[Congressional Record Volume 150, Number 2 (Wednesday, January 21, 2004)]
[Senate]
[Pages S109-S121]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. HAGEL (for himself and Mr. Daschle):
  S. 2010. A bill to strengthen national security and United States 
borders, reunify families, provide willing workers, and establish 
earned adjustment under the immigration laws of the United States; to 
the Committee on the Judiciary.
  Mr. HAGEL. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2010

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Immigration Reform Act of 
     2004: Strengthening America's National Security, Economy, and 
     Families'' or the ``Immigration Reform Act of 2004''.

                     TITLE I-- FAMILY REUNIFICATION

     SEC. 101. TREATMENT OF IMMEDIATE RELATIVES WITH RESPECT TO 
                   THE FAMILY IMMIGRATION CAP.

       (a) Exemption of Immediate Relatives From Family-Sponsored 
     Immigrant Cap.--Section 201(c)(1)(A) of the Immigration and 
     Nationality Act (8 U.S.C. 1151(c)(1)(A)) is amended by 
     striking clauses (i), (ii), and (iii) and inserting the 
     following:
       ``(i) 480,000, minus;
       ``(ii) the number computed under paragraph (3); plus
       ``(iii) the number (if any) computed under paragraph 
     (2).''.
       (b) Technical and Conforming Amendments.--Section 201(c) of 
     the Immigration and Nationality Act (8 U.S.C. 1151(c)) is 
     amended--
       (1) by striking paragraph (2); and
       (2) by redesignating paragraphs (3), (4), and (5) as 
     paragraphs (2), (3), and (4), respectively.

     SEC. 102. RECLASSIFICATION OF SPOUSES AND MINOR CHILDREN OF 
                   LEGAL PERMANENT RESIDENTS AS IMMEDIATE 
                   RELATIVES.

       (a) Immediate Relatives.--Section 201(b)(2)(A)(i) of the 
     Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) 
     is amended--
       (1) in the first sentence, by inserting ``or the spouses 
     and children of aliens lawfully admitted for permanent 
     residence,'' after ``United States,'';
       (2) in the second sentence--
       (A) by inserting ``or lawful permanent resident'' after 
     ``citizen'' each place that term appears; and
       (B) by inserting ``or lawful permanent resident's'' after 
     ``citizen's'' each place that term appears;
       (3) in the third sentence, by inserting ``or the lawful 
     permanent resident loses lawful permanent resident status'' 
     after ``United States citizenship''; and
       (4) by adding at the end the following: ``A spouse or 
     child, as defined in subparagraph (A), (B), (C), (D), or (E) 
     of section 101(b)(1) shall be entitled to the same status, 
     and the same order of consideration provided in the 
     respective subsection, if accompanying or following to join 
     the spouse or parent. The same treatment shall apply to 
     parents of citizens of the United States being entitled to 
     the same status, and the same order of consideration provided 
     in the respective subsection, if accompanying or following to 
     join their daughter or son.''.
       (b) Allocation of Immigrant Visas.--Section 203(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1153(a)) is 
     amended--
       (1) in paragraph (1), by striking ``23,400'' and inserting 
     ``38,000'';
       (2) by striking paragraph (2) and inserting the following:
       ``(2) Unmarried sons and unmarried daughters of permanent 
     resident aliens.--Qualified immigrants who are the unmarried 
     sons or unmarried daughters (but are not the children) of an 
     alien lawfully admitted for permanent residence shall be 
     allocated visas in a number not to exceed 60,000 plus the 
     number (if any) by which such worldwide level exceeds 
     226,000, plus any visas not required for the class specified 
     in paragraph (1).'';
       (3) in paragraph (3), by striking ``23,400'' and inserting 
     ``38,000''; and
       (4) in paragraph (4), by striking ``65,000'' and inserting 
     ``90,000''.
       (c) Technical and Conforming Amendments.--
       (1) Rules for determining whether certain aliens are 
     immediate relatives.--Section 201(f) of the Immigration and 
     Nationality Act (8 U.S.C. 1151(f)) is amended--
       (A) in paragraph (1), by striking ``paragraphs (2) and 
     (3),'' and inserting ``paragraph (2),'';
       (B) by striking paragraph (2); and
       (C) by redesignating paragraph (3) as paragraph (2).
       (2) Numerical limitation to any single foreign state.--
     Section 202 of the Immigration and Nationality Act (8 U.S.C. 
     1152) is amended--
       (A) in subsection (a)(4)--
       (i) by striking subparagraphs (A) and (B);
       (ii) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (A) and (B) respectively; and
       (iii) in subparagraph (A), as so redesignated, by striking 
     ``section 203(a)(2)(B)'' and inserting ``section 203(a)(2)''; 
     and
       (B) in subsection (e), in the flush matter following 
     paragraph (3), by striking ``, or as limiting the number of 
     visas that may be issued under section 203(a)(2)(A) pursuant 
     to subsection (a)(4)(A)''.
       (3) Allocation of immigration visas.--Section 203(h) of the 
     Immigration and Nationality Act (8 U.S.C. 1153(h)) is 
     amended--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``subsections (a)(2)(A) and (d)'' and inserting ``subsection 
     (d)'';
       (ii) in subparagraph (A), by striking ``becomes available 
     for such alien (or, in the case of subsection (d), the date 
     on which an immigrant visa number became available for the 
     alien's parent),'' and inserting ``became available for the 
     alien's parent,''; and
       (iii) in subparagraph (B), by striking ``applicable'';
       (B) in paragraph (2), by striking ``The petition'' and all 
     that follows through the period and inserting ``The petition 
     described in this paragraph is a petition filed under section 
     204 for classification of the alien's parent under subsection 
     (a), (b), or (c).''; and
       (C) in paragraph (3), by striking ``subsections (a)(2)(A) 
     and (d)'' and inserting ``subsection (d)''.
       (4) Procedure for granting immigrant status.--Section 204 
     of the Immigration and Nationality Act (8 U.S.C. 1154) is 
     amended--
       (A) in subsection (a)(1)--
       (i) in subparagraph (A)--

       (I) in clause (iii)--

       (aa) by inserting ``or legal permanent resident'' after 
     ``citizen'' each place that term appears; and
       (bb) in subclause (II)(aa)(CC)(bbb), by inserting ``or 
     legal permanent resident'' after ``citizenship'';

       (II) in clause (iv)--

       (aa) by inserting ``or legal permanent resident'' after 
     ``citizen'' each place that term appears; and
       (bb) by inserting ``or legal permanent resident'' after 
     ``citizenship'';

       (III) in clause (v)(I), by inserting ``or legal permanent 
     resident''; and
       (IV) in clause (vi)--

       (aa) by inserting ``or legal permanent resident status'' 
     after ``renunciation of citizenship''; and
       (bb) by inserting ``or legal permanent resident'' after 
     ``abuser's citizenship'';
       (ii) by striking subparagraph (B);
       (iii) by redesignating subparagraphs (C) through (J) as 
     subparagraphs (B) through (I), respectively;
       (iv) in subparagraph (B), as so redesignated, by striking 
     ``subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii)'' and 
     inserting ``clause (iii) or (iv) of subparagraph (A)''; and
       (v) in subparagraph (I), as so redesignated--

       (I) by striking ``or clause (ii) or (iii) of subparagraph 
     (B)''; and
       (II) by striking ``under subparagraphs (C) and (D)'' and 
     inserting ``under subparagraphs (B) and (C)'';

       (B) by striking subsection (a)(2);
       (C) in subsection (h), by striking ``or a petition filed 
     under subsection (a)(1)(B)(ii)''; and
       (D) in subsection (j), by striking ``subsection (a)(1)(D)'' 
     and inserting ``subsection (a)(1)(C)''.

     SEC. 103. EXCEPTIONS.

       Section 212(a)(9)(B)(iii) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(a)(9)(B)(iii)) is amended by 
     adding at the end the following:

       ``(V) Spouses and children of legal permanent residents or 
     citizens of the united states and parents of united states 
     citizens.--The provisions of this subparagraph or 
     subparagraph (C)(i)(I) shall be waived for spouses and 
     children of legal permanent residents or citizens of the 
     United States as well

[[Page S110]]

     as parents of citizens of the United States, as such terms 
     are defined in section 201(b)(2)(A)(i), on whose behalf or 
     who are derivative beneficiaries of a petition filed under 
     section 203 on or before the date of introduction of the 
     Immigration Reform Act of 2004.''.

                    TITLE II--WILLING WORKER PROGRAM

     SEC. 201. WILLING WORKERS.

       (a) H-2B Workers.--Section 101(a)(15)(H)(ii)(b) of the 
     Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)(H)(ii)(b)) is amended--
       (1) by inserting ``subject to section 212(t),'' before 
     ``having a residence''; and
       (2) by striking ``temporary service or labor'' and 
     inserting ``short-term service or labor, lasting not more 
     than 9 months''.
       (b) H-2C Workers.--Section 101(a)(15)(H)(ii)(b) of the 
     Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)(H)(ii)(b)) is amended by striking ``profession; 
     or'' and inserting ``profession, or (c) subject to section 
     212(t), who is coming temporarily to the United States to 
     perform labor or services, other than those occupation 
     classifications covered under the provisions of clause 
     (i)(b), (ii)(a), or (ii)(b) of this subparagraph or 
     subparagraph (L), (O), or (P), for a United States employer, 
     if United States workers qualified to perform such labor or 
     service cannot be identified; or''.

     SEC. 202. RECRUITMENT OF UNITED STATES WORKERS.

       Section 212 of the Immigration and Nationality Act (8 
     U.S.C. 1182) is amended--
       (1) by redesignating subsection (p), as added by section 
     1505(f) of Public Law 106-386 (114 Stat. 1526) as subsection 
     (s); and
       (2) by adding at the end the following:
       ``(t)(1) An employer that seeks to employ an alien 
     described in clause (ii)(b) or (ii)(c) of section 
     101(a)(15)(H) shall, with respect to an alien described in 
     such clause (ii)(b), 14 days prior to filing an application 
     under paragraph (3), and with respect to an alien described 
     in such clause (ii)(c), 30 days prior to filing an 
     application under paragraph (3), take the following steps to 
     recruit United States workers for the position for which the 
     nonimmigrant worker is sought:
       ``(A) Submit a copy of the job opportunity, including a 
     description of the wages and other terms and conditions of 
     employment, to the United States Employment Services within 
     the Department of Labor (ES) which shall provide the 
     employers with an acknowledgement of receipt of the 
     documentation provided to the ES in accordance with this 
     subparagraph.
       ``(B) Authorize the ES to post the job opportunity on 
     `America's Job Bank' and local job banks, and with 
     unemployment agencies and other labor referral and 
     recruitment sources pertinent to the job in question.
       ``(C) Authorize the ES to notify the central office of the 
     State Federation of Labor in the State in which the job is 
     located.
       ``(D) Post the availability of the job opportunity for 
     which the employer is seeking a worker in conspicuous 
     locations at the place of employment for all employees to 
     see.
       ``(E) Advertise, with respect to an alien described in such 
     clause (ii)(b), for at least 3 consecutive days, and for an 
     alien described in such clause (ii)(c), for at least 10 
     consecutive days, the availability of the job opportunity for 
     which the employer is seeking a worker in a publication with 
     the highest circulation in the labor market that is likely to 
     be patronized by a potential worker.
       ``(F) Based on recommendations by the local job service, 
     advertise the availability of the job opportunity in 
     professional, trade, or ethnic publications that are likely 
     to be patronized by a potential worker.
       ``(2) An employer that seeks to employ an alien described 
     in clause (ii)(b) or (ii)(c) of section 101(a)(15)(H) shall--
       ``(A) has offered the job to any United States worker who 
     applies and is qualified for the job for which the 
     nonimmigrant worker is sought and who is available at the 
     time of need; and
       ``(B) be required to maintain, for at least 1 year after 
     the employment relationship is terminated, documentation of 
     recruitment efforts and responses received prior to the 
     filing of the employer's application with the Secretary of 
     Labor, including resumes, applications, and if applicable, 
     tests of United States workers who applied and were not hired 
     for the job the employer seeks to fill with a nonimmigrant 
     worker.''.

     SEC. 203. ADMISSION OF WILLING WORKERS.

