursuant to paragraph (3)(B) may be collected and shall be credited as to the Trust Fund to remain available until expended only to pay the costs of activities and services for which appropriations are authorized to be funded from the Trust Fund.

(b)

Comprehensive Immigration Reform Startup Account

(1)

Establishment

There is established in the Treasury a separate account, to be known as the Comprehensive Immigration Reform Startup Account, (referred to in this section as the Startup Account), consisting of amounts transferred from the general fund of the Treasury under paragraph (2).

(2)

Deposits

There is appropriated to the Startup Account, out of any funds in the Treasury not otherwise appropriated, $3,000,000,000, to remain available until expended on the later of the date that is—

(A)

the date of the enactment of this Act; or

(B)

October 1, 2013.

(3)

Repayment of startup costs

(A)

In general

Notwithstanding section 286(m) of the Immigration and Nationality Act ( 8 U.S.C. 1356(m) ), 50 percent of fees collected under section 245B(c)(10)(A) of the Immigration and Nationality Act, as added by section 2101 of this Act, shall be deposited monthly in the general fund of the Treasury and used for Federal budget deficit reduction until the funding provided by paragraph (2) has been repaid.

(B)

Deposit in the Immigration Examinations Fee Account

Fees collected in excess of the amount referenced in subparagraph (A) shall be deposited in the Immigration Examinations Fee Account, pursuant to section 286(m) of the Immigration and Nationality Act ( 8 U.S.C. 1356(m) ), and shall remain available until expended pursuant to section 286(n) of the Immigration and Nationality Act ( 8 U.S.C. 1356(n) ).

(4)

Use of funds

The Secretary shall use the amounts transferred to the Startup Account to pay for one-time and startup costs necessary to implement this Act, including—

(A)

equipment, information technology systems, infrastructure, and human resources;

(B)

outreach to the public, including development and promulgation of any regulations, rules, or other public notice;

(C)

grants to community and faith-based organizations; and

(D)

anti-fraud programs and actions related to implementation of this Act.

(5)

Expenditure plan

Not later than 90 days after the date of the enactment of this Act, the Secretary, in consultation with the Attorney General and the Secretary of Defense, shall submit to the Committee on Appropriations and the Committee on the Judiciary of the Senate and the Committee on Appropriations and the Committee on the Judiciary of the House of Representatives, a plan for expenditure of the one-time and startup funds in the Startup Account that provides details on—

(A)

the types of equipment, information technology systems, infrastructure, and human resources;

(B)

the plans for outreach to the public, including development and promulgation of any regulations, rules, or other public notice;

(C)

the types and amounts of grants to community and faith-based organizations; and

(D)

the anti-fraud programs and actions related to implementation of this Act.

(c)

Annual audits

(1)

Audits required

Not later than October 1 each year beginning on or after the date of the enactment of this Act, the Chief Financial Officer of the Department of Homeland Security shall, in conjunction with the Inspector General of the Department of Homeland Security, conduct an audit of the Trust Fund.

(2)

Reports

Upon completion of each audit of the Trust Fund under paragraph (1), the Chief Financial Officer shall, in conjunction with the Inspector General, submit to Congress, and make available to the public on an Internet website of the Department available to the public, a jointly audited financial statement concerning the Trust Fund.

(3)

Elements

Each audited financial statement under paragraph (2) shall include the following:

(A)

The report of an independent certified public accountant.

(B)

A balance sheet reporting admitted assets, liabilities, capital and surplus.

(C)

A statement of cash flow.

(D)

Such other information on the Trust Fund as the Chief Financial Officer, the Inspector General, or the independent certified public accountant considers appropriate to facilitate a comprehensive understanding of the Trust Fund during the year covered by the financial statement.

(d)

Determination of budgetary effects

(1)

Emergency designation for congressional enforcement

In the Senate, amounts appropriated by or deposited in the general fund of the Treasury pursuant to this section are designated as an emergency requirement pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010.

(2)

Emergency designation for statutory PAYGO

Amounts appropriated by or deposited in the general fund of the Treasury pursuant to this section are designated as an emergency requirement under section 4(g) of the Statutory Pay-As-You-Go Act of 2010 ( Public Law 111–139 ; 2 U.S.C. 933(g) ).

10.

Reference to the Immigration and Nationality Act

Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.).

11.

Definitions

In this Act:

(1)

Department

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

(2)

Secretary

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

12.

Grant accountability

(a)

Definitions

In this section:

(1)

Awarding entities

The term awarding entities means the Secretary of Homeland Security, the Director of the Federal Emergency Management Agency (FEMA), the Chief of the Office of Citizenship and New Americans, as designated by this Act, and the Director of the National Science Foundation.

(2)

Nonprofit organization

The term nonprofit organization means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code.

(3)

Unresolved audit finding

The term unresolved audit finding means a finding in a final audit report conducted by the Inspector General of the Department of Homeland Security, or the Inspector General for the National Science Foundation for grants awarded by the Director of the National Science Foundation, that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 1 year from the date when the final audit report is issued.

(b)

Accountability

All grants awarded by awarding entities pursuant to this Act shall be subject to the following accountability provisions:

(1)

Audit requirement

(A)

Audits

Beginning in the first fiscal year beginning after the date of the enactment of this section, and in each fiscal year thereafter, the Inspector General of the Department of Homeland Security, or the Inspector General for the National Science Foundation for grants awarded by the Director of the National Science Foundation, shall conduct audits of recipients of grants under this Act to prevent waste, fraud, and abuse of funds by grantees. The Inspector Generals shall determine the appropriate number of grantees to be audited each year.

(B)

Mandatory exclusion

A recipient of grant funds under this Act that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this Act during the first 2 fiscal years beginning after the end of the 1-year period described in subsection (a)(3).

(C)

Priority

In awarding grants under this Act, the awarding entities shall give priority to eligible applicants that did not have an unresolved audit finding during the 3 fiscal years before submitting an application for a grant under this Act.

(D)

Reimbursement

If an entity is awarded grant funds under this Act during the 2-fiscal-year period during which the entity is barred from receiving grants under subparagraph (B), the awarding entity shall—

(i)

deposit an amount equal to the amount of the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and

(ii)

seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds.

(2)

Nonprofit organization requirements

(A)

Prohibition

An awarding entity may not award a grant under this Act to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of the Internal Revenue Code of 1986.

(B)

Disclosure

Each nonprofit organization that is awarded a grant under this Act and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees, and key employees, shall disclose to the awarding entity, in the application for the grant, the process for determining such compensation, including the independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, the awarding entity shall make the information disclosed under this subparagraph available for public inspection.

(3)

Conference expenditures

(A)

Limitation

No amounts authorized to be appropriated to the Department of Homeland Security or the National Science Foundation for grant programs under this Act may be used by an awarding entity or by any individual or entity awarded discretionary funds through a cooperative agreement under this Act to host or support any expenditure for conferences that uses more than $20,000 in funds made available by the Department of Homeland Security or the National Science Foundation unless the Deputy Secretary for Homeland Security, or the Deputy Director of the National Science Foundation, or their designee, provides prior written authorization that the funds may be expended to host the conference.

(B)

Written approval

Written approval under subparagraph (A) shall include a written estimate of all costs associated with the conference, including the cost of all food, beverages, audio-visual equipment, honoraria for speakers, and entertainment.

(C)

Report

The Deputy Secretary of Homeland Security and the Deputy Director of the National Science Foundation shall submit an annual report to Congress on all conference expenditures approved under this paragraph.

(4)

Annual certification

Beginning in the first fiscal year beginning after the date of the enactment of this subsection, each awarding entity shall submit to Congress a report—

(A)

indicating whether—

(i)

all audits issued by the Offices of the Inspector General under paragraph (1) have been completed and reviewed by the appropriate individuals;

(ii)

all mandatory exclusions required under paragraph (1)(B) have been issued; and

(iii)

all reimbursements required under paragraph (1)(D) have been made; and

(B)

including a list of any grant recipients excluded under paragraph (1) from the previous year.

I

Border Security

1101.

Definitions

In this title:

(1)

Northern border

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

(2)

Rural, high-trafficked areas

The term rural, high-trafficked areas means rural areas through which drugs and undocumented aliens are routinely smuggled, as designated by the Commissioner of U.S. Customs and Border Protection.

(3)

Southern border

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

(4)

Southwest border region

The term Southwest border region means the area in the United States that is within 100 miles of the Southern border.

1102.

Additional U.S. Customs and Border Protection officers

(a)

In general

Not later than September 30, 2017, the Secretary shall increase the number of trained U.S. Customs and Border Protection officers by 3,500, compared to the number of such officers as of the date of the enactment of this Act. The Secretary shall make progress in increasing such number of officers during each of the fiscal years 2014 through 2017.

(b)

Construction

Nothing in subsection (a) may be construed to preclude the Secretary from reassigning or stationing U.S. Customs and Border Protection Officers and U.S. Border Patrol Agents from the Northern border to the Southern border.

(c)

Funding

Section 217(h)(3)(B) ( 8 U.S.C. 1187(h)(3)(B) ) is amended—

(1)

in clause (i)

(A)

by striking No later than 6 months after the date of enactment of the Travel Promotion Act of 2009, the and inserting The;

(B)

in subclause (I), by striking and at the end;

(C)

by redesignating subclause (II) as subclause (III); and

(D)

by inserting after subclause (I) the following:

(II)

$16 for border processing; and

;

(2)

in clause (ii), by striking Amounts collected under clause (i)(II) and inserting Amounts collected under clause (i)(II) shall be deposited into the Comprehensive Immigration Reform Trust Fund established under section 9(a)(1) of the Border Security, Economic Opportunity, and Immigration Modernization Act . Amounts collected under clause (i)(III); and

(3)

by striking clause (iii).

(d)

Corporation for Travel Promotion

Section 9(d)(2)(B) of the Travel Promotion Act of 2009 ( 22 U.S.C. 2131(d)(2)(B) ) is amended by striking For each of fiscal years 2012 through 2015, and inserting For each fiscal year after 2012,.

(e)

Recruitment of former members of the armed forces and members of reserve components of the armed forces

(1)

Requirement for program

The Secretary, in conjunction with the Secretary of Defense, shall establish a program to actively recruit members of the reserve components of the Armed Forces and former members of the Armed Forces, including the reserve components, to serve in United States Customs and Border Protection and United States Immigration and Customs Enforcement.

(2)

Recruitment incentives

(A)

Student loan repayments for United States border patrol agents with a three-year commitment

Section 5379(b) of title 5, United States Code, is amended by adding at the end the following new paragraph:

(4)

In the case of an employee who is otherwise eligible for benefits under this section and who is serving as a full-time active-duty United States border patrol agent within the Department of Homeland Security

(A)

paragraph (2)(A) shall be applied by substituting $20,000 for $10,000; and

(B)

paragraph (2)(B) shall be applied by substituting $80,000 for $60,000.

.

(B)

Recruitment and relocation bonuses and retention allowances for personnel of the department of homeland security

The Secretary of Homeland Security shall ensure that the authority to pay recruitment and relocation bonuses under section 5753 of title 5, United States Code, the authority to pay retention bonuses under section 5754 of such title, and any other similar authorities available under any other provision of law, rule, or regulation, are exercised to the fullest extent allowable in order to encourage service in the Department of Homeland Security.

(3)

Report on recruitment incentives

(A)

In general

Not later than 90 days after the date of the enactment of this Act, the Secretary and the Secretary of Defense shall jointly submit to the appropriate committees of Congress a report including an assessment of the desirability and feasibility of offering incentives to members of the reserve components of the Armed Forces and former members of the Armed Forces, including the reserve components, for the purpose of encouraging such members to serve in United States Customs and Border Protection and Immigration and Customs Enforcement.

(B)

Content

The report required by subparagraph (A) shall include—

(i)

a description of various monetary and non-monetary incentives considered for purposes of the report; and

(ii)

an assessment of the desirability and feasibility of utilizing any such incentive.

(4)

Appropriate Committees of Congress Defined

The term appropriate committees of Congress means—

(A)

the Committee on Appropriations, the Committee on Armed Services, and the Committee on Homeland Security and Governmental Affairs of the Senate; and

(B)

the Committee on Appropriations, the Committee on Armed Services, and the Committee on Homeland Security of the House of Representatives.

1103.

National Guard support to secure the Southern border

(a)

In general

With the approval of the Secretary of Defense, the Governor of a State may order any unit or personnel of the National Guard of such State to perform operations and missions under section 502(f) of title 32, United States Code, in the Southwest Border region for the purposes of assisting U.S. Customs and Border Protection in securing the Southern border.

(b)

Assignment of operations and missions

(1)

In general

National Guard units and personnel deployed under subsection (a) may be assigned such operations and missions specified in subsection (c) as may be necessary to secure the Southern border.

(2)

Nature of duty

The duty of National Guard personnel performing operations and missions described in paragraph (1) shall be full-time duty under title 32, United States Code.

(c)

Range of operations and missions

The operations and missions assigned under subsection (b) shall include the temporary authority—

(1)

to construct fencing, including double-layer and triple-layer fencing;

(2)

to increase ground-based mobile surveillance systems;

(3)

to deploy additional unmanned aerial systems and manned aircraft sufficient to maintain continuous surveillance of the Southern border;

(4)

to deploy and provide capability for radio communications interoperability between U.S. Customs and Border Protection and State, local, and tribal law enforcement agencies;

(5)

to construct checkpoints along the Southern border to bridge the gap to long-term permanent checkpoints; and

(6)

to provide assistance to U.S. Customs and Border Protection, particularly in rural, high-trafficked areas, as designated by the Commissioner of U.S. Customs and Border Protection.

(d)

Materiel and logistical support

The Secretary of Defense shall deploy such materiel and equipment and logistical support as may be necessary to ensure success of the operations and missions conducted by the National Guard under this section.

(e)

Exclusion from National Guard personnel strength limitations

National Guard personnel deployed under subsection (a) shall not be included in—

(1)

the calculation to determine compliance with limits on end strength for National Guard personnel; or

(2)

limits on the number of National Guard personnel that may be placed on active duty for operational support under section 115 of title 10, United States Code.

1104.

Enhancement of existing border security operations

(a)

Border crossing prosecutions

(1)

In general

From the amounts made available pursuant to the appropriations in paragraph (3), funds shall be made available—

(A)

to increase the number of border crossing prosecutions in the Tucson Sector of the Southwest border region to up to 210 prosecutions per day through increasing funding available for—

(i)

attorneys and administrative support staff in the Office of the United States Attorney for Tucson;

(ii)

support staff and interpreters in the Office of the Clerk of the Court for Tucson;

(iii)

pre-trial services;

(iv)

activities of the Federal Public Defender Office for Tucson; and

(v)

additional personnel, including Deputy United States Marshals in the United States Marshals Office for Tucson to perform intake, coordination, transportation, and court security; and

(B)

reimburse Federal, State, local, and tribal law enforcement agencies for any detention costs related to the border crossing prosecutions carried out pursuant to subparagraph (A).

(2)

Additional magistrate judges to assist with increased caseload

The chief judge of the United States District Court for the District of Arizona is authorized to appoint additional full-time magistrate judges, who, consistent with the Constitution and laws of the United States, shall have the authority to hear cases and controversies in the judicial district in which the respective judges are appointed.

(3)

Funding

There are authorized to be appropriated, from the Comprehensive Immigration Reform Trust Fund established under section 9(a)(1) , such sums as may be necessary to carry out this subsection .

(b)

Operation Stonegarden

(1)

In general

The Federal Emergency Management Agency shall enhance law enforcement preparedness and operational readiness along the borders of the United States through Operation Stonegarden. The amounts available under this paragraph are in addition to any other amounts otherwise made available for Operation Stonegarden. Not less than 90 percent of the amounts made available under section 9(a)(3)(C)(ii) shall be allocated for grants and reimbursements to law enforcement agencies in the States in the Southwest border region for personnel, overtime, travel, and other costs related to combating illegal immigration and drug smuggling in the Southwest border region. Allocations for grants and reimbursements to law enforcement agencies under this paragraph shall be made by the Federal Emergency Management Agency through a competitive process.

