S.Amdt. 5022

TEXT OF AMENDMENTS

SA 5021. Mrs. FEINSTEIN (for herself and Mr. Craig) submitted an
amendment intended to be proposed by her to the bill H.R. 6061, to
establish operational control over the international land and maritime
borders of the United States; which was ordered to lie on the table; as
follows:

On page 7, after line 10, insert the following:

TITLE II--AGRICULTURAL JOB OPPORTUNITIES, BENEFITS, AND SECURITY

SEC. 201. SHORT TITLE.

This title may be cited as the ``Agricultural Job
Opportunities, Benefits, and Security Act of 2006'' or the
``AgJOBS Act of 2006''.

SEC. 202. DEFINITIONS.

In this title:
(1) Agricultural employment.--The term ``agricultural
employment'' means any service or activity that is considered
to be agricultural under section 3(f) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural
labor under section 3121(g) of the Internal Revenue Code of
1986 (26 U.S.C. 3121(g)). For purposes of this paragraph,
agricultural employment includes employment under section
101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(H)(ii)(a)).
(2) 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
211(a).
(3) Department.--The term ``Department'' means the
Department of Homeland Security.
(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) Job opportunity.--The term ``job opportunity'' means a
job opening for temporary full-time employment at a place in
the United States to which United States workers can be
referred.
(6) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of Homeland Security.
(7) Temporary.--A worker is employed on a ``temporary''
basis where the employment is intended not to exceed 10
months.
(8) United states worker.--The term ``United States
worker'' means any worker, whether a United States citizen or
national, a lawfully admitted permanent resident alien, or
any other alien, who is authorized to work in the job
opportunity within the United States, except an alien
admitted or otherwise provided status under section
101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(H)(ii)(a)).
(9) Work day.--The term ``work day'' means any day in which
the individual is employed 5.75 or more hours in agricultural
employment.

Subtitle A--PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL
WORKERS

SEC. 211. AGRICULTURAL WORKERS.

(a) Blue Card Program.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary shall confer blue card status upon an
alien who qualifies under this subsection if the Secretary
determines that the alien--
(A) has performed agricultural employment in the United
States for at least 863 hours or 150 work days during the 24-
month period ending on December 31, 2005;
(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;
(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 (e)(2);
and
(D) has not been convicted of any felony or a misdemeanor,
an element of which involves bodily injury, threat of serious
bodily injury, or harm to property in excess of $500.
(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.
(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.
(4) Termination of blue card status.--
(A) In general.--The Secretary may terminate blue card
status granted under this subsection only upon a
determination under this title that the alien is deportable.
(B) Grounds for termination of blue card status.--Before
any alien becomes eligible for adjustment of status under
subsection (c), 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--
(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
(ii) the alien--

(I) commits an act that makes the alien inadmissible to the
United States as an immigrant, except as provided under
subsection (e)(2);
(II) is convicted of a felony or 3 or more misdemeanors
committed in the United States;
(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; or
(IV) fails to perform the agricultural employment required
under subsection (c)(1)(A)(i) unless the alien was unable to
work in agricultural employment due to the extraordinary
circumstances described in subsection (c)(1)(A)(iii).

(5) Record of employment.--

[[Page S9793]]

(A) In general.--Each employer of a worker granted status
under this subsection shall annually--
(i) provide a written record of employment to the alien;
and
(ii) provide a copy of such record to the Secretary.
(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.
(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--
(A) an encrypted, machine-readable, electronic
identification strip that is unique to the alien to whom the
card is issued;
(B) biometric identifiers, including fingerprints and a
digital photograph; and
(C) physical security features designed to prevent
tampering, counterfeiting, or duplication of the card for
fraudulent purposes.
(7) Fine.--An alien granted blue card status shall pay a
fine to the Secretary in an amount equal to $100.
(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.
(b) Rights of Aliens Granted Blue Card Status.--
(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.).
(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 alien is granted permanent resident status under
subsection (c).
(3) Terms of employment respecting aliens admitted under
this section.--
(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.
(B) Treatment of complaints.--
(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.
(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.
(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
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.
(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 (c)(1).
(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.
(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.
(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).
(C) Civil penalties.--
(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 (a)(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.
(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.
(c) Adjustment to Permanent Residence.--
(1) Agricultural workers.--
(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:
(i) Qualifying employment.--

(I) In general.--Subject to subclause (II), the alien has
performed at least--

(aa) 5 years of agricultural employment in the United
States for at least 100 work days per year, during the 5-year
period beginning on the date of the enactment of this Act; or
(bb) 3 years of agricultural employment in the United
States for at least 150 work days per year, during the 3-year
period beginning on the date of the enactment of this Act.

(II) 4-year period of employment.--An alien shall be
considered to meet the requirements of subclause (I) if the
alien has performed 4 years of agricultural employment in the
United States for at least 150 work days during 3 years of
those 4 years and at least 100 work days during the remaining
year, during the 4-year period beginning on the date of the
enactment of this Act.

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

(I) the record of employment described in subsection
(a)(5); or
(II) such documentation as may be submitted under
subsection (d)(3).

(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--

(I) pregnancy, injury, or disease, if the alien can
establish such pregnancy, disabling injury, or disease
through medical records;
(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
(III) severe weather conditions that prevented the alien
from engaging in agricultural employment for a significant
period of time.

(iv) Application period.--The alien applies for adjustment
of status not later than 7 years after the date of the
enactment of this Act.
(v) Fine.--The alien pays a fine to the Secretary in an
amount equal to $400.
(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--
(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
(ii) the alien--

(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 (e)(2);
(II) is convicted of a felony or 3 or more misdemeanors
committed in the United States; or
(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.

(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).
(D) Payment of taxes.--
(i) In general.--Not later than the date on which an
alien's status is adjusted under this

[[Page S9794]]

subsection, the alien shall establish the payment of any
applicable Federal tax liability by establishing that--

(I) no such tax liability exists;
(II) all outstanding liabilities have been paid; or
(III) the alien has entered into an agreement for payment
of all outstanding liabilities with the Internal Revenue
Service.

(ii) Applicable federal tax liability.--For purposes of
clause (i), the term ``applicable Federal tax liability''
means liability for Federal taxes, including penalties and
interest, owed for any year during the period of employment
required under paragraph (1)(A) for which the statutory
period for assessment of any deficiency for such taxes has
not expired.
(iii) IRS cooperation.--The Secretary of the Treasury shall
establish rules and procedures under which the Commissioner
of Internal Revenue shall provide documentation to an alien
upon request to establish the payment of all taxes required
by this subparagraph.
(2) Spouses and minor children.--
(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.
(B) Treatment of spouses and minor children before
adjustment of status.--
(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).
(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.
(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.
(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--
(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
(e)(2);
(ii) is convicted of a felony or 3 or more misdemeanors
committed in the United States; or
(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.
(d) Applications.--
(1) To whom may be made.--The Secretary shall provide
that--
(A) applications for blue card status may be filed--
(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
(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
(B) applications for adjustment of status under subsection
(c) shall be filed directly with the Secretary.
(2) Designation of entities to receive applications.--
(A) In general.--For purposes of receiving applications
under subsection (a), the Secretary--
(i) shall designate qualified farm labor organizations and
associations of employers; and
(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.
(B) References.--Organizations, associations, and persons
designated under subparagraph (A) are referred to in this
title as ``qualified designated entities''.
(3) Proof of eligibility.--
(A) In general.--An alien may establish that the alien
meets the requirement of subsection (a)(1)(A) or (c)(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.
(B) Documentation of work history.--
(i) Burden of proof.--An alien applying for status under
subsection (a)(1) or (c)(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 (a)(1)(A) or (c)(1)(A)).
(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.
(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 (a)(1)(A) or
(c)(1)(A) by producing sufficient evidence to show the extent
of that employment as a matter of just and reasonable
inference.
(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)(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.
(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).
(6) Confidentiality of information.--
(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--
(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);
(ii) make any publication whereby the information furnished
by any particular individual can be identified; or
(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.
(B) Required disclosures.--The Secretary shall provide the
information furnished under this section, or any other
information derived from such furnished information, to--
(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
(ii) an official coroner, for purposes of affirmatively
identifying a deceased individual, whether or not the death
of such individual resulted from a crime.
(C) Construction.--
(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.
(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.
(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.
(7) Penalties for false statements in applications.--
(A) Criminal penalty.--Any person who--
(i) files an application for status under subsection (a) or
(c) 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
(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.
(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)).
(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

[[Page S9795]]

related to an application for adjustment of status under this
section.
(9) Application fees.--
(A) Fee schedule.--The Secretary shall provide for a
schedule of fees that--
(i) shall be charged for the filing of applications for
status under subsections (a) and (c); and
(ii) may be charged by qualified designated entities to
help defray the costs of services provided to such
applicants.
(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.
(C) Disposition of fees.--
(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).
(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 (a) and (c).
(e) Waiver of Numerical Limitations and Certain Grounds for
Inadmissibility.--
(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.
(2) Waiver of certain grounds of inadmissibility.--In the
determination of an alien's eligibility for status under
subsection (a)(1)(C) or an alien's eligibility for adjustment
of status under subsection (c)(1)(B)(ii)(I), the following
rules shall apply:
(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.
(B) Waiver of other grounds.--
(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.
(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).
(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).
(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.
(f) Temporary Stay of Removal and Work Authorization for
Certain Applicants.--
(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 (a)(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--
(A) may not be removed; and
(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.
(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 (a)(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--
(A) may not be removed; and
(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.
(g) Administrative and Judicial Review.--
(1) In general.--There shall be no administrative or
judicial review of a determination respecting an application
for status under subsection (a) or (c) except in accordance
with this subsection.
(2) Administrative review.--
(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.
(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.
(3) Judicial review.--
(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).
(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.
(h) Dissemination of Information on Adjustment Program.--
Beginning not later than the first day of the application
period described in subsection (a)(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.
(i) 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.
(j) Effective Date.--This section shall take effect on the
date that regulations are issued implementing this section on
an interim or other basis.
(k) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary such sums as may be
necessary to implement this section, including any sums
needed for costs associated with the initiation of such
implementation, for fiscal years 2007 and 2008.

SEC. 212. CORRECTION OF SOCIAL SECURITY RECORDS.

(a) In General.--Section 208(e)(1) of the Social Security
Act (42 U.S.C. 408(e)(1)) is amended--
(1) in subparagraph (B)(ii), by striking ``or'' at the end;
(2) in subparagraph (C), by inserting ``or'' at the end;
(3) by inserting after subparagraph (C) the following:
``(D) who is granted blue card status under the
Agricultural Job Opportunity, Benefits, and Security Act of
2006,''; and
(4) by striking ``1990.'' and inserting ``1990, or in the
case of an alien described in subparagraph (D), if such
conduct is alleged to have occurred before the date on which
the alien was granted blue card status.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the first day of the seventh month that
begins after the date of the enactment of this Act.

Subtitle B--REFORM OF H-2A WORKER PROGRAM

SEC. 221. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT.

(a) In General.--Title II of the Immigration and
Nationality Act (8 U.S.C. 1151 et seq.) is amended by
striking section 218 and inserting the following:

``SEC. 218. H-2A EMPLOYER APPLICATIONS.

``(a) Applications to the Secretary of Labor.--
``(1) In general.--No alien may be admitted to the United
States as an H-2A worker, or otherwise provided status as an
H-2A worker, unless the employer has filed with the Secretary
of Labor an application containing--
``(A) the assurances described in subsection (b);
``(B) a description of the nature and location of the work
to be performed;
``(C) the anticipated period (expected beginning and ending
dates) for which the workers will be needed; and
``(D) the number of job opportunities in which the employer
seeks to employ the workers.
``(2) Accompanied by job offer.--Each application filed
under paragraph (1) shall be accompanied by a copy of the job
offer describing the wages and other terms and conditions of
employment and the bona fide occupational qualifications that
shall be possessed by a worker to be employed in the job
opportunity in question.
``(b) Assurances for Inclusion in Applications.--The
assurances referred to in subsection (a)(1) are the
following:
``(1) Job opportunities covered by collective bargaining
agreements.--With respect to a job opportunity that is
covered under a collective bargaining agreement:
``(A) Union contract described.--The job opportunity is
covered by a union contract which was negotiated at arm's
length between a bona fide union and the employer.
``(B) Strike or lockout.--The specific job opportunity for
which the employer is requesting an H-2A worker is not vacant
because the former occupant is on strike or being locked out
in the course of a labor dispute.
``(C) Notification of bargaining representatives.--The
employer, at the time of filing the application, has provided
notice of the filing under this paragraph to the bargaining
representative of the employer's employees in the
occupational classification at the place or places of
employment for which aliens are sought.

[[Page S9796]]

``(D) Temporary or seasonal job opportunities.--The job
opportunity is temporary or seasonal.
``(E) Offers to united states workers.--The employer has
offered or will offer the job to any eligible United States
worker who applies and is equally or better qualified for the
job for which the nonimmigrant is, or the nonimmigrants are,
sought and who will be available at the time and place of
need.
``(F) Provision of insurance.--If the job opportunity is
not covered by the State workers' compensation law, the
employer will provide, at no cost to the worker, insurance
covering injury and disease arising out of, and in the course
of, the worker's employment which will provide benefits at
least equal to those provided under the State's workers'
compensation law for comparable employment.
``(2) Job opportunities not covered by collective
bargaining agreements.--With respect to a job opportunity
that is not covered under a collective bargaining agreement:
``(A) Strike or lockout.--The specific job opportunity for
which the employer is requesting an H-2A worker is not vacant
because the former occupant is on strike or being locked out
in the course of a labor dispute.
``(B) Temporary or seasonal job opportunities.--The job
opportunity is temporary or seasonal.
``(C) Benefit, wage, and working conditions.--The employer
will provide, at a minimum, the benefits, wages, and working
conditions required by section 218A to all workers employed
in the job opportunities for which the employer has applied
under subsection (a) and to all other workers in the same
occupation at the place of employment.
``(D) Nondisplacement of united states workers.--The
employer did not displace and will not displace a United
States worker employed by the employer during the period of
employment and for a period of 30 days preceding the period
of employment in the occupation at the place of employment
for which the employer seeks approval to employ H-2A workers.
``(E) Requirements for placement of nonimmigrant with other
employers.--The employer will not place the nonimmigrant with
another employer unless--
``(i) the nonimmigrant performs duties in whole or in part
at 1 or more work sites owned, operated, or controlled by
such other employer;
``(ii) there are indicia of an employment relationship
between the nonimmigrant and such other employer; and
``(iii) the employer has inquired of the other employer as
to whether, and has no actual knowledge or notice that,
during the period of employment and for a period of 30 days
preceding the period of employment, the other employer has
displaced or intends to displace a United States worker
employed by the other employer in the occupation at the place
of employment for which the employer seeks approval to employ
H-2A workers.
``(F) Statement of liability.--The application form shall
include a clear statement explaining the liability under
subparagraph (E) of an employer if the other employer
described in such subparagraph displaces a United States
worker as described in such subparagraph.
``(G) Provision of insurance.--If the job opportunity is
not covered by the State workers' compensation law, the
employer will provide, at no cost to the worker, insurance
covering injury and disease arising out of and in the course
of the worker's employment which will provide benefits at
least equal to those provided under the State's workers'
compensation law for comparable employment.
``(H) Employment of united states workers.--
``(i) Recruitment.--The employer has taken or will take the
following steps to recruit United States workers for the job
opportunities for which the H-2A nonimmigrant is, or H-2A
nonimmigrants are, sought:

``(I) Contacting former workers.--The employer shall make
reasonable efforts through the sending of a letter by United
States Postal Service mail, or otherwise, to contact any
United States worker the employer employed during the
previous season in the occupation at the place of intended
employment for which the employer is applying for workers and
has made the availability of the employer's job opportunities
in the occupation at the place of intended employment known
to such previous workers, unless the worker was terminated
from employment by the employer for a lawful job-related
reason or abandoned the job before the worker completed the
period of employment of the job opportunity for which the
worker was hired.
``(II) Filing a job offer with the local office of the
state employment security agency.--Not later than 28 days
before the date on which the employer desires to employ an H-
2A worker in a temporary or seasonal agricultural job
opportunity, the employer shall submit a copy of the job
offer described in subsection (a)(2) to the local office of
the State employment security agency which serves the area of
intended employment and authorize the posting of the job
opportunity on `America's Job Bank' or other electronic job
registry, except that nothing in this subclause shall require
the employer to file an interstate job order under section
653 of title 20, Code of Federal Regulations.
``(III) Advertising of job opportunities.--Not later than
14 days before the date on which the employer desires to
employ an H-2A worker in a temporary or seasonal agricultural
job opportunity, the employer shall advertise the
availability of the job opportunities for which the employer
is seeking workers in a publication in the local labor market
that is likely to be patronized by potential farm workers.
``(IV) Emergency procedures.--The Secretary of Labor shall,
by regulation, provide a procedure for acceptance and
approval of applications in which the employer has not
complied with the provisions of this subparagraph because the
employer's need for H-2A workers could not reasonably have
been foreseen.

``(ii) Job offers.--The employer has offered or will offer
the job to any eligible United States worker who applies and
is equally or better qualified for the job for which the
nonimmigrant is, or nonimmigrants are, sought and who will be
available at the time and place of need.
``(iii) Period of employment.--The employer will provide
employment to any qualified United States worker who applies
to the employer during the period beginning on the date on
which the foreign worker departs for the employer's place of
employment and ending on the date on which 50 percent of the
period of employment for which the foreign worker who is in
the job was hired has elapsed, subject to the following
requirements:

``(I) Prohibition.--No person or entity shall willfully and
knowingly withhold United States workers before the arrival
of H-2A workers in order to force the hiring of United States
workers under this clause.
``(II) Complaints.--Upon receipt of a complaint by an
employer that a violation of subclause (I) has occurred, the
Secretary of Labor shall immediately investigate. The
Secretary of Labor shall, within 36 hours of the receipt of
the complaint, issue findings concerning the alleged
violation. If the Secretary of Labor finds that a violation
has occurred, the Secretary of Labor shall immediately
suspend the application of this clause with respect to that
certification for that date of need.
``(III) Placement of united states workers.--Before
referring a United States worker to an employer during the
period described in the matter preceding subclause (I), the
Secretary of Labor shall make all reasonable efforts to place
the United States worker in an open job acceptable to the
worker, if there are other job offers pending with the job
service that offer similar job opportunities in the area of
intended employment.

``(iv) Statutory construction.--Nothing in this
subparagraph shall be construed to prohibit an employer from
using such legitimate selection criteria relevant to the type
of job that are normal or customary to the type of job
involved so long as such criteria are not applied in a
discriminatory manner.
``(c) Applications by Associations on Behalf of Employer
Members.--
``(1) In general.--An agricultural association may file an
application under subsection (a) on behalf of 1 or more of
its employer members that the association certifies in its
application has or have agreed in writing to comply with the
requirements of this section and sections 218A and 218B.
``(2) Treatment of associations acting as employers.--If an
association filing an application under paragraph (1) is a
joint or sole employer of the temporary or seasonal
agricultural workers requested on the application, the
certifications granted under subsection (e)(2)(B) to the
association may be used for the certified job opportunities
of any of its producer members named on the application, and
such workers may be transferred among such producer members
to perform the agricultural services of a temporary or
seasonal nature for which the certifications were granted.
``(d) Withdrawal of Applications.--
``(1) In general.--An employer may withdraw an application
filed pursuant to subsection (a), except that if the employer
is an agricultural association, the association may withdraw
an application filed pursuant to subsection (a) with respect
to 1 or more of its members. To withdraw an application, the
employer or association shall notify the Secretary of Labor
in writing, and the Secretary of Labor shall acknowledge in
writing the receipt of such withdrawal notice. An employer
who withdraws an application under subsection (a), or on
whose behalf an application is withdrawn, is relieved of the
obligations undertaken in the application.
``(2) Limitation.--An application may not be withdrawn
while any alien provided status under section
101(a)(15)(H)(ii)(a) pursuant to such application is employed
by the employer.
``(3) Obligations under other statutes.--Any obligation
incurred by an employer under any other law or regulation as
a result of the recruitment of United States workers or H-2A
workers under an offer of terms and conditions of employment
required as a result of making an application under
subsection (a) is unaffected by withdrawal of such
application.
``(e) Review and Approval of Applications.--
``(1) Responsibility of employers.--The employer shall make
available for public examination, within 1 working day after
the

[[Page S9797]]

date on which an application under subsection (a) is filed,
at the employer's principal place of business or work site, a
copy of each such application (and such accompanying
documents as are necessary).
``(2) Responsibility of the secretary of labor.--
``(A) Compilation of list.--The Secretary of Labor shall
compile, on a current basis, a list (by employer and by
occupational classification) of the applications filed under
this subsection. Such list shall include the wage rate,
number of workers sought, period of intended employment, and
date of need. The Secretary of Labor shall make such list
available for examination in the District of Columbia.
``(B) Review of applications.--The Secretary of Labor shall
review such an application only for completeness and obvious
inaccuracies. Unless the Secretary of Labor finds that the
application is incomplete or obviously inaccurate, the
Secretary of Labor shall certify that the intending employer
has filed with the Secretary of Labor an application as
described in subsection (a). Such certification shall be
provided within 7 days of the filing of the application.

``SEC. 218A. H-2A EMPLOYMENT REQUIREMENTS.

``(a) Preferential Treatment of Aliens Prohibited.--
Employers seeking to hire United States workers shall offer
the United States workers no less than the same benefits,
wages, and working conditions that the employer is offering,
intends to offer, or will provide to H-2A workers.
Conversely, no job offer may impose on United States workers
any restrictions or obligations which will not be imposed on
the employer's H-2A workers.
``(b) Minimum Benefits, Wages, and Working Conditions.--
Except in cases where higher benefits, wages, or working
conditions are required by the provisions of subsection (a),
in order to protect similarly employed United States workers
from adverse effects with respect to benefits, wages, and
working conditions, every job offer which shall accompany an
application under section 218(b)(2) shall include each of the
following benefit, wage, and working condition provisions:
``(1) Requirement to provide housing or a housing
allowance.--
``(A) In general.--An employer applying under section
218(a) for H-2A workers shall offer to provide housing at no
cost to all workers in job opportunities for which the
employer has applied under that section and to all other
workers in the same occupation at the place of employment,
whose place of residence is beyond normal commuting distance.
``(B) Type of housing.--In complying with subparagraph (A),
an employer may, at the employer's election, provide housing
that meets applicable Federal standards for temporary labor
camps or secure housing that meets applicable local standards
for rental or public accommodation housing or other
substantially similar class of habitation, or in the absence
of applicable local standards, State standards for rental or
public accommodation housing or other substantially similar
class of habitation. In the absence of applicable local or
State standards, Federal temporary labor camp standards shall
apply.
``(C) Family housing.--If it is the prevailing practice in
the occupation and area of intended employment to provide
family housing, family housing shall be provided to workers
with families who request it.
``(D) Workers engaged in the range production of
livestock.--The Secretary of Labor shall issue regulations
that address the specific requirements for the provision of
housing to workers engaged in the range production of
livestock.
``(E) Limitation.--Nothing in this paragraph shall be
construed to require an employer to provide or secure housing
for persons who were not entitled to such housing under the
temporary labor certification regulations in effect on June
1, 1986.
``(F) Charges for housing.--
``(i) Charges for public housing.--If public housing
provided for migrant agricultural workers under the auspices
of a local, county, or State government is secured by an
employer, and use of the public housing unit normally
requires charges from migrant workers, such charges shall be
paid by the employer directly to the appropriate individual
or entity affiliated with the housing's management.
``(ii) Deposit charges.--Charges in the form of deposits
for bedding or other similar incidentals related to housing
shall not be levied upon workers by employers who provide
housing for their workers. An employer may require a worker
found to have been responsible for damage to such housing
which is not the result of normal wear and tear related to
habitation to reimburse the employer for the reasonable cost
of repair of such damage.
``(G) Housing allowance as alternative.--
``(i) In general.--If the requirement under clause (ii) is
satisfied, the employer may provide a reasonable housing
allowance instead of offering housing under subparagraph (A).
Upon the request of a worker seeking assistance in locating
housing, the employer shall make a good faith effort to
assist the worker in identifying and locating housing in the
area of intended employment. An employer who offers a housing
allowance to a worker, or assists a worker in locating
housing which the worker occupies, pursuant to this clause
shall not be deemed a housing provider under section 203 of
the Migrant and Seasonal Agricultural Worker Protection Act
(29 U.S.C. 1823) solely by virtue of providing such housing
allowance. No housing allowance may be used for housing which
is owned or controlled by the employer.
``(ii) Certification.--The requirement of this clause is
satisfied if the Governor of the State certifies to the
Secretary of Labor that there is adequate housing available
in the area of intended employment for migrant farm workers,
and H-2A workers, who are seeking temporary housing while
employed at farm work. Such certification shall expire after
3 years unless renewed by the Governor of the State.
``(iii) Amount of allowance.--

``(I) Nonmetropolitan counties.--If the place of employment
of the workers provided an allowance under this subparagraph
is a nonmetropolitan county, the amount of the housing
allowance under this subparagraph shall be equal to the
statewide average fair market rental for existing housing for
nonmetropolitan counties for the State, as established by the
Secretary of Housing and Urban Development pursuant to
section 8(c) of the United States Housing Act of 1937 (42
U.S.C. 1437f(c)), based on a 2 bedroom dwelling unit and an
assumption of 2 persons per bedroom.
``(II) Metropolitan counties.--If the place of employment
of the workers provided an allowance under this paragraph is
in a metropolitan county, the amount of the housing allowance
under this subparagraph shall be equal to the statewide
average fair market rental for existing housing for
metropolitan counties for the State, as established by the
Secretary of Housing and Urban Development pursuant to
section 8(c) of the United States Housing Act of 1937 (42
U.S.C. 1437f(c)), based on a 2-bedroom dwelling unit and an
assumption of 2 persons per bedroom.

