S.Amdt. 4180

1. Adds SEC. ___. IDENTIFICATION REQUIREMENTS at the end of the bill

   Adds a section

   In S. 2611 · Placed on Calendar Senate

   "(ii) Fine.--An alien who is granted a waiver under clause (i) shall pay a $2,000 fine.".

   Inserted: SEC. ___. IDENTIFICATION REQUIREMENTS.

   Inserted: (a) Requirement for Identification Cards to Include Citizenship Information.--Subsection (b) of section 202 of the REAL ID Act of 2005 (49 U.S.C. 30301 note) is amended by redesignating paragraphs (8) and (9) as paragraphs (9) and (10), respectively, and by inserting after paragraph (7) the following new paragraph:

   Inserted: "(8) An indication of whether the person is a United States citizen.".

   Inserted: (b) Identification Required for Voting in Person.--

   Inserted: (1) In general.--Title III of the Help America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended by redesignating sections 304 and 305 as sections 305 and 306, respectively, and by inserting after section 303 the following new section:

   Inserted: "SEC. 304. IDENTIFICATION OF VOTERS AT THE POLLS.

   Inserted: "(a) In General.--Notwithstanding the requirements of section 303(b), each State shall require individuals casting ballots in an election for Federal office in person to present before voting a current valid photo identification which is issued by a governmental entity and which meets the requirements of subsection (b) of section 202 of the REAL ID Act of 2005 (49 U.S.C. 30301 note).

   Inserted: "(b) Effective Date.--Each State shall be required to comply with the requirements of subsection (a) on and after May 11, 2008.".

   Inserted: (2) Conforming amendment.--Section 401 of the Help America Vote Act of 2002 (42 U.S.C. 15511) is amended by striking "and 303" and inserting "303, and 304".

   Inserted: (c) Funding for Free Photo Identifications.--Subtitle D of title II of the Help America Vote Act of 2002 (42 U.S.C. 15401 et seq.) is amended by adding at the end the following:

   Inserted: "PART 7--PHOTO IDENTIFICATION

   Inserted: "SEC. 297. PAYMENTS FOR FREE PHOTO IDENTIFICATION.

   Show 277 more inserted paragraphsShow less

   Inserted: "(a) In General.--In addition to any other payments made under this subtitle, the Election Assistance Commission shall make payments to States to promote the issuance to registered voters of free photo identifications for purposes of meeting the identification requirements of section 304.

   Inserted: "(b) Eligibility.--A State is eligible to receive a grant under this part if it submits to the Commission (at such time and in such form as the Commission may require) an application containing--

   Inserted: "(1) a statement that the State intends to comply with the requirements of section 304; and

   Inserted: "(2) a description of how the State intends to use the payment under this part to provide registered voters with free photo identifications which meet the requirements of such section.

   Inserted: "(c) Use of Funds.--A State receiving a payment under this part shall use the payment only to provide free photo identification cards to registered voters who do not have an identification card that meets the requirements of section 304.

   Inserted: "(d) Allocation of Funds.--

   Inserted: "(1) In general.--The amount of the grant made to a State under this part for a year shall be equal to the product of--

   Inserted: "(A) the total amount appropriated for payments under this part for the year under section 298; and

   Inserted: "(B) an amount equal to--

   Inserted: "(i) the voting age population of the State (as reported in the most recent decennial census); divided by

   Inserted: "(ii) the total voting age population of all eligible States which submit an application for payments under this part (as reported in the most recent decennial census).

   Inserted: "SEC. 298. AUTHORIZATION OF APPROPRIATIONS.

   Inserted: "(a) In General.--In addition to any other amounts authorized to be appropriated under this subtitle, there are authorized to be appropriated such sums as are necessary for the purpose of making payments under section 297.

   Inserted: "(b) Availability.--Any amounts appropriated pursuant to the authority of this section shall remain available until expended.".

   Inserted: SEC. __. EXCLUSION OF ILLEGAL ALIENS FROM CONGRESSIONAL APPORTIONMENT TABULATIONS.

   Inserted: In addition to any report under this act the Director of the Bureau of Census shall submit to Congress a report on the impact of illegal immigration on the apportionment of Representatives of Congress among the several states, and any methods and procedures that the Director determines to be feasible and appropriate, to ensure that individuals who are found by an authorized Federal agency to be unlawfully present in the United States are not counted in tabulating population for purposes of apportionment of Representatives in Congress among the several States.

   Inserted: SEC. __. REFORM OF THE DIVERSITY VISA PROGRAM.

   Inserted: (a) Worldwide Level of Immigrants With Advanced Degrees.--Section 201 (8 U.S.C. 1151) is amended--

   Inserted: (1) in subsection (a)(3), by inserting "and immigrants with advanced degrees" after "diversity immigrants"; and

   Inserted: (2) by amending subsection (e) to read as follows:

   Inserted: "(e) Worldwide Level of Diversity Immigrants and Immigrants With Advanced Degrees.--

   Inserted: "(1) Diversity immigrants.--The worldwide level of diversity immigrants described in section 203(c)(1) is equal to 18,333 for each fiscal year.