       (a) Application to the Secretary of Labor.--Section 212(t) 
     of the Immigration and Nationality Act (8 U.S.C. 1182(t)), as 
     added by section 202, is amended by adding after paragraph 
     (2) the following:
       ``(3) An employer that seeks to fill a position with an 
     alien described in clause (ii)(b) or (ii)(c) of section 
     101(a)(15)(H), shall file with the Secretary of Labor an 
     application attesting that--
       ``(A) the employer is offering and will offer during the 
     period of authorized employment to aliens admitted or 
     provided status as a nonimmigrant described in clause (ii)(b) 
     or (ii)(c) of section 101(a)(15)(H), wages that are at 
     least--
       ``(i) the actual wage level paid by the employer to all 
     other individuals with similar experience and qualifications 
     for the specific employment in question; or
       ``(ii) the prevailing wage level for the occupational 
     classification in the area of employment;

     whichever is greater, based on the best information available 
     at the time of the filing of the application, and for 
     purposes of clause (ii) the prevailing wage level shall be, 
     if the job opportunity is covered by a collective bargaining 
     agreement between a union and the employer, the wage rate set 
     forth in the collective bargaining agreement, or if the job 
     opportunity is not covered by a collective bargaining 
     agreement between a union and the employer, and it is in an 
     occupation that is covered by a wage determination under the 
     Davis-Bacon Act (40 U.S.C. 276a et seq.) or the Service 
     Contract Act of 1965 (41 U.S.C. 351 et seq.), the appropriate 
     statutory wage determination;
       ``(B) the employer will offer the same wages, benefits, and 
     working conditions for such nonimmigrant as those provided to 
     United States workers similarly employed in the same 
     occupation and the same place of employment;
       ``(C) there is not a strike, lockout, or labor dispute in 
     the occupational classification at the place of employment 
     (including any concerted activity to which section 7 of the 
     Labor Management Relations Act (29 U.S.C. 157) applies);
       ``(D) the employer will abide by all applicable laws and 
     regulations relating to the right of workers to join or 
     organize a union;
       ``(E) the employer has provided notice of the filing of the 
     application to the bargaining representative, if any, of the 
     employer's employees in the occupational classification at 
     the place of employment or, if there is no such bargaining 
     representative, has posted notice of the filing in 
     conspicuous locations at the place of employment for all 
     employees to see for not less than 10 business days for an 
     alien described in clause (ii)(b) of section 101(a)(15)(H) 
     and for not less than 25 business days for an alien described 
     in clause (ii)(c) of such section;
       ``(F) the employer (including its officers, 
     representatives, agents, or attorneys) has not required the 
     applicant to pay any fee or charge for preparing the 
     application and submitting it to the Secretary of Labor, the 
     Secretary of Homeland Security, or the Secretary of State;
       ``(G) the requirements for the job opportunity represent 
     the employer's actual minimum requirements for that job and 
     the employer will not hire nonimmigrant workers with less 
     training or experience;
       ``(H) the employer, within the 60 days prior to the filing 
     of the application and the 60 days following the filing, has 
     not laid-off, and will not lay-off, any United States worker 
     employed by the employer in any similar position at the place 
     of employment;
       ``(I) the employer, prior to the filing of the application, 
     has complied with the recruitment requirements in accordance 
     with paragraph (1); and
       ``(J) no job offer may impose on United States workers any 
     restrictions or obligations that will not be imposed by an 
     employer on a nonimmigrant worker described in clause (ii)(b) 
     or (ii)(c) of section 101(a)(15)(H).''.
       (b) Accompanied by Job Offer.--Section 212(t) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(t)), as 
     amended by subsection (a), is further amended by adding after 
     paragraph (3) the following:
       ``(4) Each application filed under paragraph (3) shall be 
     accompanied by--
       ``(A) a copy of the job offer describing the wages and 
     other terms and conditions of employment;
       ``(B) a statement of the minimum education, training, 
     experience, and requirements for the job opportunity in 
     question;
       ``(C) copies of the documentation submitted to the United 
     States Employment Services within the Department of Labor 
     (ES) to recruit United States workers in accordance with 
     paragraph (1);
       ``(D) copies of the advertisements to recruit United States 
     workers placed in publications in accordance with paragraph 
     (1); and
       ``(E) a copy of the acknowledgement of receipt provided to 
     the employer by the ES in accordance with paragraph 
     (1)(A).''.
       (c) Incomplete Applications; Retention of Application; 
     Filing of Petition.--Section 212(t) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(t)), as amended by subsection 
     (b), is further amended by adding after paragraph (4) the 
     following:
       ``(5) The Secretary of Labor shall review the application 
     and requisite documents filed in accordance with paragraphs 
     (3) and (4) for completeness and accuracy and if deficiencies 
     are found, the Secretary of Labor shall notify the employer 
     and provide the employer with an opportunity to address such 
     deficiencies.
       ``(6) A copy of the application and requisite documents 
     filed with the Secretary of Labor in accordance with 
     paragraphs (3) and (4) shall be retained by the employer in a 
     public access file at the employer's headquarters or 
     principal place of employment of the alien for the duration 
     of the employment relationship and for 1 year after the 
     termination of that employment relationship.
       ``(7) Upon the approval of an application by the Secretary 
     of Labor, an employer who seeks to employ an alien described 
     in clause (ii)(b) or (ii)(c) of section 101(a)(15)(H) shall 
     file a petition as required under section 214(c)(1) with the 
     Bureau of Citizenship and Immigration Services within the 
     Department of Homeland Security.
       ``(8) Upon finalization of the visa processing, the 
     Secretary of Homeland Security shall issue each alien who 
     obtains legal status under clause (ii)(b) or (ii)(c) of 
     section 101(a)(15)(H) with a counterfeit-resistant visa and a 
     document of authorization, both of

[[Page S111]]

     which meet all the requirements established by the Secretary 
     of Homeland Security for travel documents and reflects the 
     benefits and status set forth in this subsection.''.

     SEC. 204. WORKER PROTECTIONS.

       Section 212(t) of the Immigration and Nationality Act (8 
     U.S.C. 1182(t)), as amended by section 203, is further 
     amended by adding after paragraph (7) the following:
       ``(8)(A) Nothing in this subsection shall be construed to 
     limit the rights of an employee under a collective bargaining 
     agreement or other employment contract.
       ``(B) An alien admitted or otherwise provided status under 
     clause (ii)(b) or (ii)(c) of section 101(a)(15)(H) shall not 
     be denied any right or any remedy under Federal, State, or 
     local labor or employment law that is applicable to a United 
     States worker employed in a similar position with the 
     employer because of the status of the alien as a nonimmigrant 
     worker.
       ``(C) It shall be unlawful for an employer who has filed a 
     petition for a nonimmigrant worker described in clause 
     (ii)(b) or (ii)(c) of section 101(a)(15)(H) to intimidate, 
     threaten, restrain, coerce, blacklist, discharge, or in any 
     other manner, discriminate against an employee (including a 
     former employee) because the employee--
       ``(i) disclosed information, to the employer or to any 
     other person, that the employee reasonably believes evidences 
     a violation of this subsection or any rule or regulation 
     pertaining to this subsection; or
       ``(ii) because the employee cooperates or seeks to 
     cooperate in a government investigation or other proceeding 
     concerning the employer's compliance with the requirements of 
     this subsection or any rule or regulation pertaining to this 
     subsection.
       ``(D) The Secretary of Labor and the Secretary of Homeland 
     Security shall establish a process under which a nonimmigrant 
     worker described in clause (ii)(b) or (ii)(c) of section 
     101(a)(15)(H) who files a complaint regarding a violation of 
     this subsection, or any other rule or regulation pertaining 
     to this subsection and is otherwise eligible to remain and 
     work in the United States may be allowed to seek other 
     appropriate employment in the United States for a period not 
     to exceed the maximum period of stay authorized for that 
     nonimmigrant classification.
       ``(E)(i) The Secretary of Labor and the Special Counsel of 
     the Office of Special Counsel for Immigration-Related Unfair 
     Employment Practices within the Department of Justice 
     (referred to in this paragraph as the `Special Counsel') 
     shall jointly prescribe a process for the receipt, 
     investigation, and disposition of complaints respecting a 
     petitioner's failure to meet a condition specified in the 
     application submitted under paragraph (3), or a petitioner's 
     misrepresentation of a material fact in an application 
     submitted under paragraph (3). The Secretary of Labor and the 
     Special Counsel shall provide for coordinated enforcement 
     that ensures that the investigation and hearing process for a 
     complaint under this subparagraph is the same whether 
     conducted by the Secretary of Labor or the Special Counsel.
       ``(ii) A complaint may be filed under this subparagraph 
     with either the Secretary of Labor or the Special Counsel by 
     an aggrieved person or organization (including bargaining 
     representatives). The complaint shall be in writing under 
     oath and penalty of perjury, and shall contain such 
     information and be in such form as the Secretary of Labor or 
     the Special Counsel requires. No investigation or hearing 
     shall be conducted on a complaint concerning such a failure 
     or misrepresentation unless the complaint was filed not later 
     than 12 months after the date on which the failure or 
     misrepresentation became known or should have become known by 
     the complainant. The Secretary of Labor and the Special 
     Counsel shall jointly conduct an investigation under this 
     clause if there is reasonable basis to believe that such a 
     failure or misrepresentation has occurred.
       ``(iii) The process established under clause (i) shall 
     provide that, not later than 30 days after a complaint is 
     filed, a determination of whether or not a reasonable basis 
     exists to find a violation shall be made.
       ``(iv) If the Secretary of Labor or the Special Counsel, 
     after receiving a complaint under this subparagraph, 
     determines after an investigation that a reasonable basis 
     exists under clause (iii), the Secretary of Labor or the 
     Special Counsel, as the case may be, may require the parties 
     to submit the issues to conciliation pursuant to a process 
     jointly prescribed by the Secretary of Labor and the Special 
     Counsel. Such process shall remain confidential and may not 
     be made public by the Secretary of Labor, the Special 
     Counsel, their officers or employees, or either of the 
     parties or their representatives. The conciliation period 
     shall be 60 days. If there is a determination that there is a 
     reasonable likelihood that the complaint may be resolved 
     through conciliation, the conciliation process may be 
     extended up to 2 additional periods of 30 days each.
       ``(v) If the complaint is not resolved through 
     conciliation, then not later than 30 days after a 
     determination is made, the Secretary of Labor or the Special 
     Counsel, as the case may be, shall issue a notice to the 
     interested parties that provides an opportunity for a hearing 
     on the complaint, in accordance with section 556 of title 5, 
     United States Code.
       ``(vi) If, on the basis of an investigation of a complaint 
     under this subparagraph, it is determined that a reasonable 
     basis does not exist the Secretary of Labor or the Special 
     Counsel, as the case may be, shall issue a notice to the 
     interested parties and offer either party an opportunity to 
     appeal the determination of the Secretary of Labor or the 
     Special Counsel. The appeal will provide for a hearing on the 
     complaint, in accordance with section 556 of title 5, United 
     States Code.
       ``(vii) If after receipt of a complaint in accordance with 
     this subparagraph, no determination is issued within 30 days 
     of whether a reasonable basis exists to find a violation, the 
     interested or aggrieved party or their representative may 
     request a hearing on the matter in accordance with section 
     556 of title 5, United States Code, by filing the request 
     directly with the Office of the Chief Administrative Hearing 
     Officer.
       ``(viii) If either party disagrees with the determination 
     by the Secretary of Labor or the Special Counsel, they may 
     appeal the decision to the Office of the Chief Administrative 
     Hearing Officer, and if either party disagrees with the 
     determination by the Office of the Chief Administrative 
     Hearing Officer, they may appeal the decision to an 
     administrative law judge.
       ``(ix) If at any stage there is a determination that there 
     was a failure to meet a requirement of paragraph (3), or a 
     misrepresentation of a material fact in an application--
       ``(I) the Secretary of Labor, Special Counsel, Office of 
     the Chief Administrative Hearing Officer, or administrative 
     law judge, as the case may be, shall notify the Secretary of 
     Homeland Security of such findings, and may award such 
     equitable relief as the party making the determination deems 
     appropriate and impose administrative remedies, including 
     civil monetary penalties not to exceed $2,500 per violation; 
     and
       ``(II) the Secretary of Homeland Security shall not approve 
     petitions filed by that employer under section 214(c) for a 
     period of at least 1 year for aliens to be employed by the 
     employer.
       ``(x) The Secretary of Homeland Security may continue to 
     accept from an employer and approve a petition that is 
     subject to clause (ix)(II) if the employer shows to the 
     satisfaction of the Secretary that the act or omission giving 
     rise to such action was in good faith and that the employer 
     had reasonable grounds for believing that the employer's act 
     or omission was not a violation. A non-immigrant worker 
     covered by the application shall remain entitled to equitable 
     relief notwithstanding any such finding of good faith.
       ``(xi) If at any stage there is a determination that there 
     was a willful failure to meet a requirement of paragraph (3), 
     or a willful misrepresentation of a material fact in an 
     application--
       ``(I) the Secretary of Labor, Special Counsel, Office of 
     the Chief Administrative Hearing Officer, or administrative 
     law judge, as the case may be, shall notify the Secretary of 
     Homeland Security of such findings, and may award such 
     equitable relief as the party making the determination deems 
     appropriate and may impose administrative remedies, including 
     civil monetary penalties in an amount not to exceed $7,500 
     per violation; and
       ``(II) the Secretary of Homeland Security shall not approve 
     petitions filed with respect to that employer under section 
     214(c) during a period of at least 2 years for aliens to be 
     employed by the employer.
       ``(xii) If at any stage there is a determination that there 
     was a willful failure to meet a requirement of paragraph (3), 
     or a willful misrepresentation of material fact in an 
     application, in the course of which failure or 
     misrepresentation the employer displaced a United States 
     worker employed by the employer within the period beginning 
     60 days before and ending 60 days after the date of filing of 
     any visa petition supported by the application--
       ``(I) the Secretary of Labor, Special Counsel, Office of 
     the Chief Administrative Hearing Officer, or administrative 
     law judge, as the case may be, shall notify the Secretary of 
     Homeland Security of such findings, and may award such 
     equitable relief as the party making the determination deems 
     appropriate and may impose administrative remedies, including 
     civil monetary penalties in an amount not to exceed $35,000 
     per violation; and
       ``(II) the Secretary of Homeland Security shall not approve 
     petitions filed with respect to that employer under section 
     214(c) during a period of at least 3 years for aliens to be 
     employed by the employer.
       ``(F) The Secretary of Labor and Special Counsel shall have 
     the authority to initiate and pursue investigations and 
     audits of employers, whether upon complaint or otherwise, in 
     order to ensure that employers are not violating the rights 
     guaranteed under this subsection to nonimmigrant workers 
     described in clause (ii)(b) or (ii)(c) of section 
     101(a)(15)(H).''.

