[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2087 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 2087

    To amend the Immigration and Nationality Act to provide for the 
  employment of foreign agricultural workers, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 13, 2005

 Mr. Chambliss introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To amend the Immigration and Nationality Act to provide for the 
  employment of foreign agricultural workers, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Agricultural 
Employment and Workforce Protection Act of 2005''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                        TITLE I--BORDER SECURITY

Sec. 101. Comprehensive plan to control the borders of the United 
                            States.
Sec. 102. Use of Department of Defense equipment for surveillance of 
                            international land borders of the United 
                            States.
Sec. 103. Ports of entry.
Sec. 104. Additional customs and border protection officers.
Sec. 105. Interior enforcement.
Sec. 106. Expanding category of inadmissible aliens.
                    TITLE II--TEMPORARY H-2A WORKERS

Sec. 201. Definition.
Sec. 202. Admission of temporary H-2A workers.
Sec. 203. Legal assistance from the Legal Services Corporation.
                      TITLE III--BLUE CARD PROGRAM

Sec. 301. Admission of necessary agricultural workers.
Sec. 302. Effective date.

                        TITLE I--BORDER SECURITY

SEC. 101. COMPREHENSIVE PLAN TO CONTROL THE BORDERS OF THE UNITED 
              STATES.

    (a) In General.--The Secretary of Homeland Security shall prepare 
and submit to Congress, at the earliest practicable date, a 
comprehensive plan to--
            (1) establish operational control of the borders of the 
        United States; and
            (2) effectively enforce the immigration laws of the United 
        States in the interior of the United States.
    (b) Contents.--The plan described in subsection (a) shall include--
            (1) detailed strategies;
            (2) time lines for implementation; and
            (3) cost estimates for such activities.
    (c) Interim Plan.--The mandates contained in this title shall serve 
as an interim plan until Congress enacts legislation to implement the 
comprehensive plan submitted by the Secretary of Homeland Security 
under subsection (a).

SEC. 102. USE OF DEPARTMENT OF DEFENSE EQUIPMENT FOR SURVEILLANCE OF 
              INTERNATIONAL LAND BORDERS OF THE UNITED STATES.

    (a) Availability of Equipment.--The Secretary of Homeland Security, 
in collaboration with the Secretary of Defense, shall develop and 
implement a plan to provide military support to civilian law 
enforcement agencies, including the use of unmanned aerial vehicles, 
other surveillance equipment, and other equipment of the Department of 
Defense, to assist the surveillance activities of the Department of 
Homeland Security at and near the international land borders of the 
United States.
    (b) Reports.--
            (1) Initial report.--Not later than 6 months after the date 
        of enactment of this Act, the Secretary of Homeland Security 
        and the Secretary of Defense shall submit a joint report to 
        Congress, which describes the use of Department of Defense 
        equipment to assist the surveillance efforts of the Department 
        of Homeland Security and to support the plan developed under 
        subsection (a).
            (2) Annual reports.--Not later than 1 year after the date 
        of enactment of this Act, and annually thereafter until the 
        Secretary of Homeland Security can procure the equipment 
        necessary to achieve operational control of the international 
        land borders of the United States, the Secretary of Homeland 
        Security and the Secretary of Defense shall submit joint 
        reports to Congress that describe--
                    (A) the types of equipment and other support 
                utilized for border security; and
                    (B) the effectiveness of such equipment and 
                support.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 103. PORTS OF ENTRY.

    (a) Construction Authorized.--The Secretary of Homeland Security 
may construct not more than 30 additional land ports of entry along the 
northern and southern international land borders of the United States 
at locations to be determined by the Secretary if such construction 
will enhance the border security of the United States.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out subsection (a).

SEC. 104. ADDITIONAL CUSTOMS AND BORDER PROTECTION OFFICERS.

    In addition to the positions authorized by section 5202 of the 
Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 
108-458; 118 Stat. 3734), the Secretary of Homeland Security shall, for 
each of the fiscal years between fiscal year 2007 and 2011, increase by 
no less than 250 the number of positions for full-time active duty 
Customs and Border Protection Officers.

SEC. 105. INTERIOR ENFORCEMENT.

    (a) State and Local Immigration Law Enforcement.--
            (1) In general.--Notwithstanding any other provision of 
        law, appropriately trained law enforcement personnel of a State 
        or a unit of local government are authorized to investigate, 
        identify, apprehend, arrest, detain, or transfer to Federal 
        custody aliens in the United States (including the 
        transportation of such aliens across State lines to detention 
        centers), for the purpose of assisting in the enforcement of 
        the immigration laws of the United States in the normal course 
        of carrying out the law enforcement duties of such personnel.
            (2) Reimbursement of costs.--The Secretary of Homeland 
        Security shall reimburse States and units of local government 
        for all reasonable costs incurred by that State or local 
        government to carry out the activities described in paragraph 
        (1).
    (b) Federal Custody of Illegal Aliens Apprehended by State or Local 
Law Enforcement.--Title II of the Immigration and Nationality Act is 
amended by adding after section 240C the following:

       ``transfer of illegal aliens from state to federal custody

    ``Sec. 240D. (a) In General.--If the head of a law enforcement 
entity of a State, or a political subdivision of a State, requests the 
Secretary of Homeland Security to take an illegal alien into Federal 
custody, the Secretary shall--
            ``(1) not later than 72 hours after such request is 
        received from the State, take such alien into the custody of 
        the Federal Government and incarcerate the alien; or
            ``(2) request the relevant State or local law enforcement 
        agency to temporarily detain or transport the illegal alien to 
        a location for transfer to Federal custody.
    ``(b) Designated Incarceration Facility.--The Secretary of Homeland 
Security shall designate not less than 1 Federal, State, or local 
prison or jail or a private contracted prison or detention facility 
within each State as the central facility for that State to transfer 
custody of criminal or illegal aliens to the Department of Homeland 
Security.
    ``(c) Reimbursement to States and Local Governments.--The 
Department of Homeland Security shall reimburse each State or a 
political subdivision of a State for all reasonable expenses incurred 
by the State or political subdivision in the detention and 
transportation of a criminal or illegal alien.''.
    (c) Immigration and Customs Enforcement Investigative Personnel.--
            (1) Additional positions authorized.--In addition to the 
        positions authorized by section 5203 of the Intelligence Reform 
        and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 
        Stat. 3734), the Secretary of Homeland Security shall, for each 
        of fiscal years 2007 through 2011, increase by not less than 
        400 the number of investigative personnel within the Department 
        of Homeland Security responsible for investigating immigration 
        status violations.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated for each of fiscal years 2007 through 2011 
        such sums as may be necessary to carry out this subsection.
    (d) Listing of Immigration Violators in the National Crime 
Information Center Database.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of Homeland Security shall 
        provide the National Crime Information Center of the Federal 
        Bureau of Investigation (referred to in this section as the 
        ``NCIC'') with information related to--
                    (A) any alien against whom a final order of removal 
                has been issued;
                    (B) any alien who is subject to a voluntary 
                departure agreement that has become invalid under 
                section 240B(a)(2) of the Immigration and Nationality 
                Act (8 U.S.C. 1229c(a)(2)); and
                    (C) any alien whose visa has been revoked.
            (2) Requirement to provide and use information.--The 
        information provided to the NCIC under paragraph (1) shall be 
        entered into the Immigration Violators File of the NCIC 
        database if a name and date of birth are available for the 
        individual, regardless of whether the alien received notice of 
        a final order of removal or the alien has already been removed.
            (3) Removal of information.--If an individual is granted 
        cancellation of removal under section 240A of the Immigration 
        and Nationality Act (8 U.S.C. 1229b) or is granted permission 
        to legally enter the United States after a voluntary departure 
        under section 240B of such Act (8 U.S.C. 1229c), any 
        information entered into the NCIC database in accordance with 
        this subsection shall be promptly removed.
    (e) Increasing Federal Detention Space.--
            (1) Construction or acquisition of detention facilities.--
                    (A) In general.--In addition to facilities being 
                used for the detention of aliens as of the date of 
                enactment of this Act, the Secretary of Homeland 
                Security shall construct or acquire 20 detention 
                facilities in the United States with sufficient 
                capacity to detain a combined total of not less than 
                200,000 individuals at any time. Such facilities shall 
                be used for aliens detained pending removal or a 
                decision on removal of such aliens from the United 
                States.
                    (B) Determination of location.--The location of 
                each detention facility built or acquired pursuant to 
                this paragraph shall--
                            (i) be determined by the senior officer 
                        responsible for detention and removal 
                        operations of the Department of Homeland 
                        Security, subject to the approval of the 
                        Secretary of Homeland Security; and
                            (ii) enable the Department to increase, to 
                        the maximum extent practicable, the annual rate 
                        and level of removals of illegal aliens from 
                        the United States.
                    (C) Use of installations under base closure laws.--
                In acquiring detention facilities under this paragraph, 
                the Secretary of Homeland Security shall consider the 
                transfer of appropriate portions of military 
                installations approved for closure or realignment under 
                the Defense Base Closure and Realignment Act of 1990 
                (part A of title XXIX of Public Law 101-510; 10 U.S.C. 
                2687 note) for use in accordance with subparagraph (A).
            (2) Technical and conforming amendment.--Section 241(g)(1) 
        of the Immigration and Nationality Act (8 U.S.C. 1231(g)(1)) is 
        amended by striking ``may expend'' and inserting ``shall 
        expend''.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as may be necessary to carry out 
        this section.