(2)

Funding

There are authorized to be appropriated, from the amounts made available under section 9(a)(3)(A)(i) , such sums as may be necessary to carry out this subsection .

(c)

Infrastructure improvements

(1)

Border patrol stations

The Secretary shall—

(A)

construct additional Border Patrol stations in the Southwest border region that U.S. Border Patrol determines are needed to provide full operational support in rural, high-trafficked areas; and

(B)

analyze the feasibility of creating additional Border Patrol sectors along the Southern border to interrupt drug trafficking operations.

(2)

Forward operating bases

The Secretary shall enhance the security of the Southwest border region by—

(A)

establishing additional permanent forward operating bases for the U.S. Border Patrol, as needed;

(B)

upgrading the existing forward operating bases to include modular buildings, electricity, and potable water; and

(C)

ensuring that forward operating bases surveil and interdict individuals entering the United States unlawfully immediately after such individuals cross the Southern border.

(3)

Safe and secure border infrastructure

The Secretary and the Secretary of Transportation, in consultation with the governors of the States in the Southwest border region and the Northern border region, shall establish a grant program, which shall be administered by the Secretary of Transportation and the General Services Administration, to construct transportation and supporting infrastructure improvements at existing and new international border crossings necessary to facilitate safe, secure, and efficient cross border movement of people, motor vehicles, and cargo.

(4)

Authorization of appropriations

There is authorized to be appropriated for each of fiscal years 2014 through 2018 such sums as may be necessary to carry out this subsection .

(d)

Additional permanent district court judgeships in southwest border States

(1)

In general

The President shall appoint, by and with the advice and consent of the Senate

(A)

2 additional district judges for the district of Arizona;

(B)

3 additional district judges for the eastern district of California;

(C)

2 additional district judges for the western district of Texas; and

(D)

1 additional district judge for the southern district of Texas.

(2)

Conversions of temporary district court judgeships

The existing judgeships for the district of Arizona and the central district of California authorized by section 312(c) of the 21st Century Department of Justice Appropriations Authorization Act ( 28 U.S.C. 133 note; Public Law 107–273 ; 116 Stat. 1788), as of the effective date of this Act, shall be authorized under section 133 of title 28, United States Code, and the incumbents in those offices shall hold the office under section 133 of title 28, United States Code, as amended by this Act.

(3)

Technical and conforming amendments

The table contained in section 133(a) of title 28, United States Code, is amended—

(A)

by striking the item relating to the district of Arizona and inserting the following:

Arizona 15

;

(B)

by striking the item relating to California and inserting the following:

California:
Northern 14
Eastern 9
Central 28
Southern 13

;

and
(C)

by striking the item relating to Texas and inserting the following:

Texas:
Northern 12
Southern 20
Eastern 7
Western 15

.

(4)

Increase in filing fees

(A)

In general

Section 1914(a) of title 28, United States Code, is amended by striking $350 and inserting $360.

(B)

Expenditure limitation

Incremental amounts collected by reason of the enactment of this paragraph shall be deposited as offsetting receipts in the Judiciary Filing Fee special fund of the Treasury established under section 1931 of title 28, United States Code. Such amounts shall be available solely for the purpose of facilitating the processing of civil cases, but only to the extent specifically appropriated by an Act of Congress enacted after the date of the enactment of this Act.

(5)

Whistleblower protection

(A)

In general

No officer, employee, agent, contractor, or subcontractor of the judicial branch may discharge, demote, threaten, suspend, harass, or in any other manner discriminate against an employee in the terms and conditions of employment because of any lawful act done by the employee to provide information, cause information to be provided, or otherwise assist in an investigation regarding any possible violation of Federal law or regulation, or misconduct, by a judge, justice, or any other employee in the judicial branch, which may assist in the investigation of the possible violation or misconduct.

(B)

Civil action

An employee injured by a violation of subparagraph (A) may, in a civil action, obtain appropriate relief.

1105.

Border security on certain Federal land

(a)

Definitions

In this section:

(1)

Federal lands

The term Federal lands includes all land under the control of the Secretary concerned that is located within the Southwest border region in the State of Arizona along the international border between the United States and Mexico.

(2)

Secretary concerned

The term Secretary concerned means—

(A)

with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and

(B)

with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior.

(b)

Support for border security needs

To achieve effective control of Federal lands—

(1)

the Secretary concerned, notwithstanding any other provision of law, shall authorize and provide U.S. Customs and Border Protection personnel with immediate access to Federal lands for security activities, including—

(A)

routine motorized patrols; and

(B)

the deployment of communications, surveillance, and detection equipment;

(2)

the security activities described in paragraph (1) shall be conducted, to the maximum extent practicable, in a manner that the Secretary determines will best protect the natural and cultural resources on Federal lands; and

(3)

the Secretary concerned may provide education and training to U.S. Customs and Border Protection personnel on the natural and cultural resources present on individual Federal land units.

(c)

Programmatic environmental impact statement

(1)

In general

After implementing subsection (b), the Secretary, in consultation with the Secretaries concerned, shall prepare and publish in the Federal Register a notice of intent to prepare a programmatic environmental impact statement in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) to analyze the impacts of the activities described in subsection (b).

(2)

Effect on processing application and special use permits

The pending completion of a programmatic environmental impact statement under this section shall not result in any delay in the processing or approving of applications or special use permits by the Secretaries concerned for the activities described in subsection (b).

(3)

Amendment of land use plans

The Secretaries concerned shall amend any land use plans, as appropriate, upon completion of the programmatic environmental impact statement described in subsection (b).

(4)

Scope of programmatic environmental impact statement

The programmatic environmental impact statement described in paragraph (1)

(A)

may be used to advise the Secretary on the impact on natural and cultural resources on Federal lands; and

(B)

shall not control, delay, or restrict actions by the Secretary to achieve effective control on Federal lands.

(d)

Intermingled State and private land

This section shall not apply to any private or State-owned land within the boundaries of Federal lands.

1106.

Equipment and technology

(a)

Enhancements

The Commissioner of U.S. Customs and Border Protection, working through U.S. Border Patrol, shall—

(1)

deploy additional mobile, video, and agent-portable surveillance systems, and unarmed, unmanned aerial vehicles in the Southwest border region as necessary to provide 24-hour operation and surveillance;

(2)

operate unarmed unmanned aerial vehicles along the Southern border for 24 hours per day and for 7 days per week;

(3)

deploy unarmed additional fixed-wing aircraft and helicopters along the Southern border;

(4)

acquire new rotorcraft and make upgrades to the existing helicopter fleet;

(5)

increase horse patrols in the Southwest border region; and

(6)

acquire and deploy watercraft and other equipment to provide support for border-related maritime anti-crime activities.

(b)

Limitation

(1)

In general

Notwithstanding paragraphs (1) and (2) of subsection (a), and except as provided in paragraph (2), U.S. Border Patrol may not operate unarmed, unmanned aerial vehicles in the San Diego and El Centro Sectors, except within 3 miles of the Southern border.

(2)

Exception

The limitation under this subsection shall not restrict the maritime operations of U.S. Customs and Border Protection.

(c)

Authorization of appropriations

In addition to amounts otherwise authorized to be appropriated, there is authorized to be appropriated to U.S. Customs and Border Protection such sums as may be necessary to carry out subsection (a) during fiscal years 2014 through 2018.

1107.

Access to emergency personnel

(a)

Southwest border region emergency communications grants

(1)

In general

The Secretary, in consultation with the governors of the States in the Southwest border region, shall establish a 2-year grant program, to be administered by the Secretary, to improve emergency communications in the Southwest border region.

(2)

Eligibility for grants

An individual is eligible to receive a grant under this subsection if the individual demonstrates that he or she—

(A)

regularly resides or works in the Southwest border region;

(B)

is at greater risk of border violence due to the lack of cellular service at his or her residence or business and his or her proximity to the Southern border.

(3)

Use of grants

Grants awarded under this subsection may be used to purchase satellite telephone communications systems and service that—

(A)

can provide access to 9–1–1 service; and

(B)

are equipped with global positioning systems.

(4)

Authorization of appropriations

There is authorized to be appropriated such sums as may be necessary to carry out the grant program established under this subsection .

(b)

Interoperable communications for law enforcement

(1)

Federal law enforcement

There are authorized to be appropriated, to the Department, the Department of Justice, and the Department of the Interior , during the 5-year period beginning on the date of the enactment of this Act, such sums as may be necessary

(A)

to purchase, through a competitive procurement process, P25-compliant radios, which may include a multi-band option, for Federal law enforcement agents working in the Southwest border region in support of the activities of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement, including law enforcement agents of the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Department of the Interior, and the Forest Service; and

(B)

to upgrade, through a competitive procurement process, the communications network of the Department of Justice to ensure coverage and capacity, particularly when immediate access is needed in times of crisis, in the Southwest Border region for appropriate law enforcement personnel of the Department of Justice (including the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms and Explosives), the Department (including U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection), the United States Marshals Service, other Federal agencies, the State of Arizona, tribes, and local governments.

(2)

State and local law enforcement

(A)

Authorization of appropriations

There is authorized to be appropriated to the Department of Justice, during the 5-year period beginning on the date of the enactment of this Act, such sums as may be necessary to purchase, through a competitive procurement process, P25-compliant radios, which may include a multi-band option, for State and local law enforcement agents working in the Southwest border region.

(B)

Access to Federal spectrum

If a State, tribal, or local law enforcement agency in the Southwest border region experiences an emergency situation that necessitates immediate communication with the Department of Justice, the Department, the Department of the Interior, or any of their respective subagencies, such law enforcement agency shall have access to the spectrum assigned to such Federal agency for the duration of such emergency situation.

1108.

Southwest Border Region Prosecution Initiative

(a)

Reimbursement to State and local prosecutors for federally initiated criminal cases

The Attorney General shall reimburse State, county, tribal, and municipal governments for costs associated with the prosecution, pretrial services and detention, clerical support, and public defenders’ services associated with the prosecution of federally initiated immigration-related criminal cases declined by local offices of the United States Attorneys.

(b)

Exception

Reimbursement under subsection (a) shall not be available, at the discretion of the Attorney General, if the Attorney General determines that there is reason to believe that the jurisdiction seeking reimbursement has engaged in unlawful conduct in connection with immigration-related apprehensions.

(c)

Authorization of appropriations

There is authorized to be appropriated such sums as may be necessary to carry out subsection (a) during fiscal years 2014 through 2018.

1109.

Interagency collaboration

The Assistant Secretary of Defense for Research and Engineering shall collaborate with the Under Secretary of Homeland Security for Science and Technology to identify equipment and technology used by the Department of Defense that could be used by U.S. Customs and Border Protection to improve the security of the Southern border by—

(1)

detecting border tunnels;

(2)

detecting the use of ultralight aircraft;

(3)

enhancing wide aerial surveillance; and

(4)

otherwise improving the enforcement of such border.

1110.

State Criminal Alien Assistance Program

(a)

SCAAP Reauthorization

Section 241(i)(5)(C) ( 8 U.S.C. 1231(i)(5) ) is amended by striking 2011. and inserting 2015 ..

(b)

SCAAP assistance for States

(1)

Assistance for States incarcerating undocumented aliens charged with certain crimes

Section 241(i)(3)(A) ( 8 U.S.C. 1231(i)(3)(A) ) is amended by inserting charged with or before convicted.

(2)

Assistance for States incarcerating unverified aliens

Section 241(i) ( 8 U.S.C. 1231(i) ), as amended by subsection (a), is further amended—

(A)

by redesignating paragraphs (4), (5), and (6), as paragraphs (5), (6), and (7), respectively;

(B)

in paragraph (7), as so redesignated, by striking (5) and inserting (6); and

(C)

by adding after paragraph (3) the following:

(4)

In the case of an alien whose immigration status is unable to be verified by the Secretary of Homeland Security, and who would otherwise be an undocumented criminal alien if the alien is unlawfully present in the United States, the Attorney General shall compensate the State or political subdivision of the State for incarceration of the alien, consistent with subsection (i)(2).

.

1111.

Use of force

Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Assistant Attorney General for the Civil Rights Division of the Department of Justice, shall issue policies governing the use of force by all Department personnel that—

(1)

require all Department personnel to report each use of force; and

(2)

establish procedures for—

(A)

accepting and investigating complaints regarding the use of force by Department personnel;

(B)

disciplining Department personnel who violate any law or Department policy relating to the use of force; and

(C)

reviewing all uses of force by Department personnel to determine whether the use of force—

(i)

complied with Department policy; or

(ii)

demonstrates the need for changes in policy, training, or equipment.

1112.

Training for border security and immigration enforcement officers

(a)

In general

The Secretary shall ensure that U.S. Customs and Border Protection officers, U.S. Border Patrol agents, U.S. Immigration and Customs Enforcement officers and agents, United States Air and Marine Division agents, and agriculture specialists stationed within 100 miles of any land or marine border of the United States or at any United States port of entry receive appropriate training, which shall be prepared in collaboration with the Assistant Attorney General for the Civil Rights Division of the Department of Justice, in—

(1)

identifying and detecting fraudulent travel documents;

(2)

civil, constitutional, human, and privacy rights of individuals;

(3)

the scope of enforcement authorities, including interrogations, stops, searches, seizures, arrests, and detentions;

(4)

the use of force policies issued by the Secretary pursuant to section 1111;

(5)

immigration laws, including screening, identifying, and addressing vulnerable populations, such as children, victims of crime and human trafficking, and individuals fleeing persecution or torture;

(6)

social and cultural sensitivity toward border communities;

(7)

the impact of border operations on communities; and

(8)

any particular environmental concerns in a particular area.

(b)

Training for border community liaison officers

The Secretary shall ensure that border communities liaison officers in Border Patrol sectors along the international borders between the United States and Mexico and between the United States and Canada receive training to better—

(1)

act as a liaison between border communities and the Office for Civil Rights and Civil Liberties of the Department and the Civil Rights Division of the Department of Justice;

(2)

foster and institutionalize consultation with border communities;

(3)

consult with border communities on Department programs, policies, strategies, and directives; and

(4)

receive Department performance assessments from border communities.

(c)

Humane conditions of confinement for children in U.S. Customs and Border Protection custody

Not later than 90 days after the date of the enactment of this Act, the Secretary shall establish standards to ensure that children in the custody of U.S. Customs and Border Protection

(1)

are afforded adequate medical and mental health care, including emergency medical and mental health care, when necessary;

(2)

receive adequate nutrition;

(3)

are provided with climate-appropriate clothing, footwear, and bedding;

(4)

have basic personal hygiene and sanitary products; and

(5)

are permitted to make supervised phone calls to family members.

1113.

Department of Homeland Security Border Oversight Task Force

(a)

Establishment

(1)

In general

There is established an independent task force, which shall be known as the Department of Homeland Security Border Oversight Task Force (referred to in this section as the DHS Task Force).

(2)

Duties

The DHS Task Force shall—

(A)

review and make recommendations regarding immigration and border enforcement policies, strategies, and programs that take into consideration their impact on border and tribal communities;

(B)

recommend ways in which the Border Communities Liaison Offices can strengthen relations and collaboration between communities in the border regions and the Department, the Department of Justice, and other Federal agencies that carry out such policies, strategies, and programs;

(C)

evaluate how the policies, strategies, and programs of Federal agencies operating along the international borders between the United States and Mexico and between the United States and Canada protect the due process, civil, and human rights of border residents, visitors, and migrants at and near such borders; and

(D)

evaluate and make recommendations regarding the training of border enforcement personnel described in section 1112.

