[Congressional Record Volume 151, Number 47 (Tuesday, April 19, 2005)]
[Senate]
[Pages S3942-S3956]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 538. Mr. CORNYN submitted an amendment intended to be proposed to 
amendment SA 375 proposed by Mr. Craig (for himself and Mr. Kennedy) to 
the bill H.R. 1268, Making emergency supplemental appropriations for 
the fiscal year ending September 30, 2005, to establish and rapidly 
implement regulations for State driver's license and identification 
document security standards, to prevent terrorists from abusing the 
asylum laws of the United States, to unify terrorism-related grounds 
for inadmissibility and removal, to ensure expeditious construction of 
the San Diego border fence, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 4, strike line 1 and all that follows through page 
     35, line 23.
                                 ______
                                 
  SA 539. Mr. CORNYN submitted an amendment intended to be proposed to 
amendment SA 375 proposed by Mr. Craig (for himself and Mr. Kennedy) to 
the bill H.R. 1268, Making emergency supplemental appropriations for 
the fiscal year ending September 30, 2005, to establish and rapidly 
implement regulations for State driver's license and identification 
document security standards, to prevent terrorists from abusing the 
asylum laws of the United States, to unify terrorism-related grounds 
for inadmissibility and removal, to ensure expeditious construction of 
the San Diego border fence, and for other purposes; which was ordered 
to lie on the table; as follows:

       Beginning on page 58, strike line 10 and all that follows 
     through page 65, line 21, and insert the following:
       ``(3) Required wages.--
       ``(A) In general.--An employer applying for workers shall 
     offer to pay, and shall pay, all workers in the occupation 
     for which the employer has applied for workers, not less than 
     the prevailing wage.
       ``(B) Information from states.--In complying with 
     subparagraph (A), an employer may request and obtain a 
     prevailing wage determination from the State employment 
     security agency.
       ``(C) Information from surveys.--In lieu of the procedure 
     described in subparagraph (B), an employer may rely on other 
     wage information, including a survey of the prevailing wages 
     of workers in the occupation in the area of intended 
     employment that has been conducted or funded by the employer 
     or a group of employers, that meets criteria specified by the 
     Secretary of Labor in regulations.
       ``(D) Compliance.--An employer who obtains such prevailing 
     wage determination, or who relies on a qualifying survey of 
     prevailing wages, and who pays the wage determined to be 
     prevailing, shall be considered to have complied with the 
     requirement of subparagraph (A).
       ``(E) Minimum wages.--No worker shall be paid less than the 
     greater of the prevailing wage or the applicable State 
     minimum wage.
                                 ______
                                 
  SA 540. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill H.R. 1268, Making emergency supplemental appropriations 
for the fiscal year ending September 30, 2005, to establish and rapidly 
implement regulations for State driver's license and identification 
document security standards, to prevent terrorists from abusing the 
asylum laws of the United States, to unify terrorism-related grounds 
for inadmissibility and removal, to ensure expeditious construction of 
the San Diego border

[[Page S3943]]

fence, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 28, line 5, strike ``not''.
                                 ______
                                 
  SA 541. Mr. KYL submitted an amendment intended to be proposed to 
amendment SA 375 proposed by Mr. Craig (for himself and Mr. Kennedy) to 
the bill H.R. 1268, Making emergency supplemental appropriations for 
the fiscal year ending September 30, 2005, to establish and rapidly 
implement regulations for State driver's license and identification 
document security standards, to prevent terrorists from abusing the 
asylum laws of the United States, to unify terrorism-related grounds 
for inadmissibility and removal, to ensure expeditious construction of 
the San Diego border fence, and for other purposes; which was ordered 
to lie on the table; as follows:

       Beginning on page 13, strike line 4 and all that follows 
     through page 35, line 23, and insert the following:
       (d) Applications.--
       (1) To whom may be made.--
       (A) Within the united states.--The Secretary shall provide 
     that applications for temporary resident status under 
     subsection (a) may be filed--
       (i) with the Secretary, but only if the applicant is 
     represented by an attorney; or
       (ii) with a qualified designated entity (designated under 
     paragraph (2)), but only if the applicant consents to the 
     forwarding of the application to the Secretary.
       (B) Preliminary applications.--
       (i) In general.--During the application period described in 
     subsection (a)(1)(B), the Secretary may grant admission to 
     the United States as a temporary resident and provide an 
     ``employment authorized'' endorsement or other appropriate 
     work permit to any alien who presents a preliminary 
     application for such status under subsection (a) at a 
     designated port of entry on the southern land border of the 
     United States. An alien who does not enter through a port of 
     entry is subject to deportation and removal as otherwise 
     provided in this Act.
       (ii) Definition.--For purposes of clause (i), the term 
     ``preliminary application'' means a fully completed and 
     signed application which contains specific information 
     concerning the performance of qualifying employment in the 
     United States, together with the payment of the appropriate 
     fee and the submission of photographs and the documentary 
     evidence which the applicant intends to submit as proof of 
     such employment.
       (iii) Eligibility.--An applicant under clause (i) shall 
     otherwise be admissible to the United States under subsection 
     (e)(2) and shall establish to the satisfaction of the 
     examining officer during an interview that the applicant's 
     claim to eligibility for temporary resident status is 
     credible.
       (C) Travel documentation.--The Secretary shall provide each 
     alien granted status under this section with a counterfeit-
     resistant document of authorization to enter or reenter the 
     United States that meets the requirements established by the 
     Secretary.
       (2) Designation of entities to receive applications.--
       (A) In general.--For purposes of receiving applications 
     under subsection (a), the Secretary--
       (i) shall designate qualified farm labor organizations and 
     associations of employers; and
       (ii) may designate such other persons as the Secretary 
     determines are qualified and have substantial experience, 
     demonstrate competence, and have traditional long-term 
     involvement in the preparation and submission of applications 
     for adjustment of status under section 209, 210, or 245 of 
     the Immigration and Nationality Act, Public Law 89-732, 
     Public Law 95-145, or the Immigration Reform and Control Act 
     of 1986.
       (B) References.--Organizations, associations, and persons 
     designated under subparagraph (A) are referred to in this Act 
     as ``qualified designated entities''.
       (3) Proof of eligibility.--
       (A) In general.--An alien may establish that the alien 
     meets the requirement of subsection (a)(1)(A) through 
     government employment records or records supplied by 
     employers or collective bargaining organizations, and other 
     reliable documentation as the alien may provide. The 
     Secretary shall establish special procedures to properly 
     credit work in cases in which an alien was employed under an 
     assumed name.
       (B) Documentation of work history.--
       (i) Burden of proof.--An alien applying for status under 
     subsection (a)(1) has the burden of proving by a 
     preponderance of the evidence that the alien has worked the 
     requisite number of hours or days (as required under 
     subsection (a)(1)(A)).
       (ii) Timely production of records.--If an employer or farm 
     labor contractor employing such an alien has kept proper and 
     adequate records respecting such employment, the alien's 
     burden of proof under clause (i) may be met by securing 
     timely production of those records under regulations to be 
     promulgated by the Secretary.
       (iii) Sufficient evidence.--An alien can meet the burden of 
     proof under clause (i) to establish that the alien has 
     performed the work described in subsection (a)(1)(A) by 
     producing sufficient evidence to show the extent of that 
     employment as a matter of just and reasonable inference.
       (4) Treatment of applications by qualified designated 
     entities.--Each qualified designated entity shall agree to 
     forward to the Secretary applications filed with it in 
     accordance with paragraph (1)(A)(i)(II) but shall not forward 
     to the Secretary applications filed with it unless the 
     applicant has consented to such forwarding. No such entity 
     may make a determination required by this section to be made 
     by the Secretary. Upon the request of the alien, a qualified 
     designated entity shall assist the alien in obtaining 
     documentation of the work history of the alien.
       (5) Limitation on access to information.--Files and records 
     prepared for purposes of this subsection by qualified 
     designated entities operating under this subsection are 
     confidential and the Secretary shall not have access to such 
     files or records relating to an alien without the consent of 
     the alien, except as allowed by a court order issued pursuant 
     to paragraph (6).
       (7) Penalties for false statements in applications.--
       (A) Criminal penalty.--Any person who--
       (i) files an application for status under subsection (a) 
     and knowingly and willfully falsifies, conceals, or covers up 
     a material fact or makes any false, fictitious, or fraudulent 
     statements or representations, or makes or uses any false 
     writing or document knowing the same to contain any false, 
     fictitious, or fraudulent statement or entry; or
       (ii) creates or supplies a false writing or document for 
     use in making such an application,