SEC. 106. EXPANDING CATEGORY OF INADMISSIBLE ALIENS.

    (a) Criminal Street Gangs.--Section 212(a)(2) of the Immigration 
and Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the 
end the following:
                    ``(J) Aliens who are members of criminal street 
                gangs.--Any alien who is a member of a criminal street 
                gang (as defined in section 521(a) of title 18, United 
                States Code) is inadmissible.''.
    (b) Deporting Criminal Street Gang Members.--Section 237(a)(2) of 
the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)) is amended by 
adding at the end the following:
                    ``(F) Aliens who are members of criminal street 
                gangs.--Any alien who is a member of a criminal street 
                gang (as defined in section 521(a) of title 18, United 
                States Code) is deportable.''.
    (c) Criminal Aliens.--Any alien convicted of a felony or a 
misdemeanor in the United States is ineligible to receive a visa and 
ineligible to be admitted to the United States.

                    TITLE II--TEMPORARY H-2A WORKERS

SEC. 201. DEFINITION.

    Section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(15)(H)(ii)(a)) is amended--
            (1) by striking ``and including agricultural labor defined 
        in section 3121(g) of the Internal Revenue Code of 1954'' and 
        inserting ``, which shall include labor and services relating 
        to commodities, livestock, dairy, forestry, landscaping, 
        fishing, and the processing of meat, poultry, and fish, and 
        agricultural labor (as defined in section 3121(g) of the 
        Internal Revenue Code of 1986),''; and
            (2) by striking ``, of a temporary or seasonal nature''.

SEC. 202. ADMISSION OF TEMPORARY H-2A WORKERS.

    (a) Procedure for Admission.--
            (1) In general.--Section 218 of the Immigration and 
        Nationality Act (8 U.S.C. 1188) is amended to read as follows:

                 ``admission of temporary h-2a workers

    ``Sec. 218. (a) Definitions.--In this section and section 218A:
            ``(1) Area of employment.--The term `area of employment' 
        means the area within normal commuting distance of the work 
        site or physical location where the work of the H-2A worker is 
        or will be performed. If such work site or location is within a 
        Metropolitan Statistical Area, any place within such area shall 
        be considered to be within the area of employment.
            ``(2) Displace.--In the case of a petition with respect to 
        an H-2A worker filed by an employer, the employer `displaces' a 
        United States worker from a job if the employer lays off the 
        worker from a job that is essentially equivalent to the job for 
        which the H-2A worker is sought. A job shall not be considered 
        to be essentially equivalent to another job unless the job--
                    ``(A) involves essentially the same 
                responsibilities as the other job;
                    ``(B) was held by a United States worker with 
                substantially equivalent qualifications and experience; 
                and
                    ``(C) is located in the same area of employment as 
                the other job.
            ``(3) Eligible individual.--The term `eligible individual' 
        means an individual who is not an unauthorized alien (as 
        defined in section 274A(h)(3)) with respect to the employment 
        of the individual.
            ``(4) Employer.--The term `employer' means an employer who 
        hires workers to perform agricultural employment.
            ``(5) H-2A worker.--The term `H-2A worker' means a 
        nonimmigrant described in section 101(a)(15)(H)(ii)(a).
            ``(6) Lay off.--
                    ``(A) In general.--The term `lay off'--
                            ``(i) means to cause a worker's loss of 
                        employment, other than through a discharge for 
                        inadequate performance, violation of workplace 
                        rules, cause, voluntary departure, voluntary 
                        retirement, or the expiration of a grant or 
                        contract (other than a temporary employment 
                        contract entered into in order to evade a 
                        condition described in paragraph (3) or (7) of 
                        subsection (b)); and
                            ``(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 subsection (h)(2), 
                        with either employer described in such 
                        subsection) 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) Construction.--Nothing in this paragraph is 
                intended to limit an employee's rights under a 
                collective bargaining agreement or other employment 
                contract.
            ``(7) Level ii h-2a worker.--The term `Level II H-2A 
        worker' means a nonimmigrant described in section 
        101(a)(15)(H)(ii)(a) who--
                    ``(A) has been employed as an H-2A worker for at 
                least 3 years;
                    ``(B) has not violated a material term or condition 
                of employment as an H-2A worker;
                    ``(C) works in a supervisory capacity; and
                    ``(D) meets minimum skill levels in the occupation 
                in which they are employed, as determined, by 
                regulation, by the Secretary of Labor, based on surveys 
                conducted by State workforce agencies.
            ``(8) Prevailing wage.--The term `prevailing wage' means 
        the wage rate that includes the 51st percentile of employees 
        with similar experience and qualifications in the agricultural 
        occupation in the area of intended employment, expressed in 
        terms of the prevailing method of pay for the occupation in the 
        area of intended employment.
            ``(9) United states worker.--The term `United States 
        worker' means any worker who is a national of the United 
        States, an alien lawfully admitted for permanent residence, and 
        any other alien authorized to work in the relevant job 
        opportunity within the United States, except--
                    ``(A) an alien admitted or otherwise provided 
                status under section 101(a)(15)(H)(ii)(a); and
                    ``(B) an alien provided blue card status under 
                section 218B.
    ``(b) Application.--An alien may not be admitted as an H-2A worker 
unless the employer has filed with the Secretary of Homeland Security a 
petition attesting to the following:
            ``(1) Temporary work or services.--
                    ``(A) In general.--The employer is seeking to 
                employ a specific number of agricultural workers on a 
                temporary basis and will provide compensation to such 
                workers at a specified wage rate and under specified 
                conditions.
                    ``(B) Skilled workers.--If the worker is a Level II 
                H-2A worker, the employer will recruit the worker 
                separately and the attestation will delineate separate 
                wage rate and conditions of employment for such worker.
                    ``(C) Definition.--For purposes of this paragraph, 
                a worker is employed on a temporary basis if the 
                employer intends to employ the worker for an 11-month 
                contract period.
            ``(2) Benefits, wages, and working conditions.--The 
        employer will provide, at a minimum, the benefits, wages, and 
        working conditions required by subsection (k) to all workers 
        employed in the jobs for which the H-2A worker is sought and to 
        all other temporary workers in the same occupation at the place 
        of employment.
            ``(3) 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 
        of the H-2A worker and during the 30-day period immediately 
        preceding such period of employment in the occupation at the 
        place of employment for which the employer seeks approval to 
        employ H-2A workers.
            ``(4) Recruitment.--
                    ``(A) In general.--The employer--
                            ``(i) conducted adequate recruitment in the 
                        area of employment before filing the 
                        attestation; and
                            ``(ii) was unsuccessful in locating a 
                        qualified United States worker for the job 
                        opportunity for which the H-2A worker is 
                        sought.
                    ``(B) Other requirements.--The adequate recruitment 
                requirement under subparagraph (A) is satisfied if the 
                employer places--
                            ``(i) a job order with the America's Job 
                        Bank Program of the Department of Labor; and
                            ``(ii) a Sunday advertisement in a 
                        newspaper of general circulation that is likely 
                        to be patronized by a potential worker in the 
                        area of intended employment.
                    ``(C) Advertisement requirement.--The advertisement 
                requirement under subparagraph (B)(ii) is satisfied if 
                the advertisement--
                            ``(i) names the employer;
                            ``(ii) directs applicants to report or send 
                        resumes, as appropriate for the occupation, to 
                        the employer;
                            ``(iii) provides a description of the 
                        vacancy that is specific enough to apprise 
                        United States workers of the job opportunity 
                        for which certification is sought;
                            ``(iv) describes the geographic area with 
                        enough specificity to apprise applicants of any 
                        travel requirements and where applicants will 
                        likely have to reside to perform the job;
                            ``(v) states the rate of pay, which shall 
                        not be less than the wage paid for the 
                        occupation in the area of intended employment; 
                        and
                            ``(vi) offers wages, terms, and conditions 
                        of employment, which are at least as favorable 
                        to those offered to the alien.
                    ``(D) End of recruitment requirement.--The 
                requirement to recruit United States workers shall 
                terminate on the first day of the contract period that 
                work begins.
            ``(5) Offers to united states workers.--The employer has 
        offered or will offer the job for which the nonimmigrant is 
        sought to any eligible United States worker who--
                    ``(A) applies;
                    ``(B) is at least as qualified for the job as the 
                nonimmigrant; and
                    ``(C) will be available at the time and place of 
                need.
            ``(6) Provision of insurance.--If the job for which the H-
        2A worker is sought is not covered by 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 workers' compensation law for comparable employment.
            ``(7) Strike or lockout.--There is not a strike or lockout 
        in the course of a labor dispute which, under regulations 
        promulgated by the Secretary of Labor, precludes the hiring of 
        H-2A workers.
            ``(8) Previous violations.--The employer has not, during 
        the previous 5-year period, employed H-2A workers and knowingly 
        violated a material term or condition of approval with respect 
        to the employment of domestic or nonimmigrant workers, as 
        determined by the Secretary of Labor after notice and 
        opportunity for a hearing.
    ``(c) Public Examination.--Not later than 1 working day after the 
date on which a petition under this section is filed, the employer 
shall make a copy of each such petition (and any necessary accompanying 
documents) available for public examination, at the employer's 
principal place of business or worksite.
    ``(d) List.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        maintain a list of the petitions filed under subsection (b), 
        which shall--
                    ``(A) be sorted by employer; and
                    ``(B) include the number of H-2A workers sought, 
                the wage rate, the period of intended employment, and 
                the date of need for each alien.
            ``(2) Availability.--The Secretary of Homeland Security 
        shall, at least monthly, submit a copy of the list described in 
        paragraph (1) to the Secretary of Labor, who shall make the 
        list available for public examination.
    ``(e) Petitioning for Admission.--
            ``(1) In general.--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 shall file 
        with the Secretary of Homeland Security a petition that 
        includes the attestations described in subsection (b).
            ``(2) Consideration of petitions.--For each petition filed 
        and considered under this subsection--
                    ``(A) the Secretary of Homeland Security may not 
                require such petition to be filed more than 28 days 
                before the first date the employer requires the labor 
                or services of the H-2A worker; and
                    ``(B) unless the Secretary of Homeland Security 
                determines that the petition is incomplete or obviously 
                inaccurate, the Secretary, not later than 7 days after 
                the date on which such petition was filed, shall either 
                approve or deny the petition.
            ``(3) Expedited adjudication.--The Secretary of Homeland 
        Security shall--
                    ``(A) establish a procedure for expedited 
                adjudication of petitions filed under this subsection; 
                and
                    ``(B) not later than 7 working days after such 
                filing, transmit, by fax, cable, or other means 
                assuring expedited delivery, a copy of notice of action 
                on the petition--
                            ``(i) in the case of approved petitions, to 
                        the petitioner, the Secretary of Labor, and to 
                        the appropriate immigration officer at the port 
                        of entry or United States consulate where the 
                        petitioner has indicated that the alien 
                        beneficiary or beneficiaries will apply for a 
                        visa or admission to the United States;
                            ``(ii) in the case of denied petitions, to 
                        the petitioner, including reasons for the 
                        denial and instructions on how to appeal such 
                        denial.
            ``(4) Petition agreements.--By filing an H-2A petition, a 
        petitioner and each employer consents to allow access to the 
        site where the labor is being performed for the purpose of 
        determining compliance with H-2A requirements.
    ``(f) Roles of Agricultural Associations.--
            ``(1) Permitting filing by agricultural associations.--A 