(3)

Membership

(A)

In general

The DHS Task Force shall be composed of 33 members, appointed by the President, who have expertise in migration, local crime indices, civil and human rights, community relations, cross-border trade and commerce, quality of life indicators, or other pertinent experience, of whom—

(i)

14 members shall be from the Northern border region and shall include—

(I)

2 local government elected officials;

(II)

2 local law enforcement officials;

(III)

2 tribal government officials;

(IV)

2 civil rights advocates;

(V)

1 business representative;

(VI)

1 higher education representative;

(VII)

1 private land owner representative;

(VIII)

1 representative of a faith community; and

(IX)

2 representatives of U.S. Border Patrol; and

(ii)

19 members shall be from the Southern border region and include—

(I)

3 local government elected officials;

(II)

3 local law enforcement officials;

(III)

2 tribal government officials;

(IV)

3 civil rights advocates;

(V)

2 business representatives;

(VI)

1 higher education representative;

(VII)

2 private land owner representatives;

(VIII)

1 representative of a faith community; and

(IX)

2 representatives of U.S. Border Patrol.

(B)

Term of service

Members of the Task Force shall be appointed for the shorter of—

(i)

3 years; or

(ii)

the life of the DHS Task Force.

(C)

Chair, vice chair

The members of the DHS Task Force shall elect a Chair and a Vice Chair from among its members, who shall serve in such capacities for the life of the DHS Task Force or until removed by the majority vote of at least 16 members.

(b)

Operations

(1)

Hearings

The DHS Task Force may, for the purpose of carrying out its duties, hold hearings, sit and act, take testimony, receive evidence, and administer oaths.

(2)

Recommendations

The DHS Task Force may make findings or recommendations to the Secretary related to the duties described in subsection (a)(2).

(3)

Response

Not later than 180 days after receiving the findings and recommendations from the DHS Task Force under paragraph (2), the Secretary shall issue a response that describes how the Department has addressed, or will address, such findings and recommendations. If the Secretary disagrees with any finding of the DHS Task Force, the Secretary shall provide an explanation for the disagreement.

(4)

Information from federal agencies

The Chair, or 16 members of the DHS Task Force, may request statistics relating to the duties described in subsection (a)(2) directly from any Federal agency, which shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the DHS Task Force.

(5)

Compensation

Members of the DHS Task Force shall serve without pay, but shall be reimbursed for reasonable travel and subsistence expenses incurred in the performance of their duties.

(c)

Report

Not later than 2 years after its first meeting, the DHS Task Force shall submit a final report to the President, Congress, and the Secretary that contains—

(1)

findings with respect to the duties of the DHS Task Force; and

(2)

recommendations regarding border and immigration enforcement policies, strategies, and programs, including—

(A)

a recommendation as to whether the DHS Task Force should continue to operate; and

(B)

a description of any duties for which the DHS Task Force should be responsible after the termination date described in subsection (e).

(d)

Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out this section for each of the fiscal years 2014 through 2017.

(e)

Sunset

The DHS Task Force shall terminate operations 60 days after the date on which the DHS Task Force submits the report described in subsection (c).

1114.

Ombudsman for Immigration Related Concerns of the Department of Homeland Security

(a)

Establishment

Title I of the Homeland Security Act of 2002 ( 6 U.S.C. 111 et seq.) is amended by adding at the end the following new section:

104.

Ombudsman for Immigration Related Concerns

(a)

In general

There shall be within the Department an Ombudsman for Immigration Related Concerns (in this section referred to as the Ombudsman). The individual appointed as Ombudsman shall have a background in immigration law as well as civil and human rights law. The Ombudsman shall report directly to the Deputy Secretary.

(b)

Functions

The functions of the Ombudsman shall be as follows:

(1)

To receive and resolve complaints from individuals and employers and assist in resolving problems with the immigration components of the Department.

(2)

To conduct inspections of the facilities or contract facilities of the immigration components of the Department.

(3)

To assist individuals and families who have been the victims of crimes committed by aliens or violence near the United States border.

(4)

To identify areas in which individuals and employers have problems in dealing with the immigration components of the Department.

(5)

To the extent practicable, to propose changes in the administrative practices of the immigration components of the Department to mitigate problems identified under paragraph (4).

(6)

To review, examine, and make recommendations regarding the immigration and enforcement policies, strategies, and programs of U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and U.S. Citizenship and Immigration Services.

(c)

Other responsibilities

In addition to the functions specified in subsection (b), the Ombudsman shall—

(1)

monitor the coverage and geographic allocation of local offices of the Ombudsman, including appointing a local ombudsman for immigration related concerns; and

(2)

evaluate and take personnel actions (including dismissal) with respect to any employee of the Ombudsman.

(d)

Request for investigations

The Ombudsman shall have the authority to request the Inspector General of the Department of Homeland Security to conduct inspections, investigations, and audits.

(e)

Coordination with Department components

The Director of U.S. Citizenship and Immigration Services, the Assistant Secretary of Immigration and Customs Enforcement, and the Commissioner of Customs and Border Protection shall each establish procedures to provide formal responses to recommendations submitted to such official by the Ombudsman.

(f)

Annual reports

Not later than June 30 of each year, the Ombudsman shall 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 Ombudsman for the fiscal year beginning in such calendar year. Each report shall contain full and substantive analysis, in addition to statistical information, and shall set forth any recommendations the Ombudsman has made on improving the services and responsiveness of U.S. Citizenship and Immigration Services, U.S. Immigration and Customs Enforcement, and U.S. Customs and Border Protection and any responses received from the Department regarding such recommendations.

.

(b)

Repeal of superseded authority

Section 452 of the Homeland Security Act of 2002 ( 6 U.S.C. 272 ) is repealed.

(c)

Clerical amendments

The table of contents for the Homeland Security Act of 2002 is amended—

(1)

by inserting after the item relating to section 103 the following new item:

Sec. 104. Ombudsman for Immigration Related Concerns.

;

and
(2)

by striking the item relating to section 452.

1115.

Protection of family values in apprehension programs

(a)

Definitions

In this section:

(1)

Apprehended individual

The term apprehended individual means an individual apprehended by personnel of the Department of Homeland Security or of a cooperating entity pursuant to a migration deterrence program carried out at a border.

(2)

Border

The term border means an international border of the United States.

(3)

Child

Except as otherwise specifically provided, the term child has the meaning given to the term in section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) ).

(4)

Cooperating entity

The term cooperating entity means a State or local entity acting pursuant to an agreement with the Secretary.

(5)

Migration deterrence program

The term migration deterrence program means an action related to the repatriation or referral for prosecution of 1 or more apprehended individuals for a suspected or confirmed violation of the Immigration and Nationality Act ( 8 U.S.C. 1001 et seq.) by the Secretary or a cooperating entity.

(b)

Procedures for migration deterrence programs at the border

(1)

Procedures

In any migration deterrence program carried out at a border, the Secretary and cooperating entities shall for each apprehended individual—

(A)

as soon as practicable after such individual is apprehended—

(i)

inquire as to whether the apprehended individual is—

(I)

a parent, legal guardian, or primary caregiver of a child; or

(II)

traveling with a spouse or child; and

(ii)

ascertain whether repatriation of the apprehended individual presents any humanitarian concern or concern related to such individual’s physical safety; and

(B)

ensure that, with respect to a decision related to the repatriation or referral for prosecution of the apprehended individual, due consideration is given—

(i)

to the best interests of such individual’s child, if any;

(ii)

to family unity whenever possible; and

(iii)

to other public interest factors, including humanitarian concerns and concerns related to the apprehended individual's physical safety.

(c)

Mandatory training

The Secretary, in consultation with the Secretary of Health and Human Services, the Attorney General, the Secretary of State, and independent immigration, child welfare, family law, and human rights law experts, shall—

(1)

develop and provide specialized training for all personnel of U.S. Customs and Border Protection and cooperating entities who come into contact with apprehended individuals in all legal authorities, policies, and procedures relevant to the preservation of a child’s best interest, family unity, and other public interest factors, including those described in this Act; and

(2)

require border enforcement personnel to undertake periodic and continuing training on best practices and changes in relevant legal authorities, policies, and procedures pertaining to the preservation of a child’s best interest, family unity, and other public interest factors, including those described in this Act.

(d)

Annual report on the impact of migration deterrence programs at the border

(1)

Requirement for annual report

Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report that describes the impact of migration deterrence programs on parents, legal guardians, primary caregivers of a child, individuals traveling with a spouse or child, and individuals who present humanitarian considerations or concerns related to the individual's physical safety.

(2)

Contents

Each report submitted under paragraph (1) shall include for the previous 1-year period an assessment of—

(A)

the number of apprehended individuals removed, repatriated, or referred for prosecution who are the parent, legal guardian, or primary caregiver of a child who is a citizen of the United States;

(B)

the number of occasions in which both parents, or the primary caretaker of such a child was removed, repatriated, or referred for prosecution as part of a migration deterrence program;

(C)

the number of apprehended individuals traveling with close family members who are removed, repatriated, or referred for prosecution.

(D)

the impact of migration deterrence programs on public interest factors, including humanitarian concerns and physical safety.

(e)

Regulations

Not later than 120 days after the date of the enactment of this Act, the Secretary shall promulgate regulations to implement this section.

1116.

Reports

(a)

Report on certain border matters

The Secretary shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on Homeland Security of the House of Representatives , the Committee on the Judiciary of the Senate , and the Committee on the Judiciary of the House of Representatives that sets forth—

(1)

the effectiveness rate (as defined in section 2(a)(4)) for each Border Patrol sector along the Northern border and the Southern border;

(2)

the number of miles along the Southern border that are under persistent surveillance;

(3)

the monthly wait times per passenger, including data on averages and peaks, for crossing the Northern border and the Southern border, and the staffing of such border crossings; and

(4)

the allocations at each port of entry along the Northern border and the Southern border.

(b)

Report on interagency collaboration

The Under Secretary of Defense for Acquisition, Technology, and Logistics and the Under Secretary of Homeland Security for Science and Technology shall jointly submit a report on the results of the interagency collaboration under section 1109 to—

(1)

the Committee on Armed Services of the Senate ;

(2)

the Committee on Homeland Security and Governmental Affairs of the Senate ;

(3)

the Committee on the Judiciary of the Senate;

(4)

the Committee on Armed Services of the House of Representatives ;

(5)

the Committee on Homeland Security of the House of Representatives ; and

(6)

the Committee on the Judiciary of the House of Representatives .

1117.

Severability and delegation

(a)

Severability

If any provision of this Act or any amendment made by this Act, or any application of such provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of the provisions of this Act and the amendments made by this Act and the application of the provision or amendment to any other person or circumstance shall not be affected.

(b)

Delegation

The Secretary may delegate any authority provided to the Secretary under this Act or an amendment made by this Act to the Secretary of Agriculture, the Attorney General, the Secretary of Defense, the Secretary of Health and Human Services, the Secretary of State, or the Commissioner of Social Security.

1118.

Prohibition on land border crossing fees

The Secretary shall not establish, collect, or otherwise impose a border crossing fee for pedestrians or passenger vehicles at land ports of entry along the Southern border or the Northern border, nor conduct any study relating to the imposition of such a fee.

1119.

Human Trafficking Reporting

(a)

Short title

This section may be cited as the Human Trafficking Reporting Act of 2013 .

(b)

Findings

Congress finds the following:

(1)

Human trafficking is a form of modern-day slavery.

(2)

According to the Trafficking Victims Protection Act of 2000 severe forms of trafficking in persons means—

(A)

sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or

(B)

the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

(3)

There is an acute need for better data collection of incidents of human trafficking across the United States in order to effectively combat severe forms of trafficking in persons.

(4)

The State Department’s 2012 Trafficking in Persons report found that—

(A)

the United States is a source, transit and destination country for men, women, and children, subjected to forced labor, debt bondage, domestic servitude and sex trafficking,; and

(B)

the United States needs to improve data collection on human trafficking cases at the federal, state and local levels.

(5)

The International Organization for Migration has reported that in order to effectively combat human trafficking there must be reliable and standardized data, however, the following barriers for data collection exist:

(A)

The illicit and underground nature of human trafficking.

(B)

The reluctance of victims to share information with authorities.

(C)

Insufficient human trafficking data collection and research efforts by governments worldwide.

(6)

A 2009 report to the Department of Health and Human Services entitled Human Trafficking Into and Within the United States: A Review of the Literature found that the data and methodologies for estimating the prevalence of human trafficking globally and nationally are not well developed, and therefore estimates have varied widely and changed significantly over time.

(7)

The Federal Bureau of Investigation compiles national crime statistics through the Uniform Crime Reporting Program.

(8)

Under current law, State and local governments receiving Edward Byrne Memorial Justice Assistance grants are required to share data on part 1 violent crimes with the Federal Bureau of Investigation for inclusion in the Uniform Crime Reporting Program.

(9)

The addition of severe forms of trafficking in persons to the definition of part 1 violent crimes will ensure that statistics on this heinous crime will be compiled and available through the Federal Bureau of Investigation’s Uniform Crime Report.

(c)

Human trafficking To be included in part 1 violent crimes for purposes of Byrne grants

Section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755 ) is amended by adding at the end the following new subsection:

(i)

Part 1 violent crimes To include human trafficking

For purposes of this section, the term part 1 violent crimes shall include severe forms of trafficking in persons, as defined in section 103(8) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(8) ).

.

1120.

Rule of construction

Nothing in this Act may be construed to authorize the deployment, procurement, or construction of fencing along the Northern border.

1121.

Limitations on dangerous deportation practices

(a)

Certification required

(1)

In general

Not later than 1 year after the date of the enactment of this Act, and every 180 days thereafter, the Secretary, except as provided in paragraph (2), shall submit written certification to Congress that the Department has only deported or otherwise removed a migrant from the United States through an entry or exit point on the Southern border during daylight hours.

(2)

Exception

The certification required under paragraph (1) shall not apply to the deportation or removal of a migrant otherwise described in that paragraph if—

(A)

the manner of the deportation or removal is justified by a compelling governmental interest;

(B)

the manner of the deportation or removal is in accordance with an applicable Local Arrangement for the Repatriation of Mexican Nationals entered into by the appropriate Mexican Consulate; or

(C)

the migrant is not an unaccompanied minor and the migrant—

(i)

is deported or removed through an entry or exit point in the same sector as the place where the migrant was apprehended; or

(ii)

agrees to be deported or removed in such manner after being notified of the intended manner of deportation or removal.

(b)

Additional information required

Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to Congress a study of the Alien Transfer Exit Program, which shall include—

(1)

the specific locations on the Southern border where lateral repatriations have occurred during the 1-year period preceding the submission of the study;

(2)

the performance measures developed by U.S. Customs and Border Protection to determine if the Alien Transfer Exit Program is deterring migrants from repeatedly crossing the border or otherwise reducing recidivism; and

(3)

the consideration given, if any, to the rates of violent crime and the availability of infrastructure and social services in Mexico near such locations.

(c)

Prohibition on confiscation of property

Notwithstanding any other provision of law, lawful, nonperishable belongings of a migrant that are confiscated by personnel operating under Federal authority shall be returned to the migrant before repatriation, to the extent practicable.

1122.

Maximum allowable costs of salaries of contractor employees

Section 4304(a)(16) of title 41, United States Code, is amended by inserting before the period at the end the following: , except that in the case of contracts with the Department of Homeland Security or the National Guard while operating in Federal status that relate to border security, the limit on the costs of compensation of all executives and employees of contractors is the annual amount payable under the aggregate limitation on pay as established by the Office of Management and Budget (currently $230,700).

II

Immigrant visas

A

Registration and adjustment of registered provisional immigrants

2101.

Registered provisional immigrant status

(a)

Authorization

Chapter 5 of title II ( 8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:

245B.

Adjustment of status of eligible entrants before December 31, 2011, to that of registered provisional immigrant

(a)

In general

Notwithstanding any other provision of law, the Secretary of Homeland Security (referred to in this section and in sections 245C through 245F as the Secretary), after conducting the national security and law enforcement clearances required under subsection (c)(8), may grant registered provisional immigrant status to an alien who—

(1)

meets the eligibility requirements set forth in subsection (b);

(2)

submits a completed application before the end of the period set forth in subsection (c)(3); and

(3)

has paid the fee required under subsection (c)(10)(A) and the penalty required under subsection (c)(10)(C), if applicable.