   Inserted: "(2) Immigrants with advanced degrees.--The worldwide level of immigrants with advanced degrees described in section 203(c)(2) is equal to 36,667 for each fiscal year.".

   Inserted: (b) Immigrants With Advanced Degrees.--Section 203 (8 U.S.C. 1153(c)) is amended--

   Inserted: (1) in subsection (c)--

   Inserted: (A) in paragraph (1), by striking "paragraph (2), aliens subject to the worldwide level specified in section 201(e)" and inserting "paragraphs (2) and (3), aliens subject to the worldwide level specified in section 201(e)(1)";

   Inserted: (B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;

   Inserted: (C) by inserting after paragraph (1) the following:

   Inserted: "(2) Aliens who hold an advanced degree in science, mathematics, technology, or engineering.--

   Inserted: "(A) In general.--Qualified immigrants who hold a master's or doctorate degree in the life sciences, the physical sciences, mathematics, technology, or engineering from an accredited university in the United States, or an equivalent foreign degree, shall be allotted visas each fiscal year in a number not to exceed the worldwide level specified in section 201(e)(2).

   Inserted: "(B) Economic considerations.--Beginning on the date which is 1 year after the date of the enactment of this paragraph, the Secretary of State, in consultation with the Secretary of Commerce and the Secretary of Labor, and after notice and public hearing, shall determine which of the degrees described in subparagraph (A) will provide immigrants with the knowledge and skills that are most needed to meet anticipated workforce needs and protect the economic security of the United States.";

   Inserted: (D) in paragraph (3), as redesignated, by striking "this subsection" each place it appears and inserting "paragraph (1)"; and

   Inserted: (E) by amending paragraph (4), as redesignated, to read as follows:

   Inserted: "(4) Maintenance of information.--

   Inserted: "(A) Diversity immigrants.--The Secretary of State shall maintain information on the age, occupation, education level, and other relevant characteristics of immigrants issued visas under paragraph (1).

   Inserted: "(B) Immigrants with advanced degrees.--The Secretary of State shall maintain information on the age, degree (including field of study), occupation, work experience, and other relevant characteristics of immigrants issued visas under paragraph (2)."; and

   Inserted: (2) in subsection (e)--

   Inserted: (A) in paragraph (2), by striking "(c)" and inserting "(c)(1)";

   Inserted: (B) by redesignating paragraph (3) as paragraph (4); and

   Inserted: (C) by inserting after paragraph (2) the following:

   Inserted: "(3) Immigrant visas made available under subsection (c)(2) shall be issued as follows:

   Inserted: "(A) If the Secretary of State has not made a determination under subsection (c)(2)(B), immigrant visas shall be issued in a strictly random order established by the Secretary for the fiscal year involved.

   Inserted: "(B) If the Secretary of State has made a determination under subsection (c)(2)(B) and the number of eligible qualified immigrants who have a degree selected under such subsection and apply for an immigrant visa described in subsection (c)(2) is greater than the worldwide level specified in section 201(e)(2), the Secretary shall issue immigrant visas only to such immigrants and in a strictly random order established by the Secretary for the fiscal year involved.

   Inserted: "(C) If the Secretary of State has made a determination under subsection (c)(2)(B) and the number of eligible qualified immigrants who have degrees selected under such subsection and apply for an immigrant visa described in subsection (c)(2) is not greater than the worldwide level specified in section 201(e)(2), the Secretary shall--

   Inserted: "(i) issue immigrant visas to eligible qualified immigrants with degrees selected in subsection (c)(2)(B); and

   Inserted: "(ii) issue any immigrant visas remaining thereafter to other eligible qualified immigrants with degrees described in subsection (c)(2)(A) in a strictly random order established by the Secretary for the fiscal year involved.".

   Inserted: (c) Effective Date.--The amendments made by this section shall take effect on October 1, 2006.

   Inserted: SEC. __. ADMISSION OF TEMPORARY GUEST WORKERS.

   Inserted: (a) In General.--Chapter 2 of title II (8 U.S.C. 1181 et seq.), as amended by title IV and title VI, is further amended by inserting after section 218H the following:

   Inserted: "SEC. 218I. SECURE AUTHORIZED FOREIGN EMPLOYEE (SAFE) VISA PROGRAM.

   Inserted: "(a) Authorization.--Not later than 1 year after the date of the enactment of this Act, the Secretary of State shall, subject to the numeric limits under subsection (i), award a SAFE visa to each alien who is a national of a NAFTA or CAFTA-DR country and who meets the requirements under subsection (b), to perform services in the United States in accordance with this section.

   Inserted: "(b) Requirements for Admission.--An alien is eligible for a SAFE visa if the alien--

   Inserted: "(1) has a residence in a NAFTA or CAFTA-DR country, which the alien has no intention of abandoning;

   Inserted: "(2) applies for an initial SAFE visa while in the alien's country of nationality;

   Inserted: "(3) establishes that the alien has received a job offer from an employer who has complied with the requirements under subsection (c);

   Inserted: "(4) undergoes a medical examination (including a determination of immunization status), at the alien's expense, that conforms to generally accepted standards of medical practice;

   Inserted: "(5) passes all appropriate background checks, as determined by the Secretary of Homeland Security;

   Inserted: "(6) submits a completed application, on a form designed by the Secretary of Homeland Security; and

   Inserted: "(7) pays a visa issuance fee, in an amount determined by the Secretary of State to be equal to not less than the cost of processing and adjudicating such application.