     shall be fined in accordance with title 18, United States 
     Code, imprisoned not more than 5 years, or both.
       (B) Inadmissibility.--An alien who is convicted of a crime 
     under subparagraph (A) shall be considered to be inadmissible 
     to the United States on the ground described in section 
     212(a)(6)(C)(i) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(6)(C)(i)).
       (8) Application fees.--
       (A) Fee schedule.--The Secretary shall provide for a 
     schedule of fees that--
       (i) shall be charged for the filing of applications for 
     status under subsection (a); and
       (ii) may be charged by qualified designated entities to 
     help defray the costs of services provided to such 
     applicants.
       (B) Prohibition on excess fees by qualified designated 
     entities.--A qualified designated entity may not charge any 
     fee in excess of, or in addition to, the fees authorized 
     under subparagraph (A)(ii) for services provided to 
     applicants.
       (C) Disposition of fees.--
       (i) In general.--There is established in the general fund 
     of the Treasury a separate account, which shall be known as 
     the ``Agricultural Worker Immigration Status Adjustment 
     Account''. Notwithstanding any other provision of law, there 
     shall be deposited as offsetting receipts into the account 
     all fees collected under subparagraph (A)(i).
       (ii) Use of fees for application processing.--Amounts 
     deposited in the ``Agricultural Worker Immigration Status 
     Adjustment Account'' shall remain available to the Secretary 
     until expended for processing applications for status under 
     subsection (a).
       (e) Waiver of Numerical Limitations and Certain Grounds for 
     Inadmissibility.--
       (1) Numerical limitations do not apply.--The numerical 
     limitations of sections 201 and 202 of the Immigration and 
     Nationality Act (8 U.S.C. 1151 and 1152) shall not apply to 
     the adjustment of aliens to lawful permanent resident status 
     under this section.
       (2) Waiver of certain grounds of inadmissibility.--In the 
     determination of an alien's eligibility for status under 
     subsection (a)(1)(C), the following rules shall apply:
       (A) Grounds of exclusion not applicable.--The provisions of 
     paragraphs (5), (6)(A), (7)(A), and (9)(B) of section 212(a) 
     of the Immigration and Nationality Act (8 U.S.C. 1182(a)) 
     shall not apply.
       (B) Waiver of other grounds.--
       (i) In general.--Except as provided in clause (ii), the 
     Secretary may waive any other provision of such section 
     212(a) in the case of individual aliens for humanitarian 
     purposes, to ensure family unity, or if otherwise in the 
     public interest.
       (ii) Grounds that may not be waived.--Paragraphs (2)(A), 
     (2)(B), (2)(C), (3), and (4) of such section 212(a) may not 
     be waived by the Secretary under clause (i).
       (iii) Construction.--Nothing in this subparagraph shall be 
     construed as affecting the authority of the Secretary other 
     than under this subparagraph to waive provisions of such 
     section 212(a).
       (C) Special rule for determination of public charge.--An 
     alien is not ineligible for status under this section by 
     reason of a ground of inadmissibility under section 212(a)(4) 
     of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) 
     if the alien demonstrates a history of employment in the 
     United States evidencing self-support without reliance on 
     public cash assistance.
       (f) Temporary Stay of Removal and Work Authorization for 
     Certain Applicants.--
       (1) Before application period.--Effective on the date of 
     enactment of this Act, the Secretary shall provide that, in 
     the case of an alien who is apprehended before the beginning 
     of the application period described in subsection (a)(1)(B) 
     and who can establish a nonfrivolous case of eligibility for 
     temporary resident status under subsection (a) (but for the 
     fact that the alien may not apply for such status until the 
     beginning of

[[Page S3944]]

     such period), until the alien has had the opportunity during 
     the first 30 days of the application period to complete the 
     filing of an application for temporary resident status, the 
     alien--
       (A) may not be removed; and
       (B) shall be granted authorization to engage in employment 
     in the United States and be provided an ``employment 
     authorized'' endorsement or other appropriate work permit for 
     such purpose.
       (2) During application period.--The Secretary shall provide 
     that, in the case of an alien who presents a nonfrivolous 
     application for temporary resident status under subsection 
     (a) during the application period described in subsection 
     (a)(1)(B), including an alien who files such an application 
     within 30 days of the alien's apprehension, and until a final 
     determination on the application has been made in accordance 
     with this section, the alien--
       (A) may not be removed; and
       (B) shall be granted authorization to engage in employment 
     in the United States and be provided an ``employment 
     authorized'' endorsement or other appropriate work permit for 
     such purpose.
       (g) Administrative and Judicial Review.--
       (1) In general.--There shall be no administrative or 
     judicial review of a determination respecting an application 
     for status under subsection (a) or (c) except in accordance 
     with this subsection.
       (2) Administrative review.--
       (A) Single level of administrative appellate review.--The 
     Secretary shall establish an appellate authority to provide 
     for a single level of administrative appellate review of such 
     a determination.
       (B) Standard for review.--Such administrative appellate 
     review shall be based solely upon the administrative record 
     established at the time of the determination on the 
     application and upon such additional or newly discovered 
     evidence as may not have been available at the time of the 
     determination.
       (3) Judicial review.--
       (A) Limitation to review of removal.--There shall be 
     judicial review of such a determination only in the judicial 
     review of an order of removal under section 242 of the 
     Immigration and Nationality Act (8 U.S.C. 1252).
       (B) Standard for judicial review.--Such judicial review 
     shall be based solely upon the administrative record 
     established at the time of the review by the appellate 
     authority and the findings of fact and determinations 
     contained in such record shall be conclusive unless the 
     applicant can establish abuse of discretion or that the 
     findings are directly contrary to clear and convincing facts 
     contained in the record considered as a whole.
       (h) Dissemination of Information on Adjustment Program.--
     Beginning not later than the first day of the application 
     period described in subsection (a)(1)(B), the Secretary, in 
     cooperation with qualified designated entities, shall broadly 
     disseminate information respecting the benefits that aliens 
     may receive under this section and the requirements to be 
     satisfied to obtain such benefits.
       (i) Regulations.--The Secretary shall issue regulations to 
     implement this section not later than the first day of the 
     seventh month that begins after the date of enactment of this 
     Act.
       (j) Effective Date.--This section shall take effect on the 
     date that regulations are issued implementing this section on 
     an interim or other basis.
       (k) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary to carry out this section 
     $40,000,000 for each of fiscal years 2006 through 2009.

     SEC. 712. CORRECTION OF SOCIAL SECURITY RECORDS.