``(2) Reimbursement of transportation.--
``(A) To place of employment.--A worker who completes 50
percent of the period of employment of the job opportunity
for which the worker was hired shall be reimbursed by the
employer for the cost of the worker's transportation and
subsistence from the place from which the worker came to work
for the employer (or place of last employment, if the worker
traveled from such place) to the place of employment.
``(B) From place of employment.--A worker who completes the
period of employment for the job opportunity involved shall
be reimbursed by the employer for the cost of the worker's
transportation and subsistence from the place of employment
to the place from which the worker, disregarding intervening
employment, came to work for the employer, or to the place of
next employment, if the worker has contracted with a
subsequent employer who has not agreed to provide or pay for
the worker's transportation and subsistence to such
subsequent employer's place of employment.
``(C) Limitation.--
``(i) Amount of reimbursement.--Except as provided in
clause (ii), the amount of reimbursement provided under
subparagraph (A) or (B) to a worker or alien shall not exceed
the lesser of--

``(I) the actual cost to the worker or alien of the
transportation and subsistence involved; or
``(II) the most economical and reasonable common carrier
transportation charges and subsistence costs for the distance
involved.

``(ii) Distance traveled.--No reimbursement under
subparagraph (A) or (B) shall be required if the distance
traveled is 100 miles or less, or the worker is not residing
in employer-provided housing or housing secured through an
allowance as provided in paragraph (1)(G).
``(D) Early termination.--If the worker is laid off or
employment is terminated for contract impossibility (as
described in paragraph (4)(D)) before the anticipated ending
date of employment, the employer shall provide the
transportation and subsistence required by subparagraph (B)
and, notwithstanding whether the worker has completed 50
percent of the period of employment, shall provide the
transportation reimbursement required by subparagraph (A).
``(E) Transportation between living quarters and work
site.--The employer shall provide transportation between the
worker's living quarters and the employer's work site without
cost to the worker, and such transportation will be in
accordance with applicable laws and regulations.
``(3) Required wages.--
``(A) In general.--An employer applying for workers under
section 218(a) shall offer to pay, and shall pay, all workers
in the occupation for which the employer has applied for
workers, not less (and is not required to pay more) than the
greater of the prevailing wage in the occupation in the area
of intended employment or the adverse effect wage rate. No
worker shall be paid less than the greater of the hourly wage
prescribed under section 6(a)(1) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 206(a)(1)) or the applicable State
minimum wage.
``(B) Limitation.--Effective on the date of the enactment
of the Agricultural Job Opportunities, Benefits, and Security
Act of 2006 and continuing for 3 years thereafter, no adverse
effect wage rate for a State may be more than the adverse
effect wage rate for that State in effect on January 1, 2003,
as established by section 655.107 of title 20, Code of
Federal Regulations.
``(C) Required wages after 3-year freeze.--
``(i) First adjustment.--If Congress does not set a new
wage standard applicable to

[[Page S9798]]

this section before the first March 1 that is not less than 3
years after the date of enactment of this section, the
adverse effect wage rate for each State beginning on such
March 1 shall be the wage rate that would have resulted if
the adverse effect wage rate in effect on January 1, 2003,
had been annually adjusted, beginning on March 1, 2006, by
the lesser of--

``(I) the 12 month percentage change in the Consumer Price
Index for All Urban Consumers between December of the second
preceding year and December of the preceding year; and
``(II) 4 percent.

``(ii) Subsequent annual adjustments.--Beginning on the
first March 1 that is not less than 4 years after the date of
enactment of this section, and each March 1 thereafter, the
adverse effect wage rate then in effect for each State shall
be adjusted by the lesser of--

``(I) the 12 month percentage change in the Consumer Price
Index for All Urban Consumers between December of the second
preceding year and December of the preceding year; and
``(II) 4 percent.

``(D) Deductions.--The employer shall make only those
deductions from the worker's wages that are authorized by law
or are reasonable and customary in the occupation and area of
employment. The job offer shall specify all deductions not
required by law which the employer will make from the
worker's wages.
``(E) Frequency of pay.--The employer shall pay the worker
not less frequently than twice monthly, or in accordance with
the prevailing practice in the area of employment, whichever
is more frequent.
``(F) Hours and earnings statements.--The employer shall
furnish to the worker, on or before each payday, in 1 or more
written statements--
``(i) the worker's total earnings for the pay period;
``(ii) the worker's hourly rate of pay, piece rate of pay,
or both;
``(iii) the hours of employment which have been offered to
the worker (broken out by hours offered in accordance with
and over and above the three-quarters guarantee described in
paragraph (4);
``(iv) the hours actually worked by the worker;
``(v) an itemization of the deductions made from the
worker's wages; and
``(vi) if piece rates of pay are used, the units produced
daily.
``(G) Report on wage protections.--Not later than December
31, 2008, the Comptroller General of the United States shall
prepare and transmit to the Secretary of Labor, the Committee
on the Judiciary of the Senate, and Committee on the
Judiciary of the House of Representatives, a report that
addresses--
``(i) whether the employment of H-2A or unauthorized aliens
in the United States agricultural work force has depressed
United States farm worker wages below the levels that would
otherwise have prevailed if alien farm workers had not been
employed in the United States;
``(ii) whether an adverse effect wage rate is necessary to
prevent wages of United States farm workers in occupations in
which H-2A workers are employed from falling below the wage
levels that would have prevailed in the absence of the
employment of H-2A workers in those occupations;
``(iii) whether alternative wage standards, such as a
prevailing wage standard, would be sufficient to prevent
wages in occupations in which H-2A workers are employed from
falling below the wage level that would have prevailed in the
absence of H-2A employment;
``(iv) whether any changes are warranted in the current
methodologies for calculating the adverse effect wage rate
and the prevailing wage; and
``(v) recommendations for future wage protection under this
section.
``(H) Commission on wage standards.--
``(i) Establishment.--There is established the Commission
on Agricultural Wage Standards under the H-2A program (in
this subparagraph referred to as the `Commission').
``(ii) Composition.--The Commission shall consist of 10
members as follows:

``(I) 4 representatives of agricultural employers and 1
representative of the Department of Agriculture, each
appointed by the Secretary of Agriculture.
``(II) 4 representatives of agricultural workers and 1
representative of the Department of Labor, each appointed by
the Secretary of Labor.

``(iii) Functions.--The Commission shall conduct a study
that shall address--

``(I) whether the employment of H-2A or unauthorized aliens
in the United States agricultural workforce has depressed
United States farm worker wages below the levels that would
otherwise have prevailed if alien farm workers had not been
employed in the United States;
``(II) whether an adverse effect wage rate is necessary to
prevent wages of United States farm workers in occupations in
which H-2A workers are employed from falling below the wage
levels that would have prevailed in the absence of the
employment of H-2A workers in those occupations;
``(III) whether alternative wage standards, such as a
prevailing wage standard, would be sufficient to prevent
wages in occupations in which H-2A workers are employed from
falling below the wage level that would have prevailed in the
absence of H-2A employment;
``(IV) whether any changes are warranted in the current
methodologies for calculating the adverse effect wage rate
and the prevailing wage rate; and
``(V) recommendations for future wage protection under this
section.

``(iv) Final report.--Not later than December 31, 2008, the
Commission shall submit a report to the Congress setting
forth the findings of the study conducted under clause (iii).
``(v) Termination date.--The Commission shall terminate
upon submitting its final report.
``(4) Guarantee of employment.--
``(A) Offer to worker.--The employer shall guarantee to
offer the worker employment for the hourly equivalent of at
least three-fourths of the work days of the total period of
employment, beginning with the first work day after the
arrival of the worker at the place of employment and ending
on the expiration date specified in the job offer. For
purposes of this subparagraph, the hourly equivalent means
the number of hours in the work days as stated in the job
offer and shall exclude the worker's Sabbath and Federal
holidays. If the employer affords the United States or H-2A
worker less employment than that required under this
paragraph, the employer shall pay such worker the amount
which the worker would have earned had the worker, in fact,
worked for the guaranteed number of hours.
``(B) Failure to work.--Any hours which the worker fails to
work, up to a maximum of the number of hours specified in the
job offer for a work day, when the worker has been offered an
opportunity to do so, and all hours of work actually
performed (including voluntary work in excess of the number
of hours specified in the job offer in a work day, on the
worker's Sabbath, or on Federal holidays) may be counted by
the employer in calculating whether the period of guaranteed
employment has been met.
``(C) Abandonment of employment, termination for cause.--If
the worker voluntarily abandons employment before the end of
the contract period, or is terminated for cause, the worker
is not entitled to the `three-fourths guarantee' described in
subparagraph (A).
``(D) Contract impossibility.--If, before the expiration of
the period of employment specified in the job offer, the
services of the worker are no longer required for reasons
beyond the control of the employer due to any form of natural
disaster, including a flood, hurricane, freeze, earthquake,
fire, drought, plant or animal disease or pest infestation,
or regulatory drought, before the guarantee in subparagraph
(A) is fulfilled, the employer may terminate the worker's
employment. In the event of such termination, the employer
shall fulfill the employment guarantee in subparagraph (A)
for the work days that have elapsed from the first work day
after the arrival of the worker to the termination of
employment. In such cases, the employer will make efforts to
transfer the United States worker to other comparable
employment acceptable to the worker. If such transfer is not
effected, the employer shall provide the return
transportation required in paragraph (2)(D).
``(5) Motor vehicle safety.--
``(A) Mode of transportation subject to coverage.--
``(i) In general.--Except as provided in clauses (iii) and
(iv), this subsection applies to any H-2A employer that uses
or causes to be used any vehicle to transport an H-2A worker
within the United States.
``(ii) Defined term.--In this paragraph, the term `uses or
causes to be used'--

``(I) applies only to transportation provided by an H-2A
employer to an H-2A worker, or by a farm labor contractor to
an H-2A worker at the request or direction of an H-2A
employer; and
``(II) does not apply to--

``(aa) transportation provided, or transportation
arrangements made, by an H-2A worker, unless the employer
specifically requested or arranged such transportation; or
``(bb) car pooling arrangements made by H-2A workers
themselves, using 1 of the workers' own vehicles, unless
specifically requested by the employer directly or through a
farm labor contractor.
``(iii) Clarification.--Providing a job offer to an H-2A
worker that causes the worker to travel to or from the place
of employment, or the payment or reimbursement of the
transportation costs of an H-2A worker by an H-2A employer,
shall not constitute an arrangement of, or participation in,
such transportation.
``(iv) Agricultural machinery and equipment excluded.--This
subsection does not apply to the transportation of an H-2A
worker on a tractor, combine, harvester, picker, or other
similar machinery or equipment while such worker is actually
engaged in the planting, cultivating, or harvesting of
agricultural commodities or the care of livestock or poultry
or engaged in transportation incidental thereto.
``(v) Common carriers excluded.--This subsection does not
apply to common carrier motor vehicle transportation in which
the provider holds itself out to the general public as
engaging in the transportation of passengers for hire and
holds a valid certification of authorization for such
purposes from an appropriate Federal, State, or local agency.

[[Page S9799]]

``(B) Applicability of standards, licensing, and insurance
requirements.--
``(i) In general.--When using, or causing to be used, any
vehicle for the purpose of providing transportation to which
this subparagraph applies, each employer shall--

``(I) ensure that each such vehicle conforms to the
standards prescribed by the Secretary of Labor under section
401(b) of the Migrant and Seasonal Agricultural Worker
Protection Act (29 U.S.C. 1841(b)) and other applicable
Federal and State safety standards;
``(II) ensure that each driver has a valid and appropriate
license, as provided by State law, to operate the vehicle;
and
``(III) have an insurance policy or a liability bond that
is in effect which insures the employer against liability for
damage to persons or property arising from the ownership,
operation, or causing to be operated, of any vehicle used to
transport any H-2A worker.

``(ii) Amount of insurance required.--The level of
insurance required shall be determined by the Secretary of
Labor pursuant to regulations to be issued under this
subsection.
``(iii) Effect of workers' compensation coverage.--If the
employer of any H-2A worker provides workers' compensation
coverage for such worker in the case of bodily injury or
death as provided by State law, the following adjustments in
the requirements of subparagraph (B)(i)(III) relating to
having an insurance policy or liability bond apply:

``(I) No insurance policy or liability bond shall be
required of the employer, if such workers are transported
only under circumstances for which there is coverage under
such State law.
``(II) An insurance policy or liability bond shall be
required of the employer for circumstances under which
coverage for the transportation of such workers is not
provided under such State law.

``(c) Compliance With Labor Laws.--An employer shall assure
that, except as otherwise provided in this section, the
employer will comply with all applicable Federal, State, and
local labor laws, including laws affecting migrant and
seasonal agricultural workers, with respect to all United
States workers and alien workers employed by the employer,
except that a violation of this assurance shall not
constitute a violation of the Migrant and Seasonal
Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.).
``(d) Copy of Job Offer.--The employer shall provide to the
worker, not later than the day the work commences, a copy of
the employer's application and job offer described in section
218(a), or, if the employer will require the worker to enter
into a separate employment contract covering the employment
in question, such separate employment contract.
``(e) Range Production of Livestock.--Nothing in this
section, section 218, or section 218B shall preclude the
Secretary of Labor and the Secretary from continuing to apply
special procedures and requirements to the admission and
employment of aliens in occupations involving the range
production of livestock.

``SEC. 218B. PROCEDURE FOR ADMISSION AND EXTENSION OF STAY OF
H-2A WORKERS.

``(a) Petitioning for Admission.--An employer, or an
association acting as an agent or joint employer for its
members, that seeks the admission into the United States of
an H-2A worker may file a petition with the Secretary. The
petition shall be accompanied by an accepted and currently
valid certification provided by the Secretary of Labor under
section 218(e)(2)(B) covering the petitioner.
``(b) Expedited Adjudication by the Secretary.--The
Secretary shall establish a procedure for expedited
adjudication of petitions filed under subsection (a) and
within 7 working days shall, by fax, cable, or other means
assuring expedited delivery, transmit a copy of notice of
action on the petition to the petitioner and, in the case of
approved petitions, to the appropriate immigration officer at
the port of entry or United States consulate (as the case may
be) where the petitioner has indicated that the alien
beneficiary (or beneficiaries) will apply for a visa or
admission to the United States.
``(c) Criteria for Admissibility.--
``(1) In general.--An H-2A worker shall be considered
admissible to the United States if the alien is otherwise
admissible under this section, section 218, and section 218A,
and the alien is not ineligible under paragraph (2).
``(2) Disqualification.--An alien shall be considered
inadmissible to the United States and ineligible for
nonimmigrant status under section 101(a)(15)(H)(ii)(a) if the
alien has, at any time during the past 5 years--
``(A) violated a material provision of this section,
including the requirement to promptly depart the United
States when the alien's authorized period of admission under
this section has expired; or
``(B) otherwise violated a term or condition of admission
into the United States as a nonimmigrant, including
overstaying the period of authorized admission as such a
nonimmigrant.
``(3) Waiver of ineligibility for unlawful presence.--
``(A) In general.--An alien who has not previously been
admitted into the United States pursuant to this section, and
who is otherwise eligible for admission in accordance with
paragraphs (1) and (2), shall not be deemed inadmissible by
virtue of section 212(a)(9)(B). If an alien described in the
preceding sentence is present in the United States, the alien
may apply from abroad for H-2A status, but may not be granted
that status in the United States.
``(B) Maintenance of waiver.--An alien provided an initial
waiver of ineligibility pursuant to subparagraph (A) shall
remain eligible for such waiver unless the alien violates the
terms of this section or again becomes ineligible under
section 212(a)(9)(B) by virtue of unlawful presence in the
United States after the date of the initial waiver of
ineligibility pursuant to subparagraph (A).
``(d) Period of Admission.--
``(1) In general.--The alien shall be admitted for the
period of employment in the application certified by the
Secretary of Labor pursuant to section 218(e)(2)(B), not to
exceed 10 months, supplemented by a period of not more than 1
week before the beginning of the period of employment for the
purpose of travel to the work site and a period of 14 days
following the period of employment for the purpose of
departure or extension based on a subsequent offer of
employment, except that--
``(A) the alien is not authorized to be employed during
such 14-day period except in the employment for which the
alien was previously authorized; and
``(B) the total period of employment, including such 14-day
period, may not exceed 10 months.
``(2) Construction.--Nothing in this subsection shall limit
the authority of the Secretary to extend the stay of the
alien under any other provision of this Act.
``(e) Abandonment of Employment.--
``(1) In general.--An alien admitted or provided status
under section 101(a)(15)(H)(ii)(a) who abandons the
employment which was the basis for such admission or status
shall be considered to have failed to maintain nonimmigrant
status as an H-2A worker and shall depart the United States
or be subject to removal under section 237(a)(1)(C)(i).
``(2) Report by employer.--The employer, or association
acting as agent for the employer, shall notify the Secretary
not later than 7 days after an H-2A worker prematurely
abandons employment.
``(3) Removal by the secretary.--The Secretary shall
promptly remove from the United States any H-2A worker who
violates any term or condition of the worker's nonimmigrant
status.
``(4) Voluntary termination.--Notwithstanding paragraph
(1), an alien may voluntarily terminate his or her employment
if the alien promptly departs the United States upon
termination of such employment.
``(f) Replacement of Alien.--
``(1) In general.--Upon presentation of the notice to the
Secretary required by subsection (e)(2), the Secretary of
State shall promptly issue a visa to, and the Secretary shall
admit into the United States, an eligible alien designated by
the employer to replace an H-2A worker--
``(A) who abandons or prematurely terminates employment; or
``(B) whose employment is terminated after a United States
worker is employed pursuant to section 218(b)(2)(H)(iii), if
the United States worker voluntarily departs before the end
of the period of intended employment or if the employment
termination is for a lawful job-related reason.
``(2) Construction.--Nothing in this subsection is intended
to limit any preference required to be accorded United States
workers under any other provision of this Act.
``(g) Identification Document.--
``(1) In general.--Each alien authorized to be admitted
under section 101(a)(15)(H)(ii)(a) shall be provided an
identification and employment eligibility document to verify
eligibility for employment in the United States and verify
such person's proper identity.
``(2) Requirements.--No identification and employment
eligibility document may be issued which does not meet the
following requirements:
``(A) The document shall be capable of reliably determining
whether--
``(i) the individual with the identification and employment
eligibility document whose eligibility is being verified is
in fact eligible for employment;
``(ii) the individual whose eligibility is being verified
is claiming the identity of another person; and
``(iii) the individual whose eligibility is being verified
is authorized to be admitted into, and employed in, the
United States as an H-2A worker.
``(B) The document shall be in a form that is resistant to
counterfeiting and to tampering.
``(C) The document shall--
``(i) be compatible with other databases of the Secretary
for the purpose of excluding aliens from benefits for which
they are not eligible and determining whether the alien is
unlawfully present in the United States; and
``(ii) be compatible with law enforcement databases to
determine if the alien has been convicted of criminal
offenses.
``(h) Extension of Stay of H-2A Aliens in the United
States.--
``(1) Extension of stay.--If an employer seeks approval to
employ an H-2A alien who is lawfully present in the United
States, the petition filed by the employer or an association
pursuant to subsection (a), shall request an extension of the
alien's stay and a change in the alien's employment.
``(2) Limitation on filing a petition for extension of
stay.--A petition may not be filed for an extension of an
alien's stay--

[[Page S9800]]

``(A) for a period of more than 10 months; or
``(B) to a date that is more than 3 years after the date of
the alien's last admission to the United States under this
section.
``(3) Work authorization upon filing a petition for
extension of stay.--
``(A) In general.--An alien who is lawfully present in the
United States may commence the employment described in a
petition under paragraph (1) on the date on which the
petition is filed.
``(B) Definition.--For purposes of subparagraph (A), the
term `file' means sending the petition by certified mail via
the United States Postal Service, return receipt requested,
or delivered by guaranteed commercial delivery which will
provide the employer with a documented acknowledgment of the
date of receipt of the petition.
``(C) Handling of petition.--The employer shall provide a
copy of the employer's petition to the alien, who shall keep
the petition with the alien's identification and employment
eligibility document as evidence that the petition has been
filed and that the alien is authorized to work in the United
States.
``(D) Approval of petition.--Upon approval of a petition
for an extension of stay or change in the alien's authorized
employment, the Secretary shall provide a new or updated
employment eligibility document to the alien indicating the
new validity date, after which the alien is not required to
retain a copy of the petition.
``(4) Limitation on employment authorization of aliens
without valid identification and employment eligibility
document.--An expired identification and employment
eligibility document, together with a copy of a petition for
extension of stay or change in the alien's authorized
employment that complies with the requirements of paragraph
(1), shall constitute a valid work authorization document for
a period of not more than 60 days beginning on the date on
which such petition is filed, after which time only a
currently valid identification and employment eligibility
document shall be acceptable.
``(5) Limitation on an individual's stay in status.--
``(A) Maximum period.--The maximum continuous period of
authorized status as an H-2A worker (including any
extensions) is 3 years.
``(B) Requirement to remain outside the united states.--
``(i) In general.--Subject to clause (ii), in the case of
an alien outside the United States whose period of authorized
status as an H-2A worker (including any extensions) has
expired, the alien may not again apply for admission to the
United States as an H-2A worker unless the alien has remained
outside the United States for a continuous period equal to at
least \1/5\ the duration of the alien's previous period of
authorized status as an H-2A worker (including any
extensions).
``(ii) Exception.--Clause (i) shall not apply in the case
of an alien if the alien's period of authorized status as an
H-2A worker (including any extensions) was for a period of
not more than 10 months and such alien has been outside the
United States for at least 2 months during the 12 months
preceding the date the alien again is applying for admission
to the United States as an H-2A worker.
``(i) Special Rules for Aliens Employed as Sheepherders,
Goat Herders, or Dairy Workers.--Notwithstanding any
provision of the Agricultural Job Opportunities, Benefits,
and Security Act of 2006, an alien admitted under section
101(a)(15)(H)(ii)(a) for employment as a sheepherder, goat
herder, or dairy worker--
``(1) may be admitted for an initial period of 12 months;
``(2) subject to subsection (j)(5), may have such initial
period of admission extended for a period of up to 3 years;
and
``(3) shall not be subject to the requirements of
subsection (h)(5) (relating to periods of absence from the
United States).
``(j) Adjustment to Lawful Permanent Resident Status for
Aliens Employed as Sheepherders, Goat Herders, or Dairy
Workers.--
``(1) Eligible alien.--For purposes of this subsection, the
term `eligible alien' means an alien--
``(A) having nonimmigrant status under section
101(a)(15)(H)(ii)(a) based on employment as a sheepherder,
goat herder, or dairy worker;
``(B) who has maintained such nonimmigrant status in the
United States for a cumulative total of 36 months (excluding
any period of absence from the United States); and
``(C) who is seeking to receive an immigrant visa under
section 203(b)(3)(A)(iii).
``(2) Classification petition.--In the case of an eligible
alien, the petition under section 204 for classification
under section 203(b)(3)(A)(iii) may be filed by--
``(A) the alien's employer on behalf of an eligible alien;
or
``(B) the eligible alien.
``(3) No labor certification required.--Notwithstanding
section 203(b)((3)(C), no determination under section
212(a)(5)(A) is required with respect to an immigrant visa
described in paragraph (1)(C) for an eligible alien.
``(4) Effect of petition.--The filing of a petition
described in paragraph (2) or an application for adjustment
of status based on the approval of such a petition, shall not
constitute evidence of an alien's ineligibility for
nonimmigrant status under section 101(a)(15)(H)(ii)(a).
``(5) Extension of stay.--The Secretary of Homeland
Security shall extend the stay of an eligible alien having a
pending or approved classification petition described in
paragraph (2) in 1-year increments until a final
determination is made on the alien's eligibility for
adjustment of status to that of an alien lawfully admitted
for permanent residence.
``(6) Construction.--Nothing in this subsection shall be
construed to prevent an eligible alien from seeking
adjustment of status in accordance with any other provision
of law.