   Inserted: "(c) Employer Responsibilities.--An employer seeking to hire a national of a NAFTA or CAFTA-DR country under this section shall--

   Inserted: "(1) submit a request to the Secretary of Labor for a certification under subsection (d) that there is a shortage of workers in the occupational classification and geographic area for which the foreign worker is sought;

   Inserted: "(2) submit to each foreign worker a written employment offer that sets forth the rate of pay at a rate that is not less than the greater of--

   Inserted: "(A) the prevailing wage for such occupational classification in such geographic area; or

   Inserted: "(B) the applicable minimum wage in the State in which the worker will be employed;

   Inserted: "(3) provide the foreign worker one-time transportation from the country of origin to the place of employment and from the place of employment to the country of origin, the cost of which may be deducted from the worker's pay under an employment agreement; and

   Inserted: "(4) withhold and remit appropriate payroll deductions to the Internal Revenue Service.

   Inserted: "(d) Labor Certification.--Upon receiving a request from an employer under subsection (c)(1), the Secretary of Labor shall--

   Inserted: "(1) determine if there are sufficient United States workers who are able, willing, qualified, and available to fill the position in which the alien is, or will be employed, based on the national unemployment rate and the number of workers needed in the occupational classification and geographic area for which the foreign worker is sought; and

   Inserted: "(2) if the Secretary determines under paragraph (1) that there are insufficient United States workers, provide the employer with labor shortage certification for the occupational classification for which the worker is sought.

   Inserted: "(e) Period of Authorized Admission.--

   Inserted: "(1) Duration.--A SAFE visa worker may remain in the United States for not longer than 10 months during the 12-month period for which the visa is issued.

   Inserted: "(2) Renewal.--A SAFE visa may be renewed for additional 10-month work periods under the requirements described in this section.

   Inserted: "(3) Visits outside united states.--Under regulations established by the Secretary of Homeland Security, a SAFE visa worker--

   Inserted: "(A) may travel outside of the United States; and

   Inserted: "(B) may be readmitted without having to obtain a new visa if the period of authorized admission has not expired.

   Inserted: "(4) Loss of employment.--The period of authorized admission under this section shall terminate if the SAFE visa worker is unemployed for 60 or more consecutive days. Any SAFE visa worker whose period of authorized admission terminates under this paragraph shall be required to leave the United States.

   Inserted: "(5) Return to country of origin.--A SAFE visa worker may not apply for lawful permanent residence or any other visa category until the worker has relinquished the SAFE visa and returned to the worker's country of origin.

   Inserted: "(6) Failure to comply.--If a SAFE visa worker fails to comply with the terms of the SAFE visa, the worker will be permanently ineligible for the SAFE visa program.

   Inserted: "(f) Evidence of Nonimmigrant Status.--Each SAFE visa worker shall be issued a SAFE visa card, which--

   Inserted: "(1) shall be machine-readable, tamper-resistant, and allow for biometric authentication;

   Inserted: "(2) shall be designed in consultation with the Forensic Document Laboratory of the Bureau of Immigration and Customs Enforcement; and

   Inserted: "(3) shall, during the alien's authorized period of admission under subsection (e), serve as a valid entry document for the purpose of entering the United States.

   Inserted: "(g) Social Services.--

   Inserted: "(1) In general.--SAFE visa workers are not eligible for Federal, State, or local government-sponsored social services.

   Inserted: "(2) Social security.--Upon request, a SAFE visa worker shall receive the total employee portion of the Social Security contributions withheld from the worker's pay. Any worker who receives such contributions shall be permanently ineligible to renew a SAFE visa under subsection (e)(2).

   Inserted: "(3) Medicare.--Amounts withheld from the SAFE visa workers' pay for Medicare contributions shall be used to pay for uncompensated emergency health care provided to noncitizens.

   Inserted: "(h) Permanent Residence; Citizenship.--Nothing in this section shall be construed to provide a SAFE visa worker with eligibility to apply for legal permanent residence or a path towards United States citizenship.

   Inserted: "(i) Numerical Limits.--

   Inserted: "(1) Annual limits.--Except as provided under paragraphs (2) and (3), the number of SAFE visas authorized under this section shall not exceed 200,000 per fiscal year.

   Inserted: "(2) Waiver.--The President may waive the limit under paragraph (1) for a specific fiscal year by certifying that additional foreign workers are needed in that fiscal year.

   Inserted: "(3) Incremental adjustments.--If the President certifies that additional foreign workers are needed in a specific year, the Secretary of State may increase the number of SAFE visas available in that fiscal year by the number of additional workers certified under paragraph (2).

   Inserted: "(4) Congressional oversight.--The President shall transmit to Congress all certifications authorized in this section.

   Inserted: "(5) Allocation of safe visas during a fiscal year.--Not more than 50 percent of the total number of SAFE visas available in each fiscal year may be allocated to aliens who will enter the United States pursuant to such visa during the first 6 months of such fiscal year.