       (a) In General.--Section 208(d)(1) of the Social Security 
     Act (42 U.S.C. 408(d)(1)) is amended--
       (1) in subparagraph (B)(ii), by striking ``or'' at the end;
       (2) in subparagraph (C), by inserting ``or'' at the end;
       (3) by inserting after subparagraph (C) the following:
       ``(D) who is granted status as a lawful temporary resident 
     under the Agricultural Job Opportunity, Benefits, and 
     Security Act of 2005,''; and
       (4) by striking ``1990.'' and inserting ``1990, or in the 
     case of an alien described in subparagraph (D), if such 
     conduct is alleged to have occurred before the date on which 
     the alien was granted lawful temporary resident status.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the first day of the seventh month that 
     begins after the date of enactment of this Act.
                                 ______
                                 
  SA 542. Mr. KYL submitted an amendment intended to be proposed to 
amendment SA 387 proposed by Ms. Mikulski (for herself, Mr. Allen, Mr. 
Leahy, Mr. Corzine, Mr. Warner, Mr. Jeffords, Mr. Sarbanes, Mr. Dayton, 
Mr. Kennedy, Ms. Landrieu, Mr. Reed, Mr. Lautenberg, Mr. Feingold, Mr. 
Dorgan, Mr. Kerry, Mr. Conrad, Mr. Thomas, Mr. Stevens, Mr. DeWine, Mr. 
Coleman, Ms. Snowe, and Ms. Collins) to the bill H.R. 1268, Making 
emergency supplemental appropriations for the fiscal year ending 
September 30, 2005, to establish and rapidly implement regulations for 
State driver's license and identification document security standards, 
to prevent terrorists from abusing the asylum laws of the United 
States, to unify terrorism-related grounds for inadmissibility and 
removal, to ensure expeditious construction of the San Diego border 
fence, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 2, strike lines 5 through 11, and insert the 
     following:
       ``(9)(A) Subject to subparagraphs (B) and (C), an alien 
     counted toward the numerical limitations of paragraph (1)(B) 
     during any 1 of the 3 fiscal years prior to the submission of 
     a petition for a nonimmigrant worker described in section 
     101(a)(15)(H)(ii)(b) may not be counted toward such 
     limitation for the fiscal year in which the petition is 
     approved.
       ``(B) A petition referred to in subparagraph (A) shall 
     include, with respect to an alien--
       ``(i) the full name of the alien; and
       ``(ii) a certification to the Department of Homeland 
     Security that the alien is a returning worker.
       ``(C) An H-2B petition for a returning worker shall be 
     approved only if the name of the individual on the petition 
     is confirmed by--
       ``(i) the Department of State; or
       ``(ii) if the alien is visa exempt, the Department of 
     Homeland Security.''.
                                 ______
                                 
  SA 543. Mr. REED (for himself and Mr. Chafee) submitted an amendment 
intended to be proposed to amendment SA 375 proposed by Mr. Craig (for 
himself and Mr. Kennedy) to the bill H.R. 1268, Making emergency 
supplemental appropriations for the fiscal year ending September 30, 
2005, to establish and rapidly implement regulations for State driver's 
license and identification document security standards, to prevent 
terrorists from abusing the asylum laws of the United States, to unify 
terrorism-related grounds for inadmissibility and removal, to ensure 
expeditious construction of the San Diego border fence, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ADJUSTMENT OF STATUS.

       (a) Adjustment of Status.--
       (1) In general.--
       (A) Eligibility.--The Secretary of Homeland Security 
     (referred to in this section as the ``Secretary'') shall 
     adjust the status of an alien described in subsection (b) to 
     that of an alien lawfully admitted for permanent residence, 
     if the alien--
       (i) applies for adjustment before April 1, 2007; and
       (ii) is otherwise eligible to receive an immigrant visa and 
     admissible to the United States for permanent residence, 
     except that, in determining such admissibility, the grounds 
     for inadmissibility specified in paragraphs (4), (5), (6)(A), 
     and (7)(A) of section 212(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(a)) shall not apply.
       (B) Ineligible aliens.--An alien shall not be eligible for 
     adjustment of status under this section if the Secretary 
     finds that the alien has been convicted of--
       (i) any aggravated felony (as defined in section 101(a)(43) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(43)); or
       (ii) 2 or more crimes involving moral turpitude.
       (2) Relationship of application to certain orders.--
       (A) In general.--An alien present in the United States who 
     has been ordered excluded, deported, removed, or to depart 
     voluntarily from the United States under any provision of the 
     Immigration and Nationality Act may, notwithstanding such 
     order, apply for adjustment of status under paragraph (1) if 
     otherwise qualified under that paragraph.
       (B) Separate motion not required.--An alien described in 
     subparagraph (A) may not be required, as a condition of 
     submitting or granting such application, to file a separate 
     motion to reopen, reconsider, or vacate the order described 
     in subparagraph (A).
       (C) Effect of decision by secretary.--If the Secretary 
     grants the application, the Secretary shall cancel the order. 
     If the Secretary makes a final decision to deny the 
     application, the order shall be effective and enforceable to 
     the same extent as if the application had not been made.
       (b) Aliens Eligible for Adjustment of Status.--
       (1) In general.--The benefits provided under subsection (a) 
     shall apply to any alien--
       (A) who is--
       (i) a national of Liberia; and
       (ii) has been continuously present in the United States 
     from January 1, 2005, through the date of application under 
     subsection (a); or
       (B) who is the spouse, child, or unmarried son or daughter 
     of an alien described in subparagraph (A).
       (2) Determination of continuous physical presence.--For 
     purposes of establishing the period of continuous physical 
     presence referred to in paragraph (1), an alien shall not be 
     considered to have failed to maintain continuous physical 
     presence by reasons of an absence, or absences, from the 
     United States

[[Page S3945]]

     for any period or periods amounting in the aggregate to not 
     more than 180 days.
       (c) Stay of Removal.--
       (1) In general.--The Secretary shall provide by regulation 
     for an alien who is subject to a final order of deportation 
     or removal or exclusion to seek a stay of such order based on 
     the filing of an application under subsection (a).
       (2) During certain proceedings.--Notwithstanding any 
     provision in the Immigration and Nationality Act, the 
     Secretary shall not order an alien to be removed from the 
     United States if the alien is in exclusion, deportation, or 
     removal proceedings under any provision of such Act and has 
     applied for adjustment of status under subsection (a), except 
     where the Secretary has made a final determination to deny 
     the application.
       (3) Work authorization.--
       (A) In general.--The Secretary may authorize an alien who 
     has applied for adjustment of status under subsection (a) to 
     engage in employment in the United States during the pendency 
     of such application and may provide the alien with an 
     ``employment authorized'' endorsement or other appropriate 
     document signifying authorization of employment.
       (B) Pending applications.--If an application under 
     subsection (a) is pending for a period exceeding 180 days and 
     has not been denied, the Secretary shall authorize such 
     employment.
       (d) Record of Permanent Residence.--Upon approval of an 
     alien's application for adjustment of status under subsection 
     (a), the Secretary shall establish a record of the alien's 
     admission for permanent record as of the date of the alien's 
     arrival in the United States.
       (e) Availability of Administrative Review.--The Secretary 
     shall provide to applicants for adjustment of status under 
     subsection (a) the same right to, and procedures for, 
     administrative review as are provided to--
       (1) applicants for adjustment of status under section 245 
     of the Immigration and Nationality Act (8 U.S.C. 1255); or
       (2) aliens subject to removal proceedings under section 240 
     of such Act.
       (f) Limitation on Judicial Review.--A determination by the 
     Secretary as to whether the status of any alien should be 
     adjusted under this section is final and shall not be subject 
     to review by any court.
       (g) No Offset in Number of Visas Available.--If an alien is 
     granted the status of having been lawfully admitted for 
     permanent residence pursuant to this section, the Secretary 
     of State shall not be required to reduce the number of 
     immigrant visas authorized to be issued under any provision 
     of the Immigration and Nationality Act.
       (h) Application of Immigration and Nationality Act 
     Provisions.--
       (1) Definitions.--Except as otherwise specifically provided 
     in this section, the definitions contained in the Immigration 
     and Nationality Act shall apply in this section.
       (2) Savings provision.--Nothing in this section shall be 
     construed to repeal, amend, alter, modify, effect, or 
     restrict the powers, duties, function, or authority of the 
     Secretary in the administration and enforcement of the 
     Immigration and Nationality Act or any other law relating to 
     immigration, nationality, or naturalization.
       (3) Effect of eligibility for adjustment of status.--
     Eligibility to be granted the status of having been lawfully 
     admitted for permanent residence under this section shall not 
     preclude an alien from seeking any status under any other 
     provision of law for which the alien may otherwise be 
     eligible.
                                 ______
                                 