``SEC. 218C. WORKER PROTECTIONS AND LABOR STANDARDS
ENFORCEMENT.

``(a) Enforcement Authority.--
``(1) Investigation of complaints.--
``(A) Aggrieved person or third-party complaints.--The
Secretary of Labor shall establish a process for the receipt,
investigation, and disposition of complaints respecting a
petitioner's failure to meet a condition specified in section
218(b), or an employer's misrepresentation of material facts
in an application under section 218(a). Complaints may be
filed by any aggrieved person or organization (including
bargaining representatives). No investigation or hearing
shall be conducted on a complaint concerning such a failure
or misrepresentation unless the complaint was filed not later
than 12 months after the date of the failure, or
misrepresentation, respectively. The Secretary of Labor shall
conduct an investigation under this subparagraph if there is
reasonable cause to believe that such a failure or
misrepresentation has occurred.
``(B) Determination on complaint.--Under such process, the
Secretary of Labor shall provide, within 30 days after the
date such a complaint is filed, for a determination as to
whether or not a reasonable basis exists to make a finding
described in subparagraph (C), (D), (E), or (G). If the
Secretary of Labor determines that such a reasonable basis
exists, the Secretary of Labor shall provide for notice of
such determination to the interested parties and an
opportunity for a hearing on the complaint, in accordance
with section 556 of title 5, United States Code, within 60
days after the date of the determination. If such a hearing
is requested, the Secretary of Labor shall make a finding
concerning the matter not later than 60 days after the date
of the hearing. In the case of similar complaints respecting
the same applicant, the Secretary of Labor may consolidate
the hearings under this subparagraph on such complaints.
``(C) Failures to meet conditions.--If the Secretary of
Labor finds, after notice and opportunity for a hearing, a
failure to meet a condition of paragraph (1)(A), (1)(B),
(1)(D), (1)(F), (2)(A), (2)(B), or (2)(G) of section 218(b),
a substantial failure to meet a condition of paragraph
(1)(C), (1)(E), (2)(C), (2)(D), (2)(E), or (2)(H) of section
218(b), or a material misrepresentation of fact in an
application under section 218(a)--
``(i) the Secretary of Labor shall notify the Secretary of
such finding and may, in addition, impose such other
administrative remedies (including civil money penalties in
an amount not to exceed $1,000 per violation) as the
Secretary of Labor determines to be appropriate; and
``(ii) the Secretary may disqualify the employer from the
employment of aliens described in section
101(a)(15)(H)(ii)(a) for a period of 1 year.
``(D) Willful failures and willful misrepresentations.--If
the Secretary of Labor finds, after notice and opportunity
for hearing, a willful failure to meet a condition of section
218(b), a willful misrepresentation of a material fact in an
application under section 218(a), or a violation of
subsection (d)(1)--
``(i) the Secretary of Labor shall notify the Secretary of
such finding and may, in addition, impose such other
administrative remedies (including civil money penalties in
an amount not to exceed $5,000 per violation) as the
Secretary of Labor determines to be appropriate;
``(ii) the Secretary of Labor may seek appropriate legal or
equitable relief to effectuate the purposes of subsection
(d)(1); and
``(iii) the Secretary may disqualify the employer from the
employment of H-2A workers for a period of 2 years.
``(E) Displacement of united states workers.--If the
Secretary of Labor finds, after notice and opportunity for
hearing, a willful failure to meet a condition of section
218(b) or a willful misrepresentation of a material fact in
an application under section 218(a), in the course of which
failure or misrepresentation the employer displaced a United
States worker employed by the employer during the period of
employment on the employer's application under section 218(a)
or during the period of 30 days preceding such period of
employment--
``(i) the Secretary of Labor shall notify the Secretary of
such finding and may, in addition, impose such other
administrative remedies (including civil money penalties in
an amount not to exceed $15,000 per violation) as the
Secretary of Labor determines to be appropriate; and
``(ii) the Secretary may disqualify the employer from the
employment of H-2A workers for a period of 3 years.
``(F) Limitations on civil money penalties.--The Secretary
of Labor shall not impose total civil money penalties with
respect to an application under section 218(a) in excess of
$90,000.

[[Page S9801]]

``(G) Failures to pay wages or required benefits.--If the
Secretary of Labor finds, after notice and opportunity for a
hearing, that the employer has failed to pay the wages, or
provide the housing allowance, transportation, subsistence
reimbursement, or guarantee of employment, required under
section 218A(b), the Secretary of Labor shall assess payment
of back wages, or other required benefits, due any United
States worker or H-2A worker employed by the employer in the
specific employment in question. The back wages or other
required benefits under section 218A(b) shall be equal to the
difference between the amount that should have been paid and
the amount that actually was paid to such worker.
``(2) Statutory construction.--Nothing in this section
shall be construed as limiting the authority of the Secretary
of Labor to conduct any compliance investigation under any
other labor law, including any law affecting migrant and
seasonal agricultural workers, or, in the absence of a
complaint under this section, under section 218 or 218A.
``(b) Rights Enforceable by Private Right of Action.--H-2A
workers may enforce the following rights through the private
right of action provided in subsection (c), and no other
right of action shall exist under Federal or State law to
enforce such rights:
``(1) The providing of housing or a housing allowance as
required under section 218A(b)(1).
``(2) The reimbursement of transportation as required under
section 218A(b)(2).
``(3) The payment of wages required under section
218A(b)(3) when due.
``(4) The benefits and material terms and conditions of
employment expressly provided in the job offer described in
section 218(a)(2), not including the assurance to comply with
other Federal, State, and local labor laws described in
section 218A(c), compliance with which shall be governed by
the provisions of such laws.
``(5) The guarantee of employment required under section
218A(b)(4).
``(6) The motor vehicle safety requirements under section
218A(b)(5).
``(7) The prohibition of discrimination under subsection
(d)(2).
``(c) Private Right of Action.--
``(1) Mediation.--Upon the filing of a complaint by an H-2A
worker aggrieved by a violation of rights enforceable under
subsection (b), and within 60 days of the filing of proof of
service of the complaint, a party to the action may file a
request with the Federal Mediation and Conciliation Service
to assist the parties in reaching a satisfactory resolution
of all issues involving all parties to the dispute. Upon a
filing of such request and giving of notice to the parties,
the parties shall attempt mediation within the period
specified in subparagraph (B).
``(A) Mediation services.--The Federal Mediation and
Conciliation Service shall be available to assist in
resolving disputes arising under subsection (b) between H-2A
workers and agricultural employers without charge to the
parties.
``(B) 90-day limit.--The Federal Mediation and Conciliation
Service may conduct mediation or other non-binding dispute
resolution activities for a period not to exceed 90 days
beginning on the date on which the Federal Mediation and
Conciliation Service receives the request for assistance
unless the parties agree to an extension of this period of
time.
``(C) Authorization.--
``(i) In general.--Subject to clause (ii), there are
authorized to be appropriated to the Federal Mediation and
Conciliation Service $500,000 for each fiscal year to carry
out this section.
``(ii) Mediation.--Notwithstanding any other provision of
law, the Director of the Federal Mediation and Conciliation
Service is authorized to conduct the mediation or other
dispute resolution activities from any other appropriated
funds available to the Director and to reimburse such
appropriated funds when the funds are appropriated pursuant
to this authorization, such reimbursement to be credited to
appropriations currently available at the time of receipt.
``(2) Maintenance of civil action in district court by
aggrieved person.--An H-2A worker aggrieved by a violation of
rights enforceable under subsection (b) by an agricultural
employer or other person may file suit in any district court
of the United States having jurisdiction of the parties,
without regard to the amount in controversy, without regard
to the citizenship of the parties, and without regard to the
exhaustion of any alternative administrative remedies under
this Act, not later than 3 years after the date the violation
occurs.
``(3) Election.--An H-2A worker who has filed an
administrative complaint with the Secretary of Labor may not
maintain a civil action under paragraph (2) unless a
complaint based on the same violation filed with the
Secretary of Labor under subsection (a)(1) is withdrawn
before the filing of such action, in which case the rights
and remedies available under this subsection shall be
exclusive.
``(4) Preemption of state contract rights.--Nothing in this
Act shall be construed to diminish the rights and remedies of
an H-2A worker under any other Federal or State law or
regulation or under any collective bargaining agreement,
except that no court or administrative action shall be
available under any State contract law to enforce the rights
created by this Act.
``(5) Waiver of rights prohibited.--Agreements by employees
purporting to waive or modify their rights under this Act
shall be void as contrary to public policy, except that a
waiver or modification of the rights or obligations in favor
of the Secretary of Labor shall be valid for purposes of the
enforcement of this Act. The preceding sentence may not be
construed to prohibit agreements to settle private disputes
or litigation.
``(6) Award of damages or other equitable relief.--
``(A) If the court finds that the respondent has
intentionally violated any of the rights enforceable under
subsection (b), it shall award actual damages, if any, or
equitable relief.
``(B) Any civil action brought under this section shall be
subject to appeal as provided in chapter 83 of title 28,
United States Code.
``(7) Workers' compensation benefits; exclusive remedy.--
``(A) Notwithstanding any other provision of this section,
where a State's workers' compensation law is applicable and
coverage is provided for an H-2A worker, the workers'
compensation benefits shall be the exclusive remedy for the
loss of such worker under this section in the case of bodily
injury or death in accordance with such State's workers'
compensation law.
``(B) The exclusive remedy prescribed in subparagraph (A)
precludes the recovery under paragraph (6) of actual damages
for loss from an injury or death but does not preclude other
equitable relief, except that such relief shall not include
back or front pay or in any manner, directly or indirectly,
expand or otherwise alter or affect--
``(i) a recovery under a State workers' compensation law;
or
``(ii) rights conferred under a State workers' compensation
law.
``(8) Tolling of statute of limitations.--If it is
determined under a State workers' compensation law that the
workers' compensation law is not applicable to a claim for
bodily injury or death of an H-2A worker, the statute of
limitations for bringing an action for actual damages for
such injury or death under subsection (c) shall be tolled for
the period during which the claim for such injury or death
under such State workers' compensation law was pending. The
statute of limitations for an action for actual damages or
other equitable relief arising out of the same transaction or
occurrence as the injury or death of the H-2A worker shall be
tolled for the period during which the claim for such injury
or death was pending under the State workers' compensation
law.
``(9) Preclusive effect.--Any settlement by an H-2A worker
and an H-2A employer or any person reached through the
mediation process required under subsection (c)(1) shall
preclude any right of action arising out of the same facts
between the parties in any Federal or State court or
administrative proceeding, unless specifically provided
otherwise in the settlement agreement.
``(10) Settlements.--Any settlement by the Secretary of
Labor with an H-2A employer on behalf of an H-2A worker of a
complaint filed with the Secretary of Labor under this
section or any finding by the Secretary of Labor under
subsection (a)(1)(B) shall preclude any right of action
arising out of the same facts between the parties under any
Federal or State court or administrative proceeding, unless
specifically provided otherwise in the settlement agreement.
``(d) Discrimination Prohibited.--
``(1) In general.--It is a violation of this subsection for
any person who has filed an application under section 218(a),
to intimidate, threaten, restrain, coerce, blacklist,
discharge, or in any other manner discriminate against an
employee (which term, for purposes of this subsection,
includes a former employee and an applicant for employment)
because the employee has disclosed information to the
employer, or to any other person, that the employee
reasonably believes evidences a violation of section 218 or
218A or any rule or regulation pertaining to section 218 or
218A, or because the employee cooperates or seeks to
cooperate in an investigation or other proceeding concerning
the employer's compliance with the requirements of section
218 or 218A or any rule or regulation pertaining to either of
such sections.
``(2) Discrimination against h-2a workers.--It is a
violation of this subsection for any person who has filed an
application under section 218(a), to intimidate, threaten,
restrain, coerce, blacklist, discharge, or in any manner
discriminate against an H-2A employee because such worker
has, with just cause, filed a complaint with the Secretary of
Labor regarding a denial of the rights enumerated and
enforceable under subsection (b) or instituted, or caused to
be instituted, a private right of action under subsection (c)
regarding the denial of the rights enumerated under
subsection (b), or has testified or is about to testify in
any court proceeding brought under subsection (c).
``(e) Authorization To Seek Other Appropriate Employment.--
The Secretary of Labor and the Secretary shall establish a
process under which an H-2A worker who files a complaint
regarding a violation of subsection (d) and is otherwise
eligible to remain and work in the United States may be
allowed to seek other appropriate employment in the United
States for a period not to exceed the maximum period of stay
authorized for such nonimmigrant classification.
``(f) Role of Associations.--
``(1) Violation by a member of an association.--An employer
on whose behalf an application is filed by an association
acting as

[[Page S9802]]

its agent is fully responsible for such application, and for
complying with the terms and conditions of sections 218 and
218A, as though the employer had filed the application
itself. If such an employer is determined, under this
section, to have committed a violation, the penalty for such
violation shall apply only to that member of the association
unless the Secretary of Labor determines that the association
or other member participated in, had knowledge, or reason to
know, of the violation, in which case the penalty shall be
invoked against the association or other association member
as well.
``(2) Violations by an association acting as an employer.--
If an association filing an application as a sole or joint
employer is determined to have committed a violation under
this section, the penalty for such violation shall apply only
to the association unless the Secretary of Labor determines
that an association member or members participated in or had
knowledge, or reason to know of the violation, in which case
the penalty shall be invoked against the association member
or members as well.

``SEC. 218D. DEFINITIONS.

``For purposes of this section and section 218, 218A, 218B,
and 218C:
``(1) Agricultural employment.--The term `agricultural
employment' means any service or activity that is considered
to be agricultural under section 3(f) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural
labor under section 3121(g) of the Internal Revenue Code of
1986 (26 U.S.C. 3121(g)). For purposes of this paragraph,
agricultural employment includes employment under section
101(a)(15)(H)(ii)(a).
``(2) Bona fide union.--The term `bona fide union' means
any organization in which employees participate and which
exists for the purpose of dealing with employers concerning
grievances, labor disputes, wages, rates of pay, hours of
employment, or other terms and conditions of work for
agricultural employees. Such term does not include an
organization formed, created, administered, supported,
dominated, financed, or controlled by an employer or employer
association or its agents or representatives.
``(3) Displace.--The term `displace', in the case of an
application with respect to 1 or more H-2A workers by an
employer, means laying off a United States worker from a job
for which the H-2A worker or workers is or are sought.
``(4) Eligible.--The term `eligible', when used with
respect to an individual, means an individual who is not an
unauthorized alien (as defined in section 274A).
``(5) Employer.--The term `employer' means any person or
entity, including any farm labor contractor and any
agricultural association, that employs workers in
agricultural employment.
``(6) H-2a employer.--The term `H-2A employer' means an
employer who seeks to hire 1 or more nonimmigrant aliens
described in section 101(a)(15)(H)(ii)(a).
``(7) H-2a worker.--The term `H-2A worker' means a
nonimmigrant described in section 101(a)(15)(H)(ii)(a).
``(8) Job opportunity.--The term `job opportunity' means a
job opening for temporary full-time employment at a place in
the United States to which United States workers can be
referred.
``(9) Lays off.--
``(A) In general.--The term `lays off', with respect to a
worker--
``(i) means to cause the worker's loss of employment, other
than through a discharge for inadequate performance,
violation of workplace rules, cause, voluntary departure,
voluntary retirement, contract impossibility (as described in
section 218A(b)(4)(D)), or temporary layoffs due to weather,
markets, or other temporary conditions; but
``(ii) does not include any situation in which the worker
is offered, as an alternative to such loss of employment, a
similar employment opportunity with the same employer (or, in
the case of a placement of a worker with another employer
under section 218(b)(2)(E), with either employer described in
such section) at equivalent or higher compensation and
benefits than the position from which the employee was
discharged, regardless of whether or not the employee accepts
the offer.
``(B) Statutory construction.--Nothing in this paragraph is
intended to limit an employee's rights under a collective
bargaining agreement or other employment contract.
``(10) Regulatory drought.--The term `regulatory drought'
means a decision subsequent to the filing of the application
under section 218 by an entity not under the control of the
employer making such filing which restricts the employer's
access to water for irrigation purposes and reduces or limits
the employer's ability to produce an agricultural commodity,
thereby reducing the need for labor.
``(11) Seasonal.--Labor is performed on a `seasonal' basis
if--
``(A) ordinarily, it pertains to or is of the kind
exclusively performed at certain seasons or periods of the
year; and
``(B) from its nature, it may not be continuous or carried
on throughout the year.
``(12) Secretary.--The term `Secretary' means the Secretary
of Homeland Security.
``(13) Temporary.--A worker is employed on a `temporary'
basis where the employment is intended not to exceed 10
months.
``(14) United states worker.--The term `United States
worker' means any worker, whether a United States citizen or
national, a lawfully admitted permanent resident alien, or
any other alien, who is authorized to work in the job
opportunity within the United States, except an alien
admitted or otherwise provided status under section
101(a)(15)(H)(ii)(a).''.
(b) Table of Contents.--The table of contents of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by striking the item relating to section 218 and
inserting the following:

``Sec. 218. H-2A employer applications
``Sec. 218A. H-2A employment requirements
``Sec. 218B. Procedure for admission and extension of stay of H-2A
workers
``Sec. 218C. Worker protections and labor standards enforcement
``Sec. 218D. Definitions''.

Subtitle C--MISCELLANEOUS PROVISIONS

SEC. 231. DETERMINATION AND USE OF USER FEES.

(a) Schedule of Fees.--The Secretary shall establish and
periodically adjust a schedule of fees for the employment of
aliens under this title and the amendments made by this
title, and a collection process for such fees from employers
participating in the program provided under this title. Such
fees shall be the only fees chargeable to employers for
services provided under this title.
(b) Determination of Schedule.--
(1) In general.--The schedule under subsection (a) shall
reflect a fee rate based on the number of job opportunities
indicated in the employer's application under section 218 of
the Immigration and Nationality Act, as amended by section
221 of this Act, and sufficient to provide for the direct
costs of providing services related to an employer's
authorization to employ eligible aliens pursuant to this
title, to include the certification of eligible employers,
the issuance of documentation, and the admission of eligible
aliens.
(2) Procedure.--
(A) In general.--In establishing and adjusting such a
schedule, the Secretary shall comply with Federal cost
accounting and fee setting standards.
(B) Publication and comment.--The Secretary shall publish
in the Federal Register an initial fee schedule and
associated collection process and the cost data or estimates
upon which such fee schedule is based, and any subsequent
amendments thereto, pursuant to which public comment shall be
sought and a final rule issued.
(c) Use of Proceeds.--Notwithstanding any other provision
of law, all proceeds resulting from the payment of the alien
employment user fees shall be available without further
appropriation and shall remain available without fiscal year
limitation to reimburse the Secretary, the Secretary of
State, and the Secretary of Labor for the costs of carrying
out sections 218 and 218B of the Immigration and Nationality
Act, as amended and added, respectively by section 221 of
this Act, and the provisions of this title.

SEC. 232. REGULATIONS.

(a) Regulations of the Secretary.--The Secretary shall
consult with the Secretary of Labor and the Secretary of
Agriculture on all regulations to implement the duties of the
Secretary under this title and the amendments made by this
title.
(b) Regulations of the Secretary of State.--The Secretary
of State shall consult with the Secretary, the Secretary of
Labor, and the Secretary of Agriculture on all regulations to
implement the duties of the Secretary of State under this
title and the amendments made by this title.
(c) Regulations of the Secretary of Labor.--The Secretary
of Labor shall consult with the Secretary of Agriculture and
the Secretary on all regulations to implement the duties of
the Secretary of Labor under this title and the amendments
made by this title.
(d) Deadline for Issuance of Regulations.--All regulations
to implement the duties of the Secretary, the Secretary of
State, and the Secretary of Labor created under sections 218,
218A, 218B, 218C, and 218D of the Immigration and Nationality
Act, as added by section 221 of this Act, shall take effect
on the effective date of section 221 and shall be issued not
later than 1 year after the date of enactment of this Act.

SEC. 233. REPORTS TO CONGRESS.

(a) Annual Report.--Not later than September 30 of each
year, the Secretary shall submit a report to Congress that
identifies, for the previous year--
(1) the number of job opportunities approved for employment
of aliens admitted under section 101(a)(15)(H)(ii)(a) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(a)), and the number of workers actually
admitted, by State and by occupation;
(2) the number of such aliens reported to have abandoned
employment pursuant to subsection 218B(e)(2) of such Act;
(3) the number of such aliens who departed the United
States within the period specified in subsection 218B(d) of
such Act;
(4) the number of aliens who applied for adjustment of
status pursuant to section 211(a);
(5) the number of such aliens whose status was adjusted
under section 211(a);
(6) the number of aliens who applied for permanent
residence pursuant to section 211(c); and
(7) the number of such aliens who were approved for
permanent residence pursuant section 211(c).
(b) Implementation Report.--Not later than 180 days after
the date of the enactment

[[Page S9803]]

of this Act, the Secretary shall prepare and submit to
Congress a report that describes the measures being taken and
the progress made in implementing this title.

SEC. 234. EFFECTIVE DATE.

Except as otherwise provided, sections 221 and 231 shall
take effect 1 year after the date of the enactment of this
Act.
______

SA 5022. Mr. CRAIG (for himself and Mrs. Feinstein) submitted an
amendment intended to be proposed by him to the bill H.R. 6061, to
establish operational control over the international land and maritime
borders of the United States; which was ordered to lie on the table; as
follows:

On page 7, after line 10, insert the following:

TITLE II--AGRICULTURAL JOB OPPORTUNITIES, BENEFITS, AND SECURITY

SEC. 201. SHORT TITLE.

This title may be cited as the ``Agricultural Job
Opportunities, Benefits, and Security Act of 2006'' or the
``AgJOBS Act of 2006''.

SEC. 202. DEFINITIONS.

In this title:
(1) Agricultural employment.--The term ``agricultural
employment'' means any service or activity that is considered
to be agricultural under section 3(f) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural
labor under section 3121(g) of the Internal Revenue Code of
1986 (26 U.S.C. 3121(g)). For purposes of this paragraph,
agricultural employment includes employment under section
101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(H)(ii)(a)).
(2) 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
211(a).
(3) Department.--The term ``Department'' means the
Department of Homeland Security.
(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) Job opportunity.--The term ``job opportunity'' means a
job opening for temporary full-time employment at a place in
the United States to which United States workers can be
referred.
(6) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of Homeland Security.
(7) Temporary.--A worker is employed on a ``temporary''
basis where the employment is intended not to exceed 10
months.
(8) United states worker.--The term ``United States
worker'' means any worker, whether a United States citizen or
national, a lawfully admitted permanent resident alien, or
any other alien, who is authorized to work in the job
opportunity within the United States, except an alien
admitted or otherwise provided status under section
101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(H)(ii)(a)).
(9) Work day.--The term ``work day'' means any day in which
the individual is employed 5.75 or more hours in agricultural
employment.

Subtitle A--Pilot Program for Earned Status Adjustment of Agricultural
Workers

SEC. 211. AGRICULTURAL WORKERS.

(a) Blue Card Program.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary shall confer blue card status upon an
alien who qualifies under this subsection if the Secretary
determines that the alien--
(A) has performed agricultural employment in the United
States for at least 863 hours or 150 work days during the 24-
month period ending on December 31, 2005;
(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;
(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 (e)(2);
and
(D) has not been convicted of any felony or a misdemeanor,
an element of which involves bodily injury, threat of serious
bodily injury, or harm to property in excess of $500.
(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.
(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.
(4) Termination of blue card status.--
(A) In general.--The Secretary may terminate blue card
status granted under this subsection only upon a
determination under this title that the alien is deportable.
(B) Grounds for termination of blue card status.--Before
any alien becomes eligible for adjustment of status under
subsection (c), 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--
(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
(ii) the alien--

(I) commits an act that makes the alien inadmissible to the
United States as an immigrant, except as provided under
subsection (e)(2);
(II) is convicted of a felony or 3 or more misdemeanors
committed in the United States;
(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; or
(IV) fails to perform the agricultural employment required
under subsection (c)(1)(A)(i) unless the alien was unable to
work in agricultural employment due to the extraordinary
circumstances described in subsection (c)(1)(A)(iii).

