US Codex
Bill
Notes

Protecting Department of Homeland Security Personnel Act of 2013

H.R. 692 · 113th Congress · Feb 14, 2013 · Lineage

A BILL

To provide protection for certain Federal employees with respect to implementation of the June 15, 2012, memorandum from Janet Napolitano, Secretary of Homeland Security, regarding the exercise of prosecutorial discretion with respect to individuals who came to the United States as children.

Section 1 Short title

This Act may be cited as the “Protecting Department of Homeland Security Personnel Act of 2013”.

Sec. 2 Protection for individuals who refuse to carry out unlawful provisions of the memorandum

(a)
In general— Notwithstanding any other provision of law, no adverse personnel action, including employee termination, may be taken against a protected individual which is based, in whole or in part, on the refusal of such individual to carry out a provision of the memorandum described in subsection (b) that has been determined by the Congress to be in violation of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(b)
Memorandum described— This Act applies with respect to the June 15, 2012, memorandum from Janet Napolitano, Secretary of Homeland Security, regarding the exercise of prosecutorial discretion with respect to individuals who came to the United States as children.
(c)
Protected individuals— For purposes of this Act, the term “protected individual” means an individual employed in or under any of the following:
(1)
U.S. Immigration and Customs Enforcement.
(2)
U.S. Customs and Border Protection.
(3)
U.S. Citizenship and Immigration Services.
(d)
Adverse actions include denial of benefits— The personnel actions prohibited by this Act include the withholding or denial of a promotion, an increase in pay, or other similar benefit.