  SA 544. Mr. REED (for himself and Mr. Chafee) submitted an amendment 
intended to be proposed to amendment SA 432 proposed by Mr. Chambliss 
(for himself and Mr. Kyl) to the bill H.R. 1268, Making emergency 
supplemental appropriations for the fiscal year ending September 30, 
2005, to establish and rapidly implement regulations for State driver's 
license and identification document security standards, to prevent 
terrorists from abusing the asylum laws of the United States, to unify 
terrorism-related grounds for inadmissibility and removal, to ensure 
expeditious construction of the San Diego border fence, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ADJUSTMENT OF STATUS.

       (a) Adjustment of Status.--
       (1) In general.--
       (A) Eligibility.--The Secretary of Homeland Security 
     (referred to in this section as the ``Secretary'') shall 
     adjust the status of an alien described in subsection (b) to 
     that of an alien lawfully admitted for permanent residence, 
     if the alien--
       (i) applies for adjustment before April 1, 2007; and
       (ii) is otherwise eligible to receive an immigrant visa and 
     admissible to the United States for permanent residence, 
     except that, in determining such admissibility, the grounds 
     for inadmissibility specified in paragraphs (4), (5), (6)(A), 
     and (7)(A) of section 212(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(a)) shall not apply.
       (B) Ineligible aliens.--An alien shall not be eligible for 
     adjustment of status under this section if the Secretary 
     finds that the alien has been convicted of--
       (i) any aggravated felony (as defined in section 101(a)(43) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(43)); or
       (ii) 2 or more crimes involving moral turpitude.
       (2) Relationship of application to certain orders.--
       (A) In general.--An alien present in the United States who 
     has been ordered excluded, deported, removed, or to depart 
     voluntarily from the United States under any provision of the 
     Immigration and Nationality Act may, notwithstanding such 
     order, apply for adjustment of status under paragraph (1) if 
     otherwise qualified under that paragraph.
       (B) Separate motion not required.--An alien described in 
     subparagraph (A) may not be required, as a condition of 
     submitting or granting such application, to file a separate 
     motion to reopen, reconsider, or vacate the order described 
     in subparagraph (A).
       (C) Effect of decision by secretary.--If the Secretary 
     grants the application, the Secretary shall cancel the order. 
     If the Secretary makes a final decision to deny the 
     application, the order shall be effective and enforceable to 
     the same extent as if the application had not been made.
       (b) Aliens Eligible for Adjustment of Status.--
       (1) In general.--The benefits provided under subsection (a) 
     shall apply to any alien--
       (A) who is--
       (i) a national of Liberia; and
       (ii) has been continuously present in the United States 
     from January 1, 2005, through the date of application under 
     subsection (a); or
       (B) who is the spouse, child, or unmarried son or daughter 
     of an alien described in subparagraph (A).
       (2) Determination of continuous physical presence.--For 
     purposes of establishing the period of continuous physical 
     presence referred to in paragraph (1), an alien shall not be 
     considered to have failed to maintain continuous physical 
     presence by reasons of an absence, or absences, from the 
     United States for any period or periods amounting in the 
     aggregate to not more than 180 days.
       (c) Stay of Removal.--
       (1) In general.--The Secretary shall provide by regulation 
     for an alien who is subject to a final order of deportation 
     or removal or exclusion to seek a stay of such order based on 
     the filing of an application under subsection (a).
       (2) During certain proceedings.--Notwithstanding any 
     provision in the Immigration and Nationality Act, the 
     Secretary shall not order an alien to be removed from the 
     United States if the alien is in exclusion, deportation, or 
     removal proceedings under any provision of such Act and has 
     applied for adjustment of status under subsection (a), except 
     where the Secretary has made a final determination to deny 
     the application.
       (3) Work authorization.--
       (A) In general.--The Secretary may authorize an alien who 
     has applied for adjustment of status under subsection (a) to 
     engage in employment in the United States during the pendency 
     of such application and may provide the alien with an 
     ``employment authorized'' endorsement or other appropriate 
     document signifying authorization of employment.
       (B) Pending applications.--If an application under 
     subsection (a) is pending for a period exceeding 180 days and 
     has not been denied, the Secretary shall authorize such 
     employment.
       (d) Record of Permanent Residence.--Upon approval of an 
     alien's application for adjustment of status under subsection 
     (a), the Secretary shall establish a record of the alien's 
     admission for permanent record as of the date of the alien's 
     arrival in the United States.
       (e) Availability of Administrative Review.--The Secretary 
     shall provide to applicants for adjustment of status under 
     subsection (a) the same right to, and procedures for, 
     administrative review as are provided to--
       (1) applicants for adjustment of status under section 245 
     of the Immigration and Nationality Act (8 U.S.C. 1255); or
       (2) aliens subject to removal proceedings under section 240 
     of such Act.
       (f) Limitation on Judicial Review.--A determination by the 
     Secretary as to whether the status of any alien should be 
     adjusted under this section is final and shall not be subject 
     to review by any court.
       (g) No Offset in Number of Visas Available.--If an alien is 
     granted the status of having been lawfully admitted for 
     permanent residence pursuant to this section, the Secretary 
     of State shall not be required to reduce the number of 
     immigrant visas authorized to be issued under any provision 
     of the Immigration and Nationality Act.
       (h) Application of Immigration and Nationality Act 
     Provisions.--
       (1) Definitions.--Except as otherwise specifically provided 
     in this section, the definitions contained in the Immigration 
     and Nationality Act shall apply in this section.
       (2) Savings provision.--Nothing in this section shall be 
     construed to repeal, amend, alter, modify, effect, or 
     restrict the powers, duties, function, or authority of the 
     Secretary in the administration and enforcement of the 
     Immigration and Nationality Act or any other law relating to 
     immigration, nationality, or naturalization.