        petition to hire an alien as a temporary agricultural worker 
        may be filed by an association of agricultural employers which 
        use agricultural services.
            ``(2) Treatment of associations acting as employers.--If an 
        association is a joint or sole employer of temporary 
        agricultural workers, such workers may be transferred among its 
        members to perform agricultural services of a temporary nature 
        for which the petition was approved.
            ``(3) Statement of liability.--The petition shall include a 
        clear statement explaining the liability under this section of 
        an employer who places an H-2A worker with another employer 
        authorized to employ H-2A workers if the other employer 
        displaces a United States worker in violation of this section.
            ``(4) Treatment of violations.--
                    ``(A) Individual member.--If an individual member 
                of a joint employer association violates any condition 
                for approval with respect to the member's petition, the 
                Secretary of Homeland Security shall deny such petition 
                only with respect to that member of the association 
                unless the Secretary of Labor determines that the 
                association or other member participated in, had 
                knowledge of, or had reason to know of the violation.
                    ``(B) Association of agricultural employers.--
                            ``(i) Joint employer.--If an association 
                        representing agricultural employers as a joint 
                        employer violates any condition for approval 
                        with respect to the association's petition, the 
                        Secretary of Homeland Security shall deny such 
                        petition only with respect to the association 
                        and may not apply the denial to any individual 
                        member of the association, unless the Secretary 
                        of Labor determines that the member 
                        participated in, had knowledge of, or had 
                        reason to know of the violation.
                            ``(ii) Sole employer.--If an association of 
                        agricultural employers approved as a sole 
                        employer violates any condition for approval 
                        with respect to the association's petition, no 
                        individual member of such association may be 
                        the beneficiary of the services of temporary 
                        alien agricultural workers admitted under this 
                        section in the occupation in which such aliens 
                        were employed by the association which was 
                        denied approval during the period such denial 
                        is in force, unless such member employs such 
                        aliens in the occupation in question directly 
                        or through an association which is a joint 
                        employer of such workers with the member.
    ``(g) Expedited Administrative Appeals.--The Secretary of Homeland 
Security shall issue regulations to provide for an expedited 
procedure--
            ``(1) for the review of a denial of a petition under this 
        section by the Secretary; or
            ``(2) at the applicant's request, for a de novo 
        administrative hearing respecting the denial.
    ``(h) Miscellaneous Provisions.--
            ``(1) Requirements for placement of h-2a workers with other 
        employers.--A nonimmigrant who is admitted into the United 
        States as an H-2A worker may be transferred to another employer 
        that has attested to the Secretary of Homeland Security that 
        the employer has filed a petition under this section and is in 
        compliance with this section. The Secretary of Homeland 
        Security and the Secretary of State shall issue regulations to 
        establish a process for the approval and reissuance of visas 
        for transferred H-2A workers, as necessary.
            ``(2) Endorsement of documents.--The Secretary of Homeland 
        Security shall provide for the endorsement of entry and exit 
        documents of H-2A workers as may be necessary to carry out this 
        section and to provide notice for purposes of section 274A.
            ``(3) Preemption of state laws.--The provisions of 
        subsection (a) and (c) of section 214 and the provisions of 
        this section preempt any State or local law regulating 
        admissibility of nonimmigrant workers.
            ``(4) Fees.--
                    ``(A) In general.--The Secretary of Homeland 
                Security may require, as a condition of approving the 
                petition, the payment of a fee, in accordance with 
                subparagraph (B), to recover the reasonable cost of 
                processing petitions.
                    ``(B) Fee by type of employee.--
                            ``(i) Single employer.--An employer whose 
                        petition for temporary alien agricultural 
                        workers is approved shall, for each approved 
                        petition, pay a fee that--
                                    ``(I) subject to subclause (II), is 
                                equal to $100 plus $10 for each 
                                approved H-2A worker; and
                                    ``(II) does not exceed $1,000.
                            ``(ii) Association.--Each employer-member 
                        of a joint employer association whose petition 
                        for temporary agricultural aliens is approved 
                        shall, for each such approved petition, pay a 
                        fee that--
                                    ``(I) subject to subclause (II), is 
                                equal to $100 plus $10 for each 
                                approved H-2A worker; and
                                    ``(II) does not exceed $1,000.
                            ``(iii) Limitation on association fees.--A 
                        joint employer association under clause (ii) 
                        shall not be charged a separate fee.
                    ``(C) Method of payment.--The fees collected under 
                this paragraph shall be paid by check or money order to 
                the Department of Homeland Security. In the case of 
                employers of H-2A workers that are members of a joint 
                employer association applying on their behalf, the 
                aggregate fees for all employers of H-2A workers under 
                the petition may be paid by 1 check or money order.
                    ``(D) Increase in fees.--For calendar year 2007 and 
                each subsequent calendar year, the dollar amounts in 
                subparagraph (B) may be increased by an amount equal 
                to--
                            ``(i) such dollar amount; multiplied by
                            ``(ii) the percentage by which the average 
                        of the Consumer Price Index for all urban 
                        consumers (United States city average) for the 
                        12-month period ending with August of the 
                        preceding calendar year exceeds such average 
                        for the 12-month period ending with August 
                        2005.
            ``(5) Employment verification program.--
                    ``(A) In general.--Not later than 12 months after 
                the date of enactment of this paragraph, the Secretary 
                of Homeland Security shall establish a mandatory 
                employment verification program for all employers of H-
                2A workers to verify the eligibility of all individuals 
                hired by each such employer, including those who 
                present an H-2A visa to work in the United States.
                    ``(B) Employer compliance.--Each employer of an H-
                2A worker shall comply with the requirements 
                promulgated by the Secretary of Homeland Security to 
                verify the identity and employment eligibility of all 
                individuals hired.
                    ``(C) Regulations.--In carrying out the program 
                under this paragraph, the Secretary of Homeland 
                Security shall promulgate regulations to require each 
                employer to verify the employment eligibility of each 
                employee hired through--
                            ``(i) a secure Internet site;
                            ``(ii) a machine capable of reading the H-
                        2A visa, which shall serve as the 
                        identification and employment eligibility 
                        document for each H-2A alien; or
                            ``(iii) a toll-free telephone number to 
                        check the accuracy of any social security 
                        number presented to the employer.
            ``(6) Employer-based application for permanent residence.--
                    ``(A) In general.--The employer of a Level II H-2A 
                worker who has been employed in such status for not 
                less than 5 years may file an application for an 
                employment-based adjustment of status under section 
                245(k) for such worker.
                    ``(B) Effect of application.--A Level II H-2A 
                worker for whom an application is filed under 
                subparagraph (A) may continue to be employed in such 
                status until--
                            ``(i) such application has been 
                        adjudicated; or
                            ``(ii) such worker has violated any 
                        provision of this section.
    ``(i) Failure to Meet Conditions.--
            ``(1) In general.--The Secretary of Labor shall be 
        responsible for conducting investigations and random audits of 
        employer work sites to ensure compliance with the requirements 
        of the H-2A program and all other requirements under this Act. 
        All monetary fines levied against violating employers shall be 
        paid to the Department of Labor and used to enhance the 
        Department of Labor's investigatory and auditing power.
            ``(2) Penalties for failure to meet conditions.--If the 
        Secretary of Labor finds, after notice and opportunity for a 
        hearing, a failure to meet any condition under subsection (b), 
        or a material misrepresentation of fact in a petition under 
        subsection (b)--
                    ``(A) the Secretary of Labor--
                            ``(i) shall notify the Secretary of 
                        Homeland Security of such finding; and
                            ``(ii) may 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
                    ``(B) the Secretary of Homeland Security may 
                disqualify the employer from the employment of H-2A 
                workers for a period of 1 year.
            ``(3) Penalties for willful failure.--If the Secretary of 
        Labor finds, after notice and opportunity for a hearing, a 
        willful failure to meet a material condition of subsection (b) 
        or a willful misrepresentation of a material fact in a petition 
        under subsection (b)--
                    ``(A) the Secretary of Labor--
                            ``(i) shall notify the Secretary of 
                        Homeland Security of such finding; and
                            ``(ii) may 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; and
                    ``(B) the Secretary of Homeland Security may--
                            ``(i) disqualify the employer from the 
                        employment of H-2A workers for a period of 2 
                        years;
                            ``(ii) for a second violation, disqualify 
                        the employer from the employment of H-2A 
                        workers for a period of 5 years; and
                            ``(iii) for a third violation, permanently 
                        disqualify the employer from the employment of 
                        H-2A workers.
            ``(4) Penalties for displacement of united states 
        workers.--If the Secretary of Labor finds, after notice and 
        opportunity for a hearing, a willful failure to meet a material 
        condition of subsection (b) or a willful misrepresentation of a 
        material fact in a petition under subsection (b), 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 petition under subsection (b), 
        or during the period of 30 days preceding such period of 
        employment--
                    ``(A) the Secretary of Labor--
                            ``(i) shall notify the Secretary of 
                        Homeland Security of such finding; and
                            ``(ii) may 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
                    ``(B) the Secretary of Homeland Security may--
                            ``(i) disqualify the employer from the 
                        employment of H-2A workers for a period of 5 
                        years; and
                            ``(ii) for a second violation, permanently 
                        disqualify the employer from the employment of 
                        H-2A workers.
