S.Amdt. 541

SA 541. Mr. KYL submitted an amendment intended to be proposed to
amendment SA 375 proposed by Mr. Craig (for himself and Mr. Kennedy) to
the bill H.R. 1268, Making emergency supplemental appropriations for
the fiscal year ending September 30, 2005, to establish and rapidly
implement regulations for State driver's license and identification
document security standards, to prevent terrorists from abusing the
asylum laws of the United States, to unify terrorism-related grounds
for inadmissibility and removal, to ensure expeditious construction of
the San Diego border fence, and for other purposes; which was ordered
to lie on the table; as follows:

Beginning on page 13, strike line 4 and all that follows
through page 35, line 23, and insert the following:
(d) Applications.--
(1) To whom may be made.--
(A) Within the united states.--The Secretary shall provide
that applications for temporary resident status under
subsection (a) may be filed--
(i) with the Secretary, but only if the applicant is
represented by an attorney; 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.
(B) Preliminary applications.--
(i) In general.--During the application period described in
subsection (a)(1)(B), the Secretary may grant admission to
the United States as a temporary resident and provide an
``employment authorized'' endorsement or other appropriate
work permit to any alien who presents a preliminary
application for such status under subsection (a) at a
designated port of entry on the southern land border of the
United States. An alien who does not enter through a port of
entry is subject to deportation and removal as otherwise
provided in this Act.
(ii) Definition.--For purposes of clause (i), the term
``preliminary application'' means a fully completed and
signed application which contains specific information
concerning the performance of qualifying employment in the
United States, together with the payment of the appropriate
fee and the submission of photographs and the documentary
evidence which the applicant intends to submit as proof of
such employment.
(iii) Eligibility.--An applicant under clause (i) shall
otherwise be admissible to the United States under subsection
(e)(2) and shall establish to the satisfaction of the
examining officer during an interview that the applicant's
claim to eligibility for temporary resident status is
credible.
(C) Travel documentation.--The Secretary shall provide each
alien granted status under this section with a counterfeit-
resistant document of authorization to enter or reenter the
United States that meets the requirements established by 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 Act
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) 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) 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)).
(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) 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)(i)(II) but shall not forward
to the Secretary applications filed with it unless the
applicant has consented to such forwarding. No such entity
may make a determination required by this section to be made
by the Secretary. Upon the request of the alien, a qualified
designated entity shall assist the alien in obtaining
documentation of the work history of the alien.
(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).
(7) Penalties for false statements in applications.--
(A) Criminal penalty.--Any person who--
(i) files an application for status under subsection (a)
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) 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 subsection (a); 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
subsection (a).
(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), the following rules shall apply:
(A) Grounds of exclusion not applicable.--The provisions of
paragraphs (5), (6)(A), (7)(A), and (9)(B) 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
temporary resident status under subsection (a) (but for the
fact that the alien may not apply for such status until the
beginning of

[[Page S3944]]

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 temporary resident 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 temporary resident status under subsection
(a) 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 to carry out this section
$40,000,000 for each of fiscal years 2006 through 2009.

SEC. 712. CORRECTION OF SOCIAL SECURITY RECORDS.

(a) In General.--Section 208(d)(1) of the Social Security
Act (42 U.S.C. 408(d)(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 status as a lawful temporary resident
under the Agricultural Job Opportunity, Benefits, and
Security Act of 2005,''; 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 lawful temporary resident 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 enactment of this Act.
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