[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3017 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3017

To provide for a more structured and stable domestic agricultural labor 
          market in the United States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 22, 2011

 Mr. Berman (for himself, Ms. Zoe Lofgren of California, Mr. Conyers, 
  Mr. Gutierrez, Ms. Chu, Ms. Linda T. Sanchez of California, and Mr. 
    Baca) introduced the following bill; which was referred to the 
 Committee on the Judiciary, and in addition to the Committees on Ways 
 and Means, Education and the Workforce, and Agriculture, for a period 
    to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
To provide for a more structured and stable domestic agricultural labor 
          market in the United States, 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 Labor 
Market Reform Act of 2011''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title, table of contents.
Sec. 2. Definitions.
 TITLE I--EARNED ADJUSTMENT OF STATUS FOR CERTAIN AGRICULTURAL WORKERS 
                           AND THEIR FAMILIES

                      Subtitle A--Blue Card Status

Sec. 101. Requirements for blue card status.
Sec. 102. Treatment of aliens granted blue card status.
Sec. 103. Adjustment to permanent residence.
Sec. 104. Applications.
Sec. 105. Waiver of numerical limitations and certain grounds for 
                            inadmissibility.
Sec. 106. Administrative and judicial review.
Sec. 107. Use of information.
Sec. 108. Regulations, effective date, authorization of appropriations.
           Subtitle B--Correction of Social Security Records

Sec. 111. Correction of Social Security records.
     TITLE II--MANDATORY USE OF E-VERIFY BY FARM LABOR CONTRACTORS

Sec. 201. Amendments to the Illegal Immigration Reform and Immigrant 
                            Responsibility Act.
Sec. 202. Amendments to the Migrant and Seasonal Agricultural Worker 
                            Protection Act.
                    TITLE III--LABOR MARKET REFORMS

Sec. 301. Trust fund for agricultural labor market reform.
Sec. 302. Expenditures from trust fund.
  TITLE IV--EQUAL TREATMENT OF U.S. AND GUEST WORKERS UNDER THE H-2A 
                                PROGRAM

Sec. 401. Amendments to the Migrant and Seasonal Agricultural 
                            Protection Act.
Sec. 402. Amendments to the Internal Revenue Code.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Agricultural employment.--The term ``agricultural 
        employment'' has the meaning given such term in section 3 of 
        the Migrant and Seasonal Agricultural Worker Protection Act (29 
        U.S.C. 1802), without regard to whether the specific service or 
        activity is temporary or seasonal, including the performance of 
        agricultural labor or service described in section 
        101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act.
            (2) Blue card status.--The term ``blue card status'' means 
        the status of an alien who has been lawfully admitted into the 
        United States for temporary residence under section 101(a).
            (3) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (4) Employer.--The term ``employer'' means any person or 
        entity, including any farm labor contractor and any 
        agricultural association, that employs workers in agricultural 
        employment.
            (5) Secretary.--Except as otherwise provided, the term 
        ``Secretary'' means the Secretary of Homeland Security.

 TITLE I--EARNED ADJUSTMENT OF STATUS FOR CERTAIN AGRICULTURAL WORKERS 
                           AND THEIR FAMILIES

                      Subtitle A--Blue Card Status

SEC. 101. REQUIREMENTS FOR BLUE CARD STATUS.

    (a) Requirement To Grant Blue Card Status.--Notwithstanding any 
other provision of law, the Secretary shall, pursuant to the 
requirements of this section, grant blue card status to an alien who 
qualifies under this section if the Secretary determines that the 
alien--
            (1) during the 24-month period ending on December 31, 
        2010--
                    (A) performed agricultural employment in the United 
                States for at least 863 hours or 150 work days; or
                    (B) earned at least $7,500 from agricultural 
                employment in the United States;
            (2) applied for such status during the 18-month application 
        period beginning on the first day of the seventh month that 
        begins after the date of enactment of this Act;
            (3) is otherwise admissible to the United States under 
        section 212 of the Immigration and Nationality Act (8 U.S.C. 
        1182), except as otherwise provided under section 105(b); and
            (4) has not been convicted of any felony or a misdemeanor, 
        an element of which involves bodily injury, threat of serious 
        bodily injury, or harm to property in excess of $500.
    (b) Authorized Travel.--An alien who is granted blue card status is 
authorized to travel outside the United States (including commuting to 
the United States from a residence in a foreign country) in the same 
manner as an alien lawfully admitted for permanent residence.
    (c) Authorized Employment.--The Secretary shall provide an alien 
who is granted blue card status an employment authorized endorsement or 
other appropriate work permit, in the same manner as an alien lawfully 
admitted for permanent residence.
    (d) Termination of Blue Card Status.--
            (1) Deportable aliens.--The Secretary shall terminate blue 
        card status granted to an alien if the Secretary determines 
        that the alien is deportable.
            (2) Other grounds for termination.--The Secretary shall 
        terminate blue card status granted to an alien if--
                    (A) the Secretary finds, by a preponderance of the 
                evidence, that the adjustment to blue card status was 
                the result of fraud or willful misrepresentation, as 
                described in section 212(a)(6)(C)(i) of the Immigration 
                and Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)); or
                    (B) the alien--
                            (i) commits an act that makes the alien 
                        inadmissible to the United States under section 
                        212 of the Immigration and Nationality Act (8 
                        U.S.C. 1182), except as provided under section 
                        105(b);
                            (ii) is convicted of a felony or 3 or more 
                        misdemeanors committed in the United States;
                            (iii) is convicted of an offense, an 
                        element of which involves bodily injury, threat 
                        of serious bodily injury, or harm to property 
                        in excess of $500; or
                            (iv) fails to perform the agricultural 
                        employment required under paragraph (1)(A) of 
                        section 103(a) unless the alien was unable to 
                        work in agricultural employment due to the 
                        extraordinary circumstances described in 
                        paragraph (3) of such section.
    (e) Record of Employment.--
            (1) In general.--Each employer of an alien granted blue 
        card status shall annually--
                    (A) provide a written record of employment to the 
                alien; and
                    (B) provide a copy of such record to the Secretary.
            (2) Civil penalties.--
                    (A) In general.--If the Secretary finds, after 
                notice and opportunity for a hearing, that an employer 
                of an alien granted blue card status has failed to 
                provide the record of employment required under 
                paragraph (1) or has provided a false statement of 
                material fact in such a record, the employer shall be 
                subject to a civil penalty in an amount not to exceed 
                $1,000 per violation.
                    (B) Limitation.--The penalty applicable under 
                subparagraph (A) for failure to provide records shall 
                not apply unless the alien has provided the employer 
                with evidence of employment authorization granted under 
                this section.
            (3) Sunset.--The obligation under paragraph (1) shall 
        terminate on the date that is 6 years after the date of the 
        enactment of this Act.
    (f) Required Features of Identity Card.--The Secretary shall 
provide each alien granted blue card status, and the spouse and any 
child of each such alien residing in the United States, with a card 
that contains--
            (1) an encrypted, machine-readable, electronic 
        identification strip that is unique to the alien to whom the 
        card is issued;
            (2) biometric identifiers, including fingerprints and a 
        digital photograph; and
            (3) physical security features designed to prevent 
        tampering, counterfeiting, or duplication of the card for 
        fraudulent purposes.
    (g) Fine.--An alien granted blue card status shall pay a fine of 
$100 to the Secretary.
    (h) Maximum Number.--The Secretary may not issue more than 
1,000,000 blue cards during the 5-year period beginning on the date of 
the enactment of this Act.

SEC. 102. TREATMENT OF ALIENS GRANTED BLUE CARD STATUS.

    (a) In General.--Except as otherwise provided under this section, 
an alien granted blue card status (including a spouse or child of the 
alien granted derivative status) shall be considered to be an alien 
lawfully admitted for permanent residence for purposes of any law other 
than any provision of the Immigration and Nationality Act (8 U.S.C. 
1101 et seq.).
    (b) Delayed Eligibility for Certain Federal Public Benefits.--
Except as otherwise provided in law, an alien granted blue card status 
shall not be eligible, by reason of such status, for any form of 
assistance or benefit described in section 403(a) of the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996 (8 
U.S.C. 1613(a)) until 5 years after the date on which the alien is 
granted an adjustment of status under section 103.

SEC. 103. ADJUSTMENT TO PERMANENT RESIDENCE.

    (a) In General.--Except as provided in subsection (b), the 
Secretary shall adjust the status of an alien granted blue card status 
to that of an alien lawfully admitted for permanent residence if the 
Secretary determines that the following requirements are satisfied:
            (1) Qualifying employment.--
                    (A) In general.--Subject to subparagraph (B), the 
                alien has performed at least--
                            (i) 5 years of agricultural employment in 
                        the United States for at least 100 work days 
                        per year, during the 5-year period beginning on 
                        the date of the enactment of this Act; or
                            (ii) 3 years of agricultural employment in 
                        the United States for at least 150 work days 
                        per year, during the 3-year period beginning on 
                        the date of the enactment of this Act.
                    (B) 4-year period of employment.--An alien shall be 
                considered to meet the requirements of subparagraph (A) 
                if the alien has performed 4 years of agricultural 
                employment in the United States for at least 150 work 
                days during 3 years of those 4 years and at least 100 
                work days during the remaining year, during the 4-year 
                period beginning on the date of the enactment of this 
                Act.
            (2) Proof.--An alien may demonstrate compliance with the 
        requirement under paragraph (1) by submitting--
                    (A) the record of employment described in section 
                101(e); or
                    (B) documentation that may be submitted under 
                section 104(c).
            (3) Extraordinary circumstances.--In determining whether an 
        alien has met the requirement of paragraph (1)(A), the 
        Secretary may credit the alien with not more than 12 additional 
        months of agricultural employment in the United States to meet 
        such requirement if the alien was unable to work in 
        agricultural employment due to--
                    (A) pregnancy, injury, or disease, if the alien can 
                establish such pregnancy, disabling injury, or disease 
                through medical records;
                    (B) illness, disease, or other special needs of a 
                minor child, if the alien can establish such illness, 
                disease, or special needs through medical records;
                    (C) severe weather conditions that prevented the 
                alien from engaging in agricultural employment for a 
                significant period of time; or
                    (D) termination from agricultural employment, if 
                the Secretary finds that the termination was without 
                just cause and that the alien was unable to find 
                alternative agricultural employment after a reasonable 
                job search.
            (4) Application period.--The alien applies for adjustment 
        of status not later than 7 years after the date of the 
        enactment of this Act.
            (5) Fine.--The alien pays a fine of $400 to the Secretary.
    (b) Grounds for Denial of Adjustment of Status.--The Secretary 
shall deny an alien granted blue card status an adjustment of status 
under this section if--
            (1) the Secretary finds, by a preponderance of the 
        evidence, that the adjustment to blue card status was the 
        result of fraud or willful misrepresentation, as described in 
        section 212(a)(6)(C)(i) of the Immigration and Nationality Act 
        (8 U.S.C. 1182(a)(6)(C)(i)); or
            (2) the alien--
                    (A) commits an act that makes the alien 
                inadmissible to the United States under section 212 of 
                the Immigration and Nationality Act (8 U.S.C. 1182), 
                except as provided under section 105(b);
                    (B) is convicted of a felony or 3 or more 
                misdemeanors committed in the United States;
                    (C) is convicted of an offense, an element of which 
                involves bodily injury, threat of serious bodily 
                injury, or harm to property in excess of $500; or
                    (D) failed to perform the agricultural employment 
                required under paragraph (1)(A) of subsection (a) 
                unless the alien was unable to work in agricultural 
                employment due to the extraordinary circumstances 
                described in paragraph (3) of such subsection.
    (c) Grounds for Removal.--Any alien granted blue card status who 
does not apply for adjustment of status under this section before the 
expiration of the application period described in subsection (a)(4) or 
who fails to meet the other requirements of subsection (a) by the end 
of the application period, is deportable and may be removed under 
section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).
    (d) Payment of Taxes.--
            (1) In general.--Not later than the date on which an 
        alien's status is adjusted under this section, the alien shall 
        establish that the alien does not owe any applicable Federal 
        tax liability by establishing that--
                    (A) no such tax liability exists;
                    (B) all such outstanding tax liabilities have been 
                paid; or
                    (C) the alien has entered into an agreement for 
                payment of all outstanding liabilities with the 
                Internal Revenue Service.
            (2) Applicable federal tax liability.--In paragraph (1) the 
        term ``applicable Federal tax liability'' means liability for 
        Federal taxes, including penalties and interest, owed for any 
        year during the period of employment required under subsection 
        (a)(1) for which the statutory period for assessment of any 
        deficiency for such taxes has not expired.
            (3) IRS cooperation.--The Secretary of the Treasury shall 
        establish rules and procedures under which the Commissioner of 
        Internal Revenue shall provide documentation to an alien upon 
        request to establish the payment of all taxes required by this 
        subsection.
    (e) Spouses and Minor Children.--
            (1) In general.--Notwithstanding any other provision of 
        law, the Secretary shall confer the status of lawful permanent 
        resident on the spouse and minor child of an alien granted any 
        adjustment of status under subsection (a), including any 
        individual who was a minor child on the date such alien was 
        granted blue card status, if the spouse or minor child applies 
        for such status, or if the principal alien includes the spouse 
        or minor child in an application for adjustment of status to 
        that of a lawful permanent resident.
            (2) Treatment of spouses and minor children.--
                    (A) Granting of status and removal.--The Secretary 
                shall grant derivative status to the alien spouse and 
                any minor child residing in the United States of an 
                alien granted blue card status and shall not remove 
                such derivative spouse or child during the period that 
                the alien granted blue card status maintains such 
                status, except as provided in paragraph (3). A grant of 
                derivative status to such a spouse or child under this 
                subparagraph shall not decrease the number of aliens 
                who may receive blue card status under subsection (h) 
                of section 101.
                    (B) Travel.--The derivative spouse and any minor 
                child of an alien granted blue card status may travel 
                outside the United States in the same manner as an 
                alien lawfully admitted for permanent residence.
                    (C) Employment.--The derivative spouse of an alien 
                granted blue card status may apply to the Secretary for 
                a work permit to authorize such spouse to engage in any 
                lawful employment in the United States while such alien 
                maintains blue card status.
            (3) Grounds for denial of adjustment of status and 
        removal.--The Secretary shall deny an alien spouse or child 
        adjustment of status under paragraph (1) and may remove such 
        spouse or child under section 240 of the Immigration and 
        Nationality Act (8 U.S.C. 1229a) if the spouse or child--
                    (A) commits an act that makes the alien spouse or 
                child inadmissible to the United States under section 
                212 of such Act (8 U.S.C. 1182), except as provided 
                under section 105(b);
                    (B) is convicted of a felony or 3 or more 
                misdemeanors committed in the United States; or
                    (C) is convicted of an offense, an element of which 
                involves bodily injury, threat of serious bodily 
                injury, or harm to property in excess of $500.

SEC. 104. APPLICATIONS.

    (a) Submission.--The Secretary shall provide that--
            (1) applications for blue card status may be submitted--
                    (A) to the Secretary if the applicant is 
                represented by an attorney or a nonprofit religious, 
                charitable, social service, or similar organization 
                recognized by the Board of Immigration Appeals under 
                section 292.2 of title 8, Code of Federal Regulations; 
                or
                    (B) to a qualified designated entity if the 
                applicant consents to the forwarding of the application 
                to the Secretary; and
            (2) applications for adjustment of status under section 103 
        shall be filed directly with the Secretary.
    (b) Qualified Designated Entity Defined.--In this section, the term 
``qualified designated entity'' means a qualified farm labor 
organization and any affiliated organization or an association of 
employers designated by the Secretary.
    (c) Proof of Eligibility.--
            (1) In general.--An alien may establish that the alien 
        meets the requirement of section 101(a)(1) or 103(a)(1) through 
        government employment records or records supplied by employers 
        or collective bargaining organizations, and other reliable 
        documentation as the alien may provide. The Secretary shall 
        establish special procedures to properly credit work in cases 
        in which an alien was employed under an assumed name.
            (2) Documentation of work history.--
                    (A) Burden of proof.--An alien applying for status 
                under section 101(a) or 103(a) has the burden of 
                proving by a preponderance of the evidence that the 
                alien has worked the requisite number of hours or days 
                required under section 101(a)(1) or 103(a)(1), as 
                applicable.
                    (B) Timely production of records.--If an employer 
                or farm labor contractor employing such an alien has 
                kept proper and adequate records respecting such 
                employment, the alien's burden of proof under 
                subparagraph (A) may be met by securing timely 
                production of those records under regulations to be 
                promulgated by the Secretary.
                    (C) Sufficient evidence.--An alien may meet the 
                burden of proof under subparagraph (A) to establish 
                that the alien has performed the days or hours of work 
                required by section 101(a)(1) or 103(a)(1) by producing 
                sufficient evidence to show the extent of that 
                employment as a matter of just and reasonable 
                inference.
    (d) Applications Submitted to Qualified Designated Entities.--
            (1) Requirements.--Each qualified designated entity shall 
        agree--
                    (A) to forward to the Secretary an application 
                submitted to that entity pursuant to subsection 
                (a)(1)(B) if the applicant has consented to such 
                forwarding;
                    (B) not to forward to the Secretary any such 
                application if the applicant has not consented to such 
                forwarding; and
                    (C) to assist an alien in obtaining documentation 
                of the alien's work history, if the alien requests such 
                assistance.
            (2) No authority to make determinations.--No qualified 
        designated entity may make a determination required by this 
        subtitle to be made by the Secretary.
    (e) Limitation on Access to Information.--Files and records 
collected or compiled by a qualified designated entity for the purposes 
of this section are confidential and the Secretary shall not have 
access to such a file or record relating to an alien without the 
consent of the alien, except as allowed by a court order issued 
pursuant to subsection (f).
    (f) Confidentiality of Information.--
            (1) In general.--Except as otherwise provided in this 
        section, the Secretary or any other official or employee of the 
        Department or a bureau or agency of the Department is 
        prohibited from--
                    (A) using information furnished by the applicant 
                pursuant to an application filed under this title, the 
                information provided by an applicant to a qualified 
                designated entity, or any information provided by an 
                employer or former employer for any purpose other than 
                to make a determination on the application or for 
                imposing the penalties described in subsection (g);
                    (B) making any publication in which the information 
                furnished by any particular individual can be 
                identified; or
                    (C) permitting a person other than a sworn officer 
                or employee of the Department or a bureau or agency of 
                the Department or, with respect to applications filed 
                with a qualified designated entity, that qualified 
                designated entity, to examine individual applications.
            (2) Required disclosures.--The Secretary shall provide the 
        information furnished under this title or any other information 
        derived from such furnished information to--
                    (A) a duly recognized law enforcement entity in 
                connection with a criminal investigation or 
                prosecution, if such information is requested in 
                writing by such entity; or
                    (B) an official coroner, for purposes of 
                affirmatively identifying a deceased individual, 
                whether or not the death of such individual resulted 
                from a crime.
            (3) Construction.--
                    (A) In general.--Nothing in this subsection shall 
                be construed to limit the use, or release, for 
                immigration enforcement purposes or law enforcement 
                purposes, of information contained in files or records 
                of the Department pertaining to an application filed 
                under this section, other than information furnished by 
                an applicant pursuant to the application, or any other 
                information derived from the application, that is not 
                available from any other source.
                    (B) Criminal convictions.--Notwithstanding any 
                other provision of this subsection, information 
                concerning whether the alien applying for blue card 
                status or an adjustment of status under section 103 has 
                been convicted of a crime at any time may be used or 
                released for immigration enforcement or law enforcement 
                purposes.
            (4) Crime.--Any person who knowingly uses, publishes, or 
        permits information to be examined in violation of this 
        subsection shall be subject to a fine in an amount not to 
        exceed $10,000.
    (g) Penalties for False Statements in Applications.--
            (1) Criminal penalty.--Any person who--
                    (A) files an application for blue card status or an 
                adjustment of status under section 103 and knowingly 
                and willfully falsifies, conceals, or covers up a 
                material fact or makes any false, fictitious, or 
                fraudulent statements or representations, or makes or 
                uses any false writing or document knowing the same to 
                contain any false, fictitious, or fraudulent statement 
                or entry; or
                    (B) creates or supplies a false writing or document 
                for use in making such an application,
        shall be fined in accordance with title 18, United States Code, 
        imprisoned not more than 5 years, or both.
            (2) Inadmissibility.--An alien who is convicted of a crime 
        under paragraph (1) shall be considered to be inadmissible to 
        the United States on the ground described in section 
        212(a)(6)(C)(i) of the Immigration and Nationality Act (8 
        U.S.C. 1182(a)(6)(C)(i)).
    (h) Eligibility for Legal Services.--Section 504(a)(11) of Public 
Law 104-134 (110 Stat. 1321-53 et seq.) shall not be construed to 
prevent a recipient of funds under the Legal Services Corporation Act 
(42 U.S.C. 2996 et seq.) from providing legal assistance directly 
related to an application for blue card status or an adjustment of 
status under section 103.
    (i) Application Fees.--
            (1) Fee schedule.--The Secretary shall provide for a 
        schedule of fees that--
                    (A) shall be charged for the filing of an 
                application for blue card status or for an adjustment 
                of status under section 103; and
                    (B) may be charged by qualified designated entities 
                to help defray the costs of services provided to such 
                applicants.
            (2) Prohibition on excess fees by qualified designated 
        entities.--A qualified designated entity may not charge any fee 
        in excess of, or in addition to, the fees authorized under 
        paragraph (1)(B) for services provided to applicants.
            (3) Disposition of fees.--
                    (A) In general.--There is established in the 
                general fund of the Treasury a separate account, which 
                shall be known as the ``Agricultural Worker Immigration 
                Status Adjustment Account''. Notwithstanding any other 
                provision of law, there shall be deposited as 
                offsetting receipts into the account all fees collected 
                under paragraph (1)(A).
                    (B) Use of fees for application processing.--
                Amounts deposited in the ``Agricultural Worker 
                Immigration Status Adjustment Account'' shall remain 
                available to the Secretary until expended for 
                processing applications for blue card status or an 
                adjustment of status under section 103.

SEC. 105. WAIVER OF NUMERICAL LIMITATIONS AND CERTAIN GROUNDS FOR 
              INADMISSIBILITY.

    (a) Numerical Limitations Do Not Apply.--The numerical limitations 
of sections 201 and 202 of the Immigration and Nationality Act (8 
U.S.C. 1151 and 1152) shall not apply to the adjustment of aliens to 
lawful permanent resident status under section 103.
    (b) Waiver of Certain Grounds of Inadmissibility.--In the 
determination of an alien's eligibility for status under section 101(a) 
or an alien's eligibility for adjustment of status under section 
103(b)(2)(A) the following rules shall apply:
            (1) Grounds of exclusion not applicable.--The provisions of 
        paragraphs (5), (6)(A), (7), and (9) of section 212(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not 
        apply.
            (2) Waiver of other grounds.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the Secretary may waive any other provision of 
                such section 212(a) in the case of individual aliens 
                for humanitarian purposes, to ensure family unity, or 
                if otherwise in the public interest.
                    (B) Grounds that may not be waived.--Subparagraphs 
                (A), (B), (C), (D), (G), (H), and (I) of paragraph (2) 
                and paragraphs (3) and (4) of such section 212(a) may 
                not be waived by the Secretary under subparagraph (A).
                    (C) Construction.--Nothing in this paragraph shall 
                be construed as affecting the authority of the 
                Secretary other than under this subparagraph to waive 
                provisions of such section 212(a).
            (3) Special rule for determination of public charge.--An 
        alien is not ineligible for blue card status or an adjustment 
        of status under section 103 by reason of a ground of 
        inadmissibility under section 212(a)(4) of the Immigration and 
        Nationality Act (8 U.S.C. 1182(a)(4)) if the alien demonstrates 
        a history of employment in the United States evidencing self-
        support without reliance on public cash assistance.
    (c) Temporary Stay of Removal and Work Authorization for Certain 
Applicants.--
            (1) Before application period.--Effective on the date of 
        enactment of this Act, the Secretary shall provide that, in the 
        case of an alien who is apprehended before the beginning of the 
        application period described in section 101(a)(2) and who can 
        establish a nonfrivolous case of eligibility for blue card 
        status (but for the fact that the alien may not apply for such 
        status until the beginning of such period), until the alien has 
        had the opportunity during the first 30 days of the application 
        period to complete the filing of an application for blue card 
        status, the alien--
                    (A) may not be removed; and
                    (B) shall be granted authorization to engage in 
                employment in the United States and be provided an 
                employment authorized endorsement or other appropriate 
                work permit for such purpose.
            (2) During application period.--The Secretary shall provide 
        that, in the case of an alien who presents a nonfrivolous 
        application for blue card status during the application period 
        described in section 101(a)(2), including an alien who files 
        such an application within 30 days of the alien's apprehension, 
        and until a final determination on the application has been 
        made in accordance with this section, the alien--
                    (A) may not be removed; and
                    (B) shall be granted authorization to engage in 
                employment in the United States and be provided an 
                employment authorized endorsement or other appropriate 
                work permit for such purpose.

SEC. 106. ADMINISTRATIVE AND JUDICIAL REVIEW.

    (a) In General.--There shall be no administrative or judicial 
review of a determination respecting an application for blue card 
status or adjustment of status under section 103 except in accordance 
with this section.
    (b) Administrative Review.--
            (1) Single level of administrative appellate review.--The 
        Secretary shall establish an appellate authority to provide for 
        a single level of administrative appellate review of such a 
        determination.
            (2) Standard for review.--Such administrative appellate 
        review shall be based solely upon the administrative record 
        established at the time of the determination on the application 
        and upon such additional or newly discovered evidence as may 
        not have been available at the time of the determination.
    (c) Judicial Review.--
            (1) Limitation to review of removal.--There shall be 
        judicial review of such a determination only in the judicial 
        review of an order of removal under section 242 of the 
        Immigration and Nationality Act (8 U.S.C. 1252).
            (2) Standard for judicial review.--Such judicial review 
        shall be based solely upon the administrative record 
        established at the time of the review by the appellate 
        authority and the findings of fact and determinations contained 
        in such record shall be conclusive unless the applicant can 
        establish abuse of discretion or that the findings are directly 
        contrary to clear and convincing facts contained in the record 
        considered as a whole.

SEC. 107. USE OF INFORMATION.

    Beginning not later than the first day of the application period 
described in section 101(a)(2), the Secretary, in cooperation with 
qualified designated entities (as that term is defined in section 
104(b)), shall broadly disseminate information respecting the benefits 
that aliens may receive under this subtitle and the requirements that 
an alien is required to meet to receive such benefits.

SEC. 108. REGULATIONS, EFFECTIVE DATE, AUTHORIZATION OF APPROPRIATIONS.

    (a) Regulations.--The Secretary shall issue regulations to 
implement this subtitle not later than the first day of the seventh 
month that begins after the date of enactment of this Act.
    (b) Effective Date.--This subtitle shall take effect on the date 
that regulations required by subsection (a) are issued, regardless of 
whether such regulations are issued on an interim basis or on any other 
basis.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as may be necessary to 
implement this subtitle, including any sums needed for costs associated 
with the initiation of such implementation, for fiscal years 2011 and 
2012.

           Subtitle B--Correction of Social Security Records

SEC. 111. CORRECTION OF SOCIAL SECURITY RECORDS.

    (a) In General.--Section 208(e)(1) of the Social Security Act (42 
U.S.C. 408(e)(1)) is amended--
            (1) in subparagraph (B)(ii), by striking ``or'' at the end;
            (2) in subparagraph (C), by inserting ``or'' at the end;
            (3) by inserting after subparagraph (C) the following:
            ``(D) who is granted blue card status under the 
        Agricultural Labor Market Reform Act of 2011''; and
            (4) by striking ``1990.'' and inserting ``1990, or in the 
        case of an alien described in subparagraph (D), if such conduct 
        is alleged to have occurred before the date on which the alien 
        was granted blue card status.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the first day of the seventh month that begins after the 
date of the enactment of this Act.

     TITLE II--MANDATORY USE OF E-VERIFY BY FARM LABOR CONTRACTORS

SEC. 201. AMENDMENTS TO THE ILLEGAL IMMIGRATION REFORM AND IMMIGRANT 
              RESPONSIBILITY ACT.

    (a) In General.--Section 401(e) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (division C of Public Law 104-
208; 8 U.S.C. 1324a note) is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (4) and (5), respectively; and
            (2) by inserting after paragraph (1) the following:
            ``(2) Farm labor contractors.--Beginning on the date that 
        is 6 months after the date of enactment of the Agricultural 
        Labor Market Reform Act of 2011, any farm labor contractor (as 
        defined in section 3 of the Migrant and Seasonal Agricultural 
        Worker Protection Act (29 U.S.C.)) that hires workers for 
        agricultural employment (as defined in section 2(1) of such 
        Act) shall participate in the E-Verify program to confirm the 
        employment eligibility of all newly hired workers.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the first day of the seventh month that begins after the 
enactment of this Act.

SEC. 202. AMENDMENTS TO THE MIGRANT AND SEASONAL AGRICULTURAL WORKER 
              PROTECTION ACT.

    (a) The Migrant and Seasonal Agricultural Worker Protection Act 
(Public Law 97-470) is amended by inserting after section 105 (29 
U.S.C. 1815) the following:

``SEC. 106. PROHIBITION AGAINST EMPLOYING ILLEGAL ALIENS.

    ``(a) In General.--No farm labor contractor shall hire any 
individual who is an alien not lawfully admitted for permanent 
residence or who has not been otherwise authorized by the Secretary of 
Homeland Security to accept employment.
    ``(b) Compliance.--A farm labor contractor shall be considered to 
comply with subsection (a) if the farm labor contractor demonstrates 
that the farm labor contractor utilized the E-Verify program to confirm 
the employment eligibility of all workers hired beginning on the date 
that is 6 months after the date of enactment of the Agricultural Labor 
Market Reform Act of 2011.
    ``(c) Private Right of Action.--Any migrant or seasonal farmworker 
(including prospective employees) who has been discriminated against or 
otherwise aggrieved by a violation of this section may file suit 
pursuant to section 504.''.
    (b) The amendments made in subsection (a) shall apply to the hiring 
of an individual occurring on or after the first day of the seventh 
month beginning after the date of enactment.

                    TITLE III--LABOR MARKET REFORMS

SEC. 301. TRUST FUND FOR AGRICULTURAL LABOR MARKET REFORM.

    (a) Establishment.--The Secretary shall establish by regulation a 
trust fund the purpose of which is to provide funds for enhanced 
enforcement of labor standards in agricultural employment, for research 
and promotion of better labor management practices in agriculture and 
other measures which will increase worker productivity and reduce 
underemployment among farm workers.
    (b) Payment of Fines Into Trust Fund.--All fines received by the 
Secretary pursuant to sections 101(g) and 103(a)(5) shall be paid into 
the trust fund established by this subsection.
    (c) Disposition.--The amount in the trust fund shall be divided 
equally between the Departments of Labor and Agriculture on an annual 
basis for the uses set forth in section 302.

SEC. 302. EXPENDITURES FROM TRUST FUND.

    The monies allocated to the Department of Labor and Department of 
Agriculture under subsection 301(c) shall be expended as follows:
            (1) Department of labor.--The Department of Labor shall 
        expend all monies allocated to it under subsection 301(c) for 
        enforcement of the Migrant and Seasonal Agricultural Worker 
        Protection Act, the Fair Labor Standards Act, and the 
        Occupational Health and Safety Act in agricultural employment 
        including outreach to farm workers, labor organizations, faith-
        based and community organizations serving farm workers.
            (2) Department of agriculture.--The Department of 
        Agriculture shall expend all monies allocated to it under 
        subsection 301(c) for research and promotion of labor-saving 
        technology and labor management practices in agriculture 
        including ways to enhance worker productivity, better retain 
        workers, and more efficiently utilize the existing work force 
        by reducing farmworker underemployment.
            (3) Advisory committee.--The Secretaries of Agriculture and 
        Labor shall jointly establish an advisory committee composed of 
        an equal number of farm worker representatives appointed by the 
        Secretary of Labor and employer representatives appointed by 
        the Secretary of Agriculture to advise the Secretary of 
        Agriculture with respect to expenditures under paragraph (2).

  TITLE IV--EQUAL TREATMENT OF U.S. AND GUEST WORKERS UNDER THE H-2A 
                                PROGRAM

SEC. 401. AMENDMENTS TO THE MIGRANT AND SEASONAL AGRICULTURAL 
              PROTECTION ACT.

    (a) Section 3 of the Migrant and Seasonal Agricultural Worker 
Protection Act (Public Law 97-470) is amended--
            (1) in paragraph (8), by amending subparagraph (B) to read 
        as follows:
                    ``(B) The term `migrant agricultural worker' does 
                not include any immediate family member of an 
                agricultural employer or farm labor contractor.''; and
            (2) in paragraph (10), by amending subparagraph (B) to read 
        as follows:
                    ``(B) The term `seasonal agricultural worker' does 
                not include--
                            ``(i) any migrant agricultural worker; or
                            ``(ii) any immediate family member of an 
                        agricultural employer or farm labor 
                        contractor.''.
    (b) The amendments made by subsection (a) shall apply to the 
employment, recruitment, referral, or utilization of an individual 
occurring on or after the first day of the seventh month beginning 
after the date of enactment of this Act.

SEC. 402. AMENDMENTS TO THE INTERNAL REVENUE CODE.

    (a) In General.--The Internal Revenue Code of 1986 is amended by 
striking sections 3121(b)(1) and 3306(c)(B)(1)(B).
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect beginning on the first January 1st that occurs after the 
date of the enactment of this Act.
                                 <all>