            ``(5) Limitations on civil money penalties.--The Secretary 
        of Labor may not impose total civil money penalties with 
        respect to a petition under subsection (b) in excess of 
        $90,000.
    ``(j) Failure to Pay Wages or Required Benefits.--
            ``(1) In general.--The Secretary of Labor shall be 
        responsible for conducting investigations and random audits of 
        employer work sites to ensure compliance with the requirements 
        of the H-2A program.
            ``(2) Assessment.--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 attested by the employer under subsection (b)(2), 
        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.
            ``(3) Amount.--The back wages or other required benefits 
        described in paragraph (2)--
                    ``(A) shall be equal to the difference between the 
                amount that should have been paid and the amount that 
                was paid to such worker; and
                    ``(B) shall be distributed to the worker to whom 
                such wages are due.
    ``(k) Minimum Wages, Benefits, and Working Conditions.--
            ``(1) Preferential treatment of aliens prohibited.--
                    ``(A) In general.--Each employer seeking to hire 
                United States workers shall offer such workers not less 
                than the same benefits, wages, and working conditions 
                that the employer is offering, intends to offer, or 
                will provide to H-2A workers. 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. The benefits, wages, and other terms and 
                conditions of employment described in this subsection 
                shall be provided in connection with employment under 
                this section.
                    ``(B) Interpretation.--Every interpretation and 
                determination made under this section or under any 
                other law, regulation, or interpretative provision 
                regarding the nature, scope, and timing of the 
                provision of these and any other benefits, wages, and 
                other terms and conditions of employment shall be made 
                so that--
                            ``(i) the services of workers to their 
                        employers and the employment opportunities 
                        afforded to workers by the employers, including 
                        those employment opportunities that require 
                        United States workers or H-2A workers to travel 
                        or relocate in order to accept or perform 
                        employment--
                                    ``(I) mutually benefit such 
                                workers, as well as their families, and 
                                employers; and
                                    ``(II) principally benefit neither 
                                employer nor employee; and
                            ``(ii) employment opportunities within the 
                        United States benefit the United States 
                        economy.
            ``(2) Required wages.--
                    ``(A) In general.--Each employer applying for 
                workers under subsection (b) shall pay not less than 
                the greater of--
                            ``(i) the prevailing wage to all workers in 
                        the occupation for which the employer has 
                        applied for workers; or
                            ``(ii) the applicable State minimum wage.
                    ``(B) Wages for level ii h-2a workers.--Each 
                employer applying for Level II H-2A workers under 
                subsection (b) shall pay such workers not less than the 
                prevailing wage, as determined by the Secretary of 
                Labor.
                    ``(C) Determination of wages.--An employer seeking 
                to comply with subparagraph (A) may--
                            ``(i) request and obtain a prevailing wage 
                        determination from the State employment agency; 
                        or
                            ``(ii) rely on other wage information, 
                        including a survey of the prevailing wages of 
                        workers in the occupation in the area of 
                        employment that has been conducted or funded by 
                        the employer or a group of employers, using the 
                        methodology used by the Secretary of Labor to 
                        establish Occupational Employment and Wage 
                        estimate, and any other criteria specified in 
                        regulations issued by the Secretary of Labor.
                    ``(D) Compliance.--An employer shall be considered 
                to have complied with the requirement under 
                subparagraph (A) if the employer--
                            ``(i)(I) obtains a prevailing wage 
                        determination under subparagraph (C)(i); or
                            ``(II) relies on a qualifying survey of 
                        prevailing wages; and
                            ``(ii) pays such prevailing wage.
            ``(3) Housing requirement.--
                    ``(A) In general.--Except as provided under 
                subparagraph (F), each employer applying for workers 
                under subsection (b) shall offer to provide housing at 
                no cost to--
                            ``(i) all workers in job opportunities for 
                        which the employer has applied under subsection 
                        (b); and
                            ``(ii) all other workers in the same 
                        occupation at the same place of employment, 
                        whose place of residence is beyond normal 
                        commuting distance.
                    ``(B) Compliance.--An employer meets the 
                requirement under subparagraph (A) if the employer--
                            ``(i) provides the workers with housing 
                        that meets applicable Federal standards for 
                        temporary labor camps; or
                            ``(ii) secures housing for the workers 
                        that--
                                    ``(I) meets applicable local 
                                standards for rental or public 
                                accommodation housing, or other 
                                substantially similar class of 
                                habitation; or
                                    ``(II) in the absence of applicable 
                                local standards, meets State standards 
                                for rental or public accommodation 
                                housing or other substantially similar 
                                class of habitation.
                    ``(C) Inspection.--The employer may request a 
                certificate of inspection by an approved Federal or 
                State agency to the Secretary of Labor not later than 
                28 days before a worker is scheduled to occupy housing 
                described in subparagraph (B). Such an inspection, and 
                any necessary follow up, including at least 1 follow up 
                visit, shall be performed by the Wage and Hour Division 
                of the Department of Labor in a timely manner not later 
                than 28 days after such a request.
                    ``(D) Rulemaking.--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) Construction.--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) Housing allowance.--
                            ``(i) Authority.--If the Governor of a 
                        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 in 
                        agricultural work, an employer in such State 
                        may, in lieu of offering housing pursuant to 
                        subparagraph (A), provide a reasonable housing 
                        allowance. An employer who provides a housing 
                        allowance to a worker shall not be required to 
                        reserve housing accommodations for the worker.
                            ``(ii) Assistance in locating housing.--
                        Upon the request of a worker seeking assistance 
                        in locating housing, an employer providing a 
                        housing allowance under clause (i) shall make a 
                        good faith effort to assist the worker in 
                        identifying and locating housing in the area of 
                        intended employment.
                            ``(iii) Limitation.--A housing allowance 
                        may not be used for housing that is owned or 
                        controlled by the employer. 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 Protect Act (29 U.S.C. 1823) solely by 
                        virtue of providing such housing allowance.
                            ``(iv) Other requirements.--
                                    ``(I) Nonmetropolitan county.--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 state-wide 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 county.--If the 
                                place of employment of the workers 
                                provided an allowance under this 
                                subparagraph 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.
                            ``(v) Information.--If the employer 
                        provides a housing allowance to H-2A employees, 
                        the employer shall provide a list to the 
                        Secretary of Homeland Security and the 
                        Secretary of Labor of the names and local 
                        addresses of such workers.
            ``(4) Reimbursement of transportation costs.--
                    ``(A) Requirement for reimbursement.--A worker who 
                completes 50 percent of the period of employment of the 
                job for which the worker was hired, beginning on the 
                first day of such employment, shall be reimbursed by 
                the employer for the cost of the worker's 
                transportation and subsistence from--
                            ``(i) the place from which the worker was 
                        approved to enter the United States to the 
                        location at which the work for the employer is 
                        performed; or
                            ``(ii) if the worker traveled from a place 
                        in the United States at which the worker was 
                        last employed, from such place of last 
                        employment to the location at which the work 
                        for the employer is performed.
                    ``(B) Timing of reimbursement.--Reimbursement to 
                the worker of expenses for the cost of the worker's 
                transportation and subsistence to the place of 
                employment under subparagraph (A) shall be considered 
                timely if such reimbursement is made not later than the 
                worker's first regular payday after a worker completes 
                50 percent of the period of employment of the job 
                opportunity as provided under this paragraph.
                    ``(C) Additional reimbursement.--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 work site to the place where 
                the worker was approved to enter the United States to 
                work for the employer. If the worker has contracted 
                with a subsequent employer, the previous and subsequent 
                employer shall share the cost of the worker's 
                transportation and subsistence from work site to work 
                site.
                    ``(D) Amount of reimbursement.--The amount of 
                reimbursement provided to a worker or alien under this 
                paragraph shall be equal to 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.
                    ``(E) Reimbursement for laid off workers.--If the 
                worker is laid off or employment is terminated for 
                contract impossibility (as described in paragraph 
                (5)(D)) before the anticipated ending date of 
                employment, the employer shall provide--
                            ``(i) the transportation and subsistence 
                        required under subparagraph (C); and
                            ``(ii) notwithstanding whether the worker 
                        has completed 50 percent of the period of 
                        employment, the transportation reimbursement 
                        required under subparagraph (A).
                    ``(F) Transportation.--The employer shall provide 
                transportation between the worker's living quarters and 
                the employer's work site without cost to the worker in 
                accordance with applicable laws and regulations.
                    ``(G) Construction.--Nothing in this paragraph 
                shall be construed to require an employer to reimburse 
                visa, passport, consular, or international border-
                crossing fees incurred by the worker or any other fees 
                associated with the worker's lawful admission into the 
                United States to perform employment.