     SEC. 205. NOTIFICATION OF EMPLOYEE RIGHTS.

       Section 214(c), of the Immigration and Nationality Act (8 
     U.S.C. 1184(c)) is amended by adding at the end the 
     following:
       ``(11) An employer that employs an alien described in 
     clause (ii)(b) or (ii)(c) of section 101(a)(15)(H) shall 
     provide such alien with the same notification of the alien's 
     rights and remedies under Federal, State, and local laws that 
     the employer is required to provide to United States workers 
     and, upon request of the United States worker, make available 
     to United States employees a copy of the attested application 
     submitted by the employer regarding that alien to the 
     Secretary

[[Page S112]]

     of Labor and the application by the employer regarding that 
     alien submitted to the Secretary of Homeland Security.''.

     SEC. 206. PORTABILITY.

       Section 212(t) of the Immigration and Nationality Act (8 
     U.S.C. 1182(t)), as amended by section 204, is further 
     amended by adding after paragraph (8) the following:
       ``(9)(A) Except as provided in subparagraph (C), any alien 
     admitted or otherwise provided status as a nonimmigrant 
     described in section 101(a)(15)(H)(ii)(c) may change 
     employers only after the alien has been employed by the 
     petitioning employer for at least 3 months from the date of 
     admission or the date such status was otherwise acquired.
       ``(B) Except as provided in subparagraph (C), any alien 
     admitted or otherwise provided status as a nonimmigrant 
     described in section 101(a)(15)(H)(ii)(b) shall be prohibited 
     from changing employers after the alien has been employed by 
     the petitioning employer.
       ``(C) The 3-month employment requirement in subparagraph 
     (A) may be waived (without loss of status during the period 
     of the waiver) for a nonimmigrant described in section 
     101(a)(15)(H)(ii)(c) and the employment requirement in 
     subparagraph (B) may be waived (without loss of status during 
     the period of the waiver) for a nonimmigrant described in 
     section 101(a)(15)(H)(ii)(b) in circumstances where--
       ``(i) the alien began and continued the employment in good 
     faith but the employer violated a term or condition of 
     sponsorship of the alien under this Act or violated any other 
     law or regulation relating to the employment of the alien; or
       ``(ii) the personal circumstances of the alien changed so 
     as to require a change of employer, including family, 
     medical, or humanitarian reasons, a disability, or other 
     factor rendering the alien unable to perform the job.
       ``(D) If a waiver under subparagraph (C) is sought, the 
     application shall be accompanied by such evidence to warrant 
     the approval of such waiver.
       ``(E) A nonimmigrant alien admitted or otherwise provided 
     status as a nonimmigrant described in clause (ii)(b) or 
     (ii)(c) of section 101(a)(15)(H) may accept new employment 
     with a new employer upon the filing by the new employer of a 
     new application on behalf of such alien as provided under 
     paragraph (3). Employment authorization shall continue until 
     the new petition is adjudicated. If the new petition is 
     denied, the alien's right to work as established by this 
     subsection shall cease. The alien's right to work, if any, 
     established by any other provision of law, shall not be 
     affected by the denial of such new application.''.

     SEC. 207. SPOUSES AND CHILDREN OF WILLING WORKERS.

       Section 212(t) of the Immigration and Nationality Act (8 
     U.S.C. 1182(t)), as amended by section 206, is further 
     amended by adding after paragraph (9) the following:
       ``(10) A spouse or child of a nonimmigrant worker described 
     in clause (ii)(b) or (ii)(c) of section 101(a)(15)(H) shall 
     be eligible for derivative status by accompanying or 
     following to join the alien.''.

     SEC. 208. PETITIONS BY EMPLOYER GROUPS AND UNIONS.

       Section 214(c)(1) of the Immigration and Nationality Act (8 
     U.S.C. 1184(c)(1)) is amended--
       (1) by inserting after the first sentence the following: 
     ``In the case of an alien or aliens described in clause 
     (ii)(b) or (ii)(c) of section 101(a)(15)(H), the petition may 
     be filed by an associated or affiliated group of employers 
     that have multiple openings for similar employment on behalf 
     of the individual employers or by a union or union 
     consortium. The petition, if approved, will be valid for 
     employment in the described positions for the member 
     employers, the union, or union consortium, provided the 
     employing entity has complied with all applicable recruitment 
     requirements and paid the requisite petition fees.''; and
       (2) by adding at the end the following: ``Nothing in this 
     paragraph shall be construed to permit a recruiting entity or 
     job shop to petition for an alien described in clause (ii)(b) 
     or (ii)(c) of section 101(a)(15)(H).''.

     SEC. 209. PROCESSING TIME FOR PETITIONS.

       Section 214(c) of the Immigration and Nationality Act (8 
     U.S.C. 1184(c)), as amended by section 205, is further 
     amended by adding at the end the following:
       ``(12) The Secretary of Labor shall review the application 
     filed under section 212(t)(3) for completeness and accuracy 
     and issue a determination with regard to the application not 
     later than 21 days after the date on which the application 
     was filed.
       ``(13) The Secretary of Homeland Security shall establish a 
     process for reviewing and completing adjudications upon 
     petitions filed under this subsection with respect to 
     nonimmigrant workers described in clause (ii)(b) or (ii)(c) 
     of section 101(a)(15)(H) and derivative applications 
     associated with these petitions, not later than 60 days after 
     the completed petition has been filed.''.

     SEC. 210. TERMS OF ADMISSION.

       Section 214(g) of the Immigration and Nationality Act (8 
     U.S.C. 1184(g)) is amended by adding at the end the 
     following:
       ``(8) In the case of a nonimmigrant described in section 
     101(a)(15)(H)(ii)(b), the initial period of authorized 
     admission shall be for not more than 9 months from the date 
     of application for admission in such status in any 1-year 
     period. No nonimmigrant described in such section may be 
     admitted for a total period that exceeds 36 months in a 4-
     year period.
       ``(9) In the case of a nonimmigrant described in section 
     101(a)(15)(H)(ii)(c), the initial period of authorized 
     admission shall be for not more than 2 years. The employer 
     may petition for extensions of such status for an additional 
     period of not more than 2 years. No nonimmigrant described in 
     such section shall be admitted for a total period that 
     exceeds 4 years.
       ``(10)(A) The limitations contained in paragraphs (8) and 
     (9) with respect to the duration of authorized stay shall not 
     apply to any nonimmigrant alien previously issued a visa or 
     otherwise provided nonimmigrant status under section 
     101(a)(15)(H)(ii)(c) on whose behalf a petition has been 
     filed under section 204(b) to accord the alien immigrant 
     status under section 203(b), or an application for adjustment 
     of status has been filed under section 245 to accord the 
     alien status under section 203(b), if 365 days or more have 
     elapsed since--
       ``(i) the filing of a labor certification application on 
     behalf of the alien (if such certification is required for 
     the alien to obtain status under section 203(b)); or
       ``(ii) the filing of the petition under section 204(a).
       ``(B) The Secretary of Homeland Security shall extend the 
     stay of an alien who qualifies for an exemption under 
     subparagraph (A) in 1-year increments until such time as a 
     final decision is made--
       ``(i) to deny the application described in subparagraph 
     (A)(i), or, in a case in which such application is granted, 
     to deny a petition described in subparagraph (A)(ii) filed on 
     behalf of the alien pursuant to such grant;
       ``(ii) to deny the petition described in subparagraph 
     (A)(ii); or
       ``(iii) to grant or deny the alien's application for an 
     immigrant visa or for adjustment of status to that of an 
     alien lawfully admitted for permanent residence.''.

     SEC. 211. NUMBER OF VISAS ISSUED.

       Section 214(g)(1)(B) of the Immigration and Nationality Act 
     (8 U.S.C. 1184(g)(1)(B)) is amended to read as follows:
       ``(B)(i) under section 101(a)(15)(H)(ii)(c) may not exceed 
     250,000 in each of the 5 fiscal years following the fiscal 
     year in which the final regulations implementing the 
     amendments made by title II of the Immigration Reform Act of 
     2004 are published; and
       ``(ii) under section 101(a)(15)(H)(ii)(b) may not exceed 
     100,000 in each of the 5 fiscal years following the fiscal 
     year in which the final regulations implementing the 
     amendments made by title II of the Immigration Reform Act of 
     2004 are published, and may not exceed 66,000 in each fiscal 
     year thereafter.''.

     SEC. 212. IMMIGRATION STUDY COMMISSION.

       (a) Establishment.--On the date that is 3 years after the 
     date of enactment of this Act, there shall be established a 
     commission, to be known as the Immigration Study Commission 
     (referred to in this section as the ``Commission'') to review 
     the impact of this Act on the national security of the United 
     States, the national economy, and families, and to make 
     recommendations to Congress.
       (b) Membership.--
       (1) In general.--The Commission shall be composed of 12 
     members, of which--
       (A) 3 members shall be appointed by the majority leader of 
     the Senate;
       (B) 3 members shall be appointed by the minority leader of 
     the Senate;
       (C) 3 members shall be appointed by the Speaker of the 
     House of Representatives; and
       (D) 3 members shall be appointed by the minority leader of 
     the House of Representatives.
       (2) Qualifications.--The Commission members shall represent 
     the public and private sectors and have expertise in areas 
     that would best inform the work of the Commission, including 
     national security experts, economists, sociologists, worker 
     representatives, business representatives, and immigration 
     lawyers.
       (3) Chairperson.--The chairperson of the Commission shall 
     be a Commission member agreed upon by the majority and 
     minority leaders of the Senate, and the Speaker and the 
     minority leader of the House of Representatives.
       (4) Compensation and expenses.--The members of the 
     Commission shall not receive compensation for the performance 
     of services for the Commission, but shall be allowed travel 
     expenses, including per diem in lieu of subsistence, at rates 
     authorized for employees of agencies under subchapter I of 
     chapter 57 of title 5, United States Code, while away from 
     their homes or regular places of business in the performance 
     of services for the Commission.
       (5) Terms.--Each member shall be appointed for the life of 
     the Commission. Any vacancy shall be filled by whomever 
     initially appointed the member of that seat.
       (c) Administrative Provisions.--
       (1) Location.--The Commission shall be located in a 
     facility maintained by the Bureau of Citizenship and 
     Immigration Services.
       (2) Detail of government employees.--Any Federal Government 
     employee may be detailed to the Commission without 
     reimbursement, and such detail shall be without interruption 
     or loss of civil service status or privilege.
       (3) Information from federal agencies.--The Commission may 
     secure directly from any Federal department or agency such 
     information as the Commission considers necessary to carry 
     out the provisions of this section. Upon request of the 
     Commission, the head of such department or agency shall 
     furnish such information to the Commission.

[[Page S113]]

       (4) Hearings.--The Commission may hold such hearings, sit 
     and act at such times and places, take such testimony, and 
     receive such evidence as the Commission considers advisable 
     to carry out the objectives of this section, except that, to 
     the extent possible, the Commission shall use existing data 
     and research.
       (5) Postal services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other departments and agencies of the Federal Government.
       (d) Report.--Not later than 1 year after all of the members 
     are appointed to the Commission, the Commission shall submit 
     to Congress a preliminary report that summarizes the 
     directions of the Commission and initial recommendations. Not 
     later than 2 years after the Commission members are 
     appointed, the Commission shall submit to Congress a report 
     that summarizes the findings of the Commission and make such 
     recommendations as are consistent with this Act.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Bureau of Citizenship and 
     Immigration Services such sums as may be necessary to carry 
     out this section.

     SEC. 213. CHANGE OF STATUS.

       Section 212(t) of the Immigration and Nationality Act (8 
     U.S.C. 1182(t)), as amended by section 207, is further 
     amended by adding after paragraph (10) the following:
       ``(11) An alien admitted as a nonimmigrant or otherwise 
     provided status under clause (ii)(b) or (ii)(c) of section 
     101(a)(15)(H) shall be eligible to obtain a change of status 
     to another immigrant or nonimmigrant classification that the 
     alien may be eligible for.''.

     SEC. 214. ADJUSTMENT OF STATUS TO LAWFUL PERMANENT RESIDENT.