(5) Record of employment.--
(A) In general.--Each employer of a worker granted status
under this subsection shall annually--
(i) provide a written record of employment to the alien;
and
(ii) provide a copy of such record to the Secretary.
(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.
(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--
(A) an encrypted, machine-readable, electronic
identification strip that is unique to the alien to whom the
card is issued;
(B) biometric identifiers, including fingerprints and a
digital photograph; and
(C) physical security features designed to prevent
tampering, counterfeiting, or duplication of the card for
fraudulent purposes.
(7) Fine.--An alien granted blue card status shall pay a
fine to the Secretary in an amount equal to $100.
(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.
(b) Rights of Aliens Granted Blue Card Status.--
(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.).
(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 alien is granted permanent resident status under
subsection (c).
(3) Terms of employment respecting aliens admitted under
this section.--
(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.
(B) Treatment of complaints.--
(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.
(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.
(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
reinstatement, back pay, or front pay to the affected
employee. Within 30 days from the conclusion of the
arbitration proceeding, the arbitrator shall

[[Page S9804]]

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.
(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 (c)(1).
(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.
(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.
(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).
(C) Civil penalties.--
(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 (a)(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.
(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.
(c) Adjustment to Permanent Residence.--
(1) Agricultural workers.--
(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:
(i) Qualifying employment.--

(I) In general.--Subject to subclause (II), the alien has
performed at least--

(aa) 5 years of agricultural employment in the United
States for at least 100 work days per year, during the 5-year
period beginning on the date of the enactment of this Act; or
(bb) 3 years of agricultural employment in the United
States for at least 150 work days per year, during the 3-year
period beginning on the date of the enactment of this Act.

(II) 4-year period of employment.--An alien shall be
considered to meet the requirements of subclause (I) if the
alien has performed 4 years of agricultural employment in the
United States for at least 150 work days during 3 years of
those 4 years and at least 100 work days during the remaining
year, during the 4-year period beginning on the date of the
enactment of this Act.

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

(I) the record of employment described in subsection
(a)(5); or
(II) such documentation as may be submitted under
subsection (d)(3).

(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--

(I) pregnancy, injury, or disease, if the alien can
establish such pregnancy, disabling injury, or disease
through medical records;
(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
(III) severe weather conditions that prevented the alien
from engaging in agricultural employment for a significant
period of time.

(iv) Application period.--The alien applies for adjustment
of status not later than 7 years after the date of the
enactment of this Act.
(v) Fine.--The alien pays a fine to the Secretary in an
amount equal to $400.
(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--
(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
(ii) the alien--

(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 (e)(2);
(II) is convicted of a felony or 3 or more misdemeanors
committed in the United States; or
(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.

(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).
(D) Payment of taxes.--
(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 any applicable Federal tax
liability by establishing that--

(I) no such tax liability exists;
(II) all outstanding liabilities have been paid; or
(III) the alien has entered into an agreement for payment
of all outstanding liabilities with the Internal Revenue
Service.

(ii) Applicable federal tax liability.--For purposes of
clause (i), the term ``applicable Federal tax liability''
means liability for Federal taxes, including penalties and
interest, owed for any year during the period of employment
required under paragraph (1)(A) for which the statutory
period for assessment of any deficiency for such taxes has
not expired.
(iii) IRS cooperation.--The Secretary of the Treasury shall
establish rules and procedures under which the Commissioner
of Internal Revenue shall provide documentation to an alien
upon request to establish the payment of all taxes required
by this subparagraph.
(2) Spouses and minor children.--
(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.
(B) Treatment of spouses and minor children before
adjustment of status.--
(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).
(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.
(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.
(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--
(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
(e)(2);
(ii) is convicted of a felony or 3 or more misdemeanors
committed in the United States; or
(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.
(d) Applications.--
(1) To whom may be made.--The Secretary shall provide
that--
(A) applications for blue card status may be filed--
(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
(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
(B) applications for adjustment of status under subsection
(c) shall be filed directly with the Secretary.
(2) Designation of entities to receive applications.--
(A) In general.--For purposes of receiving applications
under subsection (a), the Secretary--
(i) shall designate qualified farm labor organizations and
associations of employers; and
(ii) may designate such other persons as the Secretary
determines are qualified and have substantial experience,
demonstrate competence, and have traditional long-term

[[Page S9805]]

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.
(B) References.--Organizations, associations, and persons
designated under subparagraph (A) are referred to in this
title as ``qualified designated entities''.
(3) Proof of eligibility.--
(A) In general.--An alien may establish that the alien
meets the requirement of subsection (a)(1)(A) or (c)(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.
(B) Documentation of work history.--
(i) Burden of proof.--An alien applying for status under
subsection (a)(1) or (c)(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 (a)(1)(A) or (c)(1)(A)).
(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.
(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 (a)(1)(A) or
(c)(1)(A) by producing sufficient evidence to show the extent
of that employment as a matter of just and reasonable
inference.
(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)(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.
(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).
(6) Confidentiality of information.--
(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--
(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);
(ii) make any publication whereby the information furnished
by any particular individual can be identified; or
(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.
(B) Required disclosures.--The Secretary shall provide the
information furnished under this section, or any other
information derived from such furnished information, to--
(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
(ii) an official coroner, for purposes of affirmatively
identifying a deceased individual, whether or not the death
of such individual resulted from a crime.
(C) Construction.--
(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.
(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.
(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.
(7) Penalties for false statements in applications.--
(A) Criminal penalty.--Any person who--
(i) files an application for status under subsection (a) or
(c) 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
(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.
(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)).
(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.
(9) Application fees.--
(A) Fee schedule.--The Secretary shall provide for a
schedule of fees that--
(i) shall be charged for the filing of applications for
status under subsections (a) and (c); and
(ii) may be charged by qualified designated entities to
help defray the costs of services provided to such
applicants.
(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.
(C) Disposition of fees.--
(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).
(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 (a) and (c).
(e) Waiver of Numerical Limitations and Certain Grounds for
Inadmissibility.--
(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.
(2) Waiver of certain grounds of inadmissibility.--In the
determination of an alien's eligibility for status under
subsection (a)(1)(C) or an alien's eligibility for adjustment
of status under subsection (c)(1)(B)(ii)(I), the following
rules shall apply:
(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.
(B) Waiver of other grounds.--
(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.
(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).
(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).
(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.
(f) Temporary Stay of Removal and Work Authorization for
Certain Applicants.--
(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 (a)(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--
(A) may not be removed; and
(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.
(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 (a)(1)(B),

[[Page S9806]]

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--
(A) may not be removed; and
(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.
(g) Administrative and Judicial Review.--
(1) In general.--There shall be no administrative or
judicial review of a determination respecting an application
for status under subsection (a) or (c) except in accordance
with this subsection.
(2) Administrative review.--
(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.
(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.
(3) Judicial review.--
(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).
(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.
(h) Dissemination of Information on Adjustment Program.--
Beginning not later than the first day of the application
period described in subsection (a)(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.
(i) 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.
(j) Effective Date.--This section shall take effect on the
date that regulations are issued implementing this section on
an interim or other basis.
(k) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary such sums as may be
necessary to implement this section, including any sums
needed for costs associated with the initiation of such
implementation, for fiscal years 2007 and 2008.

SEC. 212. CORRECTION OF SOCIAL SECURITY RECORDS.

(a) In General.--Section 208(e)(1) of the Social Security
Act (42 U.S.C. 408(e)(1)) is amended--
(1) in subparagraph (B)(ii), by striking ``or'' at the end;
(2) in subparagraph (C), by inserting ``or'' at the end;
(3) by inserting after subparagraph (C) the following:
``(D) who is granted blue card status under the
Agricultural Job Opportunity, Benefits, and Security Act of
2006,''; and
(4) by striking ``1990.'' and inserting ``1990, or in the
case of an alien described in subparagraph (D), if such
conduct is alleged to have occurred before the date on which
the alien was granted blue card status.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the first day of the seventh month that
begins after the date of the enactment of this Act.

Subtitle B--Reform of H-2A Worker Program

SEC. 221. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT.

(a) In General.--Title II of the Immigration and
Nationality Act (8 U.S.C. 1151 et seq.) is amended by
striking section 218 and inserting the following:

``SEC. 218. H-2A EMPLOYER APPLICATIONS.

``(a) Applications to the Secretary of Labor.--
``(1) In general.--No alien may be admitted to the United
States as an H-2A worker, or otherwise provided status as an
H-2A worker, unless the employer has filed with the Secretary
of Labor an application containing--
``(A) the assurances described in subsection (b);
``(B) a description of the nature and location of the work
to be performed;
``(C) the anticipated period (expected beginning and ending
dates) for which the workers will be needed; and
``(D) the number of job opportunities in which the employer
seeks to employ the workers.
``(2) Accompanied by job offer.--Each application filed
under paragraph (1) shall be accompanied by a copy of the job
offer describing the wages and other terms and conditions of
employment and the bona fide occupational qualifications that
shall be possessed by a worker to be employed in the job
opportunity in question.
``(b) Assurances for Inclusion in Applications.--The
assurances referred to in subsection (a)(1) are the
following:
``(1) Job opportunities covered by collective bargaining
agreements.--With respect to a job opportunity that is
covered under a collective bargaining agreement:
``(A) Union contract described.--The job opportunity is
covered by a union contract which was negotiated at arm's
length between a bona fide union and the employer.
``(B) Strike or lockout.--The specific job opportunity for
which the employer is requesting an H-2A worker is not vacant
because the former occupant is on strike or being locked out
in the course of a labor dispute.
``(C) Notification of bargaining representatives.--The
employer, at the time of filing the application, has provided
notice of the filing under this paragraph to the bargaining
representative of the employer's employees in the
occupational classification at the place or places of
employment for which aliens are sought.
``(D) Temporary or seasonal job opportunities.--The job
opportunity is temporary or seasonal.
``(E) Offers to united states workers.--The employer has
offered or will offer the job to any eligible United States
worker who applies and is equally or better qualified for the
job for which the nonimmigrant is, or the nonimmigrants are,
sought and who will be available at the time and place of
need.
``(F) Provision of insurance.--If the job opportunity is
not covered by the State workers' compensation law, the
employer will provide, at no cost to the worker, insurance
covering injury and disease arising out of, and in the course
of, the worker's employment which will provide benefits at
least equal to those provided under the State's workers'
compensation law for comparable employment.
``(2) Job opportunities not covered by collective
bargaining agreements.--With respect to a job opportunity
that is not covered under a collective bargaining agreement:
``(A) Strike or lockout.--The specific job opportunity for
which the employer is requesting an H-2A worker is not vacant
because the former occupant is on strike or being locked out
in the course of a labor dispute.
``(B) Temporary or seasonal job opportunities.--The job
opportunity is temporary or seasonal.
``(C) Benefit, wage, and working conditions.--The employer
will provide, at a minimum, the benefits, wages, and working
conditions required by section 218A to all workers employed
in the job opportunities for which the employer has applied
under subsection (a) and to all other workers in the same
occupation at the place of employment.
``(D) Nondisplacement of united states workers.--The
employer did not displace and will not displace a United
States worker employed by the employer during the period of
employment and for a period of 30 days preceding the period
of employment in the occupation at the place of employment
for which the employer seeks approval to employ H-2A workers.
``(E) Requirements for placement of nonimmigrant with other
employers.--The employer will not place the nonimmigrant with
another employer unless--
``(i) the nonimmigrant performs duties in whole or in part
at 1 or more work sites owned, operated, or controlled by
such other employer;
``(ii) there are indicia of an employment relationship
between the nonimmigrant and such other employer; and
``(iii) the employer has inquired of the other employer as
to whether, and has no actual knowledge or notice that,
during the period of employment and for a period of 30 days
preceding the period of employment, the other employer has
displaced or intends to displace a United States worker
employed by the other employer in the occupation at the place
of employment for which the employer seeks approval to employ
H-2A workers.
``(F) Statement of liability.--The application form shall
include a clear statement explaining the liability under
subparagraph (E) of an employer if the other employer
described in such subparagraph displaces a United States
worker as described in such subparagraph.
``(G) Provision of insurance.--If the job opportunity is
not covered by the State workers' compensation law, the
employer will provide, at no cost to the worker, insurance
covering injury and disease arising out of and in the course
of the worker's employment which will provide benefits at
least equal to those provided under the State's workers'
compensation law for comparable employment.
``(H) Employment of united states workers.--
``(i) Recruitment.--The employer has taken or will take the
following steps to recruit United States workers for the job
opportunities for which the H-2A nonimmigrant is, or H-2A
nonimmigrants are, sought:

``(I) Contacting former workers.--The employer shall make
reasonable efforts through the sending of a letter by United
States Postal Service mail, or otherwise, to contact any
United States worker the employer employed during the
previous season in the occupation at the place of intended

[[Page S9807]]

employment for which the employer is applying for workers and
has made the availability of the employer's job opportunities
in the occupation at the place of intended employment known
to such previous workers, unless the worker was terminated
from employment by the employer for a lawful job-related
reason or abandoned the job before the worker completed the
period of employment of the job opportunity for which the
worker was hired.
``(II) Filing a job offer with the local office of the
state employment security agency.--Not later than 28 days
before the date on which the employer desires to employ an H-
2A worker in a temporary or seasonal agricultural job
opportunity, the employer shall submit a copy of the job
offer described in subsection (a)(2) to the local office of
the State employment security agency which serves the area of
intended employment and authorize the posting of the job
opportunity on `America's Job Bank' or other electronic job
registry, except that nothing in this subclause shall require
the employer to file an interstate job order under section
653 of title 20, Code of Federal Regulations.
``(III) Advertising of job opportunities.--Not later than
14 days before the date on which the employer desires to
employ an H-2A worker in a temporary or seasonal agricultural
job opportunity, the employer shall advertise the
availability of the job opportunities for which the employer
is seeking workers in a publication in the local labor market
that is likely to be patronized by potential farm workers.
``(IV) Emergency procedures.--The Secretary of Labor shall,
by regulation, provide a procedure for acceptance and
approval of applications in which the employer has not
complied with the provisions of this subparagraph because the
employer's need for H-2A workers could not reasonably have
been foreseen.

``(ii) Job offers.--The employer has offered or will offer
the job to any eligible United States worker who applies and
is equally or better qualified for the job for which the
nonimmigrant is, or nonimmigrants are, sought and who will be
available at the time and place of need.
``(iii) Period of employment.--The employer will provide
employment to any qualified United States worker who applies
to the employer during the period beginning on the date on
which the foreign worker departs for the employer's place of
employment and ending on the date on which 50 percent of the
period of employment for which the foreign worker who is in
the job was hired has elapsed, subject to the following
requirements:

``(I) Prohibition.--No person or entity shall willfully and
knowingly withhold United States workers before the arrival
of H-2A workers in order to force the hiring of United States
workers under this clause.
``(II) Complaints.--Upon receipt of a complaint by an
employer that a violation of subclause (I) has occurred, the
Secretary of Labor shall immediately investigate. The
Secretary of Labor shall, within 36 hours of the receipt of
the complaint, issue findings concerning the alleged
violation. If the Secretary of Labor finds that a violation
has occurred, the Secretary of Labor shall immediately
suspend the application of this clause with respect to that
certification for that date of need.
``(III) Placement of united states workers.--Before
referring a United States worker to an employer during the
period described in the matter preceding subclause (I), the
Secretary of Labor shall make all reasonable efforts to place
the United States worker in an open job acceptable to the
worker, if there are other job offers pending with the job
service that offer similar job opportunities in the area of
intended employment.

``(iv) Statutory construction.--Nothing in this
subparagraph shall be construed to prohibit an employer from
using such legitimate selection criteria relevant to the type
of job that are normal or customary to the type of job
involved so long as such criteria are not applied in a
discriminatory manner.
``(c) Applications by Associations on Behalf of Employer
Members.--
``(1) In general.--An agricultural association may file an
application under subsection (a) on behalf of 1 or more of
its employer members that the association certifies in its
application has or have agreed in writing to comply with the
requirements of this section and sections 218A and 218B.
``(2) Treatment of associations acting as employers.--If an
association filing an application under paragraph (1) is a
joint or sole employer of the temporary or seasonal
agricultural workers requested on the application, the
certifications granted under subsection (e)(2)(B) to the
association may be used for the certified job opportunities
of any of its producer members named on the application, and
such workers may be transferred among such producer members
to perform the agricultural services of a temporary or
seasonal nature for which the certifications were granted.
``(d) Withdrawal of Applications.--
``(1) In general.--An employer may withdraw an application
filed pursuant to subsection (a), except that if the employer
is an agricultural association, the association may withdraw
an application filed pursuant to subsection (a) with respect
to 1 or more of its members. To withdraw an application, the
employer or association shall notify the Secretary of Labor
in writing, and the Secretary of Labor shall acknowledge in
writing the receipt of such withdrawal notice. An employer
who withdraws an application under subsection (a), or on
whose behalf an application is withdrawn, is relieved of the
obligations undertaken in the application.
``(2) Limitation.--An application may not be withdrawn
while any alien provided status under section
101(a)(15)(H)(ii)(a) pursuant to such application is employed
by the employer.
``(3) Obligations under other statutes.--Any obligation
incurred by an employer under any other law or regulation as
a result of the recruitment of United States workers or H-2A
workers under an offer of terms and conditions of employment
required as a result of making an application under
subsection (a) is unaffected by withdrawal of such
application.
``(e) Review and Approval of Applications.--
``(1) Responsibility of employers.--The employer shall make
available for public examination, within 1 working day after
the date on which an application under subsection (a) is
filed, at the employer's principal place of business or work
site, a copy of each such application (and such accompanying
documents as are necessary).
``(2) Responsibility of the secretary of labor.--
``(A) Compilation of list.--The Secretary of Labor shall
compile, on a current basis, a list (by employer and by
occupational classification) of the applications filed under
this subsection. Such list shall include the wage rate,
number of workers sought, period of intended employment, and
date of need. The Secretary of Labor shall make such list
available for examination in the District of Columbia.
``(B) Review of applications.--The Secretary of Labor shall
review such an application only for completeness and obvious
inaccuracies. Unless the Secretary of Labor finds that the
application is incomplete or obviously inaccurate, the
Secretary of Labor shall certify that the intending employer
has filed with the Secretary of Labor an application as
described in subsection (a). Such certification shall be
provided within 7 days of the filing of the application

``SEC. 218A. H-2A EMPLOYMENT REQUIREMENTS.

``(a) Preferential Treatment of Aliens Prohibited.--
Employers seeking to hire United States workers shall offer
the United States workers no less than the same benefits,
wages, and working conditions that the employer is offering,
intends to offer, or will provide to H-2A workers.
Conversely, no job offer may impose on United States workers
any restrictions or obligations which will not be imposed on
the employer's H-2A workers.
``(b) Minimum Benefits, Wages, and Working Conditions.--
Except in cases where higher benefits, wages, or working
conditions are required by the provisions of subsection (a),
in order to protect similarly employed United States workers
from adverse effects with respect to benefits, wages, and
working conditions, every job offer which shall accompany an
application under section 218(b)(2) shall include each of the
following benefit, wage, and working condition provisions:
``(1) Requirement to provide housing or a housing
allowance.--
``(A) In general.--An employer applying under section
218(a) for H-2A workers shall offer to provide housing at no
cost to all workers in job opportunities for which the
employer has applied under that section and to all other
workers in the same occupation at the place of employment,
whose place of residence is beyond normal commuting distance.
``(B) Type of housing.--In complying with subparagraph (A),
an employer may, at the employer's election, provide housing
that meets applicable Federal standards for temporary labor
camps or secure housing that meets applicable local standards
for rental or public accommodation housing or other
substantially similar class of habitation, or in the absence
of applicable local standards, State standards for rental or
public accommodation housing or other substantially similar
class of habitation. In the absence of applicable local or
State standards, Federal temporary labor camp standards shall
apply.
``(C) Family housing.--If it is the prevailing practice in
the occupation and area of intended employment to provide
family housing, family housing shall be provided to workers
with families who request it.
``(D) Workers engaged in the range production of
livestock.--The Secretary of Labor shall issue regulations
that address the specific requirements for the provision of
housing to workers engaged in the range production of
livestock.
``(E) Limitation.--Nothing in this paragraph shall be
construed to require an employer to provide or secure housing
for persons who were not entitled to such housing under the
temporary labor certification regulations in effect on June
1, 1986.
``(F) Charges for housing.--
``(i) Charges for public housing.--If public housing
provided for migrant agricultural workers under the auspices
of a local, county, or State government is secured by an
employer, and use of the public housing unit normally
requires charges from migrant workers, such charges shall be
paid by the employer directly to the appropriate individual
or entity affiliated with the housing's management.
``(ii) Deposit charges.--Charges in the form of deposits
for bedding or other similar

[[Page S9808]]

incidentals related to housing shall not be levied upon
workers by employers who provide housing for their workers.
An employer may require a worker found to have been
responsible for damage to such housing which is not the
result of normal wear and tear related to habitation to
reimburse the employer for the reasonable cost of repair of
such damage.
``(G) Housing allowance as alternative.--
``(i) In general.--If the requirement under clause (ii) is
satisfied, the employer may provide a reasonable housing
allowance instead of offering housing under subparagraph (A).
Upon the request of a worker seeking assistance in locating
housing, the employer shall make a good faith effort to
assist the worker in identifying and locating housing in the
area of intended employment. An employer who offers a housing
allowance to a worker, or assists a worker in locating
housing which the worker occupies, pursuant to this clause
shall not be deemed a housing provider under section 203 of
the Migrant and Seasonal Agricultural Worker Protection Act
(29 U.S.C. 1823) solely by virtue of providing such housing
allowance. No housing allowance may be used for housing which
is owned or controlled by the employer.
``(ii) Certification.--The requirement of this clause is
satisfied if the Governor of the State certifies to the
Secretary of Labor that there is adequate housing available
in the area of intended employment for migrant farm workers,
and H-2A workers, who are seeking temporary housing while
employed at farm work. Such certification shall expire after
3 years unless renewed by the Governor of the State.
``(iii) Amount of allowance.--

``(I) Nonmetropolitan counties.--If the place of employment
of the workers provided an allowance under this subparagraph
is a nonmetropolitan county, the amount of the housing
allowance under this subparagraph shall be equal to the
statewide average fair market rental for existing housing for
nonmetropolitan counties for the State, as established by the
Secretary of Housing and Urban Development pursuant to
section 8(c) of the United States Housing Act of 1937 (42
U.S.C. 1437f(c)), based on a 2 bedroom dwelling unit and an
assumption of 2 persons per bedroom.
``(II) Metropolitan counties.--If the place of employment
of the workers provided an allowance under this paragraph is
in a metropolitan county, the amount of the housing allowance
under this subparagraph shall be equal to the statewide
average fair market rental for existing housing for
metropolitan counties for the State, as established by the
Secretary of Housing and Urban Development pursuant to
section 8(c) of the United States Housing Act of 1937 (42
U.S.C. 1437f(c)), based on a 2-bedroom dwelling unit and an
assumption of 2 persons per bedroom.

``(2) Reimbursement of transportation.--
``(A) To place of employment.--A worker who completes 50
percent of the period of employment of the job opportunity
for which the worker was hired shall be reimbursed by the
employer for the cost of the worker's transportation and
subsistence from the place from which the worker came to work
for the employer (or place of last employment, if the worker
traveled from such place) to the place of employment.
``(B) From place of employment.--A worker who completes the
period of employment for the job opportunity involved shall
be reimbursed by the employer for the cost of the worker's
transportation and subsistence from the place of employment
to the place from which the worker, disregarding intervening
employment, came to work for the employer, or to the place of
next employment, if the worker has contracted with a
subsequent employer who has not agreed to provide or pay for
the worker's transportation and subsistence to such
subsequent employer's place of employment.
``(C) Limitation.--
``(i) Amount of reimbursement.--Except as provided in
clause (ii), the amount of reimbursement provided under
subparagraph (A) or (B) to a worker or alien shall not exceed
the lesser of--

``(I) the actual cost to the worker or alien of the
transportation and subsistence involved; or
``(II) the most economical and reasonable common carrier
transportation charges and subsistence costs for the distance
involved.