            ``(5) Employment guarantee.--
                    ``(A) In general.--
                            ``(i) Requirement.--Each employer applying 
                        for workers under subsection (b) shall 
                        guarantee to offer the worker employment for 
                        the hourly equivalent of not less than 75 
                        percent of the work hours during the total 
                        anticipated 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.
                            ``(ii) Failure to meet guarantee.--If the 
                        employer affords the United States worker or 
                        the H-2A worker less employment than that 
                        required under this subparagraph, the employer 
                        shall pay such worker the amount which the 
                        worker would have earned if the worker had 
                        worked for the guaranteed number of hours.
                            ``(iii) Period of employment.--For purposes 
                        of this subparagraph, the term `period of 
                        employment' means the total number of 
                        anticipated work hours and work days described 
                        in the job offer and shall exclude the worker's 
                        Sabbath and Federal holidays.
                    ``(B) Calculation of hours.--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) Limitation.--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 75 percent guarantee described in 
                subparagraph (A).
                    ``(D) Termination of employment.--
                            ``(i) In general.--If, before the 
                        expiration of the period of employment 
                        specified in the job offer, the services of the 
                        worker are no longer required due to any form 
                        of natural disaster, including flood, 
                        hurricane, freeze, earthquake, fire, drought, 
                        plant or animal disease, pest infestation, 
                        regulatory action, or any other reason beyond 
                        the control of the employer before the 
                        employment guarantee in subparagraph (A) is 
                        fulfilled, the employer may terminate the 
                        worker's employment.
                            ``(ii) Requirements.--If a worker's 
                        employment is terminated under clause (i), the 
                        employer shall--
                                    ``(I) fulfill the employment 
                                guarantee in subparagraph (A) for the 
                                work days that have elapsed during the 
                                period beginning on the first work day 
                                after the arrival of the worker and 
                                ending on the date on which such 
                                employment is terminated; and
                                    ``(II) make efforts to transfer the 
                                United States worker to other 
                                comparable employment acceptable to the 
                                worker.
    ``(l) Disqualification.--
            ``(1) In general.--Subject to paragraph (2), 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 previous 5 years, 
        violated a term or condition of admission into the United 
        States as a nonimmigrant, including overstaying the period of 
        authorized admission.
            ``(2) Waivers.--
                    ``(A) In general.--An alien seeking admission under 
                section 101(a)(15)(H)(ii)(a) while outside of the 
                United States shall not be deemed inadmissible under 
                such section by reason of--
                            ``(i) paragraph (1);
                            ``(ii) section 212(a)(6)(C), if such alien 
                        has previously falsely represented himself or 
                        herself to be a citizen of the United States 
                        for the purpose of agricultural employment; or
                            ``(iii) section 212(a)(9)(B), unless such 
                        alien was deported from the United States.
                    ``(B) Effective period of waiver.--If an alien is 
                admitted to the United States as a result of a waiver 
                under subparagraph (A), such waiver shall remain in 
                effect until the alien subsequently violates--
                            ``(i) a material provision of this section; 
                        or
                            ``(ii) a term or condition of admission 
                        into the United States as a nonimmigrant.
    ``(m) Period of Admission.--
            ``(1) In general.--An H-2A alien shall be admitted for an 
        11-month period of employment, excluding--
                    ``(A) a period of not more than 7 days before the 
                beginning of the period of employment for the purpose 
                of travel to the work site; and
                    ``(B) a period of not more than 14 days after the 
                period of employment for the purpose of departure or 
                extension based on a subsequent offer of employment.
            ``(2) Employment limitation.--An alien may not be employed 
        during the 14-day period described in paragraph (1)(B) except 
        in the employment for which the alien was previously 
        authorized.
            ``(3) Construction.--Nothing in this subsection shall limit 
        the authority of the Secretary of Homeland Security to extend 
        the stay of an alien under any other provision of this Act.
    ``(n) 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--
                    ``(A) shall have failed to maintain nonimmigrant 
                status as an H-2A worker; and
                    ``(B) shall depart the United States or be subject 
                to removal under section 237(a)(1)(C)(i).
            ``(2) Report by employer.--Not later than 24 hours after 
        the premature abandonment of employment by an H-2A worker, the 
        employer or association acting as an agent for the employer 
        shall notify the Secretary of Homeland Security of such 
        abandonment.
            ``(3) Removal.--The Secretary of Homeland Security shall 
        ensure the prompt removal from the United States of 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 the alien's employment 
        if the alien promptly departs the United States upon 
        termination of such employment.
    ``(o) Replacement of Alien.--
            ``(1) In general.--Upon notification under subsection 
        (n)(2)--
                    ``(A) the Secretary of State shall promptly issue a 
                visa to an eligible alien designated by the employer to 
                replace an H-2A worker who abandons or prematurely 
                terminates employment; and
                    ``(B) the Secretary of Homeland Security shall 
                admit such alien into the United States.
            ``(2) Construction.--Nothing in this subsection shall limit 
        any preference for which United States workers are eligible 
        under this Act.
    ``(p) Identification Document.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        provide each alien authorized to be an H-2A worker with a 
        single machine-readable, tamper-resistant, and counterfeit-
        resistant document that--
                    ``(A) authorizes the alien's entry into the United 
                States;
                    ``(B) serves, for the appropriate period, as an 
                employment eligibility document; and
                    ``(C) verifies the identity of the alien through 
                the use of at least 1 biometric identifier.
            ``(2) Requirements.--The document required for all aliens 
        authorized to be an H-2A worker--
                    ``(A) shall be capable of reliably determining 
                whether--
                            ``(i) the individual with the document is 
                        in fact eligible for employment as an H-2A 
                        worker;
                            ``(ii) the individual with the document is 
                        not claiming the identity of another person; 
                        and
                            ``(iii) the individual with the document is 
                        authorized to be admitted into the United 
                        States; and
                    ``(B) shall be compatible with--
                            ``(i) other databases of the Secretary of 
                        Homeland Security to prevent an alien from 
                        obtaining benefits for which the alien is not 
                        eligible and determining whether the alien is 
                        unlawfully present in the United States; and
                            ``(ii) law enforcement databases to 
                        determine if the alien has been convicted of 
                        criminal offenses.
    ``(q) Extension of Stay of H-2A Workers in the United States.--
            ``(1) Extension of stay.--
                    ``(A) Authority.--An employer may petition to 
                extend an H-2A worker's stay for up to 2 consecutive 
                contract periods before the alien is required to return 
                to the alien's country of nationality or country of 
                last residence.
                    ``(B) Request an extension.--If an employer seeks 
                to employ, or continue to employ, an H-2A worker who is 
                lawfully present in the United States, the employer or 
                association shall request an extension of the alien's 
                stay not later than 14 days before the expiration of 
                the period of authorized employment.
                    ``(C) Limitations.--An extension of stay under this 
                subsection--
                            ``(i) may only commence upon the 
                        termination of the H-2A worker's contract with 
                        an employer;
                            ``(ii) may be effective immediately 
                        following the termination of a prior contract; 
                        and
                            ``(iii) may not exceed 11 months, excluding 
                        the 14-day period provided for travel or 
                        extension due to subsequent employment.
                    ``(D) Return to foreign country.--
                            ``(i) Requirement to return.--At the 
                        conclusion of 3 contract periods authorized 
                        under this section, the alien so employed may 
                        not be employed in the United States as an H-2A 
                        worker until the alien has returned to the 
                        alien's country of nationality or country of 
                        last residence for a period of not less than 6 
                        months.
                            ``(ii) Reentry.--The alien may become 
                        eligible for reentry into the United States as 
                        an H-2A worker after working in the United 
                        States for 2 contract periods and remaining the 
                        alien's country of nationality or country of 
                        last residence for not less than 4 months. The 
                        alien may also be eligible for re-entry to the 
                        United States as an H-2A worker after working 
                        in the United States for 1 contract period and 
                        remaining in the alien's country of nationality 
                        or country of last residence for not less than 
                        2 months.
            ``(2) Work authorization.--
                    ``(A) In general.--An alien who is lawfully present 
                in the United States on the date of the filing of a 
                petition to extend the stay of the alien may commence 
                or continue the employment described in a petition 
                under paragraph (1). The employer shall provide a copy 
                of the employer's petition for extension of stay to the 
                alien. The alien 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.
                    ``(B) Employment eligibility document.--Upon 
                approval of a petition for an extension of stay or 
                change in the alien's authorized employment, the 
                Secretary of Homeland Security 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.
                    ``(C) File defined.--In this paragraph, the term 
                `file' means sending the petition by certified mail via 
                the United States Postal Service, return receipt 
                requested, or delivering by guaranteed commercial 
                delivery which will provide the employer with a 
                documented acknowledgment of the date of receipt of the 
                petition for an extension of stay.
    ``(r) Special Rule for Aliens Employed as Livestock Workers.--
Notwithstanding any other provision of this section, an alien admitted 
as an H-2A worker for employment as a sheepherder, goatherder, 
livestock worker, or dairy worker may be admitted for a period of up to 
2 years.