(b)

Eligibility requirements

(1)

In general

An alien is not eligible for registered provisional immigrant status unless the alien establishes, by a preponderance of the evidence, that the alien meets the requirements set forth in this subsection.

(2)

Physical presence

(A)

In general

The alien—

(i)

shall be physically present in the United States on the date on which the alien submits an application for registered provisional immigrant status;

(ii)

shall have been physically present in the United States on or before December 31, 2011; and

(iii)

shall have maintained continuous physical presence in the United States from December 31, 2011, until the date on which the alien is granted status as a registered provisional immigrant under this section.

(B)

Break in physical presence

(i)

In general

Except as provided in clause (ii), an alien who is absent from the United States without authorization after the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act does not meet the continuous physical presence requirement set forth in subparagraph (A)(iii).

(ii)

Exception

An alien who departed from the United States after December 31, 2011, will not be considered to have failed to maintain continuous presence in the United States if the alien's absences from the United States are brief, casual, and innocent whether or not such absences were authorized by the Secretary.

(3)

Grounds for ineligibility

(A)

In general

Except as provided in subparagraph (B), an alien is ineligible for registered provisional immigrant status if the Secretary determines that the alien—

(i)

has a conviction for—

(I)

an offense classified as a felony in the convicting jurisdiction (other than a State or local offense for which an essential element was the alien's immigration status, or a violation of this Act);

(II)

an aggravated felony (as defined in section 101(a)(43) at the time of the conviction);

(III)

3 or more misdemeanor offenses (other than minor traffic offenses or State or local offenses for which an essential element was the alien's immigration status, or violations of this Act) if the alien was convicted on different dates for each of the 3 offenses;

(IV)

any offense under foreign law, except for a purely political offense, which, if the offense had been committed in the United States, would render the alien inadmissible under section 212(a) (excluding the paragraphs set forth in clause (ii)) or removable under section 237(a), except as provided in paragraph (3) of section 237(a);

(V)

unlawful voting (as defined in section 237(a)(6));

(ii)

is inadmissible under section 212(a), except that in determining an alien’s inadmissibility—

(I)

paragraphs (4), (5), (7), and (9)(B) of section 212(a) shall not apply;

(II)

subparagraphs (A), (C), (D), (F), and (G) of section 212(a)(6) and paragraphs (9)(C) and (10)(B) of section 212(a) shall not apply unless based on the act of unlawfully entering the United States after the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act ; and

(III)

paragraphs (6)(B) and (9)(A) of section 212(a) shall not apply unless the relevant conduct began on or after the date on which the alien files an application for registered provisional immigrant status under this section;

(iii)

is an alien who the Secretary knows or has reasonable grounds to believe, is engaged in or is likely to engage after entry in any terrorist activity (as defined in section 212(a)(3)(B)(iv)); or

(iv)

was, on April 16, 2013—

(I)

an alien lawfully admitted for permanent residence;

(II)

an alien admitted as a refugee under section 207 or granted asylum under section 208; or

(III)

an alien who, according to the records of the Secretary or the Secretary of State, is lawfully present in the United States in any nonimmigrant status (other than an alien considered to be a nonimmigrant solely due to the application of section 244(f)(4) or the amendment made by section 702 of the Consolidated Natural Resources Act of 2008 ( Public Law 110–229 )), notwithstanding any unauthorized employment or other violation of nonimmigrant status.

(B)

Waiver

(i)

In general

The Secretary may waive the application of subparagraph (A)(i)(III) or any provision of section 212(a) that is not listed in clause (ii) on behalf of an alien for humanitarian purposes, to ensure family unity, or if such a waiver is otherwise in the public interest. Any discretionary authority to waive grounds of inadmissibility under section 212(a) conferred under any other provision of this Act shall apply equally to aliens seeking registered provisional status under this section.

(ii)

Exceptions

The discretionary authority under clause (i) may not be used to waive—

(I)

subparagraph (B), (C), (D)(ii), (E), (G), (H), or (I) of section 212(a)(2);

(II)

section 212(a)(3);

(III)

subparagraph (A), (C), (D), or (E) of section 212(a)(10); or

(IV)

with respect to misrepresentations relating to the application for registered provisional immigrant status, section 212(a)(6)(C)(i).

(C)

Conviction explained

For purposes of this paragraph, the term conviction does not include a judgment that has been expunged, set aside, or the equivalent.

(D)

Rule of construction

Nothing in this paragraph may be construed to require the Secretary to commence removal proceedings against an alien.

(4)

Applicability of other provisions

Sections 208(d)(6) and 240B(d) shall not apply to any alien filing an application for registered provisional immigrant status under this section.

(5)

Dependent spouse and children

(A)

In general

Notwithstanding any other provision of law, the Secretary may classify the spouse or child of a registered provisional immigrant as a registered provisional immigrant dependent if the spouse or child—

(i)

was physically present in the United States on or before December 31, 2012, and has maintained continuous presence in the United States from that date until the date on which the registered provisional immigrant is granted such status, with the exception of absences from the United States that are brief, casual, and innocent, whether or not such absences were authorized by the Secretary; and

(ii)

meets all of the eligibility requirements set forth in this subsection, other than the requirements of clause (ii) or (iii) of paragraph (2)(A).

(B)

Effect of termination of legal relationship or domestic violence

If the spousal or parental relationship between an alien who is granted registered provisional immigrant status under this section and the alien’s spouse or child is terminated due to death or divorce or the spouse or child has been battered or subjected to extreme cruelty by the alien (regardless of whether the legal relationship terminates), the spouse or child may apply for classification as a registered provisional immigrant.

(C)

Effect of disqualification of parent

Notwithstanding subsection (c)(3), if the application of a spouse or parent for registered provisional immigrant status is terminated or revoked, the husband, wife, or child of that spouse or parent shall be eligible to apply for registered provisional immigrant status independent of the parent or spouse.

(c)

Application procedures

(1)

In general

An alien, or the dependent spouse or child of such alien, who meets the eligibility requirements set forth in subsection (b) may apply for status as a registered provisional immigrant or a registered provisional immigrant dependent, as applicable, by submitting a completed application form to the Secretary during the application period set forth in paragraph (3), in accordance with the final rule promulgated by the Secretary under the Border Security, Economic Opportunity, and Immigration Modernization Act . An applicant for registered provisional immigrant status shall be treated as an applicant for admission.

(2)

Payment of taxes

(A)

In general

An alien may not file an application for registered provisional immigrant status under paragraph (1) unless the applicant has satisfied any applicable Federal tax liability.

(B)

Definition of applicable federal tax liability

In this paragraph, the term applicable Federal tax liability means all Federal income taxes assessed in accordance with section 6203 of the Internal Revenue Code of 1986.

(C)

Demonstration of compliance

An applicant may demonstrate compliance with this paragraph by submitting appropriate documentation, in accordance with regulations promulgated by the Secretary, in consultation with the Secretary of the Treasury.

(3)

Application period

(A)

Initial period

Except as provided in subparagraph (B), the Secretary may only accept applications for registered provisional immigrant status from aliens in the United States during the 1-year period beginning on the date on which the final rule is published in the Federal Register pursuant to paragraph (1).

(B)

Extension

If the Secretary determines, during the initial period described in subparagraph (A), that additional time is required to process applications for registered provisional immigrant status or for other good cause, the Secretary may extend the period for accepting applications for such status for an additional 18 months.

(4)

Application form

(A)

Required information

(i)

In general

The application form referred to in paragraph (1) shall collect such information as the Secretary determines to be necessary and appropriate, including, for the purpose of understanding immigration trends—

(I)

an explanation of how, when, and where the alien entered the United States;

(II)

the country in which the alien resided before entering the United States; and

(III)

other demographic information specified by the Secretary.

(ii)

Privacy protections

Information described in subclauses (I) through (III) of clause (i), which shall be provided anonymously by the applicant on the application form referred to in paragraph (1), shall be subject to the same confidentiality provisions as those set forth in section 9 of title 13, United States Code.

(iii)

Report

The Secretary shall submit a report to Congress that contains a summary of the statistical data about immigration trends collected pursuant to clause (i).

(B)

Family application

The Secretary shall establish a process through which an alien may submit a single application under this section on behalf of the alien, his or her spouse, and his or her children who are residing in the United States.

(C)

Interview

The Secretary may interview applicants for registered provisional immigrant status under this section to determine whether they meet the eligibility requirements set forth in subsection (b).

(5)

Aliens apprehended before or during the application period

If an alien who is apprehended during the period beginning on the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act and the end of the application period described in paragraph (3) appears prima facie eligible for registered provisional immigrant status, to the satisfaction of the Secretary, the Secretary

(A)

shall provide the alien with a reasonable opportunity to file an application under this section during such application period; and

(B)

may not remove the individual until a final administrative determination is made on the application.

(6)

Eligibility after departure

(A)

In general

An alien who departed from the United States while subject to an order of exclusion, deportation, or removal, or pursuant to an order of voluntary departure and who is outside of the United States, or who has reentered the United States illegally after December 31, 2011 without receiving the Secretary's consent to reapply for admission under section 212(a)(9), shall not be eligible to file an application for registered provisional immigrant status.

(B)

Waiver

The Secretary, in the Secretary's sole and unreviewable discretion, subject to subparagraph (D), may waive the application of subparagraph (A) on behalf of an alien if the alien—

(i)

is the spouse or child of a United States citizen or lawful permanent resident;

(ii)

is the parent of a child who is a United States citizen or lawful permanent resident;

(iii)

meets the requirements set forth in clauses (ii) and (iii) of section 245D(b)(1)(A); or

(iv)

meets the requirements set forth in section 245D(b)(1)(A)(ii), is 16 years or older on the date on which the alien applies for registered provisional immigrant status, and was physically present in the United States for an aggregate period of not less than 3 years during the 6-year period immediately preceding the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act .

(C)

Eligibility

Subject to subparagraph (D) and notwithstanding subsection (b)(2), section 241(a)(5), or a prior order of exclusion, deportation, or removal, an alien described in subparagraph (B) who is otherwise eligible for registered provisional immigrant status may file an application for such status.

(D)

Crime victims' rights to notice and consultation

Prior to applying, or exercising, any authority under this paragraph, or ruling upon an application allowed under subparagraph (C) the Secretary shall—

(i)

determine whether or not an alien described under subparagraph (B) or (C) has a conviction for any criminal offense;

(ii)

in consultation with the agency that prosecuted the criminal offense under clause (i), if the agency, in the sole discretion of the agency, is willing to cooperate with the Secretary, make all reasonable efforts to identify each victim of a crime for which an alien determined to be a criminal under clause (i) has a conviction;

(iii)

in consultation with the agency that prosecuted the criminal offense under clause (i), if the agency, in the sole discretion of the agency, is willing to cooperate with the Secretary, make all reasonable efforts to provide each victim identified under clause (ii) with written notice that the alien is being considered for a waiver under this paragraph, specifying in such notice that the victim may—

(I)

take no further action;

(II)

request written notification by the Secretary of any subsequent application for waiver filed by the criminal alien under this paragraph and of the final determination of the Secretary regarding such application; or

(III)

not later than 60 days after the date on which the victim receives written notice under this clause, request a consultation with the Secretary relating to whether the application of the offender should be granted and if the victim cannot be located or if no response is received from the victim within the designated time period, the Secretary shall proceed with adjudication of the application; and

(iv)

at the request of a victim under clause (iii), consult with the victim to determine whether or not the Secretary should, in the case of an alien who is determined under clause (i) to have a conviction for any criminal offense, exercise waiver authority for an alien described under subparagraph (B), or grant the application of an alien described under subparagraph (C).

(E)

Crime victims' right to intervention

In addition to the victim notification and consultation provided for in subparagraph (D), the Secretary shall allow the victim of a criminal alien described under subparagraph (B) or (C) to request consultation regarding, or notice of, any application for waiver filed by the criminal alien under this paragraph, including the final determination of the Secretary regarding such application.

(F)

Confidentiality protections for crime victims

The Secretary and the Attorney General may not make an adverse determination of admissibility or deportability of any alien who is a victim and not lawfully present in the United States based solely on information supplied or derived in the process of identification, notification, or consultation under this paragraph.

(G)

Reports required

Not later than September 30 of each fiscal year in which the Secretary exercises authority under this paragraph to rule upon the application of a criminal offender allowed under subparagraph (C), the Secretary shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report detailing the execution of the victim identification and notification process required under subparagraph (D), which shall include—

(i)

the total number of criminal offenders who have filed an application under subparagraph (C) and the crimes committed by such offenders;

(ii)

the total number of criminal offenders whose application under subparagraph (C) has been granted and the crimes committed by such offenders; and

(iii)

the total number of victims of criminal offenders under clause (ii) who were not provided with written notice of the offender’s application and the crimes committed against the victims.

(H)

Definition

In this paragraph, the term victim has the meaning given the term in section 503(e) of the Victims' Rights and Restitution Act of 1990 ( 42 U.S.C. 10607(e) ).

(7)

Suspension of removal during application period

(A)

Protection from detention or removal

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

(i)

the Secretary determines that—

(I)

such alien is, or has become, ineligible for registered provisional immigrant status under subsection (b)(3); or

(II)

the alien's registered provisional immigrant status has been revoked under subsection (d)(2).

(B)

Aliens in removal proceedings

Notwithstanding any other provision of this Act—

(i)

if the Secretary determines that an alien, during the period beginning on the date of the enactment of this section and ending on the last day of the application period described in paragraph (3), is in removal, deportation, or exclusion proceedings before the Executive Office for Immigration Review and is prima facie eligible for registered provisional immigrant status under this section—

(I)

the Secretary shall provide the alien with the opportunity to file an application for such status; and

(II)

upon motion by the Secretary and with the consent of the alien or upon motion by the alien, the Executive Office for Immigration Review shall—

(aa)

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

(bb)

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

(ii)

if the Executive Office for Immigration Review determines that an alien, during the period beginning on the date of the enactment of this section and ending on the last day of the application period described in paragraph (3), is in removal, deportation, or exclusion proceedings before the Executive Office for Immigration Review and is prima facie eligible for registered provisional immigrant status under this section—

(I)

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

(II)

if the Secretary does not dispute the determination of prima facie eligibility within 7 days after such notification, the Executive Office for Immigration Review, upon consent of the alien, shall—

(aa)

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

(bb)

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

(C)

Treatment of certain aliens

(i)

In general

If an alien who meets the eligibility requirements set forth in subsection (b) is present in the United States and has been ordered excluded, deported, or removed, or ordered to depart voluntarily from the United States under any provision of this Act—

(I)

notwithstanding such order or section 241(a)(5), the alien may apply for registered provisional immigrant status under this section; and

(II)

if the alien is granted such status, the alien shall file a motion to reopen the exclusion, deportation, removal, or voluntary departure order, which motion shall be granted unless 1 or more of the grounds of ineligibility is established by clear and convincing evidence.

(ii)

Limitations on motions to reopen

The limitations on motions to reopen set forth in section 240(c)(7) shall not apply to motions filed under clause (i)(II).

(D)

Period pending adjudication of application

(i)

In general

During the period beginning on the date on which an alien applies for registered provisional immigrant status under paragraph (1) and the date on which the Secretary makes a final decision regarding such application, the alien—

(I)

may receive advance parole to reenter the United States if urgent humanitarian circumstances compel such travel;

(II)

may not be detained by the Secretary or removed from the United States unless the Secretary makes a prima facie determination that such alien is, or has become, ineligible for registered provisional immigrant status under subsection (b)(3);

(III)

shall not be considered unlawfully present for purposes of section 212(a)(9)(B); and

(IV)

shall not be considered an unauthorized alien (as defined in section 274A(h)(3)).

(ii)

Evidence of application filing

As soon as practicable after receiving each application for registered provisional immigrant status, the Secretary shall provide the applicant with a document acknowledging the receipt of such application.