``(ii) Distance traveled.--No reimbursement under
subparagraph (A) or (B) shall be required if the distance
traveled is 100 miles or less, or the worker is not residing
in employer-provided housing or housing secured through an
allowance as provided in paragraph (1)(G).
``(D) Early termination.--If the worker is laid off or
employment is terminated for contract impossibility (as
described in paragraph (4)(D)) before the anticipated ending
date of employment, the employer shall provide the
transportation and subsistence required by subparagraph (B)
and, notwithstanding whether the worker has completed 50
percent of the period of employment, shall provide the
transportation reimbursement required by subparagraph (A).
``(E) Transportation between living quarters and work
site.--The employer shall provide transportation between the
worker's living quarters and the employer's work site without
cost to the worker, and such transportation will be in
accordance with applicable laws and regulations.
``(3) Required wages.--
``(A) In general.--An employer applying for workers under
section 218(a) shall offer to pay, and shall pay, all workers
in the occupation for which the employer has applied for
workers, not less (and is not required to pay more) than the
greater of the prevailing wage in the occupation in the area
of intended employment or the adverse effect wage rate. No
worker shall be paid less than the greater of the hourly wage
prescribed under section 6(a)(1) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 206(a)(1)) or the applicable State
minimum wage.
``(B) Limitation.--Effective on the date of the enactment
of the Agricultural Job Opportunities, Benefits, and Security
Act of 2006 and continuing for 3 years thereafter, no adverse
effect wage rate for a State may be more than the adverse
effect wage rate for that State in effect on January 1, 2003,
as established by section 655.107 of title 20, Code of
Federal Regulations.
``(C) Required wages after 3-year freeze.--
``(i) First adjustment.--If Congress does not set a new
wage standard applicable to this section before the first
March 1 that is not less than 3 years after the date of
enactment of this section, the adverse effect wage rate for
each State beginning on such March 1 shall be the wage rate
that would have resulted if the adverse effect wage rate in
effect on January 1, 2003, had been annually adjusted,
beginning on March 1, 2006, by the lesser of--

``(I) the 12 month percentage change in the Consumer Price
Index for All Urban Consumers between December of the second
preceding year and December of the preceding year; and
``(II) 4 percent.

``(ii) Subsequent annual adjustments.--Beginning on the
first March 1 that is not less than 4 years after the date of
enactment of this section, and each March 1 thereafter, the
adverse effect wage rate then in effect for each State shall
be adjusted by the lesser of--

``(I) the 12 month percentage change in the Consumer Price
Index for All Urban Consumers between December of the second
preceding year and December of the preceding year; and
``(II) 4 percent.

``(D) Deductions.--The employer shall make only those
deductions from the worker's wages that are authorized by law
or are reasonable and customary in the occupation and area of
employment. The job offer shall specify all deductions not
required by law which the employer will make from the
worker's wages.
``(E) Frequency of pay.--The employer shall pay the worker
not less frequently than twice monthly, or in accordance with
the prevailing practice in the area of employment, whichever
is more frequent.
``(F) Hours and earnings statements.--The employer shall
furnish to the worker, on or before each payday, in 1 or more
written statements--
``(i) the worker's total earnings for the pay period;
``(ii) the worker's hourly rate of pay, piece rate of pay,
or both;
``(iii) the hours of employment which have been offered to
the worker (broken out by hours offered in accordance with
and over and above the three-quarters guarantee described in
paragraph (4);
``(iv) the hours actually worked by the worker;
``(v) an itemization of the deductions made from the
worker's wages; and
``(vi) if piece rates of pay are used, the units produced
daily.
``(G) Report on wage protections.--Not later than December
31, 2008, the Comptroller General of the United States shall
prepare and transmit to the Secretary of Labor, the Committee
on the Judiciary of the Senate, and Committee on the
Judiciary of the House of Representatives, a report that
addresses--
``(i) whether the employment of H-2A or unauthorized aliens
in the United States agricultural work force has depressed
United States farm worker wages below the levels that would
otherwise have prevailed if alien farm workers had not been
employed in the United States;
``(ii) whether an adverse effect wage rate is necessary to
prevent wages of United States farm workers in occupations in
which H-2A workers are employed from falling below the wage
levels that would have prevailed in the absence of the
employment of H-2A workers in those occupations;
``(iii) whether alternative wage standards, such as a
prevailing wage standard, would be sufficient to prevent
wages in occupations in which H-2A workers are employed from
falling below the wage level that would have prevailed in the
absence of H-2A employment;
``(iv) whether any changes are warranted in the current
methodologies for calculating the adverse effect wage rate
and the prevailing wage; and
``(v) recommendations for future wage protection under this
section.
``(H) Commission on wage standards.--
``(i) Establishment.--There is established the Commission
on Agricultural Wage Standards under the H-2A program (in
this subparagraph referred to as the `Commission').
``(ii) Composition.--The Commission shall consist of 10
members as follows:

``(I) 4 representatives of agricultural employers and 1
representative of the Department of Agriculture, each
appointed by the Secretary of Agriculture.

[[Page S9809]]

``(II) 4 representatives of agricultural workers and 1
representative of the Department of Labor, each appointed by
the Secretary of Labor.

``(iii) Functions.--The Commission shall conduct a study
that shall address--

``(I) whether the employment of H-2A or unauthorized aliens
in the United States agricultural workforce has depressed
United States farm worker wages below the levels that would
otherwise have prevailed if alien farm workers had not been
employed in the United States;
``(II) whether an adverse effect wage rate is necessary to
prevent wages of United States farm workers in occupations in
which H-2A workers are employed from falling below the wage
levels that would have prevailed in the absence of the
employment of H-2A workers in those occupations;
``(III) whether alternative wage standards, such as a
prevailing wage standard, would be sufficient to prevent
wages in occupations in which H-2A workers are employed from
falling below the wage level that would have prevailed in the
absence of H-2A employment;
``(IV) whether any changes are warranted in the current
methodologies for calculating the adverse effect wage rate
and the prevailing wage rate; and
``(V) recommendations for future wage protection under this
section.

``(iv) Final report.--Not later than December 31, 2008, the
Commission shall submit a report to the Congress setting
forth the findings of the study conducted under clause (iii).
``(v) Termination date.--The Commission shall terminate
upon submitting its final report.
``(4) Guarantee of employment.--
``(A) Offer to worker.--The employer shall guarantee to
offer the worker employment for the hourly equivalent of at
least three-fourths of the work days of the total period of
employment, beginning with the first work day after the
arrival of the worker at the place of employment and ending
on the expiration date specified in the job offer. For
purposes of this subparagraph, the hourly equivalent means
the number of hours in the work days as stated in the job
offer and shall exclude the worker's Sabbath and Federal
holidays. If the employer affords the United States or H-2A
worker less employment than that required under this
paragraph, the employer shall pay such worker the amount
which the worker would have earned had the worker, in fact,
worked for the guaranteed number of hours.
``(B) Failure to work.--Any hours which the worker fails to
work, up to a maximum of the number of hours specified in the
job offer for a work day, when the worker has been offered an
opportunity to do so, and all hours of work actually
performed (including voluntary work in excess of the number
of hours specified in the job offer in a work day, on the
worker's Sabbath, or on Federal holidays) may be counted by
the employer in calculating whether the period of guaranteed
employment has been met.
``(C) Abandonment of employment, termination for cause.--If
the worker voluntarily abandons employment before the end of
the contract period, or is terminated for cause, the worker
is not entitled to the `three-fourths guarantee' described in
subparagraph (A).
``(D) Contract impossibility.--If, before the expiration of
the period of employment specified in the job offer, the
services of the worker are no longer required for reasons
beyond the control of the employer due to any form of natural
disaster, including a flood, hurricane, freeze, earthquake,
fire, drought, plant or animal disease or pest infestation,
or regulatory drought, before the guarantee in subparagraph
(A) is fulfilled, the employer may terminate the worker's
employment. In the event of such termination, the employer
shall fulfill the employment guarantee in subparagraph (A)
for the work days that have elapsed from the first work day
after the arrival of the worker to the termination of
employment. In such cases, the employer will make efforts to
transfer the United States worker to other comparable
employment acceptable to the worker. If such transfer is not
effected, the employer shall provide the return
transportation required in paragraph (2)(D).
``(5) Motor vehicle safety.--
``(A) Mode of transportation subject to coverage.--
``(i) In general.--Except as provided in clauses (iii) and
(iv), this subsection applies to any H-2A employer that uses
or causes to be used any vehicle to transport an H-2A worker
within the United States.
``(ii) Defined term.--In this paragraph, the term `uses or
causes to be used'--

``(I) applies only to transportation provided by an H-2A
employer to an H-2A worker, or by a farm labor contractor to
an H-2A worker at the request or direction of an H-2A
employer; and
``(II) does not apply to--

``(aa) transportation provided, or transportation
arrangements made, by an H-2A worker, unless the employer
specifically requested or arranged such transportation; or
``(bb) car pooling arrangements made by H-2A workers
themselves, using 1 of the workers' own vehicles, unless
specifically requested by the employer directly or through a
farm labor contractor.
``(iii) Clarification.--Providing a job offer to an H-2A
worker that causes the worker to travel to or from the place
of employment, or the payment or reimbursement of the
transportation costs of an H-2A worker by an H-2A employer,
shall not constitute an arrangement of, or participation in,
such transportation.
``(iv) Agricultural machinery and equipment excluded.--This
subsection does not apply to the transportation of an H-2A
worker on a tractor, combine, harvester, picker, or other
similar machinery or equipment while such worker is actually
engaged in the planting, cultivating, or harvesting of
agricultural commodities or the care of livestock or poultry
or engaged in transportation incidental thereto.
``(v) Common carriers excluded.--This subsection does not
apply to common carrier motor vehicle transportation in which
the provider holds itself out to the general public as
engaging in the transportation of passengers for hire and
holds a valid certification of authorization for such
purposes from an appropriate Federal, State, or local agency.
``(B) Applicability of standards, licensing, and insurance
requirements.--
``(i) In general.--When using, or causing to be used, any
vehicle for the purpose of providing transportation to which
this subparagraph applies, each employer shall--

``(I) ensure that each such vehicle conforms to the
standards prescribed by the Secretary of Labor under section
401(b) of the Migrant and Seasonal Agricultural Worker
Protection Act (29 U.S.C. 1841(b)) and other applicable
Federal and State safety standards;
``(II) ensure that each driver has a valid and appropriate
license, as provided by State law, to operate the vehicle;
and
``(III) have an insurance policy or a liability bond that
is in effect which insures the employer against liability for
damage to persons or property arising from the ownership,
operation, or causing to be operated, of any vehicle used to
transport any H-2A worker.

``(ii) Amount of insurance required.--The level of
insurance required shall be determined by the Secretary of
Labor pursuant to regulations to be issued under this
subsection.
``(iii) Effect of workers' compensation coverage.--If the
employer of any H-2A worker provides workers' compensation
coverage for such worker in the case of bodily injury or
death as provided by State law, the following adjustments in
the requirements of subparagraph (B)(i)(III) relating to
having an insurance policy or liability bond apply:

``(I) No insurance policy or liability bond shall be
required of the employer, if such workers are transported
only under circumstances for which there is coverage under
such State law.
``(II) An insurance policy or liability bond shall be
required of the employer for circumstances under which
coverage for the transportation of such workers is not
provided under such State law.

``(c) Compliance With Labor Laws.--An employer shall assure
that, except as otherwise provided in this section, the
employer will comply with all applicable Federal, State, and
local labor laws, including laws affecting migrant and
seasonal agricultural workers, with respect to all United
States workers and alien workers employed by the employer,
except that a violation of this assurance shall not
constitute a violation of the Migrant and Seasonal
Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.).
``(d) Copy of Job Offer.--The employer shall provide to the
worker, not later than the day the work commences, a copy of
the employer's application and job offer described in section
218(a), or, if the employer will require the worker to enter
into a separate employment contract covering the employment
in question, such separate employment contract.
``(e) Range Production of Livestock.--Nothing in this
section, section 218, or section 218B shall preclude the
Secretary of Labor and the Secretary from continuing to apply
special procedures and requirements to the admission and
employment of aliens in occupations involving the range
production of livestock.

``SEC. 218B. PROCEDURE FOR ADMISSION AND EXTENSION OF STAY OF
H-2A WORKERS.

``(a) Petitioning for Admission.--An employer, or an
association acting as an agent or joint employer for its
members, that seeks the admission into the United States of
an H-2A worker may file a petition with the Secretary. The
petition shall be accompanied by an accepted and currently
valid certification provided by the Secretary of Labor under
section 218(e)(2)(B) covering the petitioner.
``(b) Expedited Adjudication by the Secretary.--The
Secretary shall establish a procedure for expedited
adjudication of petitions filed under subsection (a) and
within 7 working days shall, by fax, cable, or other means
assuring expedited delivery, transmit a copy of notice of
action on the petition to the petitioner and, in the case of
approved petitions, to the appropriate immigration officer at
the port of entry or United States consulate (as the case may
be) where the petitioner has indicated that the alien
beneficiary (or beneficiaries) will apply for a visa or
admission to the United States.
``(c) Criteria for Admissibility.--
``(1) In general.--An H-2A worker shall be considered
admissible to the United States if the alien is otherwise
admissible under this section, section 218, and section 218A,
and the alien is not ineligible under paragraph (2).

[[Page S9810]]

``(2) Disqualification.--An alien shall be considered
inadmissible to the United States and ineligible for
nonimmigrant status under section 101(a)(15)(H)(ii)(a) if the
alien has, at any time during the past 5 years--
``(A) violated a material provision of this section,
including the requirement to promptly depart the United
States when the alien's authorized period of admission under
this section has expired; or
``(B) otherwise violated a term or condition of admission
into the United States as a nonimmigrant, including
overstaying the period of authorized admission as such a
nonimmigrant.
``(3) Waiver of ineligibility for unlawful presence.--
``(A) In general.--An alien who has not previously been
admitted into the United States pursuant to this section, and
who is otherwise eligible for admission in accordance with
paragraphs (1) and (2), shall not be deemed inadmissible by
virtue of section 212(a)(9)(B). If an alien described in the
preceding sentence is present in the United States, the alien
may apply from abroad for H-2A status, but may not be granted
that status in the United States.
``(B) Maintenance of waiver.--An alien provided an initial
waiver of ineligibility pursuant to subparagraph (A) shall
remain eligible for such waiver unless the alien violates the
terms of this section or again becomes ineligible under
section 212(a)(9)(B) by virtue of unlawful presence in the
United States after the date of the initial waiver of
ineligibility pursuant to subparagraph (A).
``(d) Period of Admission.--
``(1) In general.--The alien shall be admitted for the
period of employment in the application certified by the
Secretary of Labor pursuant to section 218(e)(2)(B), not to
exceed 10 months, supplemented by a period of not more than 1
week before the beginning of the period of employment for the
purpose of travel to the work site and a period of 14 days
following the period of employment for the purpose of
departure or extension based on a subsequent offer of
employment, except that--
``(A) the alien is not authorized to be employed during
such 14-day period except in the employment for which the
alien was previously authorized; and
``(B) the total period of employment, including such 14-day
period, may not exceed 10 months.
``(2) Construction.--Nothing in this subsection shall limit
the authority of the Secretary to extend the stay of the
alien under any other provision of this Act.
``(e) Abandonment of Employment.--
``(1) In general.--An alien admitted or provided status
under section 101(a)(15)(H)(ii)(a) who abandons the
employment which was the basis for such admission or status
shall be considered to have failed to maintain nonimmigrant
status as an H-2A worker and shall depart the United States
or be subject to removal under section 237(a)(1)(C)(i).
``(2) Report by employer.--The employer, or association
acting as agent for the employer, shall notify the Secretary
not later than 7 days after an H-2A worker prematurely
abandons employment.
``(3) Removal by the secretary.--The Secretary shall
promptly remove from the United States any H-2A worker who
violates any term or condition of the worker's nonimmigrant
status.
``(4) Voluntary termination.--Notwithstanding paragraph
(1), an alien may voluntarily terminate his or her employment
if the alien promptly departs the United States upon
termination of such employment.
``(f) Replacement of Alien.--
``(1) In general.--Upon presentation of the notice to the
Secretary required by subsection (e)(2), the Secretary of
State shall promptly issue a visa to, and the Secretary shall
admit into the United States, an eligible alien designated by
the employer to replace an H-2A worker--
``(A) who abandons or prematurely terminates employment; or
``(B) whose employment is terminated after a United States
worker is employed pursuant to section 218(b)(2)(H)(iii), if
the United States worker voluntarily departs before the end
of the period of intended employment or if the employment
termination is for a lawful job-related reason.
``(2) Construction.--Nothing in this subsection is intended
to limit any preference required to be accorded United States
workers under any other provision of this Act.
``(g) Identification Document.--
``(1) In general.--Each alien authorized to be admitted
under section 101(a)(15)(H)(ii)(a) shall be provided an
identification and employment eligibility document to verify
eligibility for employment in the United States and verify
such person's proper identity.
``(2) Requirements.--No identification and employment
eligibility document may be issued which does not meet the
following requirements:
``(A) The document shall be capable of reliably determining
whether--
``(i) the individual with the identification and employment
eligibility document whose eligibility is being verified is
in fact eligible for employment;
``(ii) the individual whose eligibility is being verified
is claiming the identity of another person; and
``(iii) the individual whose eligibility is being verified
is authorized to be admitted into, and employed in, the
United States as an H-2A worker.
``(B) The document shall be in a form that is resistant to
counterfeiting and to tampering.
``(C) The document shall--
``(i) be compatible with other databases of the Secretary
for the purpose of excluding aliens from benefits for which
they are not eligible and determining whether the alien is
unlawfully present in the United States; and
``(ii) be compatible with law enforcement databases to
determine if the alien has been convicted of criminal
offenses.
``(h) Extension of Stay of H-2A Aliens in the United
States.--
``(1) Extension of stay.--If an employer seeks approval to
employ an H-2A alien who is lawfully present in the United
States, the petition filed by the employer or an association
pursuant to subsection (a), shall request an extension of the
alien's stay and a change in the alien's employment.
``(2) Limitation on filing a petition for extension of
stay.--A petition may not be filed for an extension of an
alien's stay--
``(A) for a period of more than 10 months; or
``(B) to a date that is more than 3 years after the date of
the alien's last admission to the United States under this
section.
``(3) Work authorization upon filing a petition for
extension of stay.--
``(A) In general.--An alien who is lawfully present in the
United States may commence the employment described in a
petition under paragraph (1) on the date on which the
petition is filed.
``(B) Definition.--For purposes of subparagraph (A), the
term `file' means sending the petition by certified mail via
the United States Postal Service, return receipt requested,
or delivered by guaranteed commercial delivery which will
provide the employer with a documented acknowledgment of the
date of receipt of the petition.
``(C) Handling of petition.--The employer shall provide a
copy of the employer's petition to the alien, who shall keep
the petition with the alien's identification and employment
eligibility document as evidence that the petition has been
filed and that the alien is authorized to work in the United
States.
``(D) Approval of petition.--Upon approval of a petition
for an extension of stay or change in the alien's authorized
employment, the Secretary shall provide a new or updated
employment eligibility document to the alien indicating the
new validity date, after which the alien is not required to
retain a copy of the petition.
``(4) Limitation on employment authorization of aliens
without valid identification and employment eligibility
document.--An expired identification and employment
eligibility document, together with a copy of a petition for
extension of stay or change in the alien's authorized
employment that complies with the requirements of paragraph
(1), shall constitute a valid work authorization document for
a period of not more than 60 days beginning on the date on
which such petition is filed, after which time only a
currently valid identification and employment eligibility
document shall be acceptable.
``(5) Limitation on an individual's stay in status.--
``(A) Maximum period.--The maximum continuous period of
authorized status as an H-2A worker (including any
extensions) is 3 years.
``(B) Requirement to remain outside the united states.--
``(i) In general.--Subject to clause (ii), in the case of
an alien outside the United States whose period of authorized
status as an H-2A worker (including any extensions) has
expired, the alien may not again apply for admission to the
United States as an H-2A worker unless the alien has remained
outside the United States for a continuous period equal to at
least \1/5\ the duration of the alien's previous period of
authorized status as an H-2A worker (including any
extensions).
``(ii) Exception.--Clause (i) shall not apply in the case
of an alien if the alien's period of authorized status as an
H-2A worker (including any extensions) was for a period of
not more than 10 months and such alien has been outside the
United States for at least 2 months during the 12 months
preceding the date the alien again is applying for admission
to the United States as an H-2A worker.
``(i) Special Rules for Aliens Employed as Sheepherders,
Goat Herders, or Dairy Workers.--Notwithstanding any
provision of the Agricultural Job Opportunities, Benefits,
and Security Act of 2006, an alien admitted under section
101(a)(15)(H)(ii)(a) for employment as a sheepherder, goat
herder, or dairy worker--
``(1) may be admitted for an initial period of 12 months;
``(2) subject to subsection (j)(5), may have such initial
period of admission extended for a period of up to 3 years;
and
``(3) shall not be subject to the requirements of
subsection (h)(5) (relating to periods of absence from the
United States).
``(j) Adjustment to Lawful Permanent Resident Status for
Aliens Employed as Sheepherders, Goat Herders, or Dairy
Workers.--
``(1) Eligible alien.--For purposes of this subsection, the
term `eligible alien' means an alien--
``(A) having nonimmigrant status under section
101(a)(15)(H)(ii)(a) based on employment as a sheepherder,
goat herder, or dairy worker;
``(B) who has maintained such nonimmigrant status in the
United States for a

[[Page S9811]]

cumulative total of 36 months (excluding any period of
absence from the United States); and
``(C) who is seeking to receive an immigrant visa under
section 203(b)(3)(A)(iii).
``(2) Classification petition.--In the case of an eligible
alien, the petition under section 204 for classification
under section 203(b)(3)(A)(iii) may be filed by--
``(A) the alien's employer on behalf of an eligible alien;
or
``(B) the eligible alien.
``(3) No labor certification required.--Notwithstanding
section 203(b)((3)(C), no determination under section
212(a)(5)(A) is required with respect to an immigrant visa
described in paragraph (1)(C) for an eligible alien.
``(4) Effect of petition.--The filing of a petition
described in paragraph (2) or an application for adjustment
of status based on the approval of such a petition, shall not
constitute evidence of an alien's ineligibility for
nonimmigrant status under section 101(a)(15)(H)(ii)(a).
``(5) Extension of stay.--The Secretary of Homeland
Security shall extend the stay of an eligible alien having a
pending or approved classification petition described in
paragraph (2) in 1-year increments until a final
determination is made on the alien's eligibility for
adjustment of status to that of an alien lawfully admitted
for permanent residence.
``(6) Construction.--Nothing in this subsection shall be
construed to prevent an eligible alien from seeking
adjustment of status in accordance with any other provision
of law.

``SEC. 218C. WORKER PROTECTIONS AND LABOR STANDARDS
ENFORCEMENT.