       (a) Employment-Based Immigrant Visas.--Section 212(t) of 
     the Immigration and Nationality Act (8 U.S.C. 1182(t)), as 
     amended by section 213, is further amended by adding after 
     paragraph (11) the following:
       ``(12)(A) Nonimmigrant aliens admitted or otherwise 
     provided status under clause (ii)(b) or (ii)(c) of section 
     101(a)(15)(H) shall be eligible for an employment-based 
     immigrant visa pursuant to section 203(b)(3) and adjustment 
     of status pursuant to section 245.
       ``(B) Pursuant to subparagraph (A), for purposes of 
     adjustment of status under section 245(a) or issuance of an 
     immigrant visa under section 203(b)(3), employment-based 
     immigrant visas shall be made available, without regard to 
     any numerical limitation imposed by section 201 or 202, to an 
     alien having nonimmigrant status described in clause (ii)(b) 
     or (ii)(c) of section 101(a)(15)(H) upon the filing of a 
     petition for such a visa by--
       ``(i) the employer or any collective bargaining agent of 
     the alien; or
       ``(ii) the alien, provided the alien has been employed 
     under such nonimmigrant status for at least 3 years.
       ``(C) The spouse or child of an alien granted status under 
     clause (ii)(b) or (ii)(c) of section 101(a)(15)(H) shall be 
     eligible as a derivative beneficiary for an immigrant visa 
     and adjustment of status.''.
       (b) Dual Intent.--Section 214(h) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(h)) is amended by inserting 
     ``(H)(ii)(b), (H)(ii)(c),'' after ``(H)(i),''.

     SEC. 215. GROUNDS OF INADMISSIBILITY.

       Section 212(t) of the Immigration and Nationality Act (8 
     U.S.C. 1182(t)), as amended by section 214(a), is further 
     amended by adding after paragraph (12) the following:
       ``(13) In determining the admissibility of an alien under 
     clause (ii)(b) or (ii)(c) of section 101(a)(15)(H), 
     violations of grounds of inadmissibility described in 
     paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(G), (7), (9), and 
     (10)(B) of section 212(a) committed prior to the application 
     under such section, or the approval of a change of status to 
     a classification under such section shall not apply if the 
     violation was committed before the date of introduction of 
     the Immigration Reform Act of 2004.''.

     SEC. 216. PETITION FEES.

       Section 212(t) of the Immigration and Nationality Act (8 
     U.S.C. 1182(t)), as amended by section 215, is further 
     amended by adding after paragraph (13) the following:
       ``(14)(A) An employer filing a petition for an alien 
     described in section 101(a)(15)(H)(ii)(c) shall be required 
     to pay a filing fee for each alien, based on the cost of 
     carrying out the processing duties under this subsection, and 
     a secondary fee of--
       ``(i) $250, in the case of an employer employing 25 
     employees or less;
       ``(ii) $500, in the case of an employer employing between 
     26 and 150 employees;
       ``(iii) $750, in the case of an employer employing between 
     151 and 500 employees; or
       ``(iv) $1,000, in the case of an employer employing more 
     than 500 employees.
       ``(B) An employer filing a petition for an alien described 
     in section 101(a)(15)(H)(ii)(b) shall be required to pay a 
     filing fee for each alien, based on the costs of carrying out 
     the processing duties under this subsection, and a secondary 
     fee of--
       ``(i) $125, in the case of an employer employing 25 
     employees or less;
       ``(ii) $250, in the case of an employer employing between 
     26 and 150 employees;
       ``(iii) $375, in the case of an employer employing between 
     151 and 500 employees; or
       ``(iv) $500, in the case of an employer employing more than 
     500 employees.
       ``(C) The fees collected under this paragraph shall be 
     deposited into accounts within the Department of Homeland 
     Security, the Department of Labor, and the Department of 
     State, and allocated such that--
       ``(i) 15 percent of the amounts received shall be made 
     available to the Department of Homeland Security until 
     expended to carry out the requirements related to processing 
     petitions filed by employers for aliens described in clause 
     (ii)(b) or (ii)(c) of section 101(a)(15)(H);
       ``(ii) 20 percent of the amounts received shall be made 
     available to the Department of Labor until expended to--
       ``(I) carry out the requirements related to processing 
     attestations filed by employers for aliens described in 
     clause (ii)(b) or (ii)(c) of section 101(a)(15)(H); and
       ``(II) increase the funds available to the United States 
     Employment Services to assist State employment service 
     agencies in responding to employers and employees contacting 
     such agencies as a result of paragraph (1);
       ``(iii) 15 percent of the amounts received shall be made 
     available to the Department of State until expended to carry 
     out the requirements related to processing applications for 
     visas by aliens under clause (ii)(b) or (ii)(c) of section 
     101(a)(15)(H);
       ``(iv) 20 percent of the amounts received shall be made 
     available for the performance of functions under section 
     212(t)(8)(F) as the Secretary of Labor and the Special 
     Counsel of the Office of the Special Counsel for Immigration-
     Related Unfair Employment Practices within the Department of 
     Justice may agree; and
       ``(v) 30 percent of the amounts received shall be made 
     available to the Department of Homeland Security for 
     implementation of border security measures.''.

     SEC. 217. TERMINATON OF H-2C TEMPORARY WORKER PROGRAM.

       Section 212(t) of the Immigration and Nationality Act (8 
     U.S.C. 1182(t)), as amended by section 216, is further 
     amended by adding after paragraph (14) the following:
       ``(15) The temporary worker program for aliens described in 
     section 101(a)(15)(H)(ii)(c) shall terminate at the end of 
     the fiscal year that is 5 years after the fiscal year in 
     which the final regulations implementing the amendments made 
     by title II of the Immigration Reform Act of 2004 are 
     published. Congress shall review the temporary worker program 
     before the expiration of the program based on the findings 
     and recommendations submitted by the Immigration Study 
     Commission under section 212(d) of the Immigration Reform Act 
     of 2004.''.

     SEC. 218. DEFINITIONS.

       Section 212(t) of the Immigration and Nationality Act (8 
     U.S.C. 1182(t)), as amended by section 217, is further 
     amended by adding after paragraph (15) the following:
       ``(16) In this subsection:
       ``(A) The term `employer' means any person or entity that 
     employs workers in labor or services that are not 
     agricultural, and shall not include recruiting entities or 
     job shops.
       ``(B) The term `job opportunity' means a job opening for 
     temporary full-time or part-time employment at a place in the 
     United States to which United States workers can be referred.
       ``(C)(i) The term `lays off', with respect to a worker--
       ``(I) means to cause the worker's loss of employment, other 
     than through a discharge for inadequate performance, 
     violation of workplace rules, cause, voluntary departure, 
     voluntary retirement, contract impossibility, termination of 
     the position or company, temporary layoffs due to weather, 
     markets, or other temporary conditions; but
       ``(II) does not include any situation in which the worker 
     is offered, as an alternative to such loss of employment, a 
     similar employment opportunity with the same employer 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.
       ``(ii) Nothing in this subparagraph is intended to limit an 
     employee's rights under a collective bargaining agreement or 
     other employment contract.
       ``(D) The term `United States worker' means any worker, 
     whether a United States citizen or national, a lawfully 
     admitted permanent resident alien, or any other alien, who is 
     authorized to work in the job opportunity within the United 
     States, except an alien admitted or otherwise provided status 
     under clause (ii)(b) or (ii)(c) of section 101(a)(15)(H).''.

     SEC. 219. COLLECTIVE BARGAINING AGREEMENTS.

       Notwithstanding any other provision of law, the fact that 
     an individual holds a visa as a nonimmigrant worker described 
     in clause (ii)(b) or (ii)(c) of section 101(a)(15)(H) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) 
     shall not render that individual ineligible to qualify as an 
     employee under the National Labor Relations Act (29 U.S.C. 
     151 et seq.) or to be protected under section 7 of that Act 
     (29 U.S.C. 157).

     SEC. 220. REPORT ON WAGE DETERMINATION.

       Not later than 2 years after the date of enactment of this 
     Act, the Bureau of Labor Statistics shall prepare and 
     transmit to the Committees on Health, Education, Labor and 
     Pensions and the Judiciary in the Senate and the Committees 
     on Education and the Workforce and the Judiciary in the House 
     of Representatives, a report that addresses--
       (1) whether the employment of workers described in clause 
     (ii)(b) or (ii)(c) of section 101(a)(15)(H) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) in 
     the

[[Page S114]]

     United States workforce has impacted United States worker 
     wages;
       (2) whether any changes should be made for a future wage 
     system, based on, inter alia, an examination of the 
     Occupational Employment System survey, its calculation of 
     wage data based on skill and experience levels, difference 
     among types of employers (specifically for-profit and 
     nonprofit, and government and nongovernment);
       (3) whether use of private, independent wage surveys would 
     provide accurate and reliable criteria to determine wage 
     rates; and
       (4) any other recommendations that are warranted.

     SEC. 221. INELIGIBILITY FOR CERTAIN NONIMMIGRANT STATUS.

       (a) Bar to Future Visas for Condition Violations.--Any 
     alien who has status pursuant to section 245B of the 
     Immigration and Nationality Act, as added by title III, or 
     clause (ii)(b) or (ii)(c) of section 101(a)(15)(H) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)), 
     shall not be eligible in the future for such nonimmigrant 
     status if the alien violates any term or condition of such 
     status.
       (b) Aliens Unlawfully Present.--Any alien who enters the 
     United States after the date of enactment of this Act without 
     being admitted or paroled shall be ineligible for 
     nonimmigrant status under clause (ii)(b) or (ii)(c) of 
     section 101(a)(15)(H) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(15)(H)).

     SEC. 222. INVESTIGATIONS BY DEPARTMENT OF HOMELAND SECURITY 
                   DURING LABOR DISPUTES.

       (a) In General.--When information is received by the 
     Department of Homeland Security concerning the employment of 
     undocumented or unauthorized aliens, consideration should be 
     given to whether the information is being provided to 
     interfere with the rights of employees to--
       (1) form, join, or assist labor organizations or to 
     exercise their rights not to do so;
       (2) be paid minimum wages and overtime;
       (3) have safe work places;
       (4) receive compensation for work related injuries;
       (5) be free from discrimination based on race, gender, age, 
     national origin, religion, or handicap; or
       (6) retaliate against employees for seeking to vindicate 
     these rights.
       (b) Determination of Labor Dispute.--Whenever information 
     received from any source creates a suspicion that an 
     immigration enforcement action might involve the Department 
     of Homeland Security in a labor dispute, a reasonable attempt 
     should be made by Department of Homeland Security enforcement 
     officers to determine whether a labor dispute is in progress. 
     The information officer at the regional office of the 
     National Labor Relations Board can supply status information 
     on unfair labor practice charges or union election or 
     decertification petitions that are pending involving most 
     private sector, non-agricultural employers. Wage and hour 
     information can be obtained from the Wage and Hour Division 
     of the Department of Labor or the State labor department.
       (c) Relevant Questions for Informant.--In order to protect 
     the Department of Homeland Security from unknowingly becoming 
     involved in a labor dispute, persons who provide information 
     to the Department of Homeland Security about the employer or 
     employees involved in the dispute should be asked--
       (1) their names;
       (2) whether there is a labor dispute in progress at the 
     worksite;
       (3) whether the person is or was employed at the worksite 
     in question (or by a union representing workers at the 
     worksite);
       (4) if applicable, whether the person is or was employed in 
     a supervisory or managerial capacity or is related to anyone 
     who is;
       (5) how the person came to know that the subjects lacked 
     legal authorization to work, as well as the source and 
     reliability of the information concerning the subject's 
     status;
       (6) whether the person had or is having a dispute with the 
     employer or the subjects of the information; and
       (7) if the subjects of the information have raised 
     complaints or grievances about hours, working conditions, 
     discriminatory practices, or union representation or actions, 
     or whether the subjects have filed workers' compensation 
     claims.
       (d) BICE Review.--There is no prohibition for enforcing the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.), even 
     when there may be a labor dispute in progress, however, where 
     it appears that information may have been provided in order 
     to interfere with or to retaliate against employees for 
     exercising their rights, no action should be taken on this 
     information without review and approval by the Bureau of 
     Immigration and Customs Enforcement.
       (e) Enforcement Action.--When enforcement action is taken 
     by the Department of Homeland Security and the Department 
     determines that there is a labor dispute in progress, or that 
     information was provided to the Department of Homeland 
     Security to retaliate against employees for exercising their 
     employment rights, the lead immigration officer in charge of 
     the Department of Homeland Security enforcement team at the 
     worksite must ensure, to the extent possible, that any aliens 
     who are arrested or detained and are necessary for the 
     prosecution of any violations are not removed from the 
     country without notifying the appropriate law enforcement 
     agency that has jurisdiction over the violations.
       (f) Interviews.--Any arrangements for aliens to be held or 
     interviewed by investigators or attorneys for the Department 
     of Labor, the State labor department, the National Labor 
     Relations Board, or any other agencies or entities that 
     enforce labor or employment laws will be determined on a 
     case-by-case basis.

     SEC. 223. PROTECTION OF WITNESSES.