(iii)

Continuing employment

An employer who knows that an alien employee is an applicant for registered provisional immigrant status or will apply for such status once the application period commences is not in violation of section 274A(a)(2) if the employer continues to employ the alien pending the adjudication of the alien employee's application.

(iv)

Effect of departure

Section 101(g) shall not apply to an alien granted—

(I)

advance parole under clause (i)(I) to reenter the United States; or

(II)

registered provisional immigrant status.

(8)

Security and law enforcement clearances

(A)

Biometric and biographic data

The Secretary may not grant registered provisional immigrant status to an alien or an alien dependent spouse or child under this section unless such alien submits biometric and biographic data in accordance with procedures established by the Secretary.

(B)

Alternative procedures

The Secretary shall provide an alternative procedure for applicants who cannot provide the biometric data required under subparagraph (A) because of a physical impairment.

(C)

Clearances

(i)

Data collection

The Secretary shall collect, from each alien applying for status under this section, biometric, biographic, and other data that the Secretary determines to be appropriate—

(I)

to conduct national security and law enforcement clearances; and

(II)

to determine whether there are any national security or law enforcement factors that would render an alien ineligible for such status.

(ii)

Additional security screening

The Secretary, in consultation with the Secretary of State and other interagency partners, shall conduct an additional security screening upon determining, in the Secretary’s opinion based upon information related to national security, that an alien or alien dependent spouse or child is or was a citizen or long-term resident of a region or country known to pose a threat, or that contains groups or organizations that pose a threat, to the national security of the United States.

(iii)

Prerequisite

The required clearances and screenings described in clauses (i)(I) and (ii) shall be completed before the alien may be granted registered provisional immigrant status.

(9)

Duration of status and extension

(A)

In general

The initial period of authorized admission for a registered provisional immigrant—

(i)

shall remain valid for 6 years unless revoked pursuant to subsection (d)(2); and

(ii)

may be extended for additional 6-year terms if—

(I)

the alien remains eligible for registered provisional immigrant status;

(II)

the alien meets the employment requirements set forth in subparagraph (B);

(III)

the alien has successfully passed background checks that are equivalent to the background checks described in section 245D(b)(1)(E); and

(IV)

such status was not revoked by the Secretary for any reason.

(B)

Employment or education requirement

Except as provided in subparagraphs (D) and (E) of section 245C(b)(3), an alien may not be granted an extension of registered provisional immigrant status under this paragraph unless the alien establishes that, during the alien's period of status as a registered provisional immigrant, the alien—

(i)
(I)

was regularly employed throughout the period of admission as a registered provisional immigrant, allowing for brief periods lasting not more than 60 days; and

(II)

is not likely to become a public charge (as determined under section 212(a)(4)); or

(ii)

is able to demonstrate average income or resources that are not less than 100 percent of the Federal poverty level throughout the period of admission as a registered provisional immigrant.

(C)

Payment of taxes

An applicant may not be granted an extension of registered provisional immigrant status under subparagraph (A)(ii) unless the applicant has satisfied any applicable Federal tax liability in accordance with paragraph (2).

(10)

Fees and penalties

(A)

Standard processing fee

(i)

In general

Aliens who are 16 years of age or older and are applying for registered provisional immigrant status under paragraph (1), or for an extension of such status under paragraph (9)(A)(ii), shall pay a processing fee to the Department of Homeland Security in an amount determined by the Secretary.

(ii)

Recovery of costs

The processing fee authorized under clause (i) shall be set at a level that is sufficient to recover the full costs of processing the application, including any costs incurred—

(I)

to adjudicate the application;

(II)

to take and process biometrics;

(III)

to perform national security and criminal checks, including adjudication;

(IV)

to prevent and investigate fraud; and

(V)

to administer the collection of such fee.

(iii)

Authority to limit fees

The Secretary, by regulation, may—

(I)

limit the maximum processing fee payable under this subparagraph by a family, including spouses and unmarried children younger than 21 years of age; and

(II)

exempt defined classes of individuals, including individuals described in section 245B(c)(13), from the payment of the fee authorized under clause (i).

(B)

Deposit and use of processing fees

Fees collected under subparagraph (A)(i)

(i)

shall be deposited into the Immigration Examinations Fee Account pursuant to section 286(m); and

(ii)

shall remain available until expended pursuant to section 286(n).

(C)

Penalty

(i)

Payment

In addition to the processing fee required under subparagraph (A), aliens not described in section 245D(b)(A)(ii) who are 21 years of age or older and are filing an application under this subsection shall pay a $1,000 penalty to the Department of Homeland Security.

(ii)

Installments

The Secretary shall establish a process for collecting payments required under clause (i) that permits the penalty under that clause to be paid in periodic installments that shall be completed before the alien may be granted an extension of status under paragraph (9)(A)(ii).

(iii)

Deposit

Penalties collected pursuant to this subparagraph shall be deposited into the Comprehensive Immigration Reform Trust Fund established under section 9(a)(1) of the Border Security, Economic Opportunity, and Immigration Modernization Act .

(11)

Adjudication

(A)

Failure to submit sufficient evidence

The Secretary shall deny an application submitted by an alien who fails to submit—

(i)

requested initial evidence, including requested biometric data; or

(ii)

any requested additional evidence by the date required by the Secretary.

(B)

Amended application

An alien whose application for registered provisional immigrant status is denied under subparagraph (A) may file an amended application for such status to the Secretary if the amended application—

(i)

is filed within the application period described in paragraph (3); and

(ii)

contains all the required information and fees that were missing from the initial application.

(12)

Evidence of registered provisional immigrant status

(A)

In general

The Secretary shall issue documentary evidence of registered provisional immigrant status to each alien whose application for such status has been approved.

(B)

Documentation features

Documentary evidence provided under subparagraph (A)

(i)

shall be machine-readable and tamper-resistant, and shall contain a digitized photograph;

(ii)

shall, during the alien’s authorized period of admission, and any extension of such authorized admission, serve as a valid travel and entry document for the purpose of applying for admission to the United States;

(iii)

may be accepted during the period of its validity by an employer as evidence of employment authorization and identity under section 274A(b)(1)(B);

(iv)

shall indicate that the alien is authorized to work in the United States for up to 3 years; and

(v)

shall include such other features and information as may be prescribed by the Secretary.

(13)

DACA recipients

Unless the Secretary determines that an alien who was granted Deferred Action for Childhood Arrivals (referred to in this paragraph as DACA) pursuant to the Secretary’s memorandum of June 15, 2012, has engaged in conduct since the alien was granted DACA that would make the alien ineligible for registered provisional immigrant status, the Secretary may grant such status to the alien if renewed national security and law enforcement clearances have been completed on behalf of the alien.

(d)

Terms and conditions of registered provisional immigrant status

(1)

Conditions of registered provisional immigrant status

(A)

Employment

Notwithstanding any other provision of law, including section 241(a)(7), a registered provisional immigrant shall be authorized to be employed in the United States while in such status.

(B)

Travel outside the united states

A registered provisional immigrant may travel outside of the United States and may be admitted, if otherwise admissible, upon returning to the United States without having to obtain a visa if—

(i)

the alien is in possession of—

(I)

valid, unexpired documentary evidence of registered provisional immigrant status that complies with subsection (c)(12); or

(II)

a travel document, duly approved by the Secretary, that was issued to the alien after the alien's original documentary evidence was lost, stolen, or destroyed;

(ii)

the alien's absence from the United States did not exceed 180 days, unless the alien's failure to timely return was due to extenuating circumstances beyond the alien's control;

(iii)

the alien meets the requirements for an extension as described in subclauses (I) and (III) of paragraph (9)(A); and

(iv)

the alien establishes that the alien is not inadmissible under subparagraph (A)(i), (A)(iii), (B), or (C) of section 212(a)(3).

(C)

Admission

An alien granted registered provisional immigrant status under this section shall be considered to have been admitted and lawfully present in the United States in such status as of the date on which the alien’s application was filed.

(D)

Clarification of status

An alien granted registered provisional immigrant status—

(i)

is lawfully admitted to the United States; and

(ii)

may not be classified as a nonimmigrant or as an alien who has been lawfully admitted for permanent residence.

(2)

Revocation

(A)

In general

The Secretary may revoke the status of a registered provisional immigrant at any time after providing appropriate notice to the alien, and after the exhaustion or waiver of all applicable administrative review procedures under section 245E(c), if the alien—

(i)

no longer meets the eligibility requirements set forth in subsection (b);

(ii)

knowingly used documentation issued under this section for an unlawful or fraudulent purpose;

(iii)

is convicted of fraudulently claiming or receiving a Federal means-tested benefit (as defined and implemented in section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1613 )) after being granted registered provisional immigrant status; or

(iv)

was absent from the United States—

(I)

for any single period longer than 180 days in violation of the requirements set forth in paragraph (1)(B)(ii); or

(II)

for more than 180 days in the aggregate during any calendar year, unless the alien's failure to timely return was due to extenuating circumstances beyond the alien's control.

(B)

Additional evidence

In determining whether to revoke an alien's status under subparagraph (A), the Secretary may require the alien—

(i)

to submit additional evidence; or

(ii)

to appear for an interview.

(C)

Invalidation of documentation

If an alien’s registered provisional immigrant status is revoked under subparagraph (A), any documentation issued by the Secretary to such alien under subsection (c)(12) shall automatically be rendered invalid for any purpose except for departure from the United States.

(3)

Ineligibility for public benefits

(A)

In general

An alien who has been granted registered provisional immigrant status under this section is not eligible for any Federal means-tested public benefit (as defined and implemented in section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1613 )).

(B)

Audits

The Secretary of Health and Human Services shall conduct regular audits to ensure that registered provisional immigrants are not fraudulently receiving any of the benefits described in subparagraph (A).

(4)

Treatment of registered provisional immigrants

A noncitizen granted registered provisional immigrant status under this section shall be considered lawfully present in the United States for all purposes while such noncitizen remains in such status, except that the noncitizen—

(A)

is not entitled to the premium assistance tax credit authorized under section 36B of the Internal Revenue Code of 1986 for his or her coverage;

(B)

shall be subject to the rules applicable to individuals not lawfully present that are set forth in subsection (e) of such section;

(C)

shall be subject to the rules applicable to individuals not lawfully present that are set forth in section 1402(e) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 ); and

(D)

shall be subject to the rules applicable to individuals not lawfully present set forth in section 5000A(d)(3) of the Internal Revenue Code of 1986.

(5)

Assignment of social security number

(A)

In general

The Commissioner of Social Security, in coordination with the Secretary, shall implement a system to allow for the assignment of a Social Security number and the issuance of a Social Security card to each alien who has been granted registered provisional immigrant status under this section.

(B)

Use of information

The Secretary shall provide the Commissioner of Social Security with information from the applications filed by aliens granted registered provisional immigrant status under this section and such other information as the Commissioner determines to be necessary to assign a Social Security account number to such aliens. The Commissioner may use information received from the Secretary under this subparagraph to assign Social Security account numbers to such aliens and to administer the programs of the Social Security Administration. The Commissioner may maintain, use, and disclose such information only as permitted under section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974) and other applicable Federal laws.

(e)

Dissemination of information on registered provisional immigrant program

As soon as practicable after the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act , the Secretary, in cooperation with entities approved by the Secretary, and in accordance with a plan adopted by the Secretary, shall broadly disseminate, in the most common languages spoken by aliens who would qualify for registered provisional immigrant status under this section, to television, radio, print, and social media to which such aliens would likely have access—

(1)

the procedures for applying for such status;

(2)

the terms and conditions of such status; and

(3)

the eligibility requirements for such status.

.

(b)

Enlistment in the armed forces

Section 504(b)(1) of title 10, United States Code, is amended by adding at the end the following:

(D)

An alien who has been granted registered provisional immigrant status under section 245B of the Immigration and Nationality Act.

.

2102.

Adjustment of status of registered provisional immigrants

(a)

In general

Chapter 5 of title II ( 8 U.S.C. 1255 et seq.) is amended by inserting after section 245B, as added by section 2101 of this title, the following:

245C.

Adjustment of status of registered provisional immigrants

(a)

In general

Subject to section 245E(d) and section 2302(c)(3) of the Border Security, Economic Opportunity, and Immigration Modernization Act , the Secretary may adjust the status of a registered provisional immigrant to that of an alien lawfully admitted for permanent residence if the registered provisional immigrant satisfies the eligibility requirements set forth in subsection (b).

(b)

Eligibility requirements

(1)

Registered provisional immigrant status

(A)

In general

The alien was granted registered provisional immigrant status under section 245B and remains eligible for such status.

(B)

Continuous physical presence

The alien establishes, to the satisfaction of the Secretary, that the alien was not continuously absent from the United States for more than 180 days in any calendar year during the period of admission as a registered provisional immigrant, unless the alien's absence was due to extenuating circumstances beyond the alien's control.

(C)

Maintenance of waivers of inadmissibility

The grounds of inadmissibility set forth in section 212(a) that were previously waived for the alien or made inapplicable under section 245B(b) shall not apply for purposes of the alien’s adjustment of status under this section.

(D)

Pending revocation proceedings

If the Secretary has notified the applicant that the Secretary intends to revoke the applicant’s registered provisional immigrant status under section 245B(d)(2)(A), the Secretary may not approve an application for adjustment of status under this section unless the Secretary makes a final determination not to revoke the applicant’s status.

(2)

Payment of taxes

(A)

In general

An applicant may not file an application for adjustment of status under this section unless the applicant has satisfied any applicable Federal tax liability.

(B)

Definition of applicable federal tax liability

In subparagraph (A), the term applicable Federal tax liability means all Federal income taxes assessed in accordance with section 6203 of the Internal Revenue Code of 1986 since the date on which the applicant was authorized to work in the United States as a registered provisional immigrant under section 245B(a).

(C)

Compliance

The applicant may demonstrate compliance with subparagraph (A) by submitting such documentation as the Secretary, in consultation with the Secretary of the Treasury, may require by regulation.

(3)

Employment requirement

(A)

In general

Except as provided in subparagraphs (D) and (E), an alien applying for adjustment of status under this section shall establish that, during his or her period of status as a registered provisional immigrant, he or she—

(i)
(I)

was regularly employed throughout the period of admission as a registered provisional immigrant, allowing for brief periods lasting not more than 60 days; and

(II)

is not likely to become a public charge (as determined under section 212(a)(4)); or

(ii)

can demonstrate average income or resources that are not less than 125 percent of the Federal poverty level throughout the period of admission as a registered provisional immigrant.

(B)

Evidence of employment

(i)

Documents

An alien may satisfy the employment requirement under subparagraph (A)(i) by submitting, to the Secretary, records that—

(I)

establish, by the preponderance of the evidence, compliance with such employment requirement; and

(II)

have been maintained by the Social Security Administration, the Internal Revenue Service, or any other Federal, State, or local government agency.

(ii)

Other documents

An alien who is unable to submit the records described in clause (i) may satisfy the employment or education requirement under subparagraph (A) by submitting to the Secretary at least 2 types of reliable documents not described in clause (i) that provide evidence of employment or education, including—

(I)

bank records;

(II)

business records;

(III)

employer records;

(IV)

records of a labor union, day labor center, or organization that assists workers in employment;

(V)

sworn affidavits from nonrelatives who have direct knowledge of the alien's work or education, that contain—

(aa)

the name, address, and telephone number of the affiant;

(bb)

the nature and duration of the relationship between the affiant and the alien; and

(cc)

other verification or information;

(VI)

remittance records; and

(VII)

school records from institutions described in subparagraph (D).

(iii)

Additional documents and restrictions

The Secretary may—

(I)

designate additional documents that may be used to establish compliance with the requirement under subparagraph (A); and

(II)

set such terms and conditions on the use of affidavits as may be necessary to verify and confirm the identity of any affiant or to otherwise prevent fraudulent submissions.