               ``admission of cross-border h-2aa workers

    ``Sec. 218A. (a) Definition.--In this section, the term `H-2AA 
worker' means a nonimmigrant described in section 101(a)(15)(H)(ii)(a) 
who participates in the cross-border worker program established under 
this section.
    ``(b) Incorporation by Reference.--
            ``(1) In general.--Except as specifically provided under 
        paragraph (2), the provisions under section 218 shall apply to 
        H-2AA workers.
            ``(2) Exceptions.--The provisions under subsections 
        (b)(1)(B), (k)(2)(B), (k)(3), (k)(4) (except for subparagraph 
        (G)), and (r) of section 218 shall not apply to H-2AA workers.
    ``(c) Mandatory Entry and Exit.--An H-2AA worker who complies with 
the provisions of this section--
            ``(1) may enter the United States each scheduled work day, 
        in accordance with regulations promulgated by the Secretary of 
        Homeland Security; and
            ``(2) shall exit the United States before the end of each 
        day of such entrance.''.
            (2) Clerical amendment.--The table of contents of the 
        Immigration and Nationality Act is adding after the item 
        relating to section 218 the following:

        ``Sec. 218A. Admission of cross-border H-2AA workers.''.
    (b) Rulemaking.--
            (1) Issuance of visas.--Not later than 180 days after the 
        date of enactment of this Act, the Secretary of State shall 
        promulgate regulations, in accordance with the notice and 
        comment provisions of section 553 of title 5, United States 
        Code, to provide for uniform procedures for the issuance of 
        visas by United States consulates and consular officials to 
        nonimmigrants described in section 101(a)(15)(H)(ii)(a) of the 
        Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(H)(ii)(a)).
            (2) H-2AA border crossings.--The Secretary of Homeland 
        Security shall promulgate regulations to establish a process 
        for workers authorized to work in the United States under 
        section 218A of the Immigration and Nationality Act, as added 
        by subsection (a), to ensure that such workers expeditiously 
        enter and exit the United States during each work day.
    (c) Effective Date.--The amendment made by this section shall take 
effect on the date that is 180 days after the date of enactment of this 
Act.

SEC. 203. LEGAL ASSISTANCE FROM THE LEGAL SERVICES CORPORATION.

    Section 504 of the Migrant and Seasonal Agricultural Worker 
Protection Act (29 U.S.C. 1854) is amended--
            (1) by striking subsection (b) and inserting the following:
    ``(b) Legal Assistance.--(1) Upon application by a complainant and 
in such circumstances as the court may deem just, the court may appoint 
an attorney for such complainant and may authorize the commencement of 
the action.
    ``(2) The Legal Services Corporation may not provide legal 
assistance for or on behalf of any alien, and may not provide financial 
assistance to any person or entity that provides legal assistance for 
or on behalf of any alien, unless the alien--
            ``(A) is described in subsection (a); and
            ``(B) is present in the United States at the time the legal 
        assistance is provided.
    ``(3)(A) No party may bring a civil action for damages or other 
complaint on behalf of a nonimmigrant described in section 
101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(H)(ii)(a)) unless--
            ``(i) the party makes a request to the Federal Mediation 
        and Conciliation Service or an equivalent State program (as 
        defined by the Secretary of Labor) not later than 90 days 
        before bringing the action to assist the parties in reaching a 
        satisfactory resolution of all issues involving parties to the 
        dispute; and
            ``(ii) the parties to the dispute have attempted, in good 
        faith, mediation or other non-binding dispute resolution of all 
        issues involving all such parties.
    ``(B) If the mediator finds that an agricultural employer, 
agricultural association, or farm labor contractor has corrected a 
violation of the Migrant and Seasonal Agricultural Worker Protection 
Act (29 U.S.C. 1854) or of a regulation under such Act not later than 
14 days after the date on which such agricultural employer, 
agricultural association, or farm labor contractor was notified in 
writing of such violation, no action may be brought under such Act with 
respect to such violation.
    ``(C) Any settlement reached through the mediation process 
described in subparagraph (A) shall preclude any right of action 
arising out of the same facts between the parties in any Federal or 
State court or administrative proceeding.
    ``(4) An employer of a nonimmigrant described in section 
101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(H)(ii)(a)) shall not be required to permit any recipient of 
grants or contracts under section 1007 of the Legal Services 
Corporation Act (42 U.S.C. 2996f), or any employee of such recipient, 
to enter upon the employer's property unless such recipient or employee 
has a prearranged appointment with a particular worker.
    ``(5) The employer of a nonimmigrant described in section 
101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(H)(ii)(a)) shall post the contact information of the Legal 
Services Corporation in the dwelling and at the work site of each 
nonimmigrant employee.
    ``(6) There are authorized to be appropriated for each fiscal year 
such sums as may be necessary to carry out this subsection.''; and
            (2) by adding at the end the following:
    ``(g)(1) If a defendant prevails in an action under this section in 
which the plaintiff is represented by an attorney who is employed by 
the Legal Services Corporation or any entity receiving funds from the 
Legal Services Corporation, such entity or the Legal Services 
Corporation shall award to the prevailing defendant fees and other 
expenses incurred by the defendant in connection with the action.
    ``(2) As used in this subsection, the term `fees and other 
expenses' has the meaning given the term in section 504(b)(1)(A) of 
title 5, United States Code.
    ``(3) The court shall take whatever steps necessary, including the 
imposition of sanctions, to ensure compliance with this subsection.''.

                      TITLE III--BLUE CARD PROGRAM

SEC. 301. ADMISSION OF NECESSARY AGRICULTURAL WORKERS.

    (a) In General.--Chapter 2 of title II of the Immigration and 
Nationality Act (8 U.S.C. 1181 et seq.) is amended by inserting after 
section 218A, as added by section 202, the following:

                          ``blue card program

    ``Sec. 218B. (a) Definitions.--As used in this section--
            ``(1) the term `agricultural employment' means any service 
        or activity that is considered agricultural under section 3(f) 
        of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)), 
        agricultural labor under section 3121(g) of the Internal 
        Revenue Code of 1986 (26 U.S.C. 3121(g)), and labor and 
        services relating to commodities, livestock, dairy, forestry, 
        landscaping, fishing, and the processing of meat, poultry, and 
        fish;
            ``(2) the term `blue card status' means the status of an 
        alien who has been--
                    ``(A) lawfully admitted for a temporary period for 
                agricultural employment under subsection (b); and
                    ``(B) issued a tamper-resistant, machine-readable 
                document that--
                            ``(i) serves as the alien's visa, 
                        employment authorization, and travel 
                        documentation; and
                            ``(ii) contains such biometrics as are 
                        required by the Secretary;
            ``(3) the term `employer' means any person or entity, 
        including any farm labor contractor and any agricultural 
        association, that employs workers in agricultural employment;
            ``(4) the term `Secretary' means the Secretary of Homeland 
        Security; and
            ``(5) the term `United States worker' means any worker, 
        including a national of the United States, a lawfully admitted 
        permanent resident alien, and any other alien authorized to 
        work in the relevant job opportunity within the United States, 
        except--
                    ``(A) an alien admitted or otherwise provided 
                status under section 101(a)(15)(H)(ii)(a);
                    ``(B) an alien admitted or otherwise provided 
                status as an H-2AA worker; and
                    ``(C) an alien provided status under this section.
    ``(b) Blue Card Program.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, the Secretary may confer blue card status upon an alien 
        who qualifies under this subsection if, not later than 6 months 
        after the date of enactment of this section, the petitioning 
        employer attests and the Secretary determines that the alien--
                    ``(A) performed at least 1600 hours of agricultural 
                employment in the United States for that employer 
                during 2005;
                    ``(B) except as otherwise provided under paragraph 
                (2), is otherwise admissible to the United States under 
                section 212; and
                    ``(C) has never been convicted of a felony or a 
                misdemeanor in the United States.
            ``(2) Determination.--In determining an alien's eligibility 
        for Blue Card status, the Secretary shall--
                    ``(A) conduct a background investigation of the 
                alien, including a review of evidence submitted by the 
                petitioning employer in support of the attestation that 
                the alien meets the minimum work requirements; and
                    ``(B) interview the alien and require the alien to 
                answer questions concerning the alien's--
                            ``(i) physical and mental health;
                            ``(ii) criminal history and gang 
                        membership;
                            ``(iii) immigration history;
                            ``(iv) involvement with groups or 
                        individuals that have engaged in terrorism, 
                        genocide, persecution, or who seek the 
                        overthrow of the United States government;
                            ``(v) voter registration history;
                            ``(vi) claims to United States citizenship; 
                        and
                            ``(vii) tax history.
            ``(3) Waiver of certain grounds for inadmissibility.--In 
        determining an alien's eligibility for blue card status under 
        paragraph (1)(C)--
                    ``(A) the provisions of paragraphs (5), (6)(A), 
                (7)(A), and (9)(B) of section 212(a) shall not apply;
                    ``(B) the provisions of section 212(a)(6)(C) shall 
                not apply with respect to prior or current agricultural 
                employment; and
                    ``(C) the Secretary may not waive paragraph 
                (1),(2), or (3) of section 212(a) unless such waiver is 
                permitted under another provision of law.
            ``(4) Petitions.--
                    ``(A) In general.--An employer seeking blue card 
                status under this section for an alien employee shall 
                file a named petition for blue card status with the 
                Secretary.
                    ``(B) Employer petition.--An employer filing a 
                petition under subparagraph (A) shall--
                            ``(i) pay a registration fee of $3,000;
                            ``(ii) pay a processing fee to cover the 
                        actual costs incurred in adjudicating the 
                        petition;
                            ``(iii) include an affidavit signed by the 
                        beneficiary of the petition--
                                    ``(I) that certifies, under penalty 
                                of perjury under the laws of the United 
                                States, that the application and any 
                                evidence submitted with it is true and 
                                correct and that authorizes the release 
                                of any information contained in the 
                                petition and attached evidence for law 
                                enforcement purposes; and
                                    ``(II) that includes a waiver of 
                                rights that explains to the alien that, 
                                in exchange for the discretionary 
                                benefit of Blue Card status, the alien 
                                agrees to waive any right to 
                                administrative or judicial review or 
                                appeal of a determination by the 
                                Department of Homeland Security 
                                regarding the alien's eligibility for 
                                Blue Card status; and
                            ``(iv) provide an attestation, valid for 
                        not less than 60 days, that the employer--
                                    ``(I) conducted adequate 
                                recruitment in the area of intended 
                                employment before filing the petition; 
                                and
                                    ``(II) was unsuccessful in locating 
                                qualified United States workers for the 
                                job opportunity for which the 
                                certification is sought.
                    ``(C) Adequate recruitment.--
                            ``(i) Minimum requirement.--The adequate 
                        recruitment requirement under subparagraph 
                        (B)(iii) is satisfied if the employer--
                                    ``(I) places a job order with the 
                                America's Job Bank Program of the 
                                Department of Labor; and
                                    ``(II) places a Sunday 
                                advertisement in a newspaper of general 
                                circulation that is likely to be 
                                patronized by a potential worker in the 
                                area of intended employment.
                            ``(ii) Advertisement requirement.--An 
                        advertisement under clause (i)(II) shall--
                                    ``(I) name the employer;
                                    ``(II) direct applicants to report 
                                or send resumes, as appropriate for the 
                                occupation, to the employer;
                                    ``(III) provide a description of 
                                the vacancy that is specific enough to 
                                apprise United States workers of the 
                                job opportunity for which certification 
                                is sought;
                                    ``(IV) describe the geographic area 
                                with enough specificity to apprise 
                                applicants of any travel requirements 
                                and where applicants will likely have 
                                to reside to perform the job;
                                    ``(V) state the rate of pay, which 
                                must equal or exceed the wage paid to 
                                the H-2A employees in the occupation in 
                                the area of intended employment; and
                                    ``(VI) offer wages, terms, and 
                                conditions of employment, which are at 
                                least as favorable as those offered to 
                                the alien.
                    ``(D) Adjudication of petitions.--The Secretary of 
                Homeland Security shall ensure that--
                            ``(i) the petitioning process is secure and 
                        incorporates anti-fraud protections; and
                            ``(ii) all petitions for Blue Card status 
                        are processed not later than 12 months after 
                        the date of enactment of this section.
                    ``(E) Notification of adjudication.--The Secretary 
                shall provide notification of an adjudication of a 
                petition filed for an alien to the alien and to the 
                employer who filed such petition.
                    ``(F) Effect of denial.--If the Secretary denies a 
                petition filed for an alien, such alien shall return to 
                the country of the alien's nationality or last 
                residence outside the United States.
            ``(5) Blue card status.--
                    ``(A) Blue card.--
                            ``(i) All-in-one card.--The Secretary, in 
                        conjunction with the Secretary of State, shall 
                        develop a single machine-readable, tamper-
                        resistant document that--
                                    ``(I) authorizes the alien's entry 
                                into the United States;
                                    ``(II) serves, during the period an 
                                alien is in blue card status, as an 
                                employment authorized endorsement or 
                                other appropriate work permit for 
                                agricultural employment; and
                                    ``(III) serves as an entry and exit 
                                document to be used in conjunction with 
                                a proper visa or as a visa and as other 
                                appropriate travel and entry 
                                documentation using biometric 
                                identifiers that meet the biometric 
                                identifier standards jointly 
                                established by the Secretary of State 
                                and the Secretary.
                            ``(ii) Biometrics.--
                                    ``(I) Submission of identifiers.--
                                After a petition is filed by an 
                                employer and receipt of such petition 
                                is confirmed by the Secretary, the 
                                alien, in order to further adjudicate 
                                the petition, shall submit 2 biometric 
                                identifiers (such as a fingerprint and 
                                a digital photograph), as required by 
                                the Secretary, to an application 
                                support center, which the Secretary 
                                shall establish in each State.
                                    ``(II) Process.--The Secretary 
                                shall prescribe a process for the 
                                submission of a biometric identifier to 
                                be incorporated electronically into an 
                                employer's prior electronic filing of a 
                                petition. The Secretary shall prescribe 
                                an alternative process for employers to 
                                file a petition in a manner other than 
                                electronic filing, as needed.
                    ``(B) Document requirements.--The Secretary shall 
                issue a blue card that is--
                            ``(i) capable of reliably determining if 
                        the individual with the blue card whose 
                        eligibility is being verified is--
                                    ``(I) eligible for employment;
                                    ``(II) claiming the identity of 
                                another person; and
                                    ``(III) authorized to be admitted; 
                                and
                            ``(ii) compatible with--
                                    ``(I) other databases maintained by 
                                the Secretary to exclude aliens from 
                                benefits for which the aliens are not 
                                eligible and determine whether the 
                                alien is unlawfully present in the 
                                United States; and
                                    ``(II) law enforcement databases to 
                                determine if the alien has been 
                                convicted of criminal offenses.
                    ``(C) Authorized travel.--
                            ``(i) In general.--An alien may make brief 
                        visits outside the United States during the 
                        period in which the alien is in blue card 
                        status, in accordance with such regulations as 
                        are established by the Secretary, in 
                        conjunction with the Secretary of State.
                            ``(ii) Readmission.--An alien may be 
                        readmitted to the United States after a visit 
                        described in clause (i) without having to 
                        obtain a visa if the alien presents the alien's 
                        blue card document.
                            ``(iii) Effect of travel.--Such periods of 
                        time spent outside the United States shall not 
                        cause the period of blue card status in the 
                        United States to be extended.
                    ``(D) Portability.--
                            ``(i) In general.--During the period in 
                        which an alien is in blue card status, the 
                        alien issued a blue card may accept new 
                        employment upon the Secretary's receipt of a 
                        petition filed by an employer on behalf of the 
                        alien. Employment authorization shall continue 
                        for such alien until such petition is 
                        adjudicated.
                            ``(ii) Effect of denial.--If a petition 
                        filed under clause (i) is denied and the alien 
                        has ceased employment with the previous 
                        employer, the authorization under clause (i) 
                        shall terminate and the alien shall be required 
                        to return to the country of the alien's 
                        nationality or last residence.
                            ``(iii) Fee.--A fee may be required by the 
                        Secretary to cover the actual costs incurred in 
                        adjudicating a petition under this 
                        subparagraph. No other fee may be required 
                        under this subparagraph.
                    ``(E) Annual check in.--The employer of an alien in 
                blue card status who has been employed for 1 year in 
                blue card status shall confirm the alien's continued 
                status with the Secretary electronically or in writing. 
                Such confirmation will not require a further labor 
                attestation.
                    ``(F) Termination of blue card status.--The 
                Secretary may terminate the blue card status of an 
                alien upon a determination by the Secretary that--
                            ``(i) without the appropriate waiver, the 
                        granting of blue card status was the result of 
                        fraud or willful misrepresentation (as 
                        described in section 212(a)(6)(C)(i);
                            ``(ii) the alien is convicted of a felony 
                        or a misdemeanor committed in the United 
                        States; or
                            ``(iii) the alien is deportable or 
                        inadmissible under any other provision of this 
                        Act.
            ``(6) Period of authorized admission.--
                    ``(A) In general.--An alien may be granted blue 
                card status for a period not to exceed 2 years.
                    ``(B) Return to country.--At the end of the period 
                referred to in subparagraph (A), the alien shall return 
                to the country of nationality or last residence.
                    ``(C) Eligibility for nonimmigrant visa.--Upon 
                returning to the country of nationality or last 
                residence under subparagraph (B), the alien may apply 
                for an H-2A visa, an H-2AA visa, or any other 
                nonimmigrant visa.
                    ``(D) Reporting requirement.--Not later than 24 
                hours after an alien with blue card status ceases to be 
                employed by an employer, such employer shall notify the 
                Secretary of such cessation of employment. The 
                Secretary shall provide electronic means for making 
                such notification.
                    ``(E) Loss of employment.--
                            ``(i) In general.--The blue card status of 
                        an alien shall terminate if the alien is not 
                        employed for 60 or more consecutive days.
                            ``(ii) Return to country.--An alien whose 
                        period of authorized admission terminates under 
                        clause (i) shall return to the country of the 
                        alien's nationality or last residence.
            ``(7) Grounds for eligibility.--
                    ``(A) Bar to future visas for condition 
                violations.--If an alien having blue card status 
                violates any term or condition of such status, the 
                alien shall not be eligible for such status or for 
                future immigrant and non-immigrant status, as 
                determined by the Secretary.
                    ``(B) Aliens in h-2a status.--Any alien in lawful 
                H-2A status between January 1, 2005 and December 31, 
                2006 shall be ineligible for blue card status.
            ``(8) Bar of change or adjustment of status.--
                    ``(A) In general.--An alien having blue card status 
                shall not be eligible to change or adjust status in the 
                United States.
                    ``(B) Loss of eligibility.--An alien having blue 
                card status shall lose eligibility for such status if 
                the alien--
                            ``(i) files a petition to adjust status to 
                        legal permanent residence in the United States; 
                        or
                            ``(ii) requests a consular processing for 
                        an immigrant or non-immigrant visa outside the 
                        United States.
            ``(9) Judicial review.--There shall be no judicial review 
        of a denial of blue card status.
    ``(c) Safe Harbor.--
            ``(1) Safe harbor for alien.--An alien for whom a 
        nonfrivolous petition is filed under this section--
                    ``(A) shall be granted employment authorization 
                pending final adjudication of the petition;
                    ``(B) may not be detained, determined inadmissible, 
                or deportable, or removed pending final adjudication of 
                the petition for blue card status, unless the alien 
                commits an act which renders the alien ineligible for 
                such blue card status; and
                    ``(C) may not be considered an unauthorized alien 
                (as defined in section 274(h)(3)) if the alien is in 
                possession of a copy of a petition for status until 
                such petition is adjudicated.
            ``(2) Safe harbor for employer.--
                    ``(A) Tax liability.--An employer that files a 
                petition for blue card status for an alien shall not be 
                subject to civil and criminal tax liability relating 
                directly to the employment of such alien.
                    ``(B) Employment records.--An employer that 
                provides unauthorized aliens with copies of employment 
                records or other evidence of employment pursuant to the 
                petition shall not be subject to civil and criminal 
                liability pursuant to section 274A for employing such 
                authorized aliens.''.
    (b) Clerical Amendment.--The table of contents of the Immigration 
and Nationality Act is amended by inserting after the item relating to 
section 218A, as added by section 202, the following:

        ``Sec. 218B. Blue card program.''.
    (c) Penalties for False Statements.--Section 1546 of title 18, 
United States Code, is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following:
    ``(c) Any person, including the alien who is the beneficiary of a 
petition, who--
            ``(1) files a petition under section 218B(b)(3) of the 
        Immigration and Nationality Act; and
            ``(2)(A) knowingly and willfully falsifies, conceals, or 
        covers up a material fact related to such a petition;
            ``(B) 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 related to such a petition; or
            ``(C) creates or supplies a false writing or document for 
        use in making such a petition,
shall be fined in accordance with this title, imprisoned not more than 
5 years, or both.''.

SEC. 302. EFFECTIVE DATE.

    This title shall take effect on the date that is 6 months after the 
date of enactment of this Act.
                                 <all>