       Chapter 8 of title II of the Immigration and Nationality 
     Act (8 U.S.C. 1151 et seq.) is amended by adding after 
     section 280 the following:


                           ``stay of removal

       ``Sec. 280A. (a) An alien against whom removal proceedings 
     have been initiated pursuant to chapter 4, who has filed a 
     workplace claim or who is a material witness in any pending 
     or anticipated proceeding involving a workplace claim, shall 
     be entitled to a stay of removal and to an employment 
     authorized endorsement unless the Department of Labor 
     established by a preponderance of the evidence in proceedings 
     before the immigration judge presiding over that alien's 
     removal hearing--
       ``(1) that--
       ``(A) the Department of Homeland Security initiated the 
     alien's removal proceeding for wholly independent reasons and 
     not in any respect based on, or as a result of, any 
     information provided to or obtained by the Department of 
     Homeland Security from the alien's employer, from any outside 
     source, including any anonymous source, or as a result of the 
     filing or prosecution of the workplace claim; and
       ``(B) the workplace claim was filed with a bad faith intent 
     to delay or avoid the alien's removal; or
       ``(2) that the alien has engaged in criminal conduct or is 
     a threat to the national security of the United States.
       ``(b) Any stay of removal or work authorization issued 
     pursuant to subsection (a) shall remain valid and in effect 
     at least during the pendency of the proceedings concerning 
     such workplace claim. The Secretary of Homeland Security 
     shall extend such relief for a period of not longer than 3 
     additional years upon determining that--
       ``(1) such relief would enable the alien asserting the 
     workplace claim to be made whole;
       ``(2) the deterrent goals of any statute underlying the 
     workplace claim would thereby be served; or
       ``(3) such extension would otherwise further the interests 
     of justice.
       ``(c) In this section--
       ``(1) the term `workplace claim' shall include any claim, 
     charge, complaint, or grievance filed with or submitted to 
     the employer, a Federal or State agency or court, or an 
     arbitrator, to challenge an employer's alleged civil or 
     criminal violation of any legal or administrative rule or 
     requirement affecting the terms or conditions of its workers' 
     employment or the hiring or firing of its workers; and
       ``(2) the term `material witness' means an individual who 
     presents an affidavit from an attorney prosecuting or 
     defending the workplace claim or from the presiding officer 
     overseeing the workplace claim attesting that, to the best of 
     the affiant's knowledge and belief, reasonable cause exists 
     to believe that the testimony of the individual will be 
     crucial to the outcome of the workplace claim.


     ``confidentiality of immigration information obtained during 
                       administrative proceedings

       ``Sec. 280B. (a) No officer or employee, including any 
     former officer or employee, of any Federal or State 
     administrative agency with jurisdiction over any employer's 
     workplace shall disclose to the Department of Homeland 
     Security, or cause to be published in a manner that discloses 
     to the Department of Homeland Security, any information 
     concerning the immigration status of any worker obtained by 
     that officer or employee in connection with the official 
     duties of that officer or employee, and the Department of 
     Homeland Security shall not, in any enforcement action or 
     removal proceeding, use or rely upon, in whole or in part, 
     any information so obtained.
       ``(b) Any person who knowingly uses, publishes, or permits 
     information to be used in violation of subsection (a) shall 
     be fined not more than $10,000.''.

     SEC. 224. DOCUMENT FRAUD.

       Section 274C(d)(3) of the Immigration and Nationality Act 
     (8 U.S.C. 1324c(d)(3)) is amended by inserting before ``In 
     applying this subsection'' the following: ``The civil 
     penalties set forth in subparagraphs (A) and (B) shall be 
     tripled in the case of any commercial enterprise that commits 
     any violation of subsection (a) principally for commercial 
     advantage or financial gain.''.

                 TITLE III--ACCESS TO EARNED ADJUSTMENT

     SEC. 301. ADJUSTMENT OF STATUS.

       (a) In General.--Chapter 5 of title II of the Immigration 
     and Nationality Act (8 U.S.C. 1255 et seq.) is amended by 
     inserting after section 245A the following:


                     ``access to earned adjustment

       ``Sec. 245B. Access to earned adjustment.
       ``(a) Adjustment of Status.--
       ``(1) Principal aliens.--Notwithstanding any other 
     provision of law, the Secretary of Homeland Security shall 
     adjust to the status of an alien lawfully admitted for 
     permanent residence, an alien who satisfies the following 
     requirements:

[[Page S115]]

       ``(A) Application.--The alien shall file an application 
     establishing eligibility for adjustment of status and pay the 
     fine required under subsection (m) and any additional amounts 
     owed under that subsection.
       ``(B) Continuous physical presence.--
       ``(i) In general.--The alien shall establish that the 
     alien--

       ``(I) was physically present in the United States for at 
     least 5 years preceding the date of introduction of the 
     Immigration Reform Act of 2004;
       ``(II) was not legally present on the date of introduction 
     of the Immigration Reform Act of 2004; and
       ``(III) has not departed from the United States except for 
     brief, casual, and innocent departures.

       ``(ii) Legally present.--For purposes of this subparagraph, 
     an alien who has violated any conditions of his or her visa 
     shall not be considered to be legally present in the United 
     States.
       ``(C) Admissible under immigration laws.--The alien shall 
     establish that the alien is not inadmissible under section 
     212(a) except for any provision of that section that is 
     waived under subsection (b) of this section.
       ``(D) Employment in united states.--
       ``(i) In general.--The alien shall have been employed in 
     the United States, in the aggregate, for--

       ``(I) at least 3 of the 5 years immediately preceding the 
     date on which the Immigration Reform Act of 2004 was 
     introduced; and
       ``(II) at least 1 year following the date of enactment of 
     such Act.

       ``(ii) Exceptions.--The employment requirements in clause 
     (i) shall not apply to an individual who is under 20 years of 
     age on the date of introduction of the Immigration Reform Act 
     of 2004, and the employment requirement in clause (i)(II) 
     shall be reduced for an individual who cannot demonstrate 
     employment based on a physical or mental disability or as a 
     result of pregnancy.
       ``(iii) Portability.--An alien shall not be required to 
     complete the employment requirements in clause (i) with the 
     same employer.
       ``(iv) Evidence of employment.--

       ``(I) Conclusive documents.--For purposes of satisfying the 
     requirements in clause (i), the alien shall submit at least 2 
     of the following documents for each period of employment, 
     which shall be considered conclusive evidence of such 
     employment:

       ``(aa) Records maintained by the Social Security 
     Administration.
       ``(bb) Records maintained by an employer, such as pay 
     stubs, time sheets, or employment work verification.
       ``(cc) Records maintained by the Internal Revenue Service.
       ``(dd) Records maintained by a union or day labor center.
       ``(ee) Records maintained by any other government agency, 
     such as worker compensation records, disability records, or 
     business licensing records.

       ``(II) Other documents.--Aliens unable to submit documents 
     described in subclause (I) shall submit at least 3 other 
     types of reliable documents, including sworn declarations, 
     for each period of employment to satisfy the requirement in 
     clause (i).
       ``(III) Intent of congress.--It is the intent of Congress 
     that the requirement in clause (i) be interpreted and 
     implemented in a manner that recognizes and takes into 
     account the difficulties encountered by aliens in obtaining 
     evidence of employment due to the undocumented status of the 
     alien.

       ``(v) Burden of proof.--An alien applying for adjustment of 
     status under this subsection has the burden of proving by a 
     preponderance of the evidence that the alien has satisfied 
     the employment requirements in clause (i). An alien may 
     satisfy such burden of proof by producing sufficient evidence 
     to show the extent of that employment as a matter of just and 
     reasonable inference. Once the burden is met, the burden 
     shall shift to the Secretary of Homeland Security to disprove 
     the alien's evidence with a showing which negates the 
     reasonableness of the inference to be drawn from the 
     evidence.
       ``(E) Payment of income taxes.--Not later than the date on 
     which status is adjusted under this subsection, the alien 
     shall establish the payment of all Federal income taxes owed 
     for employment during the period of employment required under 
     subparagraph (D)(i). The alien may satisfy such requirement 
     by establishing that--
       ``(i) no such tax liability exists;
       ``(ii) all outstanding liabilities have been met; or
       ``(iii) the alien has entered into an agreement for payment 
     of all outstanding liabilities with the Internal Revenue 
     Service.
       ``(F) Basic citizenship skills.--
       ``(i) In general.--Except as provided in clause (ii), the 
     alien shall demonstrate that the alien either--

       ``(I) meets the requirements of section 312(a) (relating to 
     minimal understanding of ordinary English and a knowledge and 
     understanding of the history and government of the United 
     States); or
       ``(II) is satisfactorily pursuing a course of study, 
     recognized by the Secretary of Homeland Security, to achieve 
     such understanding of English and the history and government 
     of the United States.

       ``(ii) Exceptions.--

       ``(I) Mandatory.--The requirements of clause (i) shall not 
     apply to any person who is unable to comply with those 
     requirements because of a physical or developmental 
     disability or mental impairment.
       ``(II) Discretionary.--The Secretary of Homeland Security 
     may waive all or part of the requirements of clause (i) in 
     the case of an alien who is 65 years of age or older as of 
     the date of the filing of the application for adjustment of 
     status.

       ``(G) Security and law enforcement clearances.--The alien 
     shall submit fingerprints in accordance with procedures 
     established by the Secretary of Homeland Security. Such 
     fingerprints shall be submitted to relevant Federal agencies 
     to be checked against existing databases for information 
     relating to criminal, national security, or other law 
     enforcement actions that would render the alien ineligible 
     for adjustment of status under this subsection. The relevant 
     Federal agencies shall work to ensure that such clearances 
     are completed within 90 days of the submission of 
     fingerprints. An appeal of a security clearance determination 
     by the Secretary of Homeland Security shall be processed 
     through the Department of Homeland Security.
       ``(H) Military selective service.--The alien shall 
     establish that if the alien is within the age period required 
     under the Military Selective Service Act (50 U.S.C. App. 451 
     et seq.), that such alien has registered under that Act.
       ``(2) Spouses and children.--
       ``(A) In general.--
       ``(i) Adjustment of status.--Notwithstanding any other 
     provision of law, the Secretary of Homeland Security shall, 
     if otherwise eligible under subparagraph (B), adjust the 
     status to that of a lawful permanent resident for--

       ``(I) the spouse, or child who was under 21 years of age on 
     the date of enactment of the Immigration Reform Act of 2004, 
     of an alien who adjusts status or is eligible to adjust 
     status to that of a permanent resident under paragraph (1); 
     or
       ``(II) an alien who, within 5 years preceding the date of 
     enactment of the Immigration Reform Act of 2004, was the 
     spouse or child of an alien who adjusts status to that of a 
     permanent resident under paragraph (1), if--

       ``(aa) the termination of the qualifying relationship was 
     connected to domestic violence; or
       ``(bb) the spouse or child has been battered or subjected 
     to extreme cruelty by the spouse or parent who adjusts status 
     or is eligible to adjust status to that of a permanent 
     resident under paragraph (1).
       ``(ii) Application of other law.--In acting on applications 
     filed under this paragraph with respect to aliens who have 
     been battered or subjected to extreme cruelty, the Secretary 
     of Homeland Security shall apply the provisions of section 
     204(a)(1)(J) and the protections, prohibitions, and penalties 
     under section 384 of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1367).
       ``(B) Grounds of inadmissibility not applicable.--In 
     establishing admissibility to the United States, the spouse 
     or child described in subparagraph (A) shall establish that 
     they are not inadmissible under section 212(a), except for 
     any provision of that section that is waived under subsection 
     (b) of this section.
       ``(C) Security and law enforcement clearance.--The spouse 
     or child, if that child is 14 years of age or older, 
     described in subparagraph (A) shall submit fingerprints in 
     accordance with procedures established by the Secretary of 
     Homeland Security. Such fingerprints shall be submitted to 
     relevant Federal agencies to be checked against existing 
     databases for information relating to criminal, national 
     security, or other law enforcement actions that would render 
     the alien ineligible for adjustment of status under this 
     subsection. The relevant Federal agencies shall work to 
     ensure that such clearances are completed within 90 days of 
     the submission of fingerprints. An appeal of a denial by the 
     Secretary of Homeland Security shall be processed through the 
     Department of Homeland Security.
       ``(3) Nonapplicability of numerical limitations.--When an 
     alien is granted lawful permanent resident status under this 
     subsection, the number of immigrant visas authorized to be 
     issued under any provision of this Act shall not be reduced.
       ``(b) Grounds of Inadmissibility.--In the determination of 
     an alien's admissibility under paragraphs (1)(C) and (2) of 
     subsection (a), the following shall apply:
       ``(A) Grounds that may not be waived.--The following 
     provisions of section 212(a) may not be waived by the 
     Secretary of Homeland Security under subparagraph (C)(i) of 
     this subsection:
       ``(i) Paragraph (1) (relating to health).
       ``(ii) Paragraph (2) (relating to criminals).
       ``(iii) Paragraph (3) (relating to security and related 
     grounds).
       ``(iv) Subparagraphs (A) and (C) of paragraph (10) 
     (relating to polygamists and child abductors).
       ``(B) Grounds of inadmissibility not applicable.--The 
     provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F), 
     (6)(G), (7), (9), and (10)(B) of section 212(a) shall not 
     apply to an alien who is applying for adjustment of status 
     under subsection (a).
       ``(C) Waiver of other grounds.--
       ``(i) In general.--Except as provided in subparagraph (A), 
     the Secretary of Homeland Security may waive any provision of 
     section 212(a) in the case of individual aliens for 
     humanitarian purposes, to ensure family unity, or when it is 
     otherwise in the public interest.
       ``(ii) Construction.--Nothing in this subparagraph shall be 
     construed as affecting the