(C)

Satisfaction of employment requirement

An alien may not be required to satisfy the employment requirements under this section with a single employer.

(D)

Education permitted

An alien may satisfy the requirement under subparagraph (A), in whole or in part, by providing evidence of full-time attendance at—

(i)

an institution of higher education (as defined in section 102(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1002(a) ));

(ii)

a secondary school, including a public secondary school (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ));

(iii)

an education, literacy, or career and technical training program (including vocational training) that is designed to lead to placement in postsecondary education, job training, or employment through which the alien is working toward such placement; or

(iv)

an education program assisting students either in obtaining a high school equivalency diploma, certificate, or its recognized equivalent under State law (including a certificate of completion, certificate of attendance, or alternate award), or in passing a General Educational Development exam or other equivalent State-authorized exam or completed other applicable State requirements for high school equivalency.

(E)

Authorization of exceptions and waivers

(i)

Exceptions based on age or disability

The employment and education requirements under this paragraph shall not apply to any alien who—

(I)

is younger than 21 years of age on the date on which the alien files an application for the first extension of the initial period of authorized admission as a registered provisional immigrant;

(II)

is at least 60 years of age on the date on which the alien files an application for an extension of registered provisional immigrant status or at least 65 years of age on the date on which the alien's application for adjustment of status is filed under this section; or

(III)

has a physical or mental disability (as defined in section 3(2) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102(2) )) or as a result of pregnancy if such condition is evidenced by the submission of documentation prescribed by the Secretary.

(ii)

Family exceptions

The employment and education requirements under this paragraph shall not apply to any alien who is a dependent registered provisional immigrant under subsection (b)(5).

(iii)

Temporary exceptions

The employment and education requirements under this paragraph shall not apply during any period during which the alien—

(I)

was on medical leave, maternity leave, or other employment leave authorized by Federal law, State law, or the policy of the employer;

(II)

is or was the primary caretaker of a child or another person who requires supervision or is unable to care for himself or herself; or

(III)

was unable to work due to circumstances outside the control of the alien.

(iv)

Waiver

The Secretary may waive the employment or education requirements under this paragraph with respect to any individual alien who demonstrates extreme hardship to himself or herself or to a spouse, parent, or child who is a United States citizen or lawful permanent resident.

(4)

English skills

(A)

In general

Except as provided under subparagraph (C), a registered provisional immigrant who is 16 years of age or older shall establish that he or she—

(i)

meets the requirements set forth in section 312; or

(ii)

is satisfactorily pursuing a course of study, pursuant to standards established by the Secretary of Education, in consultation with the Secretary, to achieve an understanding of English and knowledge and understanding of the history and Government of the United States, as described in section 312(a).

(B)

Relation to naturalization examination

A registered provisional immigrant who demonstrates that he or she meets the requirements set forth in section 312 may be considered to have satisfied such requirements for purposes of becoming naturalized as a citizen of the United States.

(C)

Exceptions

(i)

Mandatory

Subparagraph (A) shall not apply to any person who is unable to comply with the requirements under that subparagraph because of a physical or developmental disability or mental impairment.

(ii)

Discretionary

The Secretary may waive all or part of subparagraph (A) for a registered provisional immigrant who is 70 years of age or older on the date on which an application is filed for adjustment of status under this section.

(5)

Military selective service

The alien shall provide proof of registration under the Military Selective Service Act (50 U.S.C. App. 451 et seq.), if the alien is subject to such registration on or after the date on which the alien's application for registered provisional immigrant status is granted.

(c)

Application procedures

(1)

In general

Beginning on the date described in paragraph (2), a registered provisional immigrant, or a registered provisional immigrant dependent, who meets the eligibility requirements set forth in subsection (b) may apply for adjustment of status to that of an alien lawfully admitted for permanent residence by submitting an application to the Secretary that includes the evidence required, by regulation, to demonstrate the applicant's eligibility for such adjustment.

(2)

Back of the line

The status of a registered provisional immigrant may not be adjusted to that of an alien lawfully admitted for permanent residence under this section until after the Secretary of State certifies that immigrant visas have become available for all approved petitions for immigrant visas that were filed under sections 201 and 203 before the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act .

(3)

Interview

The Secretary may interview applicants for adjustment of status under this section to determine whether they meet the eligibility requirements set forth in subsection (b).

(4)

Security and law enforcement clearances

The Secretary may not adjust the status of a registered provisional immigrant under this section until renewed national security and law enforcement clearances have been completed with respect to the registered provisional immigrant, to the satisfaction of the Secretary.

(5)

Fees and penalties

(A)

Processing fees

(i)

In general

The Secretary shall impose a processing fee on applicants for adjustment of status under this section at a level sufficient to recover the full cost of processing such applications, including costs associated with—

(I)

adjudicating the applications;

(II)

taking and processing biometrics;

(III)

performing national security and criminal checks, including adjudication;

(IV)

preventing and investigating fraud; and

(V)

the administration of the fees collected.

(ii)

Authority to limit fees

The Secretary, by regulation, may—

(I)

limit the maximum processing fee payable under this subparagraph by a family, including spouses and children; and

(II)

exempt other defined classes of individuals from the payment of the fee authorized under clause (i).

(iii)

Deposit and use of fees

Fees collected under this subparagraph—

(I)

shall be deposited into the Immigration Examinations Fee Account pursuant to section 286(m); and

(II)

shall remain available until expended pursuant to section 286(n).

(B)

Penalties

(i)

In general

In addition to the processing fee required under subparagraph (A) and the penalty required under section 245B(c)(6)(D), an alien who was 21 years of age or older on the date on which the Border Security, Economic Opportunity, and Immigration Modernization Act was originally introduced in the Senate and is filing an application for adjustment of status under this section shall pay a $1,000 penalty to the Secretary unless the alien meets the requirements under section 245D(b).

(ii)

Installments

The Secretary shall establish a process for collecting payments required under clause (i) through periodic installments.

(iii)

Deposit, allocation, and spending of penalties

Penalties collected under this subparagraph—

(I)

shall be deposited into the Comprehensive Immigration Trust Fund established under section 9(a)(1) of the Border Security, Economic Opportunity, and Immigration Modernization Act ; and

(II)

may be used for the purposes set forth in section 9(a)(3)(B) of such Act.

.

(b)

Limitation on registered provisional immigrants

An alien admitted as a registered provisional immigrant under section 245B of the Immigration and Nationality Act, as added by subsection (a), may only adjust status to an alien lawfully admitted for permanent resident status under section 245C or 245D of such Act or section 2302.

(c)

Naturalization

Section 319 ( 8 U.S.C. 1430 ) is amended—

(1)

in the section heading, by striking and employees of certain nonprofit organizations and inserting , employees of certain nonprofit organizations, and other long-term lawful residents ; and

(2)

by adding at the end the following:

(f)

Any lawful permanent resident who was lawfully present in the United States and eligible for work authorization for not less than 10 years before becoming a lawful permanent resident may be naturalized upon compliance with all the requirements under this title except the provisions of section 316(a)(1) if such person, immediately preceding the date on which the person filed an application for naturalization—

(1)

has resided continuously within the United States, after being lawfully admitted for permanent residence, for at least 3 years;

(2)

during the 3-year period immediately preceding such filing date, has been physically present in the United States for periods totaling at least 50 percent of such period; and

(3)

has resided within the State or in the jurisdiction of the U.S. Citizenship and Immigration Services field office in the United States in which the applicant filed such application for at least 3 months.

.

2103.

The DREAM Act

(a)

Short title

This section may be cited as the Development, Relief, and Education for Alien Minors Act of 2013 or the DREAM Act 2013 .

(b)

Adjustment of status for certain aliens who entered the United States as children

Chapter 5 of title II ( 8 U.S.C. 1255 et seq.) is amended by inserting after section 245C, as added by section 2102 of this title, the following:

245D.

Adjustment of status for certain aliens who entered the United States as children

(a)

Definitions

In this section:

(1)

Institution of higher education

The term institution of higher education has the meaning given such term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ), except that the term does not include institutions described in subsection (a)(1)(C) of such section.

(2)

Secretary

The term Secretary means the Secretary of Homeland Security.

(3)

Uniformed services

The term Uniformed Services has the meaning given the term uniformed services in section 101(a)(5) of title 10, United States Code.

(b)

Adjustment of status for certain aliens who entered the united states as children

(1)

Requirements

(A)

In general

The Secretary may adjust the status of a registered provisional immigrant to the status of a lawful permanent resident if the immigrant demonstrates that he or she—

(i)

has been a registered provisional immigrant for at least 5 years;

(ii)

was younger than 16 years of age on the date on which the alien initially entered the United States;

(iii)

has earned a high school diploma, a commensurate alternative award from a public or private high school or secondary school, or has obtained a general education development certificate recognized under State law, or a high school equivalency diploma in the United States;

(iv)
(I)

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

(II)

has served in the Uniformed Services for at least 4 years and, if discharged, received an honorable discharge; and

(v)

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

(B)

Hardship exception

(i)

In general

The Secretary may adjust the status of a registered provisional immigrant to the status of a lawful permanent resident if the alien—

(I)

satisfies the requirements under clauses (i), (ii), (iii), and (v) of subparagraph (A); and

(II)

demonstrates compelling circumstances for the inability to satisfy the requirement under subparagraph (A)(iv).

(C)

Citizenship requirement

(i)

In general

Except as provided in clause (ii), the Secretary may not adjust the status of an alien to lawful permanent resident status under this section unless the alien demonstrates that the alien satisfies the requirements under section 312(a).

(ii)

Exception

Clause (i) shall not apply to an alien whose physical or developmental disability or mental impairment prevents the alien from meeting the requirements such section.

(D)

Submission of biometric and biographic data

The Secretary may not adjust the status of an alien to lawful permanent resident status unless the alien—

(i)

submits biometric and biographic data, in accordance with procedures established by the Secretary; or

(ii)

complies with an alternative procedure prescribed by the Secretary, if the alien is unable to provide such biometric data because of a physical impairment.

(E)

Background checks

(i)

Requirement for background checks

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

(I)

to conduct national security and law enforcement background checks of an alien applying for lawful permanent resident status under this section; and

(II)

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

(ii)

Completion of background checks

The Secretary may not adjust an alien's status to the status of a lawful permanent resident under this subsection until the national security and law enforcement background checks required under clause (i) have been completed with respect to the alien, to the satisfaction of the Secretary.

(2)

Application for lawful permanent resident status

(A)

In general

A registered provisional immigrant seeking lawful permanent resident status shall file an application for such status in such manner as the Secretary may require.

(B)

Adjudication

(i)

In general

The Secretary shall evaluate each application filed by a registered provisional immigrant under this paragraph to determine whether the alien meets the requirements under paragraph (1).

(ii)

Adjustment of status if favorable determination

If the Secretary determines that the alien meets the requirements under paragraph (1), the Secretary shall notify the alien of such determination and adjust the status of the alien to lawful permanent resident status, effective as of the date of such determination.

(iii)

Adverse determination

If the Secretary determines that the alien does not meet the requirements under paragraph (1), the Secretary shall notify the alien of such determination.

(C)

DACA recipients

The Secretary may adopt streamlined procedures for applicants for adjustment to lawful permanent resident status under this section who were granted Deferred Action for Childhood Arrivals pursuant to the Secretary’s memorandum of June 15, 2012.

(3)

Treatment for purposes of naturalization

(A)

In general

An alien granted lawful permanent resident status under this section shall be considered, for purposes of title III

(i)

to have been lawfully admitted for permanent residence; and

(ii)

to have been in the United States as an alien lawfully admitted to the United States for permanent residence during the period the alien was a registered provisional immigrant.

(B)

Limitation on application for naturalization

An alien may not apply for naturalization while the alien is in registered provisional immigrant status, except for an alien described in paragraph (1)(A)(ii) pursuant to section 328 or 329.

.

(c)

Exemption from numerical limitations

Section 201(b)(1) ( 8 U.S.C. 1151(b)(1) ) is amended—

(1)

by redesignating subparagraph (E) as subparagraph (F); and

(2)

by inserting after subparagraph (D) the following:

(E)

Aliens whose status is adjusted to permanent resident status under section 245C or 245D.

.

(d)

Restoration of State option To determine residency for purposes of higher education

(1)

Repeal

Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1623 ) is repealed.

(2)

Effective date

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

(e)

Naturalization

Section 328(a) ( 8 U.S.C. 1439(a) ) is amended by inserting , without having been lawfully admitted to the United States for permanent resident, and after naturalized.

(f)

Limitation on Federal student assistance

Notwithstanding any other provision of law, aliens granted registered provisional immigrant status and who initially entered the United States before reaching 16 years of age and aliens granted blue card status shall be eligible only for the following assistance under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq.):

(1)

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

(2)

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

(3)

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

2104.

Additional requirements

(a)

In general

Chapter 5 of title II ( 8 U.S.C. 1255 et seq.) is amended by inserting after section 245C, as added by section 2102 of this title, the following:

245E.

Additional requirements relating to registered provisional immigrants and others

(a)

Disclosures

(1)

Prohibited disclosures

Except as otherwise provided in this subsection, no officer or employee of any Federal agency may—

(A)

use the information furnished in an application for lawful status under section 245B, 245C, or 245D for any purpose other than to make a determination on any application by the alien for any immigration benefit or protection;

(B)

make any publication through which information furnished by any particular applicant can be identified; or

(C)

permit anyone other than the sworn officers, employees, and contractors of such agency or of another entity approved by the Secretary to examine any individual application for lawful status under section 245B, 245C, or 245D.

(2)

Required disclosures

The Secretary shall provide the information furnished in an application filed under section 245B, 245C, or 245D and any other information derived from such furnished information to—

(A)

a law enforcement agency, intelligence agency, national security agency, a component of the Department of Homeland Security, court, or grand jury, consistent with law, in connection with—

(i)

a criminal investigation or prosecution of any felony not related to the applicant’s immigration status; or

(ii)

a national security investigation or prosecution; and

(B)

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

(3)

Auditing and evaluation of information

The Secretary may—

(A)

audit and evaluate information furnished as part of any application filed under section 245B, 245C, or 245D for purposes of identifying immigration fraud or fraud schemes; and

(B)

use any evidence detected by means of audits and evaluations for purposes of investigating, prosecuting, referring for prosecution, or denying or terminating immigration benefits.

(b)

Employer protections

(1)

Use of employment records

Copies of employment records or other evidence of employment provided by an alien or by an alien's employer in support of an alien's application for registered provisional immigrant status under section 245B may not be used in a civil or criminal prosecution or investigation of that employer under section 274A or the Internal Revenue Code of 1986 for the prior unlawful employment of that alien regardless of the adjudication of such application or reconsideration by the Secretary of such alien's prima facie eligibility determination. Employers that provide unauthorized aliens with copies of employment records or other evidence of employment pursuant to an application for registered provisional immigrant status shall not be subject to civil and criminal liability pursuant to section 274A for employing such unauthorized aliens.

(2)

Limit on applicability

The protections for employers and aliens under paragraph (1) shall not apply if the aliens or employers submit employment records that are deemed to be fraudulent.

(c)

Administrative review

(1)

Exclusive administrative review

Administrative review of a determination respecting an application for status under section 245B, 245C, 245D, or 245F or section 2211 of the Agricultural Worker Program Act of 2013 shall be conducted solely in accordance with this subsection.

(2)

Administrative appellate review

(A)

Establishment of administrative appellate authority

The Secretary shall establish or designate an appellate authority to provide for a single level of administrative appellate review of a determination with respect to applications for, or revocation of, status under sections 245B, 245C, and 245D.

(B)

Single appeal for each administrative decision

(i)

In general

An alien in the United States whose application for status under section 245B, 245C, or 245D has been denied or revoked may file with the Secretary not more than 1 appeal of each decision to deny or revoke such status.

(ii)

Notice of appeal

A notice of appeal filed under this subparagraph shall be filed not later than 90 days after the date of service of the decision of denial or revocation, unless the delay was reasonably justifiable.