[[Page S3946]]

       (3) Effect of eligibility for adjustment of status.--
     Eligibility to be granted the status of having been lawfully 
     admitted for permanent residence under this section shall not 
     preclude an alien from seeking any status under any other 
     provision of law for which the alien may otherwise be 
     eligible.
                                 ______
                                 
  SA 545. Mr. WYDEN submitted an amendment intended to be proposed to 
amendment SA 376 submitted by Mr. Wyden (for himself, Mr. Smith, and 
Mrs. Murray) and intended to be proposed to the bill H.R. 1268, Making 
emergency supplemental appropriations for the fiscal year ending 
September 30, 2005, to establish and rapidly implement regulations for 
State driver's license and identification document security standards, 
to prevent terrorists from abusing the asylum laws of the United 
States, to unify terrorism-related grounds for inadmissibility and 
removal, to ensure expeditious construction of the San Diego border 
fence, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 1, strike ``At the appropriate place,'' and insert 
     ``On page 204, between lines 4 and 5,''.
       On page 2, strike lines 1 through 11 and insert the 
     following:

                               CHAPTER 5

                         DEPARTMENT OF DEFENSE


                       OPERATIONS AND MAINTENANCE

       (a) For an additional amount for the Secretary of the Army, 
     acting through the Chief of Engineers, for emergency repair 
     of the Fern Ridge Dam, Oregon, $31,000,000, to remain 
     available until expended: Provided, That the amounts provided 
     under this heading are designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).
       (b) For an additional amount for the Secretary of the Army, 
     acting through the Chief of Engineers, for emergency work on 
     the Los Angeles-Long Beach Harbor, Mojave River Dam, Port San 
     Luis, and Santa Barbara Harbor, $7,500,000, to remain 
     available until expended: Provided, That the amounts provided 
     under this heading are designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).
       (c) For an additional amount for the Secretary of the Army, 
     acting through the Chief of Engineers, for emergency 
     construction at Lower Santa Ana River Reaches 1 and 2 of the 
     Santa Ana River Project, Prado Dam of the Santa Ana River 
     Project, San Timoteo of the Santa Ana River Project, Murrieta 
     Creek, and Santa Paula Creek, $12,500,000, to remain 
     available until expended: Provided, That the amounts provided 
     under this heading are designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).
       (d) The project for navigation, Los Angeles Harbor, 
     California, authorized by section 101(b)(5) of the Water 
     Resources Development Act of 2000 (114 Stat. 2577) is 
     modified to authorize the Secretary of the Army to carry out 
     the project at a total cost of $222,000,000.
       (e) The Secretary of the Army, acting through the Chief of 
     Engineers, shall use any funds appropriated to the Secretary 
     pursuant to this Act to repair, restore, and maintain 
     projects and facilities of the Corps of Engineers, including 
     by dredging navigation channels, cleaning area streams, 
     providing emergency streambank protection, restoring such 
     public infrastructure as the Secretary determines to be 
     necessary (including sewer and water facilities), conducting 
     studies of the impacts of floods, and providing such flood 
     relief as the Secretary determines to be appropriate: 
     Provided, That of those funds, $32,000,000 shall be used by 
     the Secretary for the Upper Peninsula, Michigan.
                                 ______
                                 
  SA 546. Mr. CHAMBLISS submitted an amendment intended to be proposed 
to amendment SA 375 proposed by Mr. Craig (for himself and Mr. Kennedy) 
to the bill H.R. 1268, Making emergency supplemental appropriations for 
the fiscal year ending September 30, 2005, to establish and rapidly 
implement regulations for State driver's license and identification 
document security standards, to prevent terrorists from abusing the 
asylum laws of the United States, to unify terrorism-related grounds 
for inadmissibility and removal, to ensure expeditious construction of 
the San Diego border fence, and for other purposes; which was ordered 
to lie on the table; as follows:

       Strike all after the first word and insert the following:

               TITLE VII--TEMPORARY AGRICULTURAL WORKERS

     SEC. 701. SHORT TITLE.

       This title may be cited as the ``Temporary Agricultural 
     Work Reform Act of 2005''.

                   Subtitle A--Temporary H-2A Workers

     SEC. 711. ADMISSION OF TEMPORARY H-2A WORKERS.

       Section 218 of the Immigration and Nationality Act (8 
     U.S.C. 1188) is amended to read as follows:


                 ``ADMISSION OF TEMPORARY H-2A WORKERS

       ``Sec. 218. (a) Application.--An alien may not be admitted 
     as an H-2A worker unless the employer has filed with the 
     Secretary of Homeland Security a petition attesting to the 
     following:
       ``(1) Temporary or seasonal work or services.--
       ``(A) In general.--The agricultural employment for which 
     the H-2A worker or workers is or are sought is temporary or 
     seasonal, the number of workers sought, and the wage rate and 
     conditions under which they will be employed.
       ``(B) Temporary or seasonal work.--For purposes of 
     subparagraph (A), a worker is employed on a `temporary' or 
     `seasonal' basis if the employment is intended not to exceed 
     10 months.
       ``(2) Benefits, wage, and working conditions.--The employer 
     will provide, at a minimum, the benefits, wages, and working 
     conditions required by subsection (m) to all workers employed 
     in the jobs for which the H-2A worker or workers is or are 
     sought and to all other temporary workers in the same 
     occupation at the place of employment.
       ``(3) Nondisplacement of united states workers.--The 
     employer did not displace and will not displace a United 
     States worker employed by the employer during the period of 
     employment and during a period of 30 days preceding the 
     period of employment in the occupation at the place of 
     employment for which the employer seeks approval to employ H-
     2A workers.
       ``(4) Recruitment.--
       ``(A) In general.--The employer shall attest that the 
     employer--
       ``(i) conducted adequate recruitment in the metropolitan 
     statistical area of intended employment before filing the 
     attestation; and
       ``(ii) was unsuccessful in locating qualified United States 
     workers for the job opportunity for which the certification 
     is sought.
       ``(B) Recruitment.--The adequate recruitment requirement 
     under subparagraph (A) is satisfied if the employer--
       ``(i) places a job order with America's Job Bank Program of 
     the Department of Labor; and
       ``(ii) places a Sunday advertisement in a newspaper of 
     general circulation or an advertisement in an appropriate 
     trade journal or ethnic publication that is likely to be 
     patronized by a potential worker in the area of intended 
     employment.
       ``(C) Advertisement criteria.--The advertisement 
     requirement under subparagraph (B)(ii) is satisfied if the 
     advertisement--
       ``(i) names the employer;
       ``(ii) directs applicants to report or send resumes, as 
     appropriate for the occupation, to the employer;
       ``(iii) provides a description of the vacancy that is 
     specific enough to apprise United States workers of the job 
     opportunity for which certification is sought;
       ``(iv) describes the geographic area with enough 
     specificity to apprise applicants of any travel requirements 
     and where applicants will likely have to reside to perform 
     the job;
       ``(v) states the rate of pay, which must equal or exceed 
     the wage paid for the occupation in the area of intended 
     employment; and
       ``(vi) offers wages, terms, and conditions of employment, 
     which are at least as favorable as those offered to the 
     alien.
       ``(5) Offers to united states workers.--The employer has 
     offered or will offer the job for which the nonimmigrant is, 
     or the nonimmigrants are, sought to any eligible United 
     States worker who applies and is equally or better qualified 
     for the job and who will be available at the time and place 
     of need.
       ``(6) Provision of insurance.--If the job for which the 
     nonimmigrant is, or the nonimmigrants are, sought is not 
     covered by State workers' compensation law, the employer will 
     provide, at no cost to the worker, insurance covering injury 
     and disease arising out of, and in the course of, the 
     worker's employment which will provide benefits at least 
     equal to those provided under the State workers' compensation 
     law for comparable employment.
       ``(7) Strike or lockout.--The specific job opportunity for 
     which the employer is requesting an H-2A worker is not vacant 
     because the former occupant is on strike or being locked out 
     in the course of a labor dispute.
       ``(8) Previous violations.--The employer has not, during 
     the previous 5-year period, employed H-2A workers and 
     knowingly violated a material term or condition of approval 
     with respect to the employment of domestic or nonimmigrant 
     workers, as determined by the Secretary of Labor after notice 
     and opportunity for a hearing.
       ``(b) Publication.--The employer shall make available for 
     public examination, within 1 working day after the date on 
     which a petition under this section is filed, at the 
     employer's principal place of business or worksite, a copy of 
     each such petition (and such accompanying documents as are 
     necessary).
       ``(c) List.--The Secretary of Labor shall compile, on a 
     current basis, a list (by employer) of the petitions filed 
     under subsection (a). Such list shall include the wage rate, 
     number of aliens sought, period of intended employment, and 
     date of need. The Secretary of Labor shall make such list 
     available for public examination in Washington, District of 
     Columbia.