[[Page S116]]

     authority of the Secretary of Homeland Security, other than 
     under this subparagraph, to waive the provisions of section 
     212(a).
       ``(D) Special rule for determination of public charge.--An 
     alien is not ineligible for adjustment of status under 
     subsection (a) by reason of a ground of inadmissibility under 
     section 212(a)(4) if the alien establishes a history of 
     employment in the United States evidencing self-support 
     without public cash assistance.
       ``(E) Special rule for individuals where there is no 
     commercial purpose.--An alien is not ineligible for 
     adjustment of status under subsection (a) by reason of a 
     ground of inadmissibility under section 212(a)(6)(E) if the 
     alien establishes that the action referred to in that section 
     was taken for humanitarian purposes, to ensure family unity, 
     or was otherwise in the public interest.
       ``(F) Applicability of other provisions.--Section 241(a)(5) 
     and section 240B(d) shall not apply with respect to an alien 
     who is applying for adjustment of status under subsection 
     (a).
       ``(c) Treatment of Applicants.--
       ``(1) In general.--An alien who files an application under 
     subsection (a)(1)(A) for adjustment of status, including a 
     spouse or child who files for adjustment of status under 
     subsection (b)--
       ``(A) shall be granted employment authorization pending 
     final adjudication of the alien's application for adjustment 
     of status;
       ``(B) shall be granted permission to travel abroad pursuant 
     to regulation pending final adjudication of the alien's 
     application for adjustment of status;
       ``(C) shall not be detained, determined inadmissible or 
     deportable, or removed pending final adjudication of the 
     alien's application for adjustment of status, unless the 
     alien commits an act which renders the alien ineligible for 
     such adjustment of status; and
       ``(D) shall not be considered an unauthorized alien as 
     defined in section 274A(h)(3) until such time as employment 
     authorization under subparagraph (A) is denied.
       ``(2) Document of authorization.--The Secretary of Homeland 
     Security shall provide each alien described in paragraph (1) 
     with a counterfeit-resistant document of authorization that 
     meets all current requirements established by the Secretary 
     of Homeland Security for travel documents and reflects the 
     benefits and status set forth in subparagraphs (A) through 
     (D) of paragraph (1).
       ``(3) Security and law enforcement clearance.--Before an 
     alien is granted employment authorization or permission to 
     travel under paragraph (1), the alien shall be required to 
     undergo a name check against existing databases for 
     information relating to criminal, national security, or other 
     law enforcement actions. The relevant Federal agencies shall 
     work to ensure that such name checks are completed not later 
     than 90 days after the date on which the name check is 
     requested.
       ``(4) Termination of proceedings.--An alien in removal 
     proceedings who establishes prima facie eligibility for 
     adjustment of status under subsection (a) shall be entitled 
     to termination of the proceedings pending the outcome of the 
     alien's application, unless the removal proceedings are based 
     on criminal or national security grounds.
       ``(d) Apprehension Before Application Period.-- The 
     Secretary of Homeland Security shall provide that in the case 
     of an alien who is apprehended before the beginning of the 
     application period described in subsection (a) and who can 
     establish prima facie eligibility to have the alien's status 
     adjusted under that subsection (but for the fact that the 
     alien may not apply for such adjustment until the beginning 
     of such period), until the alien has had the opportunity 
     during the first 180 days of the application period to 
     complete the filing of an application for adjustment, the 
     alien may not be removed from the United States unless the 
     alien is removed on the basis that the alien has engaged in 
     criminal conduct or is a threat to the national security of 
     the United States.
       ``(e) Confidentiality of Information.--
       ``(1) In general.--Except as otherwise provided in this 
     section, no Federal agency or bureau, nor any officer or 
     employee of such agency or bureau, may--
       ``(A) use the information furnished by the applicant 
     pursuant to an application filed under paragraph (1) or (2) 
     of subsection (a) for any purpose other than to make a 
     determination on the application;
       ``(B) make any publication through which the information 
     furnished by any particular applicant can be identified; or
       ``(C) permit anyone other than the sworn officers and 
     employees of such agency, bureau, or approved entity, as 
     approved by the Secretary of Homeland Security, to examine 
     individual applications that have been filed.
       ``(2) Required disclosures.--The Secretary of Homeland 
     Security and the Secretary of State shall provide the 
     information furnished pursuant to an application filed under 
     paragraph (1) or (2) of subsection (a), and any other 
     information derived from such furnished information, to a 
     duly recognized law enforcement entity in connection with a 
     criminal investigation or prosecution or a national security 
     investigation or prosecution, in each instance about an 
     individual suspect or group of suspects, when such 
     information is requested in writing by such entity.
       ``(3) Criminal penalty.--Any person who knowingly uses, 
     publishes, or permits information to be examined in violation 
     of this subsection shall be fined not more than $10,000.
       ``(f) Penalties for False Statements in Applications.--
       ``(1) Criminal penalty.--
       ``(A) Violation.--It shall be unlawful for any person to--
       ``(i) file or assist in filing an application for 
     adjustment of status under this section and knowingly and 
     willfully falsify, conceal, or cover up a material fact or 
     make any false, fictitious, or fraudulent statements or 
     representations, or make or use any false writing or document 
     knowing the same to contain any false, fictitious, or 
     fraudulent statement or entry; or
       ``(ii) create or supply a false writing or document for use 
     in making such an application.
       ``(B) Penalty.--Any person who violates subparagraph (A) 
     shall be fined in accordance with title 18, United States 
     Code, or 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.
       ``(3) Exception.--Notwithstanding paragraphs (1) and (2), 
     any alien or other entity (including an employer or union) 
     that submits an employment record that contains incorrect 
     data that the alien used in order to obtain such employment, 
     shall not have violated this subsection.
       ``(g) Ineligibility for Public Benefits.--For purposes of 
     section 403 of the Personal Responsibility and Work 
     Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613), an 
     alien whose status has been adjusted in accordance with 
     subsection (a) shall not be eligible for any Federal means-
     tested public benefit unless the alien meets the alien 
     eligibility criteria for such benefit under title IV of such 
     Act (8 U.S.C. 1601 et seq.).
       ``(h) Relationships of Application to Certain Orders.--
       ``(1) In general.--An alien who is present in the United 
     States and has been ordered excluded, deported, removed, or 
     to depart voluntarily from the United States under any 
     provision of this Act may, notwithstanding such order, apply 
     for adjustment of status under subsection (a). Such an alien 
     shall not be required, as a condition of submitting or 
     granting such application, to file a separate motion to 
     reopen, reconsider, or vacate the exclusion, deportation, 
     removal or voluntary departure order. If the Secretary of 
     Homeland Security grants the application, the order shall be 
     canceled. If the Secretary of Homeland Security renders a 
     final administrative decision to deny the application, such 
     order shall be effective and enforceable. Nothing in this 
     paragraph shall affect the review or stay of removal under 
     subsection (j).
       ``(2) Stay of removal.--The filing of an application 
     described in paragraph (1) shall stay the removal or 
     detainment of the alien pending final adjudication of the 
     application, unless the removal or detainment of the alien is 
     based on criminal or national security grounds.
       ``(i) Application of Other Immigration and Nationality Act 
     Provisions.--Nothing in this section shall preclude an alien 
     who may be eligible to be granted adjustment of status under 
     subsection (a) from seeking such status under any other 
     provision of law for which the alien may be eligible.
       ``(j) Administrative and Judicial Review.--
       ``(1) In general.--Except as provided in this subsection, 
     there shall be no administrative or judicial review of a 
     determination respecting an application for adjustment of 
     status under subsection (a).
       ``(2) Administrative review.--
       ``(A) Single level of administrative appellate review.--The 
     Secretary of Homeland Security shall establish an appellate 
     authority to provide for a single level of administrative 
     appellate review of a determination respecting an application 
     for adjustment of status under subsection (a).
       ``(B) Standard for review.--Administrative appellate review 
     referred to in subparagraph (A) shall be based solely upon 
     the administrative record established at the time of the 
     determination on the application and upon the presentation of 
     additional or newly discovered evidence during the time of 
     the pending appeal.
       ``(3) Judicial review.--
       ``(A) Direct review.--A person whose application for 
     adjustment of status under subsection (a) is denied after 
     administrative appellate review under paragraph (2) may seek 
     review of such denial, in accordance with chapter 7 of title 
     5, United States Code, before the United States district 
     court for the district in which the person resides.
       ``(B) Review after removal proceedings.--There shall be 
     judicial review in the Federal courts of appeal of the denial 
     of an application for adjustment of status under subsection 
     (a) in conjunction with judicial review of an order of 
     removal, deportation, or exclusion, but only if the validity 
     of the denial has not been upheld in a prior judicial 
     proceeding under subparagraph (A). Notwithstanding any other 
     provision of law, the standard for review of such a denial 
     shall be governed by subparagraph (C).
       ``(C) Standard for judicial review.--Judicial review of a 
     denial of an application under this section shall be based 
     solely upon the administrative record established at the time 
     of the review. The findings of fact and other determinations 
     contained in the record shall be conclusive unless the 
     applicant can

[[Page S117]]

     establish abuse of discretion or that the findings are 
     directly contrary to clear and convincing facts contained in 
     the record, considered as a whole.
       ``(4) Stay of removal.--Aliens seeking administrative or 
     judicial review under this subsection shall not be removed 
     from the United States until a final decision is rendered 
     establishing ineligibility under this section, unless such 
     removal is based on criminal or national security grounds.
       ``(k) Dissemination of Information on Adjustment Program.--
     During the 12 months following the issuance of final 
     regulations in accordance with subsection (o), the Secretary 
     of Homeland Security, in cooperation with approved entities, 
     approved by the Secretary of Homeland Security, shall broadly 
     disseminate information respecting adjustment of status under 
     this section and the requirements to be satisfied to obtain 
     such status. The Secretary of Homeland Security shall also 
     disseminate information to employers and labor unions to 
     advise them of the rights and protections available to them 
     and to workers who file applications under this section. Such 
     information shall be broadly disseminated, in the languages 
     spoken by the top 15 source countries of the aliens who would 
     qualify for adjustment of status under this section, 
     including to television, radio, and print media such aliens 
     would have access to.
       ``(l) Employer Protections.--
       ``(1) Immigration status of alien.--Employers of aliens 
     applying for adjustment of status under this section shall 
     not be subject to civil and criminal tax liability relating 
     directly to the employment of such alien.
       ``(2) Provision of employment records.--Employers that 
     provide unauthorized aliens with copies of employment records 
     or other evidence of employment pursuant to an application 
     for adjustment of status under this section or any other 
     application or petition pursuant to other provisions of the 
     immigration laws, shall not be subject to civil and criminal 
     liability pursuant to section 274A for employing such 
     unauthorized aliens.
       ``(3) Applicability of other law.--Nothing in this 
     subsection shall be used to shield an employer from liability 
     pursuant to section 274B or any other labor and employment 
     law provisions.
       ``(m) Authorization of Funds; Fines.--
       ``(1) Authorization of appropriations.--There are 
     authorized to be appropriated to the Department of Homeland 
     Security such sums as are necessary to commence the 
     processing of applications filed under this section.
       ``(2) Fine.--An alien who files an application under this 
     section shall pay a fine commensurate with levels charged by 
     the Department of Homeland Security for other applications 
     for adjustment of status.
       ``(3) Additional amounts owed.--Prior to the adjudication 
     of an application for adjustment of status filed under this 
     section, the alien shall pay an amount equaling $1,000, but 
     such amount shall not be required from an alien under the age 
     of 18.
       ``(4) Use of amounts collected.--The Secretary of Homeland 
     Security shall deposit payments received under this 
     subsection in the Immigration Examinations Fee Account, and 
     these payments in such account shall be available, without 
     fiscal year limitation, such that--
       ``(A) 60 percent of such funds shall be available to the 
     Department of Homeland Security for implementing and 
     processing applications under this section; and
       ``(B) 40 percent of such funds shall be available to the 
     Department of Homeland Security and the Department of State 
     to cover administrative and other expenses incurred in 
     connection with the review of applications filed by immediate 
     relatives as a result of the amendments made by title I of 
     the Immigration Reform Act of 2004.
       ``(n) Transitional Workers.--
       ``(1) Eligibility for transitional worker status.--Any 
     alien who is physically present in the United States on the 
     date of introduction of the Immigration Reform Act of 2004 
     who seeks to adjust status under this section but does not 
     satisfy the requirements of subparagraph (B) or (D) of 
     subsection (a)(1) shall be eligible--
       ``(A) to apply for transitional worker status, which shall 
     have a duration period of not more than 3 years from the date 
     of issuance of the transitional worker card, without having 
     to depart the United States; and
       ``(B) be granted employment authorization and permission to 
     travel abroad for a period of not more than 3 years from the 
     date of issuance of the transitional worker card.
       ``(2) Document of authorization.--The Secretary of Homeland 
     Security shall issue each alien described in paragraph (1) 
     with a counterfeit-resistant document of authorization that 
     meets all requirements established by the Secretary of 
     Homeland Security for travel documents and reflects the 
     benefits and status set forth in paragraph (1)(B).
       ``(3) Security and law enforcement clearance.--Before an 
     alien described in paragraph (1) is granted employment 
     authorization or permission to travel abroad, such alien 
     shall be required to undergo a name check against existing 
     databases for information relating to criminal, security, and 
     other law enforcement actions. The relevant Federal agencies 
     shall work to ensure that such name checks are completed as 
     expeditiously as possible.
       ``(4) Eligibility for adjustment of status.--An alien shall 
     be eligible for adjustment of status to that of a lawful 
     permanent resident under this subsection if the alien--
       ``(A) has applied for transitional worker status under 
     paragraph (1);
       ``(B) is lawfully employed in the United States in the 
     aggregate for--
       ``(i) more than 2 but less than 3 of the 5 years 
     immediately preceding the date on which the Immigration 
     Reform Act of 2004 was introduced; and
       ``(ii) at least 2 years following the date of enactment of 
     that Act; and
       ``(C) was present in the United States on and after the 
     date of introduction of that Act (without regard to any 
     brief, casual, and innocent departures from the United 
     States).
       ``(5) Exceptions.--The employment requirements in paragraph 
     (4)(B) shall not apply to an individual who is under 20 years 
     of age on the date on which the Immigration Reform Act of 
     2004 was introduced, and the employment requirement in 
     paragraph (4)(B)(ii) shall be reduced for an individual who 
     cannot demonstrate employment based on a physical or mental 
     disability or as a result of pregnancy.
       ``(6) Portability.--An alien shall not be required to 
     complete the employment requirements in paragraph (4) with 
     the same employer.
       ``(7) Adjustment of status.--An alien who meets the 
     requirements of paragraph (4) and applies for adjustment of 
     status to that of a lawful permanent resident under this 
     subsection shall be required to comply with the requirements 
     of subparagraphs (C), (E), (F), (G), and (H) of subsection 
     (a)(1). In adjudicating such an application, the Secretary of 
     Homeland Security shall determine the admissibility of the 
     alien in accordance with subsection (b).
       ``(8) Spouses and children.--
       ``(A) Adjustment of status.--Notwithstanding any other 
     provision of law, the Secretary of Homeland Security shall, 
     if otherwise eligible under subsection (b), adjust the status 
     to that of a lawful permanent resident or provide an 
     immigrant visa to--
       ``(i) the spouse or child of an alien who adjusts status or 
     is eligible to adjust status to that of a lawful permanent 
     resident under this subsection; or
       ``(ii) an alien who was the spouse or child of an alien who 
     adjusts status to that of a lawful permanent resident under 
     this subsection, if--