(C)

Review by Secretary

Nothing in this paragraph may be construed to limit the authority of the Secretary to certify appeals for review and final administrative decision.

(D)

Denial of petitions for dependents

Appeals of a decision to deny or revoke a petition filed by a registered provisional immigrant pursuant to regulations promulgated under section 245B to classify a spouse or child of such alien as a registered provisional immigrant shall be subject to the administrative appellate authority described in subparagraph (A).

(E)

Stay of removal

Aliens seeking administrative review shall not be removed from the United States until a final decision is rendered establishing ineligibility for status under section 245B, 245C, or 245D.

(3)

Record for review

Administrative appellate review under paragraph (2) shall be de novo and based solely upon—

(A)

the administrative record established at the time of the determination on the application; and

(B)

any additional newly discovered or previously unavailable evidence.

(4)

Unlawful presence

During the period in which an alien may request administrative review under this subsection, and during the period that any such review is pending, the alien shall not be considered unlawfully present in the United States for purposes of section 212(a)(9)(B).

(d)

Privacy and civil liberties

(1)

In general

The Secretary, in accordance with subsection (a)(1), shall require appropriate administrative and physical safeguards to protect the security, confidentiality, and integrity of personally identifiable information collected, maintained, and disseminated pursuant to sections 245B, 245C, and 245D.

(2)

Assessments

Notwithstanding the privacy requirements set forth in section 222 of the Homeland Security Act ( 6 U.S.C. 142 ) and the E–Government Act of 2002 ( Public Law 107–347 ), the Secretary shall conduct a privacy impact assessment and a civil liberties impact assessment of the legalization program established under sections 245B, 245C, and 245D during the pendency of the interim final regulations required to be issued under section 2110 of the Border Security, Economic Opportunity, and Immigration Modernization Act .

.

(b)

Judicial review

Section 242 ( 8 U.S.C. 1252 ) is amended—

(1)

in subsection (a)(2)

(A)

in subparagraph (B), by inserting the exercise of discretion arising under after no court shall have jurisdiction to review;

(B)

in subparagraph (D), by striking raised upon a petition for review filed with an appropriate court of appeals in accordance with this section;

(2)

in subsection (b)(2), by inserting or, in the case of a decision rendered under section 245E(c), in the judicial circuit in which the petitioner resides after proceedings; and

(3)

by adding at the end the following:

(h)

Judicial review of eligibility determinations relating to status under chapter 5

(1)

Direct review

If an alien's application under section 245B, 245C, 245D, or 245F or section 2211 of the Agricultural Worker Program Act of 2013 is denied, or is revoked after the exhaustion of administrative appellate review under section 245E(c), the alien may seek review of such decision, in accordance with chapter 7 of title 5, United States Code, before the United States district court for the district in which the person resides.

(2)

Status during review

While a review described in paragraph (1) is pending—

(A)

the alien shall not be deemed to accrue unlawful presence for purposes of section 212(a)(9);

(B)

any unexpired grant of voluntary departure under section 240B shall be tolled; and

(C)

the court shall have the discretion to stay the execution of any order of exclusion, deportation, or removal.

(3)

Review after removal proceedings

An alien may seek judicial review of a denial or revocation of approval of the alien's application under section 245B, 245C, or 245D in the appropriate United States court of appeal in conjunction with the judicial review of an order of removal, deportation, or exclusion if the validity of the denial has not been upheld in a prior judicial proceeding under paragraph (1).

(4)

Standard for judicial review

(A)

Basis

Judicial review of a denial, or revocation of an approval, of an application under section 245B, 245C, or 245D shall be based upon the administrative record established at the time of the review.

(B)

Authority to remand

The reviewing court may remand a case under this subsection to the Secretary for consideration of additional evidence if the court finds that—

(i)

the additional evidence is material; and

(ii)

there were reasonable grounds for failure to adduce the additional evidence before the Secretary.

(C)

Scope of review

Notwithstanding any other provision of law, judicial review of all questions arising from a denial, or revocation of an approval, of an application under section 245B, 245C, or 245D shall be governed by the standard of review set forth in section 706 of title 5, United States Code.

(5)

Remedial powers

(A)

Jurisdiction

Notwithstanding any other provision of law, the United States district courts shall have jurisdiction over any cause or claim arising from a pattern or practice of the Secretary in the operation or implementation of the Border Security, Economic Opportunity, and Immigration Modernization Act , or the amendments made by such Act, that is arbitrary, capricious, or otherwise contrary to law.

(B)

Scope of relief

The United States district courts may order any appropriate relief in a clause or claim described in subparagraph (A) without regard to exhaustion, ripeness, or other standing requirements (other than constitutionally mandated requirements), if the court determines that—

(i)

the resolution of such cause or claim will serve judicial and administrative efficiency; or

(ii)

a remedy would otherwise not be reasonably available or practicable.

(6)

Challenges to the validity of the system

(A)

In general

Except as provided in paragraph (5), any claim that section 245B, 245C, 245D, or 245E or any regulation, written policy, or written directive, issued or unwritten policy or practice initiated by or under the authority of the Secretary to implement such sections, violates the Constitution of the United States or is otherwise in violation of law is available exclusively in an action instituted in United States District Court in accordance with the procedures prescribed in this paragraph.

(B)

Savings provision

Except as provided in subparagraph (C), nothing in subparagraph (A) may be construed to preclude an applicant under 245B, 245C, or 245D from asserting that an action taken or a decision made by the Secretary with respect to the applicant's status was contrary to law.

(C)

Class actions

Any claim described in subparagraph (A) that is brought as a class action shall be brought in conformity with—

(i)

the Class Action Fairness Act of 2005 ( Public Law 109–2 ); and

(ii)

the Federal Rules of Civil Procedure.

(D)

Preclusive effect

The final disposition of any claim brought under subparagraph (A) shall be preclusive of any such claim asserted by the same individual in a subsequent proceeding under this subsection.

(E)

Exhaustion and stay of proceedings

(i)

In general

No claim brought under this paragraph shall require the plaintiff to exhaust administrative remedies under section 245E(c).

(ii)

Stay authorized

Nothing in this paragraph may be construed to prevent the court from staying proceedings under this paragraph to permit the Secretary to evaluate an allegation of an unwritten policy or practice or to take corrective action. In determining whether to issue such a stay, the court shall take into account any harm the stay may cause to the claimant.

.

(c)

Rule of construction

Section 244(h) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(h) ) shall not limit the authority of the Secretary to adjust the status of an alien under section 245C or 245D of the Immigration and Nationality Act, as added by this subtitle.

(d)

Effect of failure To register on eligibility for immigration benefits

Failure to comply with section 264.1(f) of title 8, Code of Federal Regulations or with removal orders or voluntary departure agreements based on such section for acts committed before the date of the enactment of this Act shall not affect the eligibility of an alien to apply for a benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.).

(e)

Clerical amendment

The table of contents is amended by inserting after the item relating to section 245A the following:

Sec. 245E. Additional requirements relating to registered provisional immigrants and others.

.

2105.

Criminal penalty

(a)

In general

Chapter 69 of title 18, United States Code, is amended by adding at the end the following:

1430.

Improper use of information relating to registered provisional immigrant applications

Any person who knowingly uses, publishes, or permits information described in section 245E(a) of the Immigration and Nationality Act to be examined in violation of such section shall be fined not more than $10,000.

.

(b)

Deposit of fines

All criminal penalties collected under section 1430 of title 18, United States Code, as added by subsection (a), shall be deposited into the Comprehensive Immigration Reform Trust Fund established under section 9(a)(1).

(c)

Clerical amendment

The table of sections in chapter 69 of title 18, United States Code, is amended by adding at the end the following:

1430. Improper use of information relating to registered provisional immigrant applications.

.

2106.

Grant program to assist eligible applicants

(a)

Establishment

The Secretary may establish, within U.S. Citizenship and Immigration Services, a program to award grants, on a competitive basis, to eligible nonprofit organizations that will use the funding to assist eligible applicants under section 245B, 245C, 245D, or 245F of the Immigration and Nationality Act or section 2211 of this Act by providing them with the services described in subsection (c).

(b)

Eligible nonprofit organization

The term eligible nonprofit organization means a nonprofit, tax-exempt organization, including a community, faith-based or other immigrant-serving organization, whose staff has demonstrated qualifications, experience, and expertise in providing quality services to immigrants, refugees, persons granted asylum, or persons applying for such statuses.

(c)

Use of funds

Grant funds awarded under this section may be used for the design and implementation of programs that provide—

(1)

information to the public regarding the eligibility and benefits of registered provisional immigrant status authorized under section 245B of the Immigration and Nationality Act and blue card status authorized under section 2211, particularly to individuals potentially eligible for such status;

(2)

assistance, within the scope of authorized practice of immigration law, to individuals submitting applications for registered provisional immigrant status or blue card status, including—

(A)

screening prospective applicants to assess their eligibility for such status;

(B)

completing applications and petitions, including providing assistance in obtaining the requisite documents and supporting evidence;

(C)

applying for any waivers for which applicants and qualifying family members may be eligible; and

(D)

providing any other assistance that the Secretary or grantees consider useful or necessary to apply for registered provisional immigrant status or blue card status;

(3)

assistance, within the scope of authorized practice of immigration law, to individuals seeking to adjust their status to that of an alien admitted for permanent residence under section 245C or 245F of the Immigration and Nationality Act; and

(4)

assistance, within the scope of authorized practice of immigration law, and instruction, to individuals—

(A)

on the rights and responsibilities of United States citizenship;

(B)

in civics and civics-based English as a second language; and

(C)

in applying for United States citizenship.

(d)

Source of grant funds

(1)

Application fees

The Secretary may use up to $50,000,000 from the Comprehensive Immigration Reform Trust Fund established under section 9(a)(1) to carry out this section.

(2)

Authorization of appropriations

(A)

Amounts authorized

In addition to the amounts made available under paragraph (1), there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2014 through 2018 to carry out this section .

(B)

Availability

Any amounts appropriated pursuant to subparagraph (A) shall remain available until expended.

2107.

Conforming amendments to the Social Security Act

(a)

Correction of Social Security records

(1)

In general

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

(A)

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

(B)

in subparagraph (C), by striking the comma at the end and inserting a semicolon;

(C)

by inserting after subparagraph (C) the following:

(D)

who is granted status as a registered provisional immigrant under section 245B or 245D of the Immigration and Nationality Act; or

(E)

whose status is adjusted to that of lawful permanent resident under section 245C of the Immigration and Nationality Act,

; and

(D)

in the undesignated matter at the end, by inserting , or in the case of an alien described in subparagraph (D) or (E), if such conduct is alleged to have occurred before the date on which the alien submitted an application under section 245B of such Act for classification as a registered provisional immigrant before the period at the end.

(2)

Effective date

The amendments made by paragraph (1) shall take effect on the first day of the tenth month that begins after the date of the enactment of this Act.

(b)

State discretion regarding termination of parental rights

(1)

In general

A compelling reason for a State not to file (or to join in the filing of) a petition to terminate parental rights under section 475(5)(E) of the Social Security Act ( 42 U.S.C. 675(5)(E) ) shall include—

(A)

the removal of the parent from the United States, unless the parent is unfit or unwilling to be a parent of the child; or

(B)

the involvement of the parent in (including detention pursuant to) an immigration proceeding, unless the parent is unfit or unwilling to be a parent of the child.

(2)

Conditions

Before a State may file to terminate the parental rights under such section 475(5)(E), the State (or the county or other political subdivision of the State, as applicable) shall make reasonable efforts—

(A)

to identify, locate, and contact (including, if appropriate, through the diplomatic or consular offices of the country to which the parent was removed or in which a parent or relative resides)—

(i)

any parent of the child who is in immigration detention;

(ii)

any parent of the child who has been removed from the United States; and

(iii)

if possible, any potential adult relative of the child (as described in section 471(a)(29));

(B)

to notify such parent or relative of the intent of the State (or the county or other political subdivision of the State, as applicable) to file (or to join in the filing of) a petition referred to in paragraph (1); or

(C)

to reunify the child with any such parent or relative; and

(D)

to provide and document appropriate services to the parent or relative.

(3)

Conforming amendment

Section 475(5)(E)(ii) of the Social Security Act ( 42 U.S.C. 675(5)(E) ) is amended by inserting , including the reason set forth in section 2107(b)(1) of the Border Security, Economic Opportunity, and Immigration Modernization Act after child.

(c)

Children separated from parents and caregivers

(1)

State plan for foster care and adoption assistance

Section 471(a) of the Social Security Act ( 42 U.S.C. 671(a) ) is amended—

(A)

by amending paragraph (19) to read as follows:

(19)

provides that the State shall give preference to an adult relative over a nonrelated caregiver when determining a placement for a child if—

(A)

the relative caregiver meets all relevant State child protection standards; and

(B)

the standards referred to in subparagraph (A) ensure that the immigration status alone of a parent, legal guardian, or relative shall not disqualify the parent, legal guardian, or relative from being a placement for a child;

; and

(B)

in paragraph (32), by striking and at the end;

(C)

in paragraph (33), by striking the period at the end and inserting ; and; and

(D)

by adding at the end the following:

(34)

provides that the State shall—

(A)

ensure that the case manager for a separated child is capable of communicating in the native language of such child and of the family of such child, or an interpreter who is so capable is provided to communicate with such child and the family of such child at no cost to the child or to the family of such child;

(B)

coordinate with the Department of Homeland Security to ensure that parents who wish for their child to accompany them to their country of origin are given adequate time and assistance to obtain a passport and visa, and to collect all relevant vital documents, such as birth certificate, health, and educational records and other information;

(C)

coordinate with State agencies regarding alternate documentation requirements for a criminal records check or a fingerprint-based check for a caregiver that does not have Federal or State-issued identification;

(D)

preserve, to the greatest extent practicable, the privacy and confidentiality of all information gathered in the course of administering the care, custody, and placement of, and follow up services provided to, a separated child, consistent with the best interest of such child, by not disclosing such information to other government agencies or persons (other than a parent, legal guardian, or relative caregiver or such child), except that the head of the State agency (or the county or other political subdivision of the State, as applicable) may disclose such information, after placing a written record of the disclosure in the file of the child—

(i)

to a consular official for the purpose of reunification of a child with a parent, legal guardian, or relative caregiver who has been removed or is involved in an immigration proceeding, unless the child has refused contact with, or the sharing of personal or identifying information with, the government of his or her country of origin;

(ii)

when authorized to do so by the child (if the child has attained 18 years of age) if the disclosure is consistent with the best interest of the child; or

(iii)

to a law enforcement agency if the disclosure would prevent imminent and serious harm to another individual; and

(E)

not less frequently than annually, compile, update, and publish a list of entities in the State that are qualified to provide legal representation services for a separated child, in a language such that a child can read and understand.

.

(2)

Additional information to be included in case plan

Section 475 of such Act ( 42 U.S.C. 675 ) is amended—

(A)

in paragraph (1), by adding at the end the following:

(H)

In the case of a separated child with respect to whom the State plan requires the State to provide services under section 471(a)(34)

(i)

the location of the parent or legal guardian described in paragraph (9)(A) from whom the child has been separated; and

(ii)

a written record of each disclosure to a government agency or person (other than such a parent, legal guardian, or relative) of information gathered in the course of tracking the care, custody, and placement of, and follow-up services provided to, the child.

; and

(B)

by adding at the end the following:

(9)

The term separated child means an individual who—

(A)

has a parent or legal guardian who has been—

(i)

detained by a Federal, State, or local law enforcement agency in the enforcement of an immigration law; or

(ii)

removed from the United States as a result of a violation of such a law; and

(B)

is in foster care under the responsibility of a State.

.

(3)

Effective date

The amendments made by this subsection shall take effect on the 1st day of the 1st calendar quarter that begins after the 1-year period that begins on the date of the enactment of this Act.

2108.

Government contracting and acquisition of real property interest

(a)

Exemption from government contracting and hiring rules

(1)

In general

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

(2)

Government contracting exemption

The competition requirement under section 253(a) of title 41, United States Code, may be waived or modified by a Federal agency for any procurement conducted to implement this title or the amendments made by this title if the senior procurement executive for the agency conducting the procurement—

(A)

determines that the waiver or modification is necessary; and

(B)

submits an explanation for such determination to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives .

(3)

Hiring rules exemption

Notwithstanding any other provision of law, the Secretary is authorized to make term, temporary limited, and part-time appointments of employees who will implement this title and the amendments made by this title without regard to the number of such employees, their ratio to permanent full-time employees, and the duration of their employment. Nothing in chapter 71 of title 5, United States Code, shall affect the authority of any Department management official to hire term, temporary limited or part-time employees under this paragraph.

(b)

Authority To waive annuity limitations

Section 824(g)(2)(B) of the Foreign Service Act of 1980 ( 22 U.S.C. 4064(g)(2)(B) ) is amended by striking 2009 and inserting 2017.

(c)

Authority To acquire leaseholds

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

2109.

Long-term legal residents of the Commonwealth of the Northern Mariana Islands

Section (6)(e) of the Joint Resolution entitled A Joint Resolution to approve the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, and for other purposes , approved March 24, 1976 ( 48 U.S.C. 1806(e) ), as added by section 702 of the Consolidated Natural Resources Act of 2008 ( Public Law 110–229 ; 122 Stat. 854), is amended by adding at the end the following:

(6)

Special provision regarding long-term residents of the commonwealth

(A)

CNMI-only resident status

Notwithstanding paragraph (1), an alien described in subparagraph (B) may, upon the application of the alien, be admitted as an immigrant to the Commonwealth subject to the following rules:

(i)

The alien shall be treated as an immigrant lawfully admitted for permanent residence in the Commonwealth only, including permitting entry to and exit from the Commonwealth, until the earlier of the date on which—

(I)

the alien ceases to permanently reside in the Commonwealth; or

(II)

the alien’s status is adjusted under this paragraph or section 245 of the Immigration and Nationality Act ( 8 U.S.C. 1255 ) to that of an alien lawfully admitted for permanent residence in accordance with all applicable eligibility requirements.

(ii)

The Secretary of Homeland Security shall establish a process for such aliens to apply for CNMI-only permanent resident status during the 90-day period beginning on the first day of the sixth month after the date of the enactment of this paragraph.

(iii)

Nothing in this subparagraph may be construed to provide any alien granted status under this subparagraph with public assistance to which the alien is not otherwise entitled.

(B)

Aliens described

An alien is described in this subparagraph if the alien—

(i)

is lawfully present in the Commonwealth under the immigration laws of the United States;

(ii)

is otherwise admissible to the United States under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.);

(iii)

resided continuously and lawfully in the Commonwealth from November 28, 2009, through the date of the enactment of this paragraph;

(iv)

is not a citizen of the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau; and

(v)
(I)

was born in the Northern Mariana Islands between January 1, 1974 and January 9, 1978;

(II)

was, on May 8, 2008, and continues to be as of the date of the enactment of this paragraph, a permanent resident (as defined in section 4303 of title 3 of the Northern Mariana Islands Commonwealth Code, in effect on May 8, 2008);

(III)

is the spouse or child (as defined in section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) )), of an alien described in subclauses (I) or (II);

(IV)

was, on May 8, 2008, an immediate relative (as defined in section 4303 of title 3 of the Northern Mariana Islands Commonwealth Code, in effect on May 8, 2008, of a United States citizen, notwithstanding the age of the United States citizen, and continues to be such an immediate relative on the date of the application described in subparagraph (A);

(V)

resided in the Northern Mariana Islands as a guest worker under Commonwealth immigration law for at least 5 years before May 8, 2008 and is presently resident under CW–1 status; or

(VI)

is the spouse or child (as defined in section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) )), of the alien guest worker described in subclause (V) and is presently resident under CW–2 status.

(C)

Adjustment for long term and permanent residents

Beginning on the date that is 5 years after the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act , an alien described in subparagraph (B) may apply to receive an immigrant visa or to adjust his or her status to that of an alien lawfully admitted for permanent residence.

.

2110.

Rulemaking

(a)

In general

Not later than 1 year after the date of the enactment of this Act, the Secretary, the Attorney General, and the Secretary of State separately shall issue interim final regulations to implement this subtitle and the amendments made by this subtitle, which shall take effect immediately upon publication in the Federal Register.

(b)

Application procedures; processing fees; documentation

The interim final regulations issued under subsection (a) shall include—

(1)

the procedures by which an alien, and the dependent spouse and children of such alien may apply for status under section 245B of the Immigration and Nationality Act, as added by section 2101 of this Act, as a registered provisional immigrant or a registered provisional immigrant dependent, as applicable, including the evidence required to demonstrate eligibility for such status or to be included in each application for such status;

(2)

the criteria to be used by the Secretary to determine—

(A)

the maximum processing fee payable under sections 245B(c)(10)(B) and 245C(c)(5)(A) of such Act by a family, including spouses and unmarried children younger than 21 years of age; and

(B)

which individuals will be exempt from such fees;

(3)

the documentation required to be submitted by the applicant to demonstrate compliance with section 245C(b)(3) of such Act; and

(4)

the procedures for a registered provisional immigrant to apply for adjustment of status under section 245C or 245D of such Act, including the evidence required to be submitted with such application to demonstrate the applicant's eligibility for such adjustment.

(c)

Exemption from National Environmental Policy Act

Any decision by the Secretary concerning any rulemaking action, plan, or program described in this section shall not be considered to be a major Federal action subject to review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.).

2111.

Statutory construction

Except as specifically provided, nothing in this subtitle, or any amendment made by this subtitle, may be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person.

B

Agricultural Worker Program

2201.

Short title

This subtitle may be cited as the Agricultural Worker Program Act of 2013 .

2202.

Definitions

In this subtitle:

(1)

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 2211.

(2)

Agricultural employment

The term agricultural employment has the meaning given such term in section 3 of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1802 ), without regard to whether the specific service or activity is temporary or seasonal.

(3)

Child

The term child has the meaning given the term in section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) ).

(4)

Employer

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

(5)

Qualified designated entity

The term qualified designated entity means—

(A)

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

(B)

any other entity that the Secretary designates as having substantial experience, demonstrated competence, and a history of long-term involvement in the preparation and submission of application for adjustment of status under title II of the Immigration and Nationality Act ( 8 U.S.C. 1151 et seq.).

(6)

Work day

The term work day means any day in which the individual is employed 5.75 or more hours in agricultural employment.

1

Program for earned status adjustment of agricultural workers

A

Blue card status

2211.

Requirements for blue card status

(a)

Requirements for blue card status

Notwithstanding any other provision of law, the Secretary, after conducting the national security and law enforcement clearances required under section 245B(c)(4), may grant blue card status to an alien who—

(1)
(A)

performed agricultural employment in the United States for not fewer than 575 hours or 100 work days during the 2-year period ending on December 31, 2012; or

(B)

is the spouse or child of an alien described in subparagraph (A) and was physically present in the United States on or before December 31, 2012, and has maintained continuous presence in the United States from that date until the date on which the alien is granted blue card status, with the exception of absences from the United States that are brief, casual, and innocent, whether or not such absences were authorized by the Secretary;

(2)

submits a completed application before the end of the period set forth in subsection (b)(2); and

(3)

is not ineligible under paragraph (3) or (4) of section 245B(b) of the Immigration and Nationality Act (other than a nonimmigrant alien admitted to the United States for agricultural employment described in section 101(a)(15)(H)(ii)(a) of such Act.

(b)

Application

(1)

In general

An alien who meets the eligibility requirements set forth in subsection (a)(1), may apply for blue card status and that alien’s spouse or child may apply for blue card status as a dependent, by submitting a completed application form to the Secretary during the application period set forth in paragraph (2) in accordance with the final rule promulgated by the Secretary pursuant to subsection (e).

(2)

Submission

The Secretary shall provide that the alien shall be able to submit an application under paragraph (1)

(A)

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

(B)

to a qualified entity if the applicant consents to the forwarding of the application to the Secretary.

(3)

Application period

(A)

Initial period

Except as provided in subparagraph (B), the Secretary may only accept applications for blue card status for a 1-year period from aliens in the United States beginning on the date on which the final rule is published in the Federal Register pursuant to subsection (f), except that qualified nonimmigrants who have participated in the H–2A Program may apply from outside of the United States.

(B)

Extension

If the Secretary determines, during the initial period described in subparagraph (A), that additional time is required to process applications for blue card status or for other good cause, the Secretary may extend the period for accepting applications for an additional 18 months.

(4)

Application form

(A)

Required information

The application form referred to in paragraph (1) shall collect such information as the Secretary determines necessary and appropriate.

(B)

Family application

The Secretary shall establish a process through which an alien may submit a single application under this section on behalf of the alien, his or her spouse, and his or her children, who are residing in the United States.

(C)

Interview

The Secretary may interview applicants for blue card status to determine whether they meet the eligibility requirements set forth in subsection (a)(1).

(5)

Aliens apprehended before or during the application period

If an alien, who is apprehended during the period beginning on the date of the enactment of this Act and ending on the application period described in paragraph (3), appears prima facie eligible for blue card status, the Secretary

(A)

shall provide the alien with a reasonable opportunity to file an application under this section during such application period; and

(B)

may not remove the individual until a final administrative determination is made on the application.

(6)

Suspension of removal during application period

(A)

Protection from detention or removal

An alien granted blue card status may not be detained by the Secretary or removed from the United States unless—

(i)

such alien is, or has become, ineligible for blue card status; or

(ii)

the alien’s blue card status has been revoked.

(B)

Aliens in removal proceedings

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

(i)

if the Secretary determines that an alien, during the period beginning on the date of the enactment of this section and ending on the last day of the application period described in paragraph (2), is in removal, deportation, or exclusion proceedings before the Executive Office for Immigration Review and is prima facie eligible for blue card status under this section—

(I)

the Secretary shall provide the alien with the opportunity to file an application for such status; and

(II)

upon motion by the Secretary and with the consent of the alien or upon motion by the alien, the Executive Office for Immigration Review shall—

(aa)

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

(bb)

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

(ii)

if the Executive Office for Immigration Review determines that an alien, during the application period described in paragraph (2), is in removal, deportation, or exclusion proceedings before the Executive Office for Immigration Review and is prima facie eligible for blue card status under this section—

(I)

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

(II)

if the Secretary does not dispute the determination of prima facie eligibility within 7 days after such notification, the Executive Office for Immigration Review, upon consent of the alien, shall—

(aa)

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

(bb)

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

(C)

Treatment of certain aliens

(i)

In general

If an alien who meets the eligibility requirements set forth in subsection (a) is present in the United States and has been ordered excluded, deported, or removed, or ordered to depart voluntarily from the United States under any provision of this Act—

(I)

notwithstanding such order or section 241(a)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1231(a)(5) ), the alien may apply for blue card status under this section; and

(II)

if the alien is granted such status, the alien shall file a motion to reopen the exclusion, deportation, removal, or voluntary departure order, which motion shall be granted unless 1 or more of the grounds of ineligibility is established by clear and convincing evidence.

(ii)

Limitations on motions to reopen

The limitations on motions to reopen set forth in section 240(c)(7) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(c)(7) ) shall not apply to motions filed under clause (i)(II).

(D)

Period pending adjudication of application

(i)

In general

During the period beginning on the date on which an alien applies for blue card status under this subsection and the date on which the Secretary makes a final decision regarding such application, the alien—

(I)

may receive advance parole to reenter the United States if urgent humanitarian circumstances compel such travel;

(II)

may not be detained by the Secretary or removed from the United States unless the Secretary makes a prima facie determination that such alien is, or has become, ineligible for blue card status;

(III)

shall not be considered unlawfully present for purposes of section 212(a)(9)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9)(B) ); and

(IV)

shall not be considered an unauthorized alien (as defined in section 274A(h)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(h)(3) )).

(ii)

Evidence of application filing

As soon as practicable after receiving each application for blue card status, the Secretary shall provide the applicant with a document acknowledging the receipt of such application.

(iii)

Continuing employment

An employer who knows an alien employee is an applicant for blue card status or will apply for such status once the application period commences is not in violation of section 274A(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(a)(2) ) if the employer continues to employ the alien pending the adjudication of the alien employee's application.

(iv)

Effect of departure

Section 101(g) of the Immigration and Nationality Act ( 8 U.S.C. 1101(g) ) shall not apply to an alien granted—

(I)

advance parole under clause (i)(I) to reenter the United States; or

(II)

blue card status.

(7)

Security and law enforcement clearances

(A)

Biometric and biographic data

The Secretary may not grant blue card status to an alien or an alien dependent spouse or child under this section unless such alien submits biometric and biographic data in accordance with procedures established by the Secretary.

(B)

Alternative procedures

The Secretary shall provide an alternative procedure for applicants who cannot provide the standard biometric data required under subparagraph (A) because of a physical impairment.

(C)

Clearances

(i)

Data collection

The Secretary shall collect, from each alien applying for status under this section, biometric, biographic, and other data that the Secretary determines to be appropriate—

(I)

to conduct national security and law enforcement clearances; and

(II)

to determine whether there are any national security or law enforcement factors that would render an alien ineligible for such status.

(ii)

Prerequisite

The required clearances described in clause (i)(I) shall be completed before the alien may be granted blue card status.

(8)

Duration of status

After the date that is 8 years after the date regulations are published under this section, no alien may remain in blue card status.

(9)

Fees and penalties

(A)

Standard processing fee

(i)

In general

Aliens who are 16 years of age or older and are applying for blue card status under paragraph (2), or for an extension of such status, shall pay a processing fee to the Department in an amount determined by the Secretary.

(ii)

Recovery of costs

The processing fee authorized under clause (i) shall be set at a level that is sufficient to recover the full costs of processing the application, including any costs incurred—

(I)

to adjudicate the application;

(II)

to take and process biometrics;

(III)

to perform national security and criminal checks, including adjudication;

(IV)

to prevent and investigate fraud; and

(V)

to administer the collection of such fee.

(iii)

Authority to limit fees

The Secretary, by regulation, may—

(I)

limit the maximum processing fee payable under this subparagraph by a family, including spouses and unmarried children younger than 21 years of age; and

(II)

exempt defined classes of individuals from the payment of the fee authorized under clause (i).

(B)

Deposit and use of processing fees

Fees collected pursuant to subparagraph (A)(i)

(i)

shall be deposited into the Immigration Examinations Fee Account pursuant to section 286(m); and

(ii)

shall remain available until expended pursuant to section 286(n).

(C)

Penalty

(i)

Payment

In addition to the processing fee required under subparagraph (A), aliens who are 21 years of age or older and are applying for blue card status under paragraph (2) shall pay a $100 penalty to the Department.

(ii)

Deposit

Penalties collected pursuant to clause (i) shall be deposited into the Comprehensive Immigration Reform Trust Fund established under section 9(a)(1).

(10)

Adjudication

(A)

Failure to submit sufficient evidence

The Secretary shall deny an application submitted by an alien who fails to submit—

(i)

requested initial evidence, including requested biometric data; or

(ii)

any requested additional evidence by the date required by the Secretary.

(B)

Amended application

An alien whose application for blue card status is denied under subparagraph (A) may file an amended application for such status to the Secretary if the amended application—

(i)

is filed within the application period described in paragraph (3); and

(ii)

contains all the required information and fees that were missing from the initial application.

(11)

Evidence of blue card status

(A)

In general

The Secretary shall issue documentary evidence of blue card status to each alien whose application for such status has been approved.

(B)

Documentation features

Documentary evidence provided under subparagraph (A)

(i)

shall be machine-readable and tamper-resistant, and shall contain a digitized photograph;

(ii)

shall, during the alien’s authorized period of admission, and any extension of such authorized admission, serve as a valid travel and entry document for the purpose of applying for admission to the United States;

(iii)