[[Page S3947]]

       ``(d) Special Rules for Consideration of Petitions.--The 
     following rules shall apply in the case of the filing and 
     consideration of a petition under subsection (a):
       ``(1) Deadline for filing applications.--The Secretary of 
     Homeland Security may not require that the petition be filed 
     more than 28 days before the first date the employer requires 
     the labor or services of the H-2A worker or workers.
       ``(2) Issuance of approval.--Unless the Secretary of 
     Homeland Security finds that the petition is incomplete or 
     obviously inaccurate, the Secretary of Homeland Security 
     shall provide a decision within 7 days of the date of the 
     filing of the petition.
       ``(e) Roles of Agricultural Associations.--
       ``(1) Permitting filing by agricultural associations.--A 
     petition to hire an alien as a temporary agricultural worker 
     may be filed by an association of agricultural producers 
     which use agricultural services.
       ``(2) Treatment of associations acting as employers.--If an 
     association is a joint or sole employer of temporary 
     agricultural workers, such workers may be transferred among 
     its producer members to perform agricultural services of a 
     temporary or seasonal nature for which the petition was 
     approved.
       ``(3) Statement of liability.--The application form shall 
     include a clear statement explaining the liability under this 
     section of an employer who places an H-2A worker with another 
     H-2A employer if the other employer displaces a United States 
     worker in violation of the condition described in subsection 
     (a)(7).
       ``(4) Treatment of violations.--
       ``(A) Member's violation does not necessarily disqualify 
     association or other members.--If an individual producer 
     member of a joint employer association is determined to have 
     committed an act that is in violation of the conditions for 
     approval with respect to the member's petition, the denial 
     shall apply only to that member of the association unless the 
     Secretary of Labor determines that the association or other 
     member participated in, had knowledge of, or had reason to 
     know of the violation.
       ``(B) Association's violation does not necessarily 
     disqualify members.--
       ``(i) Joint employer.--If an association representing 
     agricultural producers as a joint employer is determined to 
     have committed an act that is in violation of the conditions 
     for approval with respect to the association's petition, the 
     denial shall apply only to the association and does not apply 
     to any individual producer member of the association, unless 
     the Secretary of Labor determines that the member 
     participated in, had knowledge of, or had reason to know of 
     the violation.
       ``(ii) Sole employer.--If an association of agricultural 
     producers approved as a sole employer is determined to have 
     committed an act that is in violation of the conditions for 
     approval with respect to the association's petition, no 
     individual producer member of such association may be the 
     beneficiary of the services of temporary alien agricultural 
     workers admitted under this section in the commodity and 
     occupation in which such aliens were employed by the 
     association which was denied approval during the period such 
     denial is in force, unless such producer member employs such 
     aliens in the commodity and occupation in question directly 
     or through an association which is a joint employer of such 
     workers with the producer member.
       ``(f) Expedited Administrative Appeals of Certain 
     Determinations.--Regulations shall provide for an expedited 
     procedure for the review of a denial of approval under this 
     section, or at the applicant's request, for a de novo 
     administrative hearing respecting the denial.
       ``(g) Miscellaneous Provisions.--
       ``(1) Endorsement of documents.--The Secretary of Homeland 
     Security shall provide for the endorsement of entry and exit 
     documents of nonimmigrants described in section 
     101(a)(15)(H)(ii)(a) as may be necessary to carry out this 
     section and to provide notice for purposes of section 274A.
       ``(2) Preemption of state laws.--The provisions of 
     subsections (a) and (c) of section 214 and the provisions of 
     this section preempt any State or local law regulating 
     admissibility of nonimmigrant workers.
       ``(3) Fees.--
       ``(A) In general.--The Secretary of Homeland Security may 
     require, as a condition of approving the petition, the 
     payment of a fee in accordance with subparagraph (B) to 
     recover the reasonable costs of processing petitions.
       ``(B) Amounts.--
       ``(i) Employer.--The fee for each employer that receives a 
     temporary alien agricultural labor certification shall be 
     equal to $100 plus $10 for each job opportunity for H-2A 
     workers certified, provided that the fee to an employer for 
     each temporary alien agricultural labor certification 
     received shall not exceed $1,000.
       ``(ii) Joint employer association.--In the case of a joint 
     employer association that receives a temporary alien 
     agricultural labor certification, each employer-member 
     receiving such certification shall pay a fee equal to $100 
     plus $10 for each job opportunity for H-2A workers certified, 
     provided that the fee to an employer for each temporary alien 
     agricultural labor certification received shall not exceed 
     $1,000. The joint employer association shall not be charged a 
     separate fee.
       ``(C) Payments.--The fees collected under this paragraph 
     shall be paid by check or money order made payable to the 
     `Department of Homeland Security'. In the case of employers 
     of H-2A workers that are members of a joint employer 
     association applying on their behalf, the aggregate fees for 
     all employers of H-2A workers under the petition may be paid 
     by 1 check or money order.
       ``(D) Inflation adjustment.--In the case of any calendar 
     year beginning after 2005, each dollar amount in subparagraph 
     (B) may be increased by an amount equal to--
       ``(i) such dollar amount; multiplied by
       ``(ii) the percentage (if any) by which the average of the 
     Consumer Price Index for all urban consumers (United States 
     city average) for the 12-month period ending with August of 
     the preceding calendar year exceeds such average for the 12-
     month period ending with August 2004.
       ``(h) Failure To Meet Conditions.--If the Secretary of 
     Labor finds, after notice and opportunity for a hearing, a 
     failure to meet a condition of subsection (a), or a material 
     misrepresentation of fact in a petition under subsection 
     (a)--
       ``(1) the Secretary of Labor shall notify the Secretary of 
     Homeland Security of such finding and may, in addition, 
     impose such other administrative remedies (including civil 
     money penalties in an amount not to exceed $1,000 per 
     violation) as the Secretary of Labor determines to be 
     appropriate; and
       ``(2) the Secretary of Homeland Security may disqualify the 
     employer from the employment of H-2A workers for a period of 
     1 year.
       ``(i) Willful Failures and Willful Misrepresentations.--If 
     the Secretary of Labor finds, after notice and opportunity 
     for a hearing, a willful failure to meet a material condition 
     of subsection (a) or a willful misrepresentation of a 
     material fact in a petition under subsection (a)--
       ``(1) the Secretary of Labor shall notify the Secretary of 
     Homeland Security of such finding and may, in addition, 
     impose such other administrative remedies (including civil 
     money penalties in an amount not to exceed $5,000 per 
     violation) as the Secretary of Labor determines to be 
     appropriate;
       ``(2) the Secretary of Homeland Security may disqualify the 
     employer from the employment of H-2A workers for a period of 
     2 years;
       ``(3) for a second violation, the Secretary of Homeland 
     Security may disqualify the employer from the employment of 
     H-2A workers for a period of 5 years; and
       ``(4) for a third violation, the Secretary of Homeland 
     Security may permanently disqualify the employer from the 
     employment of H-2A workers.
       ``(j) Displacement of United States Workers.--If the 
     Secretary of Labor finds, after notice and opportunity for a 
     hearing, a willful failure to meet a material condition of 
     subsection (a) or a willful misrepresentation of a material 
     fact in a petition under subsection (a), in the course of 
     which failure or misrepresentation the employer displaced a 
     United States worker employed by the employer during the 
     period of employment on the employer's petition under 
     subsection (a) or during the period of 30 days preceding such 
     period of employment--
       ``(1) the Secretary of Labor shall notify the Secretary of 
     Homeland Security of such finding and may, in addition, 
     impose such other administrative remedies (including civil 
     money penalties in an amount not to exceed $15,000 per 
     violation) as the Secretary of Labor determines to be 
     appropriate;
       ``(2) the Secretary of Homeland Security may disqualify the 
     employer from the employment of H-2A workers for a period of 
     5 years; and
       ``(3) for a second violation, the Secretary of Homeland 
     Security may permanently disqualify the employer from the 
     employment of H-2A workers.
       ``(k) Limitations on Civil Money Penalties.--The Secretary 
     of Labor shall not impose total civil money penalties with 
     respect to a petition under subsection (a) in excess of 
     $90,000.
       ``(l) Failures To Pay Wages or Required Benefits.--If the 
     Secretary of Labor finds, after notice and opportunity for a 
     hearing, that the employer has failed to pay the wages, or 
     provide the housing allowance, transportation, subsistence 
     reimbursement, or guarantee of employment required under 
     subsection (a)(2), the Secretary of Labor shall assess 
     payment of back wages, or other required benefits, due any 
     United States worker or H-2A worker employed by the employer 
     in the specific employment in question. The back wages or 
     other required benefits under subsection (a)(2) shall be 
     equal to the difference between the amount that should have 
     been paid and the amount that actually was paid to such 
     worker.
       ``(m) Minimum Benefits, Wages, and Working Conditions.--
       ``(1) Preferential treatment of aliens prohibited.--
       ``(A) In general.--Employers seeking to hire United States 
     workers shall offer the United States workers not less than 
     the same benefits, wages, and working conditions that the 
     employer is offering, intends to offer, or will provide to H-
     2A workers. Conversely, no job offer may impose on United 
     States workers any restrictions or obligations which will not 
     be imposed on the employer's H-2A workers.
       ``(B) Interpretations and determinations.--While benefits, 
     wages, and other terms and conditions of employment specified 
     in this subsection are required to be provided in connection 
     with employment under

[[Page S3948]]

     this section, every interpretation and determination made 
     under this Act or under any other law, regulation, or 
     interpretative provision regarding the nature, scope, and 
     timing of the provision of these and any other benefits, 
     wages, and other terms and conditions of employment shall be 
     made in conformance with the governing principles that the 
     services of workers to their employers and the employment 
     opportunities afforded to workers by their employers, 
     including those employment opportunities that require United 
     States workers or H-2A workers to travel or relocate in order 
     to accept or perform employment, mutually benefit such 
     workers, as well as their families, and employers, 
     principally benefitting neither, and that employment 
     opportunities within the United States further benefit the 
     United States economy as a whole and should be encouraged.
       ``(2) Required wages.--
       ``(A) An employer applying for workers under subsection (a) 
     shall offer to pay, and shall pay, all workers in the 
     occupation for which the employer has applied for workers, 
     not less than the prevailing wage.
       ``(B) In complying with subparagraph (A), an employer may 
     request and obtain a prevailing wage determination from the 
     State employment security agency.
       ``(C) In lieu of the procedure described in subparagraph 
     (B), an employer may rely on other wage information, 
     including a survey of the prevailing wages of workers in the 
     occupation in the area of intended employment that has been 
     conducted or funded by the employer or a group of employers, 
     that meets criteria specified by the Secretary of Labor in 
     regulations.
       ``(D) An employer who obtains such prevailing wage 
     determination, or who relies on a qualifying survey of 
     prevailing wages, and who pays the wage determined to be 
     prevailing, shall be considered to have complied with the 
     requirement of subparagraph (A).
       ``(E) No worker shall be paid less than the greater of the 
     prevailing wage or the applicable State minimum wage.
       ``(3) Requirement to provide housing or a housing 
     allowance.--
       ``(A) In general.--An employer applying for workers under 
     subsection (a) shall offer to provide housing at no cost to 
     all workers in job opportunities for which the employer has 
     applied under that section and to all other workers in the 
     same occupation at the place of employment, whose place of 
     residence is beyond normal commuting distance.
       ``(B) Type of housing.--In complying with subparagraph (A), 
     an employer may, at the employer's election, provide housing 
     that meets applicable Federal standards for temporary labor 
     camps or secure housing that meets applicable local standards 
     for rental or public accommodation housing, or other 
     substantially similar class of habitation, or in the absence 
     of applicable local standards, State standards for rental or 
     public accommodation housing or other substantially similar 
     class of habitation. In the absence of applicable State or 
     local standards, Federal temporary labor camp standards shall 
     apply.
       ``(C) Certificate of inspection.--Prior to any occupation 
     by a worker in housing described in subparagraph (B), the 
     employer shall submit a certificate of inspection by an 
     approved Federal or State agency to the Secretary of Labor.
       ``(D) Workers engaged in the range production of 
     livestock.--The Secretary of Labor shall issue regulations 
     that address the specific requirements for the provision of 
     housing to workers engaged in the range production of 
     livestock.
       ``(E) Limitation.--Nothing in this paragraph shall be 
     construed to require an employer to provide or secure housing 
     for persons who were not entitled to such housing under the 
     temporary labor certification regulations in effect on June 
     1, 1986.
       ``(F) Housing allowance as alternative.--
       ``(i) In general.--The employer may provide a reasonable 
     housing allowance in lieu of offering housing under 
     subparagraph (A) if the requirement under clause (v) is 
     satisfied.
       ``(ii) Assistance to locate housing.--Upon the request of a 
     worker seeking assistance in locating housing, the employer 
     shall make a good-faith effort to assist the worker in 
     locating housing in the area of intended employment.
       ``(iii) Limitation.--A housing allowance may not be used 
     for housing which is owned or controlled by the employer. An 
     employer who offers a housing allowance to a worker, or 
     assists a worker in locating housing which the worker 
     occupies, pursuant to this clause shall not be deemed a 
     housing provider under section 203 of the Migrant and 
     Seasonal Agricultural Worker Protection Act (29 U.S.C. 1823) 
     solely by virtue of providing such housing allowance.
       ``(iv) Reporting requirement.--The employer must provide 
     the Secretary of Labor with a list of the names of all 
     workers assisted under this subparagraph and the local 
     address of each such worker.
       ``(v) Certification.--The requirement of this clause is 
     satisfied if the Governor of the State certifies to the 
     Secretary of Labor that there is adequate housing available 
     in the area of intended employment for migrant farm workers, 
     and H-2A workers, who are seeking temporary housing while 
     employed at farm work. Such certification shall expire after 
     3 years unless renewed by the Governor of the State.
       ``(vi) Amount of allowance.--

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

       ``(G) Exemption.--An employer applying for workers under 
     subsection (a) whose primary job site is located 150 miles or 
     less from the United States border shall not be required to 
     provide housing or a housing allowance.
       ``(4) Reimbursement of transportation.--
       ``(A) To place of employment.--
       ``(i) In general.--A worker who completes 50 percent of the 
     period of employment of the job opportunity for which the 
     worker was hired, measured from the worker's first day of 
     work in such employment, shall be reimbursed by the employer 
     for the cost of the worker's transportation and subsistence 
     from the place from which the worker was approved to enter 
     the United States to work for the employer (or place of last 
     employment, if the worker traveled from such place) to the 
     place of employment by the employer.
       ``(ii) Other fees.--The employer shall not be required to 
     reimburse visa, passport, consular, or international border-
     crossing fees or any other fees associated with the worker's 
     lawful admission into the United States to perform employment 
     that may be incurred by the worker.
       ``(iii) Timely reimbursement.--Reimbursement to the worker 
     of expenses for the cost of the worker's transportation and 
     subsistence to the place of employment shall be considered 
     timely if such reimbursement is made not later than the 
     worker's first regular payday after the worker completes 50 
     percent of the period of employment of the job opportunity as 
     provided under this paragraph.
       ``(B) From place of employment.--A worker who completes the 
     period of employment for the job opportunity involved shall 
     be reimbursed by the employer for the cost of the worker's 
     transportation and subsistence from the place from which the 
     worker was approved to enter the United States to work for 
     the employer.
       ``(C) Limitation.--
       ``(i) Amount of reimbursement.--Except as provided in 
     clause (ii), the amount of reimbursement provided under 
     subparagraph (A) or (B) to a worker or alien shall not exceed 
     the lesser of--

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

       ``(ii) Distance traveled.--No reimbursement under 
     subparagraph (A) or (B) shall be required if the distance 
     traveled is 100 miles or less or if the worker is not 
     residing in employer-provided housing or housing secured 
     through an allowance as provided in paragraph (3).
       ``(D) Early termination.--If the worker is laid off or 
     employment is terminated for contract impossibility (as 
     described in paragraph (5)(D)) before the anticipated ending 
     date of employment, the employer shall provide the 
     transportation and subsistence required by subparagraph (B) 
     and, notwithstanding whether the worker has completed 50 
     percent of the period of employment, shall provide the 
     transportation reimbursement required by subparagraph (A).
       ``(E) Transportation between living quarters and 
     worksite.--The employer shall provide transportation between 
     the worker's living quarters (such as housing provided by the 
     employer pursuant to paragraph (3), including housing 
     provided through a housing allowance) and the employer's 
     worksite without cost to the worker, and such transportation 
     will be in accordance with applicable laws and regulations.
       ``(5) Guarantee of employment.--
       ``(A) Offer to worker.--The employer shall guarantee to 
     offer the worker employment for the hourly equivalent of at 
     least 75 percent of the work days of the total period of 
     employment, beginning with the first work day after the 
     arrival of the worker at the place of employment and ending 
     on the expiration date specified in the job offer. For 
     purposes of this subparagraph, the hourly equivalent means 
     the number of hours in the work days as stated in the job 
     offer and shall exclude the worker's Sabbath and Federal 
     holidays. If the employer affords the United States or H-2A 
     worker less employment than that required under this 
     subparagraph, the employer shall pay such worker the amount 
     which the worker would have earned had the worker, in fact, 
     worked for the guaranteed number of hours.

[[Page S3949]]

       ``(B) Failure to work.--Any hours which the worker fails to 
     work, up to a maximum of the number of hours specified in the 
     job offer for a work day, when the worker has been offered an 
     opportunity to do so, and all hours of work actually 
     performed (including voluntary work in excess of the number 
     of hours specified in the job offer in a work day, on the 
     worker's Sabbath, or on Federal holidays) may be counted by 
     the employer in calculating whether the period of guaranteed 
     employment has been met.
       ``(C) Abandonment of employment; termination for cause.--If 
     the worker voluntarily abandons employment before the end of 
     the contract period, or is terminated for cause, the worker 
     is not entitled to the 75 percent guarantee described in 
     subparagraph (A).
       ``(D) Contract impossibility.--If, before the expiration of 
     the period of employment specified in the job offer, the 
     services of the worker are no longer required for reasons 
     beyond the control of the employer due to any form of natural 
     disaster (including a flood, hurricane, freeze, earthquake, 
     fire, or drought), plant or animal disease, pest infestation, 
     or regulatory action, before the employment guarantee in 
     subparagraph (A) is fulfilled, the employer may terminate the 
     worker's employment. In the event of such termination, the 
     employer shall fulfill the employment guarantee in 
     subparagraph (A) for the work days that have elapsed from the 
     first work day after the arrival of the worker to the 
     termination of employment. In such cases, the employer will 
     make efforts to transfer the United States worker to other 
     comparable employment acceptable to the worker.
       ``(n) Petitioning for Admission.--An employer, or an 
     association acting as an agent or joint employer for its 
     members, that seeks the admission into the United States of 
     an H-2A worker must file a petition with the Secretary of 
     Homeland Security. The petition shall include the 
     attestations for the certification described in section 
     101(a)(15)(H)(ii)(a).
       ``(o) Expedited Adjudication by the Secretary.--The 
     Secretary of Homeland Security--
       ``(1) shall establish a procedure for expedited 
     adjudication of petitions filed under subsection (n); and
       ``(2) not later than 7 working days after such filing 
     shall, by fax, cable, or other means assuring expedited 
     delivery transmit a copy of notice of action on the 
     petition--
       ``(A) to the petitioner; and
       ``(B) in the case of approved petitions, to the appropriate 
     immigration officer at the port of entry or United States 
     consulate where the petitioner has indicated that the alien 
     beneficiary or beneficiaries will apply for a visa or 
     admission to the United States.
       ``(p) Disqualification.--
       ``(1) Subject to paragraph (2), an alien shall be 
     considered inadmissible to the United States and ineligible 
     for nonimmigrant status under section 101(a)(15)(H)(ii)(a) if 
     the alien has, at any time during the past 5 years, violated 
     a term or condition of admission into the United States as a 
     nonimmigrant, including overstaying the period of authorized 
     admission.
       ``(2) Waivers.--
       ``(A) In general.--An alien outside the United States, and 
     seeking admission under section 101(a)(15)(H)(ii)(a), shall 
     not be deemed inadmissible under such section by reason of 
     paragraph (1) or section 212(a)(9)(B) if the previous 
     violation occurred on or before April 1, 2005.
       ``(B) Limitation.--In any case in which an alien is 
     admitted to the United States upon having a ground of 
     inadmissibility waived under subparagraph (A), such waiver 
     shall be considered to remain in effect unless the alien 
     again violates a material provision of this section or 
     otherwise violates a term or condition of admission into the 
     United States as a nonimmigrant, in which case such waiver 
     shall terminate.
       ``(q) Abandonment of Employment.--
       ``(1) In general.--An alien admitted or provided status 
     under section 101(a)(15)(H)(ii)(a) who abandons the 
     employment which was the basis for such admission or status 
     shall be considered to have failed to maintain nonimmigrant 
     status as an H-2A worker and shall depart the United States 
     or be subject to removal under section 237(a)(1)(C)(i).
       ``(2) Report by employer.--The employer (or association 
     acting as agent for the employer) shall notify the Secretary 
     of Homeland Security within 7 days of an H-2A worker's having 
     prematurely abandoned employment.
       ``(3) Removal by the secretary.--The Secretary of Homeland 
     Security shall promptly remove from the United States any H-
     2A worker who violates any term or condition of the worker's 
     nonimmigrant status.
       ``(4) Voluntary termination.--Notwithstanding paragraph 
     (1), an alien may voluntarily terminate his or her employment 
     if the alien promptly departs the United States upon 
     termination of such employment.
       ``(r) Replacement of Alien.--
       ``(1) In general.--Upon presentation of the notice to the 
     Secretary of Homeland Security required by subsection (q)(2), 
     the Secretary of State shall promptly issue a visa to, and 
     the Secretary of Homeland Security shall admit into the 
     United States, an eligible alien designated by the employer 
     to replace an H-2A worker who abandons or prematurely 
     terminates employment.
       ``(2) Construction.--Nothing in this subsection shall limit 
     any preference required to be accorded United States workers 
     under any other provision of this Act.
       ``(s) Identification Document.--
       ``(1) In general.--The Department of Homeland Security 
     shall provide each alien authorized to be admitted under 
     section 101(a)(15)(H)(ii)(a) with a single machine-readable, 
     tamper-resistant, and counterfeit-resistant document that--
       ``(A) authorizes the alien's entry into