   Inserted: "(j) Savings Provision.--Nothing in this section shall be construed to affect any other visa program authorized by Federal law.

   Inserted: "(k) Reporting Requirement.--Not later than 3 years after the implementation of the SAFE visa program, the President shall submit a detailed report to Congress on the status of the program, including the number of visas issued and the feasibility of expanding the program.

   Inserted: "(l) Definitions.--In this section:

   Inserted: "(1) NAFTA or cafta-dr country.--The term 'NAFTA or CAFTA-DR country' means any country (except for the United States) that has signed the North American Free Trade Agreement or the Central America-Dominican Republic-United States Free Trade Agreement.

   Inserted: "(2) SAFE visa.--The term 'SAFE visa' means a visa authorized under this section.".

   Inserted: (b) Clerical Amendment.--The table of contents (8 U.S.C. 1101) is amended by inserting after the item relating to section 218H, as added by section 615, the following:

   Inserted: "Sec. 218I. Secure Authorized Foreign Employee Visa Program.".

   Inserted: SEC. __. BLUE CARD PROGRAM.

   Inserted: (a) Work Day Defined.--Notwithstanding paragraph (7) of section 612 of this Act, for the purposes of the AgJOBS Act of 2006, as added by subtitle B of title VI, the term "work day" shall mean any day in which the individual is employed 8 or more hours in agriculture.

   Inserted: (b) Definitions.--The definitions of terms defined in section 612 of this Act, as applied by subsection (a), shall apply to such terms in this section.

   Inserted: (c) Blue Card Program.--

   Inserted: (1) In general.--Notwithstanding any other provision of this Act, the Secretary may confer blue card status upon an alien who qualifies under this subsection if the Secretary determines that the alien--

   Inserted: (A) has performed agricultural employment in the United States for at least 150 work days per year during the 24-month period ending on December 31, 2005;

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

   Inserted: (C) is otherwise admissible to the United States under section 212 of the Immigration and Nationality Act (8 U.S.C. 1182), except as otherwise provided under subsection (g)(2).

   Inserted: (2) Authorized travel.--An alien in blue card status has the right to travel abroad (including commutation from a residence abroad) in the same manner as an alien lawfully admitted for permanent residence.

   Inserted: (3) Authorized employment.--An alien in blue card status shall be provided an "employment authorized" endorsement or other appropriate work permit, in the same manner as an alien lawfully admitted for permanent residence.

   Inserted: (4) Termination of blue card status.--

   Inserted: (A) In general.--The Secretary may terminate blue card status granted under this subsection only upon a determination under this section or AgJOBS Act of 2006, as added by subtitle B of title VI, that the alien is deportable.

   Inserted: (B) Grounds for termination of blue card status.--Before any alien becomes eligible for adjustment of status under subsection (e), the Secretary may deny adjustment to permanent resident status and provide for termination of the blue card status granted such alien under paragraph (1) if--

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

   Inserted: (ii) the alien--

   Inserted: (I) commits an act that makes the alien inadmissible to the United States as an immigrant, except as provided under subsection (g)(2);

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

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

   Inserted: (5) Record of employment.--

   Inserted: (A) In general.--Each employer of a worker granted status under this subsection shall annually--

   Inserted: (i) provide a written record of employment to the alien; and

   Inserted: (ii) provide a copy of such record to the Secretary.

   Inserted: (B) Sunset.--The obligation under subparagraph (A) shall terminate on the date that is 6 years after the date of the enactment of this Act.

   Inserted: (6) Required features of blue card.--The Secretary shall provide each alien granted blue card status and the spouse and children of each such alien residing in the United States with a card that contains--

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

   Inserted: (B) biometric identifiers, including fingerprints and a digital photograph; and

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

   Inserted: (7) Fine.--An alien granted blue card status shall pay a fine to the Secretary in an amount equal to $1,000.

   Inserted: (8) Maximum number.--The Secretary may issue not more than 1,500,000 blue cards during the 5-year period beginning on the date of the enactment of this Act.

   Inserted: (d) Rights of Aliens Granted Blue Card Status.--

   Inserted: (1) In general.--Except as otherwise provided under this subsection, an alien in blue card status shall be considered to be an alien lawfully admitted for permanent residence for purposes of any law other than any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

   Inserted: (2) Delayed eligibility for certain federal public benefits.--An alien in blue card status shall not be eligible, by reason of such status, for any form of assistance or benefit described in section 403(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(a)) until 5 years after the date on which the Secretary confers blue card status upon that alien.

   Inserted: (3) Terms of employment for aliens admitted under this section.--

   Inserted: (A) Prohibition.--No alien granted blue card status may be terminated from employment by any employer during the period of blue card status except for just cause.

   Inserted: (B) Treatment of complaints.--

   Inserted: (i) Establishment of process.--The Secretary shall establish a process for the receipt, initial review, and disposition of complaints by aliens granted blue card status who allege that they have been terminated without just cause. No proceeding shall be conducted under this subparagraph with respect to a termination unless the Secretary determines that the complaint was filed not later than 6 months after the date of the termination.