``(a) Enforcement Authority.--
``(1) Investigation of complaints.--
``(A) Aggrieved person or third-party complaints.--The
Secretary of Labor shall establish a process for the receipt,
investigation, and disposition of complaints respecting a
petitioner's failure to meet a condition specified in section
218(b), or an employer's misrepresentation of material facts
in an application under section 218(a). Complaints may be
filed by any aggrieved person or organization (including
bargaining representatives). No investigation or hearing
shall be conducted on a complaint concerning such a failure
or misrepresentation unless the complaint was filed not later
than 12 months after the date of the failure, or
misrepresentation, respectively. The Secretary of Labor shall
conduct an investigation under this subparagraph if there is
reasonable cause to believe that such a failure or
misrepresentation has occurred.
``(B) Determination on complaint.--Under such process, the
Secretary of Labor shall provide, within 30 days after the
date such a complaint is filed, for a determination as to
whether or not a reasonable basis exists to make a finding
described in subparagraph (C), (D), (E), or (G). If the
Secretary of Labor determines that such a reasonable basis
exists, the Secretary of Labor shall provide for notice of
such determination to the interested parties and an
opportunity for a hearing on the complaint, in accordance
with section 556 of title 5, United States Code, within 60
days after the date of the determination. If such a hearing
is requested, the Secretary of Labor shall make a finding
concerning the matter not later than 60 days after the date
of the hearing. In the case of similar complaints respecting
the same applicant, the Secretary of Labor may consolidate
the hearings under this subparagraph on such complaints.
``(C) Failures to meet conditions.--If the Secretary of
Labor finds, after notice and opportunity for a hearing, a
failure to meet a condition of paragraph (1)(A), (1)(B),
(1)(D), (1)(F), (2)(A), (2)(B), or (2)(G) of section 218(b),
a substantial failure to meet a condition of paragraph
(1)(C), (1)(E), (2)(C), (2)(D), (2)(E), or (2)(H) of section
218(b), or a material misrepresentation of fact in an
application under section 218(a)--
``(i) the Secretary of Labor shall notify the Secretary of
such finding and may, in addition, impose such other
administrative remedies (including civil money penalties in
an amount not to exceed $1,000 per violation) as the
Secretary of Labor determines to be appropriate; and
``(ii) the Secretary may disqualify the employer from the
employment of aliens described in section
101(a)(15)(H)(ii)(a) for a period of 1 year.
``(D) Willful failures and willful misrepresentations.--If
the Secretary of Labor finds, after notice and opportunity
for hearing, a willful failure to meet a condition of section
218(b), a willful misrepresentation of a material fact in an
application under section 218(a), or a violation of
subsection (d)(1)--
``(i) the Secretary of Labor shall notify the Secretary of
such finding and may, in addition, impose such other
administrative remedies (including civil money penalties in
an amount not to exceed $5,000 per violation) as the
Secretary of Labor determines to be appropriate;
``(ii) the Secretary of Labor may seek appropriate legal or
equitable relief to effectuate the purposes of subsection
(d)(1); and
``(iii) the Secretary may disqualify the employer from the
employment of H-2A workers for a period of 2 years.
``(E) Displacement of united states workers.--If the
Secretary of Labor finds, after notice and opportunity for
hearing, a willful failure to meet a condition of section
218(b) or a willful misrepresentation of a material fact in
an application under section 218(a), in the course of which
failure or misrepresentation the employer displaced a United
States worker employed by the employer during the period of
employment on the employer's application under section 218(a)
or during the period of 30 days preceding such period of
employment--
``(i) the Secretary of Labor shall notify the Secretary of
such finding and may, in addition, impose such other
administrative remedies (including civil money penalties in
an amount not to exceed $15,000 per violation) as the
Secretary of Labor determines to be appropriate; and
``(ii) the Secretary may disqualify the employer from the
employment of H-2A workers for a period of 3 years.
``(F) Limitations on civil money penalties.--The Secretary
of Labor shall not impose total civil money penalties with
respect to an application under section 218(a) in excess of
$90,000.
``(G) Failures to pay wages or required benefits.--If the
Secretary of Labor finds, after notice and opportunity for a
hearing, that the employer has failed to pay the wages, or
provide the housing allowance, transportation, subsistence
reimbursement, or guarantee of employment, required under
section 218A(b), the Secretary of Labor shall assess payment
of back wages, or other required benefits, due any United
States worker or H-2A worker employed by the employer in the
specific employment in question. The back wages or other
required benefits under section 218A(b) shall be equal to the
difference between the amount that should have been paid and
the amount that actually was paid to such worker.
``(2) Statutory construction.--Nothing in this section
shall be construed as limiting the authority of the Secretary
of Labor to conduct any compliance investigation under any
other labor law, including any law affecting migrant and
seasonal agricultural workers, or, in the absence of a
complaint under this section, under section 218 or 218A.
``(b) Rights Enforceable by Private Right of Action.--H-2A
workers may enforce the following rights through the private
right of action provided in subsection (c), and no other
right of action shall exist under Federal or State law to
enforce such rights:
``(1) The providing of housing or a housing allowance as
required under section 218A(b)(1).
``(2) The reimbursement of transportation as required under
section 218A(b)(2).
``(3) The payment of wages required under section
218A(b)(3) when due.
``(4) The benefits and material terms and conditions of
employment expressly provided in the job offer described in
section 218(a)(2), not including the assurance to comply with
other Federal, State, and local labor laws described in
section 218A(c), compliance with which shall be governed by
the provisions of such laws.
``(5) The guarantee of employment required under section
218A(b)(4).
``(6) The motor vehicle safety requirements under section
218A(b)(5).
``(7) The prohibition of discrimination under subsection
(d)(2).
``(c) Private Right of Action.--
``(1) Mediation.--Upon the filing of a complaint by an H-2A
worker aggrieved by a violation of rights enforceable under
subsection (b), and within 60 days of the filing of proof of
service of the complaint, a party to the action may file a
request with the Federal Mediation and Conciliation Service
to assist the parties in reaching a satisfactory resolution
of all issues involving all parties to the dispute. Upon a
filing of such request and giving of notice to the parties,
the parties shall attempt mediation within the period
specified in subparagraph (B).
``(A) Mediation services.--The Federal Mediation and
Conciliation Service shall be available to assist in
resolving disputes arising under subsection (b) between H-2A
workers and agricultural employers without charge to the
parties.
``(B) 90-day limit.--The Federal Mediation and Conciliation
Service may conduct mediation or other non-binding dispute
resolution activities for a period not to exceed 90 days
beginning on the date on which the Federal Mediation and
Conciliation Service receives the request for assistance
unless the parties agree to an extension of this period of
time.
``(C) Authorization.--
``(i) In general.--Subject to clause (ii), there are
authorized to be appropriated to the Federal Mediation and
Conciliation Service $500,000 for each fiscal year to carry
out this section.
``(ii) Mediation.--Notwithstanding any other provision of
law, the Director of the Federal Mediation and Conciliation
Service is authorized to conduct the mediation or other
dispute resolution activities from any other appropriated
funds available to the Director and to reimburse such
appropriated funds when the funds are appropriated pursuant
to this authorization, such reimbursement to be credited to
appropriations currently available at the time of receipt.
``(2) Maintenance of civil action in district court by
aggrieved person.--An H-2A worker aggrieved by a violation of
rights enforceable under subsection (b) by an agricultural
employer or other person may file suit in any district court
of the United States having jurisdiction of the parties,
without regard to the amount in controversy, without regard
to the citizenship of the parties, and without regard to the
exhaustion of any alternative administrative remedies under

[[Page S9812]]

this Act, not later than 3 years after the date the violation
occurs.
``(3) Election.--An H-2A worker who has filed an
administrative complaint with the Secretary of Labor may not
maintain a civil action under paragraph (2) unless a
complaint based on the same violation filed with the
Secretary of Labor under subsection (a)(1) is withdrawn
before the filing of such action, in which case the rights
and remedies available under this subsection shall be
exclusive.
``(4) Preemption of state contract rights.--Nothing in this
Act shall be construed to diminish the rights and remedies of
an H-2A worker under any other Federal or State law or
regulation or under any collective bargaining agreement,
except that no court or administrative action shall be
available under any State contract law to enforce the rights
created by this Act.
``(5) Waiver of rights prohibited.--Agreements by employees
purporting to waive or modify their rights under this Act
shall be void as contrary to public policy, except that a
waiver or modification of the rights or obligations in favor
of the Secretary of Labor shall be valid for purposes of the
enforcement of this Act. The preceding sentence may not be
construed to prohibit agreements to settle private disputes
or litigation.
``(6) Award of damages or other equitable relief.--
``(A) If the court finds that the respondent has
intentionally violated any of the rights enforceable under
subsection (b), it shall award actual damages, if any, or
equitable relief.
``(B) Any civil action brought under this section shall be
subject to appeal as provided in chapter 83 of title 28,
United States Code.
``(7) Workers' compensation benefits; exclusive remedy.--
``(A) Notwithstanding any other provision of this section,
where a State's workers' compensation law is applicable and
coverage is provided for an H-2A worker, the workers'
compensation benefits shall be the exclusive remedy for the
loss of such worker under this section in the case of bodily
injury or death in accordance with such State's workers'
compensation law.
``(B) The exclusive remedy prescribed in subparagraph (A)
precludes the recovery under paragraph (6) of actual damages
for loss from an injury or death but does not preclude other
equitable relief, except that such relief shall not include
back or front pay or in any manner, directly or indirectly,
expand or otherwise alter or affect--
``(i) a recovery under a State workers' compensation law;
or
``(ii) rights conferred under a State workers' compensation
law.
``(8) Tolling of statute of limitations.--If it is
determined under a State workers' compensation law that the
workers' compensation law is not applicable to a claim for
bodily injury or death of an H-2A worker, the statute of
limitations for bringing an action for actual damages for
such injury or death under subsection (c) shall be tolled for
the period during which the claim for such injury or death
under such State workers' compensation law was pending. The
statute of limitations for an action for actual damages or
other equitable relief arising out of the same transaction or
occurrence as the injury or death of the H-2A worker shall be
tolled for the period during which the claim for such injury
or death was pending under the State workers' compensation
law.
``(9) Preclusive effect.--Any settlement by an H-2A worker
and an H-2A employer or any person reached through the
mediation process required under subsection (c)(1) shall
preclude any right of action arising out of the same facts
between the parties in any Federal or State court or
administrative proceeding, unless specifically provided
otherwise in the settlement agreement.
``(10) Settlements.--Any settlement by the Secretary of
Labor with an H-2A employer on behalf of an H-2A worker of a
complaint filed with the Secretary of Labor under this
section or any finding by the Secretary of Labor under
subsection (a)(1)(B) shall preclude any right of action
arising out of the same facts between the parties under any
Federal or State court or administrative proceeding, unless
specifically provided otherwise in the settlement agreement.
``(d) Discrimination Prohibited.--
``(1) In general.--It is a violation of this subsection for
any person who has filed an application under section 218(a),
to intimidate, threaten, restrain, coerce, blacklist,
discharge, or in any other manner discriminate against an
employee (which term, for purposes of this subsection,
includes a former employee and an applicant for employment)
because the employee has disclosed information to the
employer, or to any other person, that the employee
reasonably believes evidences a violation of section 218 or
218A or any rule or regulation pertaining to section 218 or
218A, or because the employee cooperates or seeks to
cooperate in an investigation or other proceeding concerning
the employer's compliance with the requirements of section
218 or 218A or any rule or regulation pertaining to either of
such sections.
``(2) Discrimination against h-2a workers.--It is a
violation of this subsection for any person who has filed an
application under section 218(a), to intimidate, threaten,
restrain, coerce, blacklist, discharge, or in any manner
discriminate against an H-2A employee because such worker
has, with just cause, filed a complaint with the Secretary of
Labor regarding a denial of the rights enumerated and
enforceable under subsection (b) or instituted, or caused to
be instituted, a private right of action under subsection (c)
regarding the denial of the rights enumerated under
subsection (b), or has testified or is about to testify in
any court proceeding brought under subsection (c).
``(e) Authorization To Seek Other Appropriate Employment.--
The Secretary of Labor and the Secretary shall establish a
process under which an H-2A worker who files a complaint
regarding a violation of subsection (d) and is otherwise
eligible to remain and work in the United States may be
allowed to seek other appropriate employment in the United
States for a period not to exceed the maximum period of stay
authorized for such nonimmigrant classification.
``(f) Role of Associations.--
``(1) Violation by a member of an association.--An employer
on whose behalf an application is filed by an association
acting as its agent is fully responsible for such
application, and for complying with the terms and conditions
of sections 218 and 218A, as though the employer had filed
the application itself. If such an employer is determined,
under this section, to have committed a violation, the
penalty for such violation shall apply only to that member of
the association unless the Secretary of Labor determines that
the association or other member participated in, had
knowledge, or reason to know, of the violation, in which case
the penalty shall be invoked against the association or other
association member as well.
``(2) Violations by an association acting as an employer.--
If an association filing an application as a sole or joint
employer is determined to have committed a violation under
this section, the penalty for such violation shall apply only
to the association unless the Secretary of Labor determines
that an association member or members participated in or had
knowledge, or reason to know of the violation, in which case
the penalty shall be invoked against the association member
or members as well.

``SEC. 218D. DEFINITIONS.

``For purposes of this section and section 218, 218A, 218B,
and 218C:
``(1) Agricultural employment.--The term `agricultural
employment' means any service or activity that is considered
to be agricultural under section 3(f) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural
labor under section 3121(g) of the Internal Revenue Code of
1986 (26 U.S.C. 3121(g)). For purposes of this paragraph,
agricultural employment includes employment under section
101(a)(15)(H)(ii)(a).
``(2) Bona fide union.--The term `bona fide union' means
any organization in which employees participate and which
exists for the purpose of dealing with employers concerning
grievances, labor disputes, wages, rates of pay, hours of
employment, or other terms and conditions of work for
agricultural employees. Such term does not include an
organization formed, created, administered, supported,
dominated, financed, or controlled by an employer or employer
association or its agents or representatives.
``(3) Displace.--The term `displace', in the case of an
application with respect to 1 or more H-2A workers by an
employer, means laying off a United States worker from a job
for which the H-2A worker or workers is or are sought.
``(4) Eligible.--The term `eligible', when used with
respect to an individual, means an individual who is not an
unauthorized alien (as defined in section 274A).
``(5) Employer.--The term `employer' means any person or
entity, including any farm labor contractor and any
agricultural association, that employs workers in
agricultural employment.
``(6) H-2a employer.--The term `H-2A employer' means an
employer who seeks to hire 1 or more nonimmigrant aliens
described in section 101(a)(15)(H)(ii)(a).
``(7) H-2a worker.--The term `H-2A worker' means a
nonimmigrant described in section 101(a)(15)(H)(ii)(a).
``(8) Job opportunity.--The term `job opportunity' means a
job opening for temporary full-time employment at a place in
the United States to which United States workers can be
referred.
``(9) Lays off.--
``(A) In general.--The term `lays off', with respect to a
worker--
``(i) means to cause the worker's loss of employment, other
than through a discharge for inadequate performance,
violation of workplace rules, cause, voluntary departure,
voluntary retirement, contract impossibility (as described in
section 218A(b)(4)(D)), or temporary layoffs due to weather,
markets, or other temporary conditions; but
``(ii) does not include any situation in which the worker
is offered, as an alternative to such loss of employment, a
similar employment opportunity with the same employer (or, in
the case of a placement of a worker with another employer
under section 218(b)(2)(E), with either employer described in
such section) at equivalent or higher compensation and
benefits than the position from which the employee was
discharged, regardless of whether or not the employee accepts
the offer.
``(B) Statutory construction.--Nothing in this paragraph is
intended to limit an employee's rights under a collective
bargaining agreement or other employment contract.
``(10) Regulatory drought.--The term `regulatory drought'
means a decision subsequent to the filing of the application
under

[[Page S9813]]

section 218 by an entity not under the control of the
employer making such filing which restricts the employer's
access to water for irrigation purposes and reduces or limits
the employer's ability to produce an agricultural commodity,
thereby reducing the need for labor.
``(11) Seasonal.--Labor is performed on a `seasonal' basis
if--
``(A) ordinarily, it pertains to or is of the kind
exclusively performed at certain seasons or periods of the
year; and
``(B) from its nature, it may not be continuous or carried
on throughout the year.
``(12) Secretary.--The term `Secretary' means the Secretary
of Homeland Security.
``(13) Temporary.--A worker is employed on a `temporary'
basis where the employment is intended not to exceed 10
months.
``(14) United states worker.--The term `United States
worker' means any worker, whether a United States citizen or
national, a lawfully admitted permanent resident alien, or
any other alien, who is authorized to work in the job
opportunity within the United States, except an alien
admitted or otherwise provided status under section
101(a)(15)(H)(ii)(a).''.
(b) Table of Contents.--The table of contents of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by striking the item relating to section 218 and
inserting the following:

``Sec. 218. H-2A employer applications
``Sec. 218A. H-2A employment requirements
``Sec. 218B. Procedure for admission and extension of stay of H-2A
workers
``Sec. 218C. Worker protections and labor standards enforcement
``Sec. 218D. Definitions''.

Subtitle C--Miscellaneous Provisions

SEC. 231. DETERMINATION AND USE OF USER FEES.

(a) Schedule of Fees.--The Secretary shall establish and
periodically adjust a schedule of fees for the employment of
aliens under this title and the amendments made by this
title, and a collection process for such fees from employers
participating in the program provided under this title. Such
fees shall be the only fees chargeable to employers for
services provided under this title.
(b) Determination of Schedule.--
(1) In general.--The schedule under subsection (a) shall
reflect a fee rate based on the number of job opportunities
indicated in the employer's application under section 218 of
the Immigration and Nationality Act, as amended by section
221 of this Act, and sufficient to provide for the direct
costs of providing services related to an employer's
authorization to employ eligible aliens pursuant to this
title, to include the certification of eligible employers,
the issuance of documentation, and the admission of eligible
aliens.
(2) Procedure.--
(A) In general.--In establishing and adjusting such a
schedule, the Secretary shall comply with Federal cost
accounting and fee setting standards.
(B) Publication and comment.--The Secretary shall publish
in the Federal Register an initial fee schedule and
associated collection process and the cost data or estimates
upon which such fee schedule is based, and any subsequent
amendments thereto, pursuant to which public comment shall be
sought and a final rule issued.
(c) Use of Proceeds.--Notwithstanding any other provision
of law, all proceeds resulting from the payment of the alien
employment user fees shall be available without further
appropriation and shall remain available without fiscal year
limitation to reimburse the Secretary, the Secretary of
State, and the Secretary of Labor for the costs of carrying
out sections 218 and 218B of the Immigration and Nationality
Act, as amended and added, respectively by section 221 of
this Act, and the provisions of this title.

SEC. 232. REGULATIONS.

(a) Regulations of the Secretary.--The Secretary shall
consult with the Secretary of Labor and the Secretary of
Agriculture on all regulations to implement the duties of the
Secretary under this title and the amendments made by this
title.
(b) Regulations of the Secretary of State.--The Secretary
of State shall consult with the Secretary, the Secretary of
Labor, and the Secretary of Agriculture on all regulations to
implement the duties of the Secretary of State under this
title and the amendments made by this title.
(c) Regulations of the Secretary of Labor.--The Secretary
of Labor shall consult with the Secretary of Agriculture and
the Secretary on all regulations to implement the duties of
the Secretary of Labor under this title and the amendments
made by this title.
(d) Deadline for Issuance of Regulations.--All regulations
to implement the duties of the Secretary, the Secretary of
State, and the Secretary of Labor created under sections 218,
218A, 218B, 218C, and 218D of the Immigration and Nationality
Act, as added by section 221 of this Act, shall take effect
on the effective date of section 221 and shall be issued not
later than 1 year after the date of enactment of this Act.

SEC. 233. REPORTS TO CONGRESS.

(a) Annual Report.--Not later than September 30 of each
year, the Secretary shall submit a report to Congress that
identifies, for the previous year--
(1) the number of job opportunities approved for employment
of aliens admitted under section 101(a)(15)(H)(ii)(a) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(a)), and the number of workers actually
admitted, by State and by occupation;
(2) the number of such aliens reported to have abandoned
employment pursuant to subsection 218B(e)(2) of such Act;
(3) the number of such aliens who departed the United
States within the period specified in subsection 218B(d) of
such Act;
(4) the number of aliens who applied for adjustment of
status pursuant to section 211(a);
(5) the number of such aliens whose status was adjusted
under section 211(a);
(6) the number of aliens who applied for permanent
residence pursuant to section 211(c); and
(7) the number of such aliens who were approved for
permanent residence pursuant section 211(c).
(b) Implementation Report.--Not later than 180 days after
the date of the enactment of this Act, the Secretary shall
prepare and submit to Congress a report that describes the
measures being taken and the progress made in implementing
this title.

SEC. 234. EFFECTIVE DATE.

Except as otherwise provided, sections 221 and 231 shall
take effect 1 year after the date of the enactment of this
Act.
______

SA 5023. Mr. BINGAMAN submitted an amendment intended to be proposed
by him to the bill H.R. 6061, to establish operational control over the
international land and maritime borders of the United States; which was
ordered to lie on the table; as follows:

On page 5, between lines 8 and 9, insert the following:
``(D) Limitation on requirements.--Notwithstanding
subparagraph (A), nothing in this paragraph shall require the
Secretary to provide fencing and install additional physical
barriers, roads, lighting, cameras, and sensors in a location
along an international border of the United States, if the
Secretary determines that the use or placement of such
resources is not the most appropriate means to achieve and
maintain operational control over the international border at
such location.''.
______

SA 5024. Mr. McCONNELL (for Mr. Grassley (for himself, Mr. Baucus,
Mr. Hatch, Mr. Rockefeller, and Ms. Snowe)) proposed an amendment to
the bill S. 3525, to reauthorize the safe and stable families program,
and for other purposes; as follows:

In lieu of the language inserted by the House amendment,
insert the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Child and Family Services
Improvement Act of 2006''.

SEC. 2. FINDINGS.

The Congress finds as follows:
(1) For Federal fiscal year 2004, child protective services
(CPS) staff nationwide reported investigating or assessing an
estimated 3,000,000 allegations of child maltreatment, and
determined that 872,000 children had been abused or neglected
by their parents or other caregivers.
(2) Combined, the Child Welfare Services (CWS) and
Promoting Safe and Stable Families (PSSF) programs provide
States about $700,000,000 per year, the largest source of
targeted Federal funding in the child protection system for
services to ensure that children are not abused or neglected
and, whenever possible, help children remain safely with
their families.
(3) A 2003 report by the Government Accountability Office
(GAO) reported that little research is available on the
effectiveness of activities supported by CWS funds--
evaluations of services supported by PSSF funds have
generally shown little or no effect.
(4) Further, the Department of Health and Human Services
recently completed initial Child and Family Service Reviews
(CFSRs) in each State. No State was in full compliance with
all measures of the CFSRs. The CFSRs also revealed that
States need to work to prevent repeat abuse and neglect of
children, improve services provided to families to reduce the
risk of future harm (including by better monitoring the
participation of families in services), and strengthen
upfront services provided to families to prevent unnecessary
family break-up and protect children who remain at home.
(5) Federal policy should encourage States to invest their
CWS and PSSF funds in services that promote and protect the
welfare of children, support strong, healthy families, and
reduce the reliance on out-of-home care, which will help
ensure all children are raised in safe, loving families.
(6) CFSRs also found a strong correlation between frequent
caseworker visits with children and positive outcomes for
these children, such as timely achievement of permanency and
other indicators of child well-being.
(7) However, a December 2005 report by the Department of
Health and Human Services Office of Inspector General found
that only 20 States were able to produce reports to show
whether caseworkers actually visited children in foster care
on at least a monthly basis, despite the fact that nearly all
States had written standards suggesting monthly visits were
State policy.
(8) A 2003 GAO report found that the average tenure for a
child welfare caseworker is less than 2 years and this level
of turnover

[[Page S9814]]

negatively affects safety and permanency for children.
(9) Targeting CWS and PSSF funds to ensure children in
foster care are visited on at least a monthly basis will
promote better outcomes for vulnerable children, including by
preventing further abuse and neglect.
(10) According to the Office of Applied Studies of the
Substance Abuse and Mental Health Services Administration,
the annual number of new uses of Methamphetamine, also known
as ``meth,'' has increased 72 percent over the past decade.
According to a study conducted by the National Association of
Counties which surveyed 500 county law enforcement agencies
in 45 states, 88 percent of the agencies surveyed reported
increases in meth related arrests starting 5 years ago.
(11) According to the 2004 National Survey on Drug Use and
Health, nearly 12,000,000 Americans have tried
methamphetamine. Meth making operations have been uncovered
in all 50 states, but the most wide-spread abuse has been
concentrated in the western, southwestern, and Midwestern
United States.
(12) Methamphetamine abuse is on the increase, particularly
among women of child-bearing age. This is having an impact on
child welfare systems in many States. According to a survey
administered by the National Association of Counties (``The
Impact of Meth on Children''), conducted in 300 counties in
13 states, meth is a major cause of child abuse and neglect.
Forty percent of all the child welfare officials in the
survey reported an increase in out-of-home placements because
of meth in 2005.
(13) It is appropriate also to target PSSF funds to address
this issue because of the unique strain the meth epidemic
puts on child welfare agencies. Outcomes for children
affected by meth are enhanced when services provided by law
enforcement, child welfare and substance abuse agencies are
integrated.

SEC. 3. REAUTHORIZATION OF THE PROMOTING SAFE AND STABLE
FAMILIES PROGRAM.

(a) Funding of Mandatory Grants at $345 Million Per Fiscal
Year.--Effective October 1, 2006, section 436(a) of the
Social Security Act (42 U.S.C. 629f(a)) is amended by
striking ``fiscal year 2006.'' and all that follows and
inserting ``each of fiscal years 2007 through 2011''.
(b) Funding of Discretionary Grants.--Section 437(a) of
such Act (42 U.S.C. 629g(a)) is amended by striking ``2002
through 2006'' and inserting ``2007 through 2011''.
(c) Availability of Promoting Safe and Stable Families
Resources for Fiscal Year 2006.--
(1) Appropriation.--Out of any money in the Treasury of the
United States not otherwise appropriated, there are
appropriated to the Secretary of Health and Human Services
$40,000,000 for fiscal year 2006 to carry out section 436 of
the Social Security Act, in addition to any amount otherwise
made available for fiscal year 2006 to carry out such
section.
(2) Availability of funds.--Notwithstanding sections
434(b)(2) and 436(b)(3) of such Act, the amount appropriated
under paragraph (1) of this subsection--
(A) shall remain available for expenditure through fiscal
year 2009 solely for the purpose described in section
436(b)(4)(B)(i) of such Act;
(B) shall not be used to supplant any Federal funds paid
under part E of title IV of such Act that could be used for
that purpose; and
(C) shall not be made available to any Indian tribe or
tribal consortium.
(d) Elimination of Findings.--Section 430 of such Act (42
U.S.C. 629) is amended by striking all through ``(b)
Purpose.--The purpose'' and inserting the following:

``SEC. 430. PURPOSE.

``The purpose''.
(e) Annual Budget Requests, Summaries, and Expenditure
Reports.--
(1) In general.--Section 432(a)(8) of such Act (42 U.S.C.
629b(a)(8)) is amended--
(A) by inserting ``(A)'' after ``(8)''; and
(B) by adding at the end the following:
``(B) provides that, not later than June 30 of each year,
the State will submit to the Secretary--
``(i) copies of forms CFS 101-Part I and CFS 101-Part II
(or any successor forms) that report on planned child and
family services expenditures by the agency for the
immediately succeeding fiscal year; and
``(ii) copies of forms CFS 101-Part I and CFS 101-Part II
(or any successor forms) that provide, with respect to the
programs authorized under this subpart and subpart 1 and, at
State option, other programs included on such forms, for the
most recent preceding fiscal year for which reporting of
actual expenditures is complete--
``(I) the numbers of families and of children served by the
State agency;
``(II) the population served by the State agency;
``(III) the geographic areas served by the State agency;
and
``(IV) the actual expenditures of funds provided to the
State agency; and''.
(2) Annual submission of state reports to congress.--
Section 432 of such Act (42 U.S.C. 629b) is amended by adding
at the end the following:
``(c) Annual Submission of State Reports to Congress.--The
Secretary shall compile the reports required under subsection
(a)(8)(B) and, not later than September 30 of each year,
submit such compilation to the Committee on Ways and Means of
the House of Representatives and the Committee on Finance of
the Senate.''.
(3) Effective date; initial deadlines for submissions.--The
amendments made by this subsection take effect on the date of
enactment of this Act. Each State with an approved plan under
subpart 1 or 2 of part B of title IV of the Social Security
Act shall make its initial submission of the forms required
under section 432(a)(8)(B) of the Social Security Act to the
Secretary of Health and Human Services by June 30, 2007, and
the Secretary of Health and Human Services shall submit the
first compilation required under section 432(c) of the Social
Security Act by September 30, 2007.
(f) Limitation on Administrative Cost Reimbursement.--
(1) In general.--Section 434 of such Act (42 U.S.C. 629d)
is amended--
(A) in subsection (a), by inserting ``, subject to
subsection (d),'' after ``shall''; and
(B) by adding at the end the following:
``(d) Limitation on Reimbursement for Administrative
Costs.--The Secretary shall not make a payment to a State
under this section with respect to expenditures for
administrative costs during a fiscal year, to the extent that
the total amount of the expenditures exceeds 10 percent of
the total expenditures of the State during the fiscal year
under the State plan approved under section 432.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply to expenditures made on or after October 1, 2007.

SEC. 4. TARGETING OF PROMOTING SAFE AND STABLE FAMILIES
PROGRAM RESOURCES.

(a) Support for Monthly Caseworker Visits.--
(1) Reservation and use of funds.--Section 436(b) of the
Social Security Act (42 U.S.C. 629f(b)) is amended by adding
at the end the following:
``(4) Support for monthly caseworker visits.--
``(A) Reservation.--The Secretary shall reserve for
allotment in accordance with section 433(e)--
``(i) $5,000,000 for fiscal year 2008;
``(ii) $10,000,000 for fiscal year 2009; and
``(iii) $20,000,000 for each of fiscal years 2010 and 2011.
``(B) Use of funds.--
``(i) In general.--A State to which an amount is paid from
amounts reserved under subparagraph (A) shall use the amount
to support monthly caseworker visits with children who are in
foster care under the responsibility of the State, with a
primary emphasis on activities designed to improve caseworker
retention, recruitment, training, and ability to access the
benefits of technology.
``(ii) Nonsupplantation.--A State to which an amount is
paid from amounts reserved pursuant to subparagraph (A) shall
not use the amount to supplant any Federal funds paid to the
State under part E that could be used as described in clause
(i).''.
(2) Allotment of funds.--Section 433 of such Act (42 U.S.C.
629c) is amended--
(A) in subsection (d), by inserting ``subsection (a), (b),
or (c) of'' before ``this section'' the 1st and 2nd places it
appears; and
(B) by adding at the end the following:
``(e) Allotment of Funds Reserved to Support Monthly
Caseworker Visits.--
``(1) Territories.--From the amount reserved pursuant to
section 436(b)(4)(A) for any fiscal year, the Secretary shall
allot to each jurisdiction specified in subsection (b) of
this section, that has provided to the Secretary such
documentation as may be necessary to verify that the
jurisdiction has complied with section 436(b)(4)(B)(ii)
during the fiscal year, an amount determined in the same
manner as the allotment to each of such jurisdictions is
determined under section 423 (without regard to the initial
allotment of $70,000 to each State).
``(2) Other states.--From the amount reserved pursuant to
section 436(b)(4)(A) for any fiscal year that remains after
applying paragraph (1) of this subsection for the fiscal
year, the Secretary shall allot to each State (other than an
Indian tribe) not specified in subsection (b) of this
section, that has provided to the Secretary such
documentation as may be necessary to verify that the State
has complied with section 436(b)(4)(B)(ii) during the fiscal
year, an amount equal to such remaining amount multiplied by
the food stamp percentage of the State (as defined in
subsection (c)(2) of this section) for the fiscal year,
except that in applying subsection (c)(2)(A) of this section,
`subsection (e)(2)' shall be substituted for `such paragraph
(1)'.''.
(3) Payments to states.--Section 434(a) of such Act (42
U.S.C. 629d(a)), as amended by section 3(f)(1) of this Act,
is amended by striking ``the lesser of--'' and all that
follows and inserting the following: ``the sum of--
``(1) the lesser of--
``(A) 75 percent of the total expenditures by the State for
activities under the plan during the fiscal year or the
immediately succeeding fiscal year; or
``(B) the allotment of the State under subsection (a), (b),
or (c) of section 433, whichever is applicable, for the
fiscal year; and
``(2) the lesser of--
``(A) 75 percent of the total expenditures by the State in
accordance with section 436(b)(4)(B) during the fiscal year
or the immediately succeeding fiscal year; or
``(B) the allotment of the State under section 433(e) for
the fiscal year.''.

[[Page S9815]]

(b) Support for Targeted Grants to Increase the Well Being
Of, and to Improve the Permanency Outcomes For, Children
Affected by Methamphetamine or Other Substance Abuse.--
(1) Reservation of funds.--Section 436(b) of such Act (42
U.S.C. 629f(b)), as amended by subsection (a)(1) of this
section, is amended by adding at the end the following:
``(5) Regional partnership grants.--The Secretary shall
reserve for awarding grants under section 437(f)--
``(A) $40,000,000 for fiscal year 2007;
``(B) $35,000,000 for fiscal year 2008;
``(C) $30,000,000 for fiscal year 2009; and
``(D) $20,000,000 for each of fiscal years 2010 and
2011.''.
(2) Targeted grants.--
(A) In general.--Section 437 of such Act (42 U.S.C. 629g)
is amended by adding at the end the following:
``(f) Targeted Grants to Increase the Well Being Of, and to
Improve the Permanency Outcomes For, Children Affected by
Methamphetamine or Other Substance Abuse.--
``(1) Purpose.--The purpose of this subsection is to
authorize the Secretary to make competitive grants to
regional partnerships to provide, through interagency
collaboration and integration of programs and services,
services and activities that are designed to increase the
well-being of, improve permanency outcomes for, and enhance
the safety of children who are in an out-of-home placement or
are at risk of being placed in an out-of-home placement as a
result of a parent's or caretaker's methamphetamine or other
substance abuse.
``(2) Regional partnership defined.--
``(A) In general.--In this subsection, the term `regional
partnership' means a collaborative agreement (which may be
established on an interstate or intrastate basis) entered
into by at least 2 of the following:
``(i) The State child welfare agency that is responsible
for the administration of the State plan under this part and
part E.
``(ii) The State agency responsible for administering the
substance abuse prevention and treatment block grant provided
under subpart II of part B of title XIX of the Public Health
Service Act.
``(iii) An Indian tribe or tribal consortium.
``(iv) Nonprofit child welfare service providers.
``(v) For-profit child welfare service providers.
``(vi) Community health service providers.
``(vii) Community mental health providers.
``(viii) Local law enforcement agencies.
``(ix) Judges and court personnel.
``(x) Juvenile justice officials.
``(xi) School personnel.
``(xii) Tribal child welfare agencies (or a consortia of
such agencies).
``(xiii) Any other providers, agencies, personnel,
officials, or entities that are related to the provision of
child and family services under this subpart.
``(B) Requirements.--
``(i) State child welfare agency partner.--Subject to
clause (ii)(I), a regional partnership entered into for
purposes of this subsection shall include the State child
welfare agency that is responsible for the administration of
the State plan under this part and part E as 1 of the
partners.
``(ii) Regional partnerships entered into by indian tribes
or tribal consortia.--If an Indian tribe or tribal consortium
enters into a regional partnership for purposes of this
subsection, the Indian tribe or tribal consortium--

``(I) may (but is not required to) include such State child
welfare agency as a partner in the collaborative agreement;
and
``(II) may not enter into a collaborative agreement only
with tribal child welfare agencies (or a consortium of such
agencies).

``(iii) No state agency only partnerships.--If a State
agency described in clause (i) or (ii) of subparagraph (A)
enters into a regional partnership for purposes of this
subsection, the State agency may not enter into a
collaborative agreement only with the other State agency
described in such clause (i) or (ii).
``(3) Authority to award grants.--
``(A) In general.--In addition to amounts authorized to be
appropriated to carry out this section, the Secretary shall
award grants under this subsection, from the amounts reserved
for each of fiscal years 2007 through 2011 under section
436(b)(5), to regional partnerships that satisfy the
requirements of this subsection, in amounts that are not less
than $500,000 and not more than $1,000,000 per grant per
fiscal year.
``(B) Required minimum period of approval.--A grant shall
be awarded under this subsection for a period of not less
than 2, and not more than 5, fiscal years.
``(4) Application requirements.--To be eligible for a grant
under this subsection, a regional partnership shall submit to
the Secretary a written application containing the following:
``(A) Recent evidence demonstrating that methamphetamine or
other substance abuse has had a substantial impact on the
number of out-of-home placements for children, or the number
of children who are at risk of being placed in an out-of-home
placement, in the partnership region.
``(B) A description of the goals and outcomes to be
achieved during the funding period for the grant that will--
``(i) enhance the well-being of children receiving services
or taking part in activities conducted with funds provided
under the grant;
``(ii) lead to safety and permanence for such children; and
``(iii) decrease the number of out-of-home placements for
children, or the number of children who are at risk of being
placed in an out-of-home placement, in the partnership
region.
``(C) A description of the joint activities to be funded in
whole or in part with the funds provided under the grant,
including the sequencing of the activities proposed to be
conducted under the funding period for the grant.
``(D) A description of the strategies for integrating
programs and services determined to be appropriate for the
child and where appropriate, the child's family.
``(E) A description of the strategies for--
``(i) collaborating with the State child welfare agency
described in paragraph (2)(A)(i) (unless that agency is the
lead applicant for the regional partnership); and
``(ii) consulting, as appropriate, with--

``(I) the State agency described in paragraph (2)(A)(ii);
and
``(II) the State law enforcement and judicial agencies.

To the extent the Secretary determines that the requirement
of this subparagraph would be inappropriate to apply to a
regional partnership that includes an Indian tribe, tribal
consortium, or a tribal child welfare agency or a consortium
of such agencies, the Secretary may exempt the regional
partnership from the requirement.
``(F) Such other information as the Secretary may require.
``(5) Use of funds.--Funds made available under a grant
made under this subsection shall only be used for services or
activities that are consistent with the purpose of this
subsection and may include the following:
``(A) Family-based comprehensive long-term substance abuse
treatment services.
``(B) Early intervention and preventative services.
``(C) Children and family counseling.
``(D) Mental health services.
``(E) Parenting skills training.
``(F) Replication of successful models for providing
family-based comprehensive long-term substance abuse
treatment services.
``(6) Matching requirement.--
``(A) Federal share.--A grant awarded under this subsection
shall be available to pay a percentage share of the costs of
services provided or activities conducted under such grant,
not to exceed--
``(i) 85 percent for the first and second fiscal years for
which the grant is awarded to a recipient;
``(ii) 80 percent for the third and fourth such fiscal
years; and
``(iii) 75 percent for the fifth such fiscal year.
``(B) Non-federal share.--The non-Federal share of the cost
of services provided or activities conducted under a grant
awarded under this subsection may be in cash or in kind. In
determining the amount of the non-Federal share, the
Secretary may attribute fair market value to goods, services,
and facilities contributed from non-Federal sources.
``(7) Considerations in awarding grants.--In awarding
grants under this subsection, the Secretary shall--
``(A) take into consideration the extent to which applicant
regional partnerships--
``(i) demonstrate that methamphetamine or other substance
abuse by parents or caretakers has had a substantial impact
on the number of out-of-home placements for children, or the
number of children who are at risk of being placed in an out-
of-home placement, in the partnership region;
``(ii) have limited resources for addressing the needs of
children affected by such abuse;
``(iii) have a lack of capacity for, or access to,
comprehensive family treatment services; and
``(iv) demonstrate a plan for sustaining the services
provided by or activities funded under the grant after the
conclusion of the grant period; and
``(B) after taking such factors into consideration, give
greater weight to awarding grants to regional partnerships
that propose to address methamphetamine abuse and addiction
in the partnership region (alone or in combination with other
drug abuse and addiction) and which demonstrate that
methamphetamine abuse and addiction (alone or in combination
with other drug abuse and addiction) is adversely affecting
child welfare in the partnership region.
``(8) Performance indicators.--
``(A) In general.--Not later than 9 months after the date
of enactment of this subsection, the Secretary shall
establish indicators that will be used to assess periodically
the performance of the grant recipients under this subsection
in using funds made available under such grants to achieve
the purpose of this subsection.
``(B) Consultation required.--In establishing the
performance indicators required by subparagraph (A), the
Secretary shall consult with the following:
``(i) The Assistant Secretary for the Administration for
Children and Families.
``(ii) The Administrator of the Substance Abuse and Mental
Health Services Administration.
``(iii) Representatives of States in which a State agency
described in clause (i) or (ii) of paragraph (2)(A) is a
member of a regional partnership that is a grant recipient
under this subsection.

[[Page S9816]]

``(iv) Representatives of Indian tribes, tribal consortia,
or tribal child welfare agencies that are members of a
regional partnership that is a grant recipient under this
subsection.
``(9) Reports.--
``(A) Grantee reports.--
``(i) Annual report.--Not later than September 30 of the
first fiscal year in which a recipient of a grant under this
subsection is paid funds under the grant, and annually
thereafter until September 30 of the last fiscal year in
which the recipient is paid funds under the grant, the
recipient shall submit to the Secretary a report on the
services provided or activities carried out during that
fiscal year with such funds. The report shall contain such
information as the Secretary determines is necessary to
provide an accurate description of the services provided or
activities conducted with such funds.
``(ii) Incorporation of information related to performance
indicators.--Each recipient of a grant under this subsection
shall incorporate into the first annual report required by
clause (i) that is submitted after the establishment of
performance indicators under paragraph (8), information
required in relation to such indicators.
``(B) Reports to congress.--On the basis of the reports
submitted under subparagraph (A), the Secretary annually
shall submit to the Committee on Ways and Means of the House
of Representatives and the Committee on Finance of the Senate
a report on--
``(i) the services provided and activities conducted with
funds provided under grants awarded under this subsection;
``(ii) the performance indicators established under
paragraph (8); and
``(iii) the progress that has been made in addressing the
needs of families with methamphetamine or other substance
abuse problems who come to the attention of the child welfare
system and in achieving the goals of child safety,
permanence, and family stability.''.
(B) Conforming amendments.--Section 437 of such Act (42
U.S.C. 629g) is amended--
(i) in the section heading, by inserting ``AND TARGETED''
after ``DISCRETIONARY''; and
(ii) in subsection (e), by striking ``this section'' and
inserting ``subsection (a)''.
(c) Evaluation, Research, and Technical Assistance With
Respect to Targeted Program Resources.--Section 435(c) of
such Act (42 U.S.C. 629e(c)) is amended to read as follows :
``(c) Evaluation, Research, and Technical Assistance With
Respect to Targeted Program Resources.--Of the amount
reserved under section 436(b)(1) for a fiscal year, the
Secretary shall use not less than--
``(1) $1,000,000 for evaluations, research, and providing
technical assistance with respect to supporting monthly
caseworker visits with children who are in foster care under
the responsibility of the State, in accordance with section
436(b)(4)(B)(i); and
``(2) $1,000,000 for evaluations, research, and providing
technical assistance with respect to grants under section
437(f).''.

SEC. 5. ALLOTMENTS AND GRANTS TO INDIAN TRIBES.

(a) Increase in Set-Asides for Indian Tribes.--
(1) Mandatory grants.--Section 436(b)(3) of the Social
Security Act (42 U.S.C. 629f(b)(3)) is amended by striking
``1'' and inserting ``3''.
(2) Discretionary grants.--Section 437(b)(3) of such Act
(42 U.S.C. 629g(b)(3)) is amended by striking ``2'' and
inserting ``3''.
(3) Effect of reservation of funds for targeted program
resources on amounts reserved for indian tribes.--Section
436(b)(3) of such Act (42 U.S.C. 629b(b)(3)) is amended by
striking ``The'' and inserting ``After applying paragraphs
(4) and (5) (but before applying paragraphs (1) or (2)),
the''.
(b) Authority for Tribal Consortia to Receive Allotments.--
(1) Allotment of mandatory funds.--
(A) In general.--Section 433(a) of such Act (42 U.S.C.
629c(a)) is amended--
(i) in the subsection heading, by inserting ``or Tribal
Consortia'' after ``Tribes''; and
(ii) by adding at the end the following new sentence: ``If
a consortium of Indian tribes submits a plan approved under
this subpart, the Secretary shall allot to the consortium an
amount equal to the sum of the allotments determined for each
Indian tribe that is part of the consortium.''.
(B) Conforming amendment.--Section 436(b)(3) of such Act
(42 U.S.C. 629f(b)(3)) is amended--
(i) in the paragraph heading, by inserting ``or tribal
consortia'' after ``tribes''; and
(ii) by inserting ``or tribal consortia'' after ``Indian
tribes''.
(2) Allotment of any discretionary funds.--Section 437 of
such Act (42 U.S.C. 629g) is amended--
(A) in subsection (b)(3)--
(i) in the paragraph heading, by inserting ``or tribal
consortia'' after ``tribes''; and
(ii) by inserting ``or tribal consortia'' after ``Indian
tribes''; and
(B) in subsection (c)(1)--
(i) in the paragraph heading, by inserting ``or tribal
consortia'' after ``tribes''; and
(ii) by adding at the end the following new sentence: ``If
a consortium of Indian tribes applies and is approved for a
grant under this section, the Secretary shall allot to the
consortium an amount equal to the sum of the allotments
determined for each Indian tribe that is part of the
consortium.''.
(3) Additional conforming amendments.--
(A) Plans of indian tribes.--Section 432(b)(2) of such Act
(42 U.S.C. 629b(b)(2)) is amended--
(i) in the paragraph heading, by inserting ``or tribal
consortia'' after ``tribes'';
(ii) in subparagraph (A), by inserting ``or tribal
consortium'' after ``Indian tribe'' each place it appears;
and
(iii) in subparagraph (B)--

(I) by inserting ``or tribal consortium'' after ``Indian
tribe''; and
(II) by inserting ``and tribal consortia'' after ``Indian
tribes''.

(B) Direct payments to tribal organizations.--Section
434(c) of such Act (42 U.S.C. 629d(c)) is amended--
(i) in the subsection heading, by inserting ``or Tribal
Consortia'' after ``Tribes''; and
(ii) by inserting ``or tribal consortium'' after ``Indian
tribe'' the first place it appears; and
(iii) by inserting ``or in the case of a payment to a
tribal consortium, such tribal organizations of, or entity
established by, the Indian tribes that are part of the
consortium as the consortium shall designate'' before the
period.
(C) Evaluations; research; technical assistance.--Section
435(d) of such Act (42 U.S.C. 629e(d)) is amended in the
matter preceding paragraph (1), by inserting ``or tribal
consortia'' after ``Indian tribes''.
(c) Collection of Data on Tribal Promoting Safe and Stable
Families Plans.--Section 432(b)(2)(A) of such Act (42 U.S.C.
629b(b)(2)(A)), as amended by subsection (b)(3)(A)(ii) of
this section, is amended by striking ``any requirement of
this section that the Secretary determines'' and inserting
``the requirements of subsection (a)(4) of this section to
the extent that the Secretary determines those
requirements''.

SEC. 6. IMPROVEMENTS TO THE CHILD WELFARE SERVICES PROGRAM.

(a) Funding.--Subpart 1 of part B of title IV of the Social
Security Act (42 U.S.C. 620-628b) is amended by striking
sections 420 and 425 and inserting after section 424 the
following:

``LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS

``Sec. 425.  To carry out this subpart, there are
authorized to be appropriated to the Secretary not more than
$325,000,000 for each of fiscal years 2007 through 2011.''.
(b) Purpose of Program.--Such subpart is further amended--
(1) by striking section 424;
(2) by redesignating sections 421 and 423 as sections 423
and 424, respectively, and by transferring section 423 (as so
redesignated) so that it appears after section 422; and
(3) by inserting after the subpart heading the following:

``PURPOSE

``Sec. 421.  The purpose of this subpart is to promote
State flexibility in the development and expansion of a
coordinated child and family services program that utilizes
community-based agencies and ensures all children are raised
in safe, loving families, by--
``(1) protecting and promoting the welfare of all children;
``(2) preventing the neglect, abuse, or exploitation of
children;
``(3) supporting at-risk families through services which
allow children, where appropriate, to remain safely with
their families or return to their families in a timely
manner;
``(4) promoting the safety, permanence, and well-being of
children in foster care and adoptive families; and
``(5) providing training, professional development and
support to ensure a well-qualified child welfare
workforce.''.
(c) Modification of State Plan Requirements.--Section 422
of such Act (42 U.S.C. 622) is amended--
(1) in subsection (b)--
(A) by striking paragraphs (3) through (5) and inserting
the following:
``(3) include a description of the services and activities
which the State will fund under the State program carried out
pursuant to this subpart, and how the services and activities
will achieve the purpose of this subpart;'';
(B) by striking paragraph (6) and inserting after paragraph
(3) (as added by subparagraph (A) of this paragraph) the
following:
``(4) contain a description of--
``(A) the steps the State will take to provide child
welfare services statewide and to expand and strengthen the
range of existing services and develop and implement services
to improve child outcomes; and
``(B) the child welfare services staff development and
training plans of the State;'';
(C) by redesignating paragraphs (7) through (9) as
paragraphs (5) through (7), respectively;
(D) in paragraph (10)--
(i) by striking subparagraph (A);
(ii) in subparagraph (B)(iii)(II), by inserting ``, which
may include a residential educational program'' after ``in
some other planned, permanent living arrangement'';
(iii) by redesignating subparagraph (B) as subparagraph
(A); and
(iv) by striking subparagraph (C) and inserting after
subparagraph (A) the following:
``(B) has in effect policies and administrative and
judicial procedures for children abandoned at or shortly
after birth (including policies and procedures providing for
legal representation of the children) which enable permanent
decisions to be made expeditiously with respect to the
placement of the children;'';

[[Page S9817]]