       ``(I) the termination of the qualifying relationship was 
     connected to domestic violence; or
       ``(II) the spouse or child has been battered or subjected 
     to extreme cruelty by the spouse or parent who adjusts status 
     to that of a lawful permanent resident under this subsection.

       ``(B) Document of authorization.--The Secretary of Homeland 
     Security shall issue each alien described in subparagraph (A) 
     with a counterfeit-resistant document of authorization that 
     meets all requirements established by the Secretary of 
     Homeland Security for travel documents and reflects the 
     status set forth in that subparagraph.
       ``(C) Application of other law.--In acting on applications 
     filed under this subsection with respect to aliens who have 
     been battered or subjected to extreme cruelty, the Secretary 
     of Homeland Security shall apply the provisions of section 
     204(a)(1)(J) and the protections, prohibitions, and penalties 
     under section 384 of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1367).
       ``(9) Nonapplicability of numerical limitations.--When an 
     alien is granted legal permanent resident status under this 
     subsection, the number of immigrant visas authorized to be 
     issued under any provision of this Act shall not be reduced.
       ``(10) Termination of authority.--No action may be taken 
     under this subsection in the case of an alien who submits an 
     application for transitional worker status under paragraph 
     (1) more than 3 years after the date on which final 
     regulations implementing this section take effect.
       ``(o) Issuance of Regulations.--Not later than 120 days 
     after the date of enactment of the Immigration Act of 2004, 
     the Secretary of Homeland Security shall issue regulations to 
     implement this section.''.
       (b) Table of Contents.--The table of contents for the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended by inserting after the item relating to section 245A 
     the following:

``245B. Access to Earned Adjustment.''.

     SEC. 302. CORRECTION OF SOCIAL SECURITY RECORDS.

       Section 208(d)(1) of the Social Security Act (42 U.S.C. 
     408(d)(1)) is amended--
       (1) in subparagraph (B), by striking ``or'' at the end of 
     clause (ii);
       (2) in subparagraph (C), by inserting ``or'' at the end;
       (3) by inserting after subparagraph (C) the following:
       ``(D) whose status is adjusted to that of lawful permanent 
     resident under section 245B of the Immigration and 
     Nationality Act,''; 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 prior to the date on 
     which the alien became lawfully admitted for temporary 
     residence.
                                 ______
                                 
      By Mr. HAGEL:
  S. 2011. A bill to convert certain temporary Federal district 
judgeships to permanent judgeships, and for other purposes; to the 
Committee on the Judiciary.

[[Page S118]]

  Mr. HAGEL. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2011

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

     SECTION 1. CONVERSION OF TEMPORARY JUDGESHIPS TO PERMANENT 
                   JUDGESHIPS.

       (a) In General.--The existing judgeships for the eastern 
     district of California, the district of Hawaii, the district 
     of Kansas, the eastern district of Missouri, and the district 
     of Nebraska authorized by section 203(c) of the Judicial 
     Improvements Act of 1990 (Public Law 101-650, 104 Stat. 5089) 
     as amended by Public Law 105-53, as of the date of enactment 
     of this Act, shall be authorized under section 133 of title 
     28, United States Code, and the incumbents in those offices 
     shall hold the office under section 133 of title 28, United 
     States Code, as amended by this Act.
       (b) Technical and Conforming Amendments.--The table 
     contained in section 133(a) of title 28, United States Code, 
     is amended by--
       (1) striking the item relating to California and insert the 
     following:

``California:
    Northern....................................................14 ....

    Eastern......................................................7 ....

    Central.....................................................27 ....

    Southern..................................................13'';....

       (2) striking the item relating to Hawaii and inserting the 
     following:

    ``Hawaii...................................................4'';....

       (3) striking the item relating to Kansas and inserting the 
     following:

    ``Kansas...................................................6'';....

       (4) striking the item relating to the eastern district of 
     Missouri and inserting the following:

``Missouri:
    Eastern......................................................7 ....

    Western......................................................5 ....

    Eastern and Western........................................2'';....

     and
       (5) striking the item relating to Nebraska and inserting 
     the following:

    ``Nebraska.................................................4''.....

                                 ______
                                 
      By Mr. HATCH (for himself, Mr. Leahy, Mr. DeWine, and Mr. Kohl):
  S. 2013. A bill to amend section 119 of title 17, United States Code, 
to extend satellite home viewer provisions; to the Committee on the 
Judiciary.
  Mr. HATCH. Mr. President, I rise today to introduce with my friend 
and colleague from Vermont, Senator Leahy, the Satellite Home Viewer 
Extension Act of 2004. We are pleased to be joined in this effort by 
Senators DeWine and Kohl.
  S. 2013 provides for a five-year extension of the statutory license 
for satellite carriers to make secondary transmissions of ``distant'' 
network and superstation television programs, which is set forth in 
section 119 of the Copyright Act.
  The current section 119 license permits satellite carriers to provide 
subscribers that reside in unserved households with network programming 
from distant television markets. This section is set to expire at the 
end of 2004. The extension of this statutory license for an additional 
five years would continue to serve the many interests that the section 
119 license seeks to advance. Most importantly, it assures that 
television viewers incapable of receiving local network stations off 
the air retain access to network programming via satellite. This is 
particularly important for viewers who live in rural areas and may be 
unserved by either local stations or cable carriers. Indeed, many of my 
constituents in Utah depend on satellite systems for their television 
reception. This statutory license also enables the satellite home 
delivery industry to effectively compete with cable companies, which 
have long enjoyed a statutory license of their own.
  The limited extension also recognizes, however, that satellite 
carriers are still in the process of making local signals available to 
their subscribers, an important development for viewers and local 
broadcasters, as well as for the satellite carriers themselves. The 
Satellite Home Viewer Improvement Act of 1999, which I was proud to 
help draft, authorized for the first time the retransmission of local 
signals to satellite subscribers residing in those local markets. The 
roll-out of ``local-into-local'' service by satellite carriers 
continues at a substantial rate, giving subscribers more choices than 
ever and further strengthening the competition between cable and 
satellite carriers. In light of these continuing changes, an additional 
extension of the Section 119 license is warranted pending further 
developments in this area.
  I recognize that there are likely to be other issues relating to the 
section 119 license that warrant consideration in connection with this 
reauthorization. I look forward to working with my colleagues and 
hearing from the interested parties on those matters in the coming 
months.
  Mr. LEAHY. Mr. President, today I am pleased to join Senator Hatch, 
as well as Senators Kohl and DeWine, in sponsoring the Satellite Home 
Viewer Extension Act. The Satellite Home Viewer Improvement Act, which 
we passed in 1999, established a statutory license for satellite 
carriers to make secondary transmission of ``distant'' network and 
superstation television programs. That license will expire this year, 
however, so today's bill will extend that license, found in section 119 
of the Copyright Act, for 5 years in order to ensure that the laudable 
goals of the initial bill are fully realized.
  The Satellite Home Viewer Improvement Act was the result of much work 
in the Senate Judiciary Committee, and it enjoyed strong bipartisan 
support in both Houses of Congress. The license created in section 119 
serves a very worthwhile purpose: it permits households that cannot 
receive local network programming over-the-air to receive those shows 
by satellite. For the many viewers who are not served by local networks 
or cable companies--which is the case for a great many people in the 
rural areas of my home State of Vermont--this is absolutely critical. 
Of special importance is the fact that the Satellite Home Viewer 
Improvement Act permits the satellite transmission of ``local-into-
local'' programming, so that satellite companies can retransmit local 
broadcast signals to subscribers who actually live in the local market, 
but cannot receive the broadcast signal. Providing the news and local 
interest programming that is so vital to the creation and maintenance 
of a healthy and involved community has been the most gratifying result 
of the passage of that act. Furthermore, this license enhances 
competition by placing providers of satellite television programming on 
an equal footing with cable operators, which enjoy the benefits of 
their own statutory licenses.
  Such important progress does take time, however, and the satellite 
carriers have not yet made these local signals available to all their 
subscribers. Although the provision of ``local-into-local'' programming 
is proceeding well, and although competition between cable and 
satellite companies has been strengthened, there is still more to be 
done before the goal of the Satellite Home Viewer Improvement Act is 
fully realized. If we fail to reauthorize the section 119 license, 
satellite programming may be unavailable as a real choice for many 
households, and many rural viewers will have little or no programming 
at all.
  I look forward to working again with my colleagues on this important 
issue and to a speedy reauthorization of this important license.
                                 ______
                                 
      By Ms. CANTWELL (for herself, Mrs. Clinton, Mr. Jeffords, and Mr. 
        Feingold):
  S. 2014. A bill to amend the Federal Power Act to establish 
reliability standards; to the Committee on Energy and Natural 
Resources.
                                 ______
                                 
      By Ms. CANTWELL (for herself, Mr. Feingold, and Mr. Jeffords):
  S. 2015. A bill to prohibit energy market manipulation; to the 
Committee on Energy and Natural Resources.
  Ms. CANTWELL. Mr. President, I rise today to introduce 2 pieces of 
electricity legislation--simple, common-sense bills that enjoy the 
bipartisan support of a majority of United States Senators.
  First, I am pleased to introduce with my colleagues Senators Clinton, 
Jeffords and Feingold the Electric Reliability Act of 2004. This 
legislation would give the Federal Energy Regulatory Commission (FERC) 
authority to devise a system of mandatory and enforceable standards for 
the reliable operation of our nation's electricity grid.
  My distinguished friends from Wisconsin and Vermont, Senators 
Feingold and Jeffords, and I are also

[[Page S119]]

today introducing a second bill: the Electricity Needs Rules and 
Oversight Now (ENRON) Act, which would put in place a blanket ban on 
manipulative practices in our nation's electricity markets.
  Enactment of these bills is long overdue. And in both cases, their 
provisions have passed the United States Senate within the past eight 
months. They represent crucial steps forward in the effort to modernize 
our nation's electricity grid and reform the rules by which it is 
operated.
  Quite simply, these provisions are too important to be held captive 
to the majority's effort to pass H.R. 6-- the energy bill conference 
report. Resembling a patchwork quilt of special interest hand-outs--
rather than a policy that would help this nation achieve energy 
independence--H.R. 6 capsized under its own pork-laden weight on this 
very floor, a mere two months ago.
  Rather than holding good energy policy hostage for the bad--as those 
who seek to resurrect that 1,700-page legislative monstrosity have said 
they intend--I believe this body can and must make necessary progress 
in upgrading our electricity grid and protecting our nation's 
consumers. That's what the two bills I'm introducing today are intended 
to do.
  As surely my colleagues recall, much of the Northeast and Midwest 
last August suffered a massive power outage, affecting 50 million 
consumers from New York to Michigan. Clearly, the biggest blackout in 
our nation's history has underscored the need for mandatory and 
enforceable reliability standards--as envisioned in the Electric 
Reliability Act of 2004. To date, the system has operated under a set 
of voluntary guidelines, with no concrete penalties for those who break 
the rules and jeopardize the reliable energy service that is the 
foundation of our nation's economy.
  While the August 2003 blackout was certainly a potent reminder, the 
call for reliability legislation dates back at least another five 
years. In 1997, both a Task Force established by the Clinton 
Administration's Department of Energy and a blue ribbon panel formed by 
the North American Electric Reliability Council (NERC) determined that 
reliability rules for our nation's electric system had to be made 
mandatory and enforceable.
  These conclusions resulted, in part, from an August 1996 blackout in 
the Western Interconnection, where the short-circuit of two overloaded 
transmission lines near Portland, Oregon, caused a sweeping outage that 
knocked out power for up to 16 hours in ten states. The blackout 
affected 7.5 million consumers from Idaho to California, resulting in 
the automatic shut-down of 15 large thermal nuclear generating plants 
in California and the southwest--compromising the West's energy supply 
for several days, even after power had mostly been restored to end-
users.
  As outlined in Economic Impacts of Infrastructure Failures, a 1997 
report submitted to the President's Commission on Critical 
Infrastructure Protection, the blackout was estimated to exact between 
$1 billion and $4 billion in direct and indirect costs to utilities, 
industry and consumers. The report also detailed the risks the outage 
posed to public health and safety, including an exponential increase in 
traffic accidents, hospitals forced to rely on emergency back-up power 
generation, and the grounding of more than 2,000 airline passengers.
  While it took time to develop consensus, the Senate recognized the 
human and economic stakes associated with the reliable operation of the 
electricity grid. Stand-alone legislation very similar to what I've 
introduced today passed this body in June 2000, when this chamber was 
under Republican control. And even as the majority has twice changed 
hands since then, the United States Senate has twice passed the very 
provisions included in the Electric Reliability Act of 2004 as part of 
comprehensive energy legislation--most recently, this past summer.
  Likewise, the Senate has previously passed the provisions contained 
in the ENRON Act, which Senator Feingold and I are introducing today. 
Offered under the agreement that last July cleared the way for Senate 
Leadership to replace the then-pending Republican energy bill with the 
107th Congress' Daschle-Bingaman legislation, the ENRON Act was adopted 
as an amendment to the Senate's Fiscal Year 2004 Agriculture 
Appropriations bill, on a strong, bipartisan vote of 57-40.
  The ENRON Act is simple in concept. In the face of overwhelming 
evidence that Enron and other unscrupulous energy companies brazenly 
manipulated western energy markets during the crisis of 2000-2001, it 
would amend the Federal Power Act to put in place a blanket ban on such 
activities.
  It has been estimated that the western energy crisis cost the 
region's consumers and businesses $35 billion in domestic economic 
product--in other words, a 1.5 percent decline in productivity and a 
total loss of 589,000 jobs. After experiencing a devastating blow that 
exacerbated the already-crippling national recession, consumers in my 
state--who continue to pay the price for the unethical gamesmanship of 
these companies--know that our economy simply cannot abide another 
Enron.
  Thus, the ENRON Act is based on language included in the Securities 
Exchange Act--in existence since 1934. This bill would make it illegal 
for any company to ``use or employ . . . any manipulative or deceptive 
device or contrivance'' to circumvent FERC rules and regulations on 
market manipulation. Further, it would specify that electricity rates 
resulting from manipulative practices are simply not lawful. In other 
words, when companies are known to have gouged consumers--in some 
cases, even admitting as much--those same consumers should not be stuck 
with the inflated energy bills that result.
  As Congress and various Federal agencies have over the past few years 
sought to piece together the events that led to the western energy 
crisis--the most devastating energy market meltdown in our Nation's 
history--a number of agencies and officials have weighed in on the 
issue of market manipulation. In addition to simple common sense, their 
statements underscore the need for the ENRON Act. For example: FERC in 
March 2003 issued its Final Report on Price Manipulation in Western 
Markets. The voluminous FERC report found that: ``Enron's corporate 
culture fostered a disregard for the American energy customer; the 
success of the company's trading strategies, while temporary, 
demonstrates the need for explicit prohibitions on harmful and 
fraudulent market behavior and for aggressive market monitoring and 
enforcement.'' The General Accounting Office (GAO) in August 2003 
issued a report entitled Additional Actions Would Help Ensure that 
FERC's Oversight and Enforcement Capability is Comprehensive and 
Systematic. Among GAO's observations: ``The heads of [FERC's] market 
monitoring units told us they recognize the difficulty of defining just 
and reasonable prices. They also said that they believe FERC has made 
some progress in doing so. However, they generally believed that FERC 
had not yet gone far enough.'' GAO further concluded that: ``we 
recommend that the Chairman of FERC more clearly define [the 
Commissions] role in overseeing the Nation's energy markets by . . . 
explicitly [describing FERC's] activities relative to carrying out the 
agency's statutory requirements to ensure just and reasonable prices 
and to preventing market manipulation.'' Republican FERC Commissioner 
Joe Kelliher wrote the following in a November 5 letter to me, just 
prior to his confirmation: ``Markets subject to manipulation cannot 
operate properly and there is an urgent need to proscribe manipulation 
of electricity markets. You have correctly noted there is no express 
prohibition of market manipulation in the Federal Power Act and have 
proposed legislation to establish an express prohibition. This is a 
critical point. The Federal Energy Regulatory Commission only has the 
tools that Congress chooses to give it, and Congress has never given 
the Commission express authority to prohibit market manipulation. I 
believe the time has come for Congress to take that step.'' In the same 
letter, Kelliher goes on to note that, ``This is not to say that the 
Commission cannot take steps to prevent market manipulation under its 
existing legal authority . . . Since there would likely be legal 
challenges to any such effort to proscribe manipulative practices, it 
would be helpful for Congress to give the Commissioner clear

[[Page S120]]

authority to prohibit market manipulation . . . I support the goals of 
your amendment'' [to the Agriculture Appropriations bill, which 
contains the same provisions as the ENRON Act] ``and believe it would 
go far towards effectively prohibiting manipulation of electricity 
markets.''
  Recent events have clearly demonstrated the need for both the 
Electric Reliability Act of 2004, as well as the ENRON Act. On the 
other hand, the case is far less compelling for many of the provisions 
found in the H.R. 6 conference report. It's not just unpersuasive to 
argue that a 21st Century energy policy must include: liability 
protections for manufacturers of the groundwater pollutant MTBE; the 
weakening of landmark environmental laws such as the Clean Air, Clean 
Water and Safe Drinking Water Acts; and billions of dollars worth of 
subsidies, most infamously, taxpayer-backed bonds for construction of 
an energy efficient mall including a Hooters restaurant, it's absurd.
  When the Senate last July agreed to send a comprehensive energy bill 
to conference with the House, few anticipated that we would get back a 
grab-bag of corporate give-aways so bloated that editorial pages from 
every corner of this Nation, from Yakima to Pensacola; Texarkana to 
Honolulu, would call on this body to put H.R. 6 out of its misery. Nor 
did many of us believe that common-sense legislation such as the ENRON 
Act--with broad, bipartisan support in the Senate--would be so quickly 
jettisoned by the conference report's authors.
  Make no mistake: many of us in this chamber emphatically believe that 
we need an energy policy that will liberate this country from its 
dangerous dependence on foreign sources of oil and position our 
businesses to compete in the emerging global market for clean energy 
technologies. But to paraphrase my distinguished colleague from 
Vermont, Senator Jeffords, who has been a great leader on these issues, 
this Nation needs an energy bill, but certainly not this energy bill.
  So today, we are introducing the Electric Reliability Act of 2004 and 
the ENRON Act, because it's time for this body to put the public 
interest ahead of the special interests poised to profit so handsomely 
from the passage of the energy bill conference report. We should take 
up and pass these individual pieces of legislation, which would mark a 
substantial achievement in the effort to upgrade the reliability of our 
Nation's grid and insulate our economy from the disastrous impacts of 
latter-day Enrons.
  In last night's State of the Union speech, President Bush observed 
that ``consumers and businesses need reliable supplies of energy to 
make our economy run.'' I could not agree more. He also urged Congress 
to ``pass legislation to modernize our electricity system, promote 
conservation, and make America less dependent on foreign sources of 
energy.'' Nowhere in his address did President Bush mention tax breaks 
for Hooters; I did not hear him invoke rollback of environmental laws 
on behalf of polluters; nor did he cite the need to put in place 
protections for corporate looters such as Enron--all those provisions 
that have become the hallmark of the energy bill conference report.
  So I ask my colleagues to recognize that we can make measurable 
progress this year on the objectives the President has outlined. But 
that will happen not by holding good energy policy hostage for bad 
energy policy, as the authors of H.R. 6 would have it. Rather, it will 
happen when we agree to set aside the H.R. 6 conference report and pass 
common-sense, consensus-based energy policy. And both the Electric 
Reliability and ENRON Acts fit this description.
  I ask my colleagues to support these bills.
  Mrs. CLINTON. Mr. President, I am pleased to join Senators Cantwell, 
Jeffords and Feingold in introducing legislation that would create 
mandatory, enforceable reliability standards for our electricity 
system.
  Last week was the five month anniversary of the worst blackout in the 
history of New York, and, indeed, the history of America. Congress has 
yet to pass electricity reliability legislation that would help ensure 
the blackout never happens again. There is strong support for this 
legislation, which has passed the Senate twice before as part of the 
energy bill. But with the energy bill stalled, we simply cannot afford 
to wait any longer to move on reliability standards.
  The blackout had a tremendous impact on New Yorkers and on the 
economy. Some experts put the costs to New York at more than $1 billion 
dollars and the costs nationwide at more than $6 billion.
  In November, the Electric System Working Group of the United States-
Canadian task force on the blackout released its draft report on the 
causes of the blackout. Among the report's findings was that the North 
American Electric Reliability Council's (NERC) voluntary reliability 
standards were violated at least six times during the series of events 
that led to the cascading blackout. This finding reinforced the need 
for swift enactment of mandatory, enforceable electricity reliability 
standards. We clearly need a system that provides real accountability 
for failure.
  New Yorkers, and all Americans, are relying on Congress to help 
prevent another blackout. Congress needs to move swiftly on legislation 
in this area so that rules can be put in place before this summer. I 
urge my colleagues to support this important legislation.
  Mr. JEFFORDS. Mr. President, I am pleased to be joining the Senator 
from Washington, Ms. Cantwell, and the Senator from New York, Mrs. 
Clinton, as an original cosponsor of legislation to ensure the reliable 
delivery of electric power in the United States. This bill is similar 
to Title I of the S. 1754, the Electric Reliability Security Act of 
2003, that I introduced last October in response to the Northeast 
blackout.
  Last night, in his State of the Union, the President urged Congress 
to pass legislation to modernize our electricity system, promote 
conservation, and make America less dependent on foreign sources of 
energy. This bill, the Electric Reliability Act of 2004, addresses the 
President's request, and the Senate should pass it expeditiously. Our 
country needs the new, clear national rules of the road contained in 
this bill to ensure the reliable delivery of electric power.
  As the people in the Northeast will not soon forget, in August 2003 
nearly 50 million people were affected by a massive power outage. But 
this is not an isolated incident. On January 16, 2004, Gov. James 
Douglas urged Vermonters to save power to help avert rolling blackouts 
because of electricity problems in southern New England. Though there 
was likely enough power to meet my State's demand, but we are part of a 
regional grid system. This system, as we learned last year, needs to 
operate in a coordinated fashion or the region faces blackouts.
  The Senator from New York, Mrs. Clinton, whose State was so 
significantly affected during the Northeast blackouts, knows well the 
hardship long electricity outages cause. I am pleased that she and the 
Senator from Washington, Ms. Cantwell, have joined in this effort. The 
Senator from Washington, Ms. Cantwell, has been alerted to the need for 
reliability legislation well before last year, as her State suffered 
during the massive multi-state Western blackout of 1996.
  Be it 1996, 2003 or last week, these events emphasize the 
vulnerability of the U.S. electricity grid to human error, mechanical 
failure, and weather-related outages. Congress needs to do all that is 
necessary to protect the grid from devastating interruptions in the 
future. Those who know this issue well, say that reliability 
legislation is essential. On the first day of this year, Michehl Gent, 
President and Chief Executive of the North American Electric 
Reliability Council, said in the New York Times that all of the actions 
taken by industry and oversight organizations to respond to the 
Northeast blackout do ``not reduce the need for Federal legislation 
that would provide authority to impose and enforce mandatory 
reliability standards.'' He continues, ``whether legislation is adopted 
on a stand-alone basis or as part of a comprehensive energy bill, 
passage is essential. If reliability legislation had been enacted when 
first proposed, I believe that the blackout would not have occurred.''
  Given that Congress has not passed grid reliability legislation, the 
Federal Energy Regulatory Commission decided during its December 17, 
2003 open

[[Page S121]]

meeting to have its staff develop an order over the next few weeks 
requiring utilities and other jurisdictional entities to report 
violations of voluntary reliability standards set by the North American 
Electric Reliability Council. The Commission also asked for comment on 
its legal authority under existing statutes to mandate compliance with 
those standards.
  Why is Congress making FERC waste time trying to determine whether 
they have the legal authority to act to protect consumers and ensure 
electric reliability? We should simply make that statutory authority 
clear. Reliability legislation has passed the Senate twice, and this 
bill asks the Senate to act on those same provisions again. Congress 
should establish mandatory reliability standards and close other 
regulatory gaps left by state deregulation of the electricity sector. 
We should pass this bill now, and I pledge my support to the Senators 
from Washington and New York, Senators Cantwell and Clinton in doing 
so. Given the high costs of power outages to our country, we cannot 
afford to do otherwise. I invite my colleagues to join us in our 
efforts to advance energy security and reliability in the United 
States.

                          ____________________