   Inserted: (ii) Initiation of arbitration.--If the Secretary finds that a complaint has been filed in accordance with clause (i) and there is reasonable cause to believe that the complainant was terminated without just cause, the Secretary shall initiate binding arbitration proceedings by requesting the Federal Mediation and Conciliation Service to appoint a mutually agreeable arbitrator from the roster of arbitrators maintained by such Service for the geographical area in which the employer is located. The procedures and rules of such Service shall be applicable to the selection of such arbitrator and to such arbitration proceedings. The Secretary shall pay the fee and expenses of the arbitrator, subject to the availability of appropriations for such purpose.

   Inserted: (iii) Arbitration proceedings.--The arbitrator shall conduct the proceeding in accordance with the policies and procedures promulgated by the American Arbitration Association applicable to private arbitration of employment disputes. The arbitrator shall make findings respecting whether the termination was for just cause. The arbitrator may not find that the termination was for just cause unless the employer so demonstrates by a preponderance of the evidence. If the arbitrator finds that the termination was not for just cause, the arbitrator shall make a specific finding of the number of days or hours of work lost by the employee as a result of the termination. The arbitrator shall have no authority to order any other remedy, including, but not limited to, reinstatement, back pay, or front pay to the affected employee. Within 30 days from the conclusion of the arbitration proceeding, the arbitrator shall transmit the findings in the form of a written opinion to the parties to the arbitration and the Secretary. Such findings shall be final and conclusive, and no official or court of the United States shall have the power or jurisdiction to review any such findings.

   Inserted: (iv) Effect of arbitration findings.--If the Secretary receives a finding of an arbitrator that an employer has terminated an alien granted blue card status without just cause, the Secretary shall credit the alien for the number of days or hours of work lost for purposes of the requirement of subsection (e)(1).

   Inserted: (v) Treatment of attorney's fees.--The parties shall bear the cost of their own attorney's fees involved in the litigation of the complaint.

   Inserted: (vi) Nonexclusive remedy.--The complaint process provided for in this subparagraph is in addition to any other rights an employee may have in accordance with applicable law.

   Inserted: (vii) Effect on other actions or proceedings.--Any finding of fact or law, judgment, conclusion, or final order made by an arbitrator in the proceeding before the Secretary shall not be conclusive or binding in any separate or subsequent action or proceeding between the employee and the employee's current or prior employer brought before an arbitrator, administrative agency, court, or judge of any State or the United States, regardless of whether the prior action was between the same or related parties or involved the same facts, except that the arbitrator's specific finding of the number of days or hours of work lost by the employee as a result of the employment termination may be referred to the Secretary pursuant to clause (iv).

   Inserted: (C) Civil penalties.--

   Inserted: (i) In general.--If the Secretary finds, after notice and opportunity for a hearing, that an employer of an alien granted blue card status has failed to provide the record of employment required under subsection (c)(5) or has provided a false statement of material fact in such a record, the employer shall be subject to a civil money penalty in an amount not to exceed $1,000 per violation.

   Inserted: (ii) Limitation.--The penalty applicable under clause (i) for failure to provide records shall not apply unless the alien has provided the employer with evidence of employment authorization granted under this section.

   Inserted: (e) Adjustment to Permanent Residence.--

   Inserted: (1) Agricultural workers.--

   Inserted: (A) In general.--Except as provided in subparagraph (B), the Secretary shall adjust the status of an alien granted blue card status to that of an alien lawfully admitted for permanent residence if the Secretary determines that the following requirements are satisfied:

   Inserted: (i) Qualifying employment.--The alien has performed at least--

   Inserted: (I) 5 years of agricultural employment in the United States, for at least 100 work days or 575 hours, but in no case less than 575 hours per year, during the 5-year period beginning on the date of the enactment of this Act; or

   Inserted: (II) 3 years of agricultural employment in the United States, for at least 150 work days or 863 hours, but in no case less than 863 hours per year, during the 5-year period beginning on the date of the enactment of this Act.

   Inserted: (ii) Proof.--An alien may demonstrate compliance with the requirement under clause (i) by submitting--

   Inserted: (I) the record of employment described in subsection (c)(5); or

   Inserted: (II) such documentation as may be submitted under subsection (f)(3).

   Inserted: (iii) Extraordinary circumstances.--In determining whether an alien has met the requirement under clause (i)(I), the Secretary may credit the alien with not more than 12 additional months to meet the requirement under clause (i) if the alien was unable to work in agricultural employment due to--

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

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

   Inserted: (III) severe weather conditions that prevented the alien from engaging in agricultural employment for a significant period of time.

   Inserted: (iv) Application period.--The alien applies for adjustment of status not later than 7 years after the date of the enactment of this Act.

   Inserted: (v) Fine.--The alien pays a fine to the Secretary in an amount equal to $1,000.

   Inserted: (vi) English language.--The alien has demonstrated an understanding of the English language, as required under section 312(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1423(a)(1)).

   Inserted: (B) Grounds for denial of adjustment of status.--The Secretary may deny an alien adjustment to permanent resident status, and provide for termination of the blue card status granted such alien, if--

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

   Inserted: (ii) the alien--

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

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

   Inserted: (III) is convicted of a single misdemeanor for which the actual sentence served is 6 months or longer.

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

   Inserted: (D) Payment of income taxes.--

   Inserted: (i) In general.--Not later than the date on which an alien's status is adjusted under this subsection, the alien shall establish the payment of all Federal income taxes owed for employment during the period of employment required under paragraph (1)(A) by establishing that--

   Inserted: (I) no such tax liability exists;

   Inserted: (II) all outstanding liabilities have been met; or

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

   Inserted: (ii) IRS cooperation.--The Commissioner of Internal Revenue shall provide documentation to an alien upon request to establish the payment of all income taxes required under this paragraph.

   Inserted: (2) Spouses and minor children.--

   Inserted: (A) In general.--Notwithstanding any other provision of law, the Secretary shall confer the status of lawful permanent resident on the spouse and minor child of an alien granted status under paragraph (1), including any individual who was a minor child on the date such alien was granted blue card status, if the spouse or minor child applies for such status, or if the principal alien includes the spouse or minor child in an application for adjustment of status to that of a lawful permanent resident.

   Inserted: (B) Treatment of spouses and minor children before adjustment of status.--

   Inserted: (i) Removal.--The spouse and any minor child of an alien granted blue card status may not be removed while such alien maintains such status, except as provided in subparagraph (C).

   Inserted: (ii) Travel.--The spouse and any minor child of an alien granted blue card status may travel outside the United States in the same manner as an alien lawfully admitted for permanent residence.

   Inserted: (iii) Employment.--The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status.

   Inserted: (C) Grounds for denial of adjustment of status and removal.--The Secretary may deny an alien spouse or child adjustment of status under subparagraph (A) and may remove such spouse or child under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) if the spouse or child--

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

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

   Inserted: (iii) is convicted of a single misdemeanor for which the actual sentence served is 6 months or longer.

   Inserted: (f) Applications.--

   Inserted: (1) To whom may be made.--The Secretary shall provide that--

   Inserted: (A) applications for blue card status may be filed--

   Inserted: (i) with the Secretary, but only if the applicant is represented by an attorney or a non-profit 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

   Inserted: (ii) with a qualified designated entity (designated under paragraph (2)), but only if the applicant consents to the forwarding of the application to the Secretary; and

   Inserted: (B) applications for adjustment of status under subsection (e) shall be filed directly with the Secretary.

   Inserted: (2) Designation of entities to receive applications.--

   Inserted: (A) In general.--For purposes of receiving applications under subsection (c), the Secretary--

   Inserted: (i) shall designate qualified farm labor organizations and associations of employers; and

   Inserted: (ii) may designate such other persons as the Secretary determines are qualified and have substantial experience, demonstrate competence, and have traditional long-term involvement in the preparation and submission of applications for adjustment of status under section 209, 210, or 245 of the Immigration and Nationality Act, Public Law 89-732, Public Law 95-145, or the Immigration Reform and Control Act of 1986.

   Inserted: (B) References.--Organizations, associations, and persons designated under subparagraph (A) are referred to in this subtitle as "qualified designated entities".

   Inserted: (3) Proof of eligibility.--

   Inserted: (A) In general.--An alien may establish that the alien meets the requirement of subsection (c)(1)(A) or (e)(1)(A) through government employment records or records supplied by employers or collective bargaining organizations, and other reliable documentation as the alien may provide. The Secretary shall establish special procedures to properly credit work in cases in which an alien was employed under an assumed name.

   Inserted: (B) Documentation of work history.--

   Inserted: (i) Burden of proof.--An alien applying for status under subsection (c)(1) or (e)(1) has the burden of proving by a preponderance of the evidence that the alien has worked the requisite number of hours or days (as required under subsection (c)(1)(A) or (e)(1)(A)).

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

   Inserted: (iii) Sufficient evidence.--An alien can meet the burden of proof under clause (i) to establish that the alien has performed the work described in subsection (c)(1)(A) or (e)(1)(A) by producing sufficient evidence to show the extent of that employment as a matter of just and reasonable inference.

   Inserted: (4) Treatment of applications by qualified designated entities.--Each qualified designated entity shall agree to forward to the Secretary applications filed with it in accordance with paragraph (1)(A)(i)(II) but shall not forward to the Secretary applications filed with it unless the applicant has consented to such forwarding. No such entity may make a determination required by this section to be made by the Secretary. Upon the request of the alien, a qualified designated entity shall assist the alien in obtaining documentation of the work history of the alien.

   Inserted: (5) Limitation on access to information.--Files and records prepared for purposes of this subsection by qualified designated entities operating under this subsection are confidential and the Secretary shall not have access to such files or records relating to an alien without the consent of the alien, except as allowed by a court order issued pursuant to paragraph (6).

   Inserted: (6) Confidentiality of information.--

   Inserted: (A) In general.--Except as otherwise provided in this subsection, neither the Secretary, nor any other official or employee of the Department, or a bureau or agency of the Department, may--

   Inserted: (i) use the information furnished by the applicant pursuant to an application filed under this section, the information provided to the applicant by a person designated under paragraph (2)(A), or any information provided by an employer or former employer, for any purpose other than to make a determination on the application, or for enforcement of paragraph (7);

   Inserted: (ii) make any publication whereby the information furnished by any particular individual can be identified; or

   Inserted: (iii) permit anyone other than the sworn officers and employees of the Department, or a bureau or agency of the Department, or, with respect to applications filed with a qualified designated entity, that qualified designated entity, to examine individual applications.

   Inserted: (B) Required disclosures.--The Secretary shall provide the information furnished under this section, or any other information derived from such furnished information, to--

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

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

   Inserted: (C) Construction.--

   Inserted: (i) In general.--Nothing in this paragraph shall be construed to limit the use, or release, for immigration enforcement purposes or law enforcement purposes of information contained in files or records of the Department pertaining to an application filed under this section, other than information furnished by an applicant pursuant to the application, or any other information derived from the application, that is not available from any other source.

   Inserted: (ii) Criminal convictions.--Information concerning whether the applicant has at any time been convicted of a crime may be used or released for immigration enforcement or law enforcement purposes.

   Inserted: (D) Crime.--Any person who knowingly uses, publishes, or permits information to be examined in violation of this paragraph shall be subject to a fine in an amount not to exceed $10,000.

   Inserted: (7) Penalties for false statements in applications.--

   Inserted: (A) Criminal penalty.--Any person who--

   Inserted: (i) files an application for status under subsection (c) or (e) and knowingly and willfully falsifies, conceals, or covers up a material fact or makes any false, fictitious, or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry; or

   Inserted: (ii) creates or supplies a false writing or document for use in making such an application, shall be fined in accordance with title 18, United States Code, imprisoned not more than 5 years, or both.

   Inserted: (B) Inadmissibility.--An alien who is convicted of a crime under subparagraph (A) shall be considered to be inadmissible to the United States on the ground described in section 212(a)(6)(C)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)).

   Inserted: (8) Eligibility for legal services.--Section 504(a)(11) of Public Law 104-134 (110 Stat. 1321-53 et seq.) shall not be construed to prevent a recipient of funds under the Legal Services Corporation Act (42 U.S.C. 2996 et seq.) from providing legal assistance directly related to an application for adjustment of status under this section.

   Inserted: (9) Application fees.--

   Inserted: (A) Fee schedule.--The Secretary shall provide for a schedule of fees that--

   Inserted: (i) shall be charged for the filing of applications for status under subsections (a) and (c); and

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

   Inserted: (B) Prohibition on excess fees by qualified designated entities.--A qualified designated entity may not charge any fee in excess of, or in addition to, the fees authorized under subparagraph (A)(ii) for services provided to applicants.

   Inserted: (C) Disposition of fees.--

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

   Inserted: (ii) Use of fees for application processing.--Amounts deposited in the "Agricultural Worker Immigration Status Adjustment Account" shall remain available to the Secretary until expended for processing applications for status under subsections (c) and (e).

   Inserted: (g) Waiver of Numerical Limitations and Certain Grounds for Inadmissibility.--

   Inserted: (1) Numerical limitations do not apply.--The numerical limitations of sections 201 and 202 of the Immigration and Nationality Act (8 U.S.C. 1151 and 1152) shall not apply to the adjustment of aliens to lawful permanent resident status under this section.

   Inserted: (2) Waiver of certain grounds of inadmissibility.--In the determination of an alien's eligibility for status under subsection (c)(1)(C) or an alien's eligibility for adjustment of status under subsection (e)(1)(B)(ii)(I), the following rules shall apply:

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

   Inserted: (B) Waiver of other grounds.--

   Inserted: (i) In general.--Except as provided in clause (ii), the Secretary may waive any other provision of such section 212(a) in the case of individual aliens for humanitarian purposes, to ensure family unity, or if otherwise in the public interest.

   Inserted: (ii) Grounds that may not be waived.--Paragraphs (2)(A), (2)(B), (2)(C), (3), and (4) of such section 212(a) may not be waived by the Secretary under clause (i).

   Inserted: (iii) Construction.--Nothing in this subparagraph shall be construed as affecting the authority of the Secretary other than under this subparagraph to waive provisions of such section 212(a).

   Inserted: (C) Special rule for determination of public charge.--An alien is not ineligible for status under this section by reason of a ground of inadmissibility under section 212(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) if the alien demonstrates a history of employment in the United States evidencing self-support without reliance on public cash assistance.

   Inserted: (h) Temporary Stay of Removal and Work Authorization for Certain Applicants.--

   Inserted: (1) Before application period.--Effective on the date of enactment of this Act, the Secretary shall provide that, in the case of an alien who is apprehended before the beginning of the application period described in subsection (c)(1)(B) and who can establish a nonfrivolous case of eligibility for blue card status (but for the fact that the alien may not apply for such status until the beginning of such period), until the alien has had the opportunity during the first 30 days of the application period to complete the filing of an application for blue card status, the alien--

   Inserted: (A) may not be removed; and

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

   Inserted: (2) During application period.--The Secretary shall provide that, in the case of an alien who presents a nonfrivolous application for blue card status during the application period described in subsection (e)(1)(B), including an alien who files such an application within 30 days of the alien's apprehension, and until a final determination on the application has been made in accordance with this section, the alien--

   Inserted: (A) may not be removed; and

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

   Inserted: (i) Administrative and Judicial Review.--

   Inserted: (1) In general.--There shall be no administrative or judicial review of a determination respecting an application for status under subsection (c) or (e) except in accordance with this subsection.

   Inserted: (2) Administrative review.--

   Inserted: (A) Single level of administrative appellate review.--The Secretary shall establish an appellate authority to provide for a single level of administrative appellate review of such a determination.

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

   Inserted: (3) Judicial review.--

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

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

   Inserted: (j) Dissemination of Information on Adjustment Program.--Beginning not later than the first day of the application period described in subsection (c)(1)(B), the Secretary, in cooperation with qualified designated entities, shall broadly disseminate information respecting the benefits that aliens may receive under this section and the requirements to be satisfied to obtain such benefits.

   Inserted: (k) Regulations.--The Secretary shall issue regulations to implement this section not later than the first day of the seventh month that begins after the date of enactment of this Act.

   Inserted: (l) Effective Date.--This section shall take effect on the date that regulations are issued implementing this section on an interim or other basis.

   Inserted: (m) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $40,000,000 for each of fiscal years 2007 through 2010.

   Inserted: (n) Application of Other Provisions.--Section 613 of this Act is null and void.

   Inserted: SEC. __. CONFIDENTIALLY OF INFORMATION SUBMITTED FOR EARNED ADJUSTMENT OF STATUS.

   Inserted: Notwithstanding section 601(b) of this Act, subsection (e) of section 245B of the Immigration and Nationality Act, as added by such section 601(b), is amended to read as follows:

   Inserted: "(e) Confidentiality of Information.--

   Inserted: "(1) In general.--Except as provided in paragraph (2) or (3) or as otherwise provided in this section, or pursuant to written waiver of the applicant or order of a court of competent jurisdiction, no Federal agency or bureau, or any officer or employee of such agency or bureau, may--

   Inserted: "(A) use the information furnished by the applicant pursuant to an application filed under paragraph (1) or (2) of subsection (a) for any purpose other than to make a determination on the application;

   Inserted: "(B) make any publication through which the information furnished by any particular applicant can be identified; or

   Inserted: "(C) permit anyone other than the sworn officers and employees of such agency, bureau, or approved entity, as approved by the Secretary of Homeland Security, to examine individual applications that have been filed.

   Inserted: "(2) Required disclosures.--The Secretary of Homeland Security and the Secretary of State shall provide the information furnished pursuant to an application filed under paragraph (1) or (2) of subsection (a), and any other information derived from such furnished information, to--

   Inserted: "(A) a duly recognized law enforcement entity in connection with a criminal investigation or prosecution or a national security investigation or prosecution, in each instance about an individual suspect or group of suspects, when such information is requested by such entity; or

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

   Inserted: "(3) Inapplicability after denial.--The limitation under paragraph (1)--

   Inserted: "(A) shall apply only until an application filed under paragraph (1) or (2) of subsection (a) is denied and all opportunities for appeal of the denial have been exhausted; and

   Inserted: "(B) shall not apply to use of the information furnished pursuant to such application in any removal proceeding or other criminal or civil case or action relating to an alien whose application has been granted that is based upon any violation of law committed or discovered after such grant.

   Inserted: "(4) Criminal penalty.--Any person who knowingly uses, publishes, or permits information to be examined in violation of this subsection shall be fined not more than $10,000.".

   Inserted: SEC. __. EFFECTIVE DATE FOR NEW NONIMMIGRANT TEMPORARY WORKER CATEGORIES.

   Inserted: Notwithstanding subsection (b) of section 402 of this Act, the amendments made by subsection (a) of such section 402 shall take effect on the date that is 18 months after the date that a total of not less than $400,000,000 has been appropriated and made available to the Secretary to implement the Electronic Employment Verification System established under 274A(d) of the Immigration and Nationality Act, as amended by section 301(a) of this Act, with respect to aliens, who, on such effective date, are outside of the United States.

   Inserted: SEC. __. ELIGIBILITY FOR THE EARNED INCOME TAX CREDIT.

   Inserted: Notwithstanding section 601(b) of this Act, subsection (g) of section 245B of the Immigration and Nationality Act, as added by such section 601(b), is amended to read as follows:

   Inserted: "(g) Ineligibility for Public Benefits.--For purposes of section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613), an alien who is unlawfully present in the United States, or an alien who receives an adjustment of status under subsection (n) of section 245 who was illegally present in the United States prior to January 7 2004, this section, section 245C, or section __(e) of the Comprehensive Immigration Reform Act of 2006, shall not be eligible for the Earned Income Tax Credit. With respect to benefits other than the Earned Income Tax Credit, an alien whose status has been adjusted in accordance with subsection (a) shall not be eligible for any Federal means-tested public benefit unless the alien meets the alien eligibility criteria for such benefit under title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1601 et seq.).".

   Original wording

   At the end, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed