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H.R. 2851IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 6 · H.R. 2851

Access to certain information

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Section 384 of the Illegal Immigration Reform and Immigration Responsibility Act of 1996 (8 U.S.C 1367) is amended as follows: (1) in subsection (a)(1)— (A) by striking solely after furnished; and (B) by striking or at the end; (2) in subsection (a)(2)— (A) by inserting, files, or records, after information; (B) by striking relates and inserting relate; or (C) by striking the period at the end and inserting; or (3) in subsection (a), by adding at the end the following: (3) except as provided in this subsection— (A) use the information furnished by the applicant pursuant to an application or petition filed under paragraph (15)(T), (15)(U), (27)(J), or (51) of section 101(a) of the Immigration and Nationality Act, or section 240A(b)(2) of such Act, for any purpose other than to make a determination on the application, or for enforcement of subsection (c) of this section; (B) make any publication whereby the information furnished by any particular individual would permit the individual to be identified or located; or (C) permit anyone other than the sworn officers and employees of the Department or bureau or agency to examine individual applications.; (4) in subsection (b)(2), by striking legitimate law enforcement purpose, and inserting a criminal investigation or prosecution,; (5) in subsection (b)(4), to read as follows: (4) Paragraphs (2) and (3) of subsection (a) shall not apply if all the individuals in the case are adults and they have all waived, in writing, the restrictions of such subsection.; (6) in subsection (c) by striking 5,000 and inserting 10,000; (7) in subsection (d) by adding at the end the following: The Attorney General, Secretary of State, and the Secretary of Homeland Security shall provide Congress with an annual report regarding training provided to officers and employees, number of investigations opened for violations of paragraphs (1) through (3) of subsection (a), and the results of those investigations.; and (8) by adding at the end the following: (e) Remedial measures The Attorney General, Secretary of State, and the Secretary of Homeland Security shall make rules not later than 120 days after the date of enactment of this subsection to establish a process, for the benefit of individuals harmed by violations of this section, to determine whether there has been a violation of this section, and to remedy any such violation. Such process shall include an appeal process for any determination that a violation did not occur. (f) Cause of action An individual who is injured by a violation of this section may bring a civil action for appropriate relief, including an order to strike any information obtained or provided in violation of this section from the appropriate records. (g) Annual report Each year the Attorney General, Secretary of State, and the Secretary of Homeland Security shall each report on the number of employees sanctioned for violations of this section..

Sec. 6: Access to certain information · Public Law Tracker