(E) in paragraph (14), by striking ``and'' at the end;
(F) in paragraph (15), by striking the period and inserting
a semicolon;
(G) by redesignating paragraphs (10) through (15) as
paragraphs (8) through (13), respectively; and
(H) by adding at the end the following:
``(14) not later than October 1, 2007, include assurances
that not more than 10 percent of the expenditures of the
State with respect to activities funded from amounts provided
under this subpart will be for administrative costs;
``(15) describe how the State actively consults with and
involves physicians or other appropriate medical
professionals in--
``(A) assessing the health and well-being of children in
foster care under the responsibility of the State; and
``(B) determining appropriate medical treatment for the
children; and
``(16) provide that, not later than 1 year after the date
of the enactment of this paragraph, the State shall have in
place procedures providing for how the State programs
assisted under this subpart, subpart 2 of this part, or part
E would respond to a disaster, in accordance with criteria
established by the Secretary which should include how a State
would--
``(A) identify, locate, and continue availability of
services for children under State care or supervision who are
displaced or adversely affected by a disaster;
``(B) respond, as appropriate, to new child welfare cases
in areas adversely affected by a disaster, and provide
services in those cases;
``(C) remain in communication with caseworkers and other
essential child welfare personnel who are displaced because
of a disaster;
``(D) preserve essential program records; and
``(E) coordinate services and share information with other
States.''; and
(2) by adding at the end the following:
``(c) Definitions.--In this subpart:
``(1) Administrative costs.--The term `administrative
costs' means costs for the following, but only to the extent
incurred in administering the State plan developed pursuant
to this subpart: procurement, payroll management, personnel
functions (other than the portion of the salaries of
supervisors attributable to time spent directly supervising
the provision of services by caseworkers), management,
maintenance and operation of space and property, data
processing and computer services, accounting, budgeting,
auditing, and travel expenses (except those related to the
provision of services by caseworkers or the oversight of
programs funded under this subpart).
``(2) Other terms.--For definitions of other terms used in
this part, see section 475.''.
(d) Provisions Relating to State Allotments.--Section 423
of such Act, as so redesignated by subsection (b)(2) of this
section, is amended--
(1) in subsection (a)--
(A) by inserting ``In General.--'' after ``(a)''; and
(B) by striking ``420'' and inserting ``425''; and
(2) in subsection (b), by inserting ``Determination of
State Allotment Percentages.--'' after ``(b)'';
(3) in subsection (c), by inserting ``Promulgation of State
Allotment Percentages.--'' after ``(c)'';
(4) in subsection (d)--
(A) by inserting ``United States Defined.--'' after
``(d)''; and
(B) by striking ``fifty'' and inserting ``50''; and
(5) by adding at the end the following:
``(e) Reallotment of Funds.--
``(1) In general.--The amount of any allotment to a State
for a fiscal year under the preceding provisions of this
section which the State certifies to the Secretary will not
be required for carrying out the State plan developed as
provided in section 422 shall be available for reallotment
from time to time, on such dates as the Secretary may fix, to
other States which the Secretary determines--
``(A) need sums in excess of the amounts allotted to such
other States under the preceding provisions of this section,
in carrying out their State plans so developed; and
``(B) will be able to so use such excess sums during the
fiscal year.
``(2) Considerations.--The Secretary shall make the
reallotments on the basis of the State plans so developed,
after taking into consideration--
``(A) the population under 21 years of age;
``(B) the per capita income of each of such other States as
compared with the population under 21 years of age; and
``(C) the per capita income of all such other States with
respect to which such a determination by the Secretary has
been made.
``(3) Amounts reallotted to a state deemed part of state
allotment.--Any amount so reallotted to a State is deemed
part of the allotment of the State under this section.''.
(e) Payments to States; Limitations on Use of Funds.--
(1) Limitations related to state expenditures for child
care, foster care maintenance payments, and adoption
assistance payments.--Section 424 of such Act, as so
redesignated by subsection (b)(2) of this section, is amended
by striking subsections (c) and (d) and inserting the
following:
``(c) Limitation on Use of Federal Funds for Child Care,
Foster Care Maintenance Payments, or Adoption Assistance
Payments.--The total amount of Federal payments under this
subpart for a fiscal year beginning after September 30, 2007,
that may be used by a State for expenditures for child care,
foster care maintenance payments, or adoption assistance
payments shall not exceed the total amount of such payments
for fiscal year 2005 that were so used by the State.
``(d) Limitation on Use by States of Non-Federal Funds for
Foster Care Maintenance Payments to Match Federal Funds.--For
any fiscal year beginning after September 30, 2007, State
expenditures of non-Federal funds for foster care maintenance
payments shall not be considered to be expenditures under the
State plan developed under this subpart for the fiscal year
to the extent that the total of such expenditures for the
fiscal year exceeds the total of such expenditures under the
State plan developed under this subpart for fiscal year
2005.''.
(2) Limitation on administrative cost reimbursement.--
(A) In general.--Section 424 of such Act (42 U.S.C. 623),
as so redesignated by subsection (b)(2) of this section, is
amended by adding at the end the following:
``(e) Limitation on Reimbursement for Administrative
Costs.--A payment may not be made to a State under this
section with respect to expenditures during a fiscal year for
administrative costs, to the extent that the total amount of
the expenditures exceeds 10 percent of the total expenditures
of the State during the fiscal year for activities funded
from amounts provided under this subpart.''.
(B) Effective date.--The amendment made by subparagraph (A)
shall apply to expenditures made on or after October 1, 2007.
(f) Conforming Amendments.--
(1) Section 428(b) of such Act (42 U.S.C. 628(b)) is
amended by striking ``421'' and inserting ``423''.
(2) Section 429 of such Act (42 U.S.C. 628a) is amended--
(A)(i) by striking the following:

``CHILD WELFARE TRAINEESHIPS

``Sec. 429.  The Secretary''; and
(ii) inserting the following:
``(c) Child Welfare Traineeships.--The Secretary''; and
(B) by transferring the provision to the end of section 426
(as amended by section 11(b) of this Act).
(3) Section 429A of such Act (42 U.S.C. 628b) is
redesignated as section 429.
(4) Section 433(b) of such Act (42 U.S.C. 629c(b)) is
amended by striking ``421'' and inserting ``423''.
(5) Section 437(c)(2) of such Act (42 U.S.C. 629g(c)(2)) is
amended by striking ``421'' and inserting ``423''.
(6) Section 472(d) of such Act (42 U.S.C. 672(d)) is
amended by striking ``422(b)(10)'' and inserting
``422(b)(8)''.
(7) Section 473A(f) of such Act (42 U.S.C. 673b(f)) is
amended by striking ``423'' and inserting ``424''.
(8) Section 1130(b)(1) of such Act (42 U.S.C. 1320a-
9(b)(1)) is amended to read as follows:.
``(1) any provision of section 422(b)(8), or section 479;
or''.
(9) Section 104(b)(3) of the Intercountry Adoption Act of
2000 (42 U.S.C. 14914(b)(3)) is amended by striking
``422(b)(14) of the Social Security Act, as amended by
section 205 of this Act'' and inserting ``422(b)(12) of the
Social Security Act''.

SEC. 7. MONTHLY CASEWORKER STANDARD.

(a) State Plan Requirement.--Section 422(b) of the Social
Security Act (42 U.S.C. 622(b)), as amended by section 6(c)
of this Act, is amended--
(1) by striking ``and'' at the end of paragraph (15);
(2) by striking the period at the end of paragraph (16) and
inserting ``; and''; and
(3) by adding at the end the following:
``(17) not later than October 1, 2007, describe the State
standards for the content and frequency of caseworker visits
for children who are in foster care under the responsibility
of the State, which, at a minimum, ensure that the children
are visited on a monthly basis and that the caseworker visits
are well-planned and focused on issues pertinent to case
planning and service delivery to ensure the safety,
permanency, and well-being of the children.''.
(b) Enforcement.--Section 424 of the Social Security Act,
as so redesignated by section 6(b)(2) of this Act, is amended
by adding at the end the following:
``(e)(1) The Secretary may not make a payment to a State
under this subpart for a period in fiscal year 2008, unless
the State has provided to the Secretary data which shows, for
fiscal year 2007--
``(A) the percentage of children in foster care under the
responsibility of the State who were visited on a monthly
basis by the caseworker handling the case of the child; and
``(B) the percentage of the visits that occurred in the
residence of the child.
``(2)(A) Based on the data provided by a State pursuant to
paragraph (1), the Secretary, in consultation with the State,
shall establish, not later than June 30, 2008, an outline of
the steps to be taken to ensure, by October 1, 2011, that at
least 90 percent of the children in foster care under the
responsibility of the State are visited by their caseworkers
on a monthly basis, and that the majority of the visits occur
in the residence of the child. The outline shall include
target percentages to be reached each fiscal year,

[[Page S9818]]

and should include a description of how the steps will be
implemented. The steps may include activities designed to
improve caseworker retention, recruitment, training, and
ability to access the benefits of technology.
``(B) Beginning October 1, 2008, if the Secretary
determines that a State has not made the requisite progress
in meeting the goal described in subparagraph (A) of this
paragraph, then the percentage that shall apply for purposes
of subsection (a) of this section for the period involved
shall be the percentage set forth in such subsection (a)
reduced by--
``(i) 1, if the number of full percentage points by which
the State fell short of the target percentage established for
the State for the period pursuant to such subparagraph is
less than 10;
``(ii) 3, if the number of full percentage points by which
the State fell short, as described in clause (i), is not less
than 10 and less than 20; or
``(iii) 5, if the number of full percentage points by which
the State fell short, as described in clause (i), is not less
than 20.''.
(c) Reports.--
(1) Progress report.--Not later than March 31, 2010, the
Secretary of Health and Human Services shall submit to the
Committee on Ways and Means of the House of Representatives
and the Committee on Finance of the Senate a report that
outlines the progress made by the States in meeting the
standards referred to in section 422(b)(17) of the Social
Security Act, and offers recommendations developed in
consultation with State officials responsible for
administering child welfare programs and members of the State
legislature to assist States in their efforts to ensure that
foster children are visited on a monthly basis.
(2) Inclusion of information on caseworker visits in annual
child well-being outcome reports.--Section 479A of such Act
(42 U.S.C. 679b) is amended--
(A) by striking ``and'' at the end of paragraph (4);
(B) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(C) by adding at the end the following:
``(6) include in the report submitted pursuant to paragraph
(5) for fiscal year 2007 or any succeeding fiscal year,
State-by-State data on--
``(A) the percentage of children in foster care under the
responsibility of the State who were visited on a monthly
basis by the caseworker handling the case of the child; and
``(B) the percentage of the visits that occurred in the
residence of the child.''.

SEC. 8. REAUTHORIZATION OF PROGRAM FOR MENTORING CHILDREN OF
PRISONERS.

(a) In General.--Section 439 of the Social Security Act (42
U.S.C. 629i) is amended--
(1) in subsection (c), by striking ``2002 through 2006''
and inserting ``2007 through 2011''; and
(2) in subsection (h)--
(A) by striking paragraph (1) and inserting the following:
``(1) Limitations on authorization of appropriations.--To
carry out this section, there are authorized to be
appropriated to the Secretary such sums as may be necessary
for fiscal years 2007 through 2011.''; and
(B) in paragraph (2), by striking ``2.5'' and inserting
``4''.
(b) Service Delivery Demonstration Project.--
(1) In general.--Section 439 of such Act (42 U.S.C. 629i),
as amended by subsection (a) of this section, is amended--
(A) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(B) by inserting after subsection (f) the following:
``(g) Service Delivery Demonstration Project.--
``(1) Purpose; authority to enter into cooperative
agreement.--The Secretary shall enter into a cooperative
agreement with an eligible entity that meets the requirements
of paragraph (2) for the purpose of requiring the entity to
conduct a demonstration project consistent with this
subsection under which the entity shall--
``(A) identify children of prisoners in need of mentoring
services who have not been matched with a mentor by an
applicant awarded a grant under this section, with a priority
for identifying children who--
``(i) reside in an area not served by a recipient of a
grant under this section;
``(ii) reside in an area that has a substantial number of
children of prisoners;
``(iii) reside in a rural area; or
``(iv) are Indians;
``(B) provide the families of the children so identified
with--
``(i) a voucher for mentoring services that meets the
requirements of paragraph (5); and
``(ii) a list of the providers of mentoring services in the
area in which the family resides that satisfy the
requirements of paragraph (6); and
``(C) monitor and oversee the delivery of mentoring
services by providers that accept the vouchers.
``(2) Eligible entity.--
``(A) In general.--Subject to subparagraph (B), an eligible
entity under this subsection is an organization that the
Secretary determines, on a competitive basis--
``(i) has substantial experience--

``(I) in working with organizations that provide mentoring
services for children of prisoners; and
``(II) in developing quality standards for the
identification and assessment of mentoring programs for
children of prisoners; and

``(ii) submits an application that satisfies the
requirements of paragraph (3).
``(B) Limitation.--An organization that provides mentoring
services may not be an eligible entity for purposes of being
awarded a cooperative agreement under this subsection.
``(3) Application requirements.--To be eligible to be
awarded a cooperative agreement under this subsection, an
entity shall submit to the Secretary an application that
includes the following:
``(A) Qualifications.--Evidence that the entity--
``(i) meets the experience requirements of paragraph
(2)(A)(i); and
``(ii) is able to carry out--

``(I) the purposes of this subsection identified in
paragraph (1); and
``(II) the requirements of the cooperative agreement
specified in paragraph (4).

``(B) Service delivery plan.--
``(i) Distribution requirements.--Subject to clause (iii),
a description of the plan of the entity to ensure the
distribution of not less than--

``(I) 3,000 vouchers for mentoring services in the first
year in which the cooperative agreement is in effect with
that entity;
``(II) 8,000 vouchers for mentoring services in the second
year in which the agreement is in effect with that entity ;
and
``(III) 13,000 vouchers for mentoring services in any
subsequent year in which the agreement is in effect with that
entity.

``(ii) Satisfaction of priorities.--A description of how
the plan will ensure the delivery of mentoring services to
children identified in accordance with the requirements of
paragraph (1)(A).
``(iii) Secretarial authority to modify distribution
requirement.--The Secretary may modify the number of vouchers
specified in subclauses (I) through (III) of clause (i) to
take into account the availability of appropriations and the
need to ensure that the vouchers distributed by the entity
are for amounts that are adequate to ensure the provision of
mentoring services for a 12-month period.
``(C) Collaboration and cooperation.--A description of how
the entity will ensure collaboration and cooperation with
other interested parties, including courts and prisons, with
respect to the delivery of mentoring services under the
demonstration project.
``(D) Other.--Any other information that the Secretary may
find necessary to demonstrate the capacity of the entity to
satisfy the requirements of this subsection.
``(4) Cooperative agreement requirements.--A cooperative
agreement awarded under this subsection shall require the
eligible entity to do the following:
``(A) Identify quality standards for providers.--To work
with the Secretary to identify the quality standards that a
provider of mentoring services must meet in order to
participate in the demonstration project and which, at a
minimum, shall include criminal records checks for
individuals who are prospective mentors and shall prohibit
approving any individual to be a mentor if the criminal
records check of the individual reveals a conviction which
would prevent the individual from being approved as a foster
or adoptive parent under section 471(a)(20)(A).
``(B) Identify eligible providers.--To identify and compile
a list of those providers of mentoring services in any of the
50 States or the District of Columbia that meet the quality
standards identified pursuant to subparagraph (A).
``(C) Identify eligible children.--To identify children of
prisoners who require mentoring services, consistent with the
priorities specified in paragraph (1)(A).
``(D) Monitor and oversee delivery of mentoring services.--
To satisfy specific requirements of the Secretary for
monitoring and overseeing the delivery of mentoring services
under the demonstration project, which shall include a
requirement to ensure that providers of mentoring services
under the project report data on the children served and the
types of mentoring services provided.
``(E) Records, reports, and audits.--To maintain any
records, make any reports, and cooperate with any reviews and
audits that the Secretary determines are necessary to oversee
the activities of the entity in carrying out the
demonstration project under this subsection.
``(F) Evaluations.--To cooperate fully with any evaluations
of the demonstration project, including collecting and
monitoring data and providing the Secretary or the
Secretary's designee with access to records and staff related
to the conduct of the project.
``(G) Limitation on administrative expenditures.--To ensure
that administrative expenditures incurred by the entity in
conducting the demonstration project with respect to a fiscal
year do not exceed the amount equal to 10 percent of the
amount awarded to carry out the project for that year.
``(5) Voucher requirements.--A voucher for mentoring
services provided to the family of a child identified in
accordance with paragraph (1)(A) shall meet the following
requirements:
``(A) Total payment amount; 12-month service period.--The
voucher shall specify the total amount to be paid a provider
of mentoring services for providing the child on

[[Page S9819]]

whose behalf the voucher is issued with mentoring services
for a 12-month period.
``(B) Periodic payments as services provided.--
``(i) In general.--The voucher shall specify that it may be
redeemed with the eligible entity by the provider accepting
the voucher in return for agreeing to provide mentoring
services for the child on whose behalf the voucher is issued.
``(ii) Demonstration of the provision of services.--A
provider that redeems a voucher issued by the eligible entity
shall receive periodic payments from the eligible entity
during the 12-month period that the voucher is in effect upon
demonstration of the provision of significant services and
activities related to the provision of mentoring services to
the child on whose behalf the voucher is issued.
``(6) Provider requirements.--In order to participate in
the demonstration project, a provider of mentoring services
shall--
``(A) meet the quality standards identified by the eligible
entity in accordance with paragraph (1);
``(B) agree to accept a voucher meeting the requirements of
paragraph (5) as payment for the provision of mentoring
services to a child on whose behalf the voucher is issued;
``(C) demonstrate that the provider has the capacity, and
has or will have nonfederal resources, to continue supporting
the provision of mentoring services to the child on whose
behalf the voucher is issued, as appropriate, after the
conclusion of the 12-month period during which the voucher is
in effect; and
``(D) if the provider is a recipient of a grant under this
section, demonstrate that the provider has exhausted its
capacity for providing mentoring services under the grant.
``(7) 3-year period; option for renewal.--
``(A) In general.--A cooperative agreement awarded under
this subsection shall be effective for a 3-year period.
``(B) Renewal.--The cooperative agreement may be renewed
for an additional period, not to exceed 2 years and subject
to any conditions that the Secretary may specify that are not
inconsistent with the requirements of this subsection or
subsection (i)(2)(B), if the Secretary determines that the
entity has satisfied the requirements of the agreement and
evaluations of the service delivery demonstration project
demonstrate that the voucher service delivery method is
effective in providing mentoring services to children of
prisoners.
``(8) Independent evaluation and report.--
``(A) In general.--The Secretary shall enter into a
contract with an independent, private organization to
evaluate and prepare a report on the first 2 fiscal years in
which the demonstration project is conducted under this
subsection.
``(B) Deadline for report.--Not later than 90 days after
the end of the second fiscal year in which the demonstration
project is conducted under this subsection, the Secretary
shall submit the report required under subparagraph (A) to
the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate.
The report shall include--
``(i) the number of children as of the end of such second
fiscal year who received vouchers for mentoring services; and
``(ii) any conclusions regarding the use of vouchers for
the delivery of mentoring services for children of prisoners.
``(9) No effect on eligibility for other federal
assistance.--A voucher provided to a family under the
demonstration project conducted under this subsection shall
be disregarded for purposes of determining the eligibility
for, or the amount of, any other Federal or federally-
supported assistance for the family.''.
(2) Conforming amendments.--Section 439 of such Act (42
U.S.C. 629i), as amended by subsection (a) of this section
and paragraph (1) of this subsection, is amended--
(A) in subsection (a)--
(i) in the subsection heading, by striking ``Purpose'' and
inserting ``Purposes''; and
(ii) in paragraph (2)--

(I) in the paragraph heading, by striking ``Purpose'' and
inserting ``Purposes'';
(II) by striking ``The purpose of this section is to
authorize the Secretary to make competitive'' and inserting
``The purposes of this section are to authorize the
Secretary--

``(A) to make competitive'';
(iii) by striking the period at the end and inserting ``;
and''; and
(iv) by adding at the end the following:
``(B) to enter into on a competitive basis a cooperative
agreement to conduct a service delivery demonstration project
in accordance with the requirements of subsection (g).'';
(B) in subsection (c)--
(i) by striking ``(h)'' and inserting ``(i)''; and
(ii) by striking ``(h)(2)'' and inserting ``(i)(2)'';
(C) by amending subsection (h) (as so redesignated by
paragraph (1)(A) of this subsection) to read as follows:
``(h) Independent Evaluation; Reports.--
``(1) Independent evaluation.--The Secretary shall conduct
by grant, contract, or cooperative agreement an independent
evaluation of the programs authorized under this section,
including the service delivery demonstration project
authorized under subsection (g).
``(2) Reports.--Not later than 12 months after the date of
enactment of this subsection, the Secretary shall submit a
report to the Congress that includes the following:
``(A) The characteristics of the mentoring programs funded
under this section.
``(B) The plan for implementation of the service delivery
demonstration project authorized under subsection (g).
``(C) A description of the outcome-based evaluation of the
programs authorized under this section that the Secretary is
conducting as of that date of enactment and how the
evaluation has been expanded to include an evaluation of the
demonstration project authorized under subsection (g).
``(D) The date on which the Secretary shall submit a final
report on the evaluation to the Congress.''; and
(D) in subsection (i) (as so redesignated)--
(i) in the subsection heading, by striking ``Reservation''
and inserting ``Reservations''; and
(ii) in paragraph (2)--

(I) by amending the paragraph heading to read as follows:
``Reservations'';
(II) by striking ``The'' and inserting the following:

``(A) Research, technical assistance, and evaluation.--
The''; and

(III) by adding at the end the following:

``(B) Service delivery demonstration project.--
``(i) In general.--Subject to clause (ii), for purposes of
awarding a cooperative agreement to conduct the service
delivery demonstration project authorized under subsection
(g), the Secretary shall reserve not more than--

``(I) $5,000,000 of the amount appropriated under paragraph
(1) for the first fiscal year in which funds are to be
awarded for the agreement;
``(II) $10,000,000 of the amount appropriated under
paragraph (1) for the second fiscal year in which funds are
to be awarded for the agreement; and
``(III) $15,000,000 of the amount appropriated under
paragraph (1) for the third fiscal year in which funds are to
be awarded for the agreement.

``(ii) Assurance of funding for general program grants.--
With respect to any fiscal year, no funds may be awarded for
a cooperative agreement under subsection (g), unless at least
$25,000,000 of the amount appropriated under paragraph (1)
for that fiscal year is used by the Secretary for making
grants under this section for that fiscal year.''.

SEC. 9. REAUTHORIZATION OF THE COURT IMPROVEMENT PROGRAM.

Section 438 of the Social Security Act (42 U.S.C. 629h) is
amended in each of subsections (c)(1)(A) and (d) by striking
``2006'' and inserting ``2011''.

SEC. 10. REQUIREMENT FOR FOSTER CARE PROCEEDING TO INCLUDE,
IN AN AGE-APPROPRIATE MANNER, CONSULTATION WITH
THE CHILD THAT IS THE SUBJECT OF THE
PROCEEDING.

Section 475(5)(C) of the Social Security Act (42 U.S.C.
675(5)(C)) is amended--
(1) by inserting ``(i)'' after ``with respect to each such
child,'';
(2) by striking ``and procedural safeguards shall also''
and inserting ``(ii) procedural safeguards shall''; and
(3) by inserting ``and (iii) procedural safeguards shall be
applied to assure that in any permanency hearing held with
respect to the child, including any hearing regarding the
transition of the child from foster care to independent
living, the court or administrative body conducting the
hearing consults, in an age-appropriate manner, with the
child regarding the proposed permanency or transition plan
for the child;'' after ``parents;''.

SEC. 11. TECHNICAL AMENDMENTS.

(a) Updating of Archaic Language.--
(1) Section 423 of the Social Security Act, as so
redesignated by section 6(b)(2) of this Act--
(A) is amended by striking ``per centum'' and inserting
``percent''; and
(B) by striking ``He'' and inserting ``The Secretary''.
(2) Section 424(a) of such Act, as so redesignated by
section 6(b)(2) of this Act, is amended by striking ``per
centum'' and inserting ``percent''.
(b) Elimination of Obsolete Provision.--Section 426 of such
Act (42 U.S.C. 626) is amended by striking subsection (b) and
redesignating subsection (c) as subsection (b).
(c) Technical Correction.--Section 431(a)(6) of such Act
(42 U.S.C. 629a(a)(6)) is amended by striking ``1986'' and
inserting ``1996''.

SEC. 12. EFFECTIVE DATES.

(a) In General.--Except as otherwise provided in this Act,
the amendments made by this Act shall take effect on October
1, 2006, and shall apply to payments under parts B and E of
title IV of the Social Security Act for calendar quarters
beginning on or after such date, without regard to whether
regulations to implement the amendments are promulgated by
such date.
(b) Delay Permitted if State Legislation Required.--If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is
required in order for a State plan developed pursuant to
subpart 1 of part B, or a State plan approved under subpart 2
of part B or part E, of title IV of the Social Security Act
to meet the additional requirements imposed by the amendments
made by this Act, the plan shall not be regarded as failing
to meet any of the additional requirements before the 1st day
of the 1st calendar quarter beginning after the first regular
session of the State legislature

[[Page S9820]]

that begins after the date of the enactment of this Act. If
the State has a 2-year legislative session, each year of the
session is deemed to be a separate regular session of the
State legislature.
(c) Availability of Promoting Safe and Stable Families
Resources for Fiscal Year 2006.--Section 3(c) shall take
effect on the date of the enactment of this Act.

______

SA 5025. Mr. McCONNELL (for Mr. Grassley (for himself, Mr. Baucus,
Mr. Hatch, Mr. Rockefeller, and Ms. Snowe)) proposed an amendment to
the bill S. 3525, to reauthorize the safe and stable families program,
and for other purposes; as follows:

In lieu of the matter proposed to be inserted by the
amendment of the House to the title of the Act, insert the
following: ``An Act to amend part B of title IV of the Social
Security Act to reauthorize the promoting safe and stable
families program, and for other purposes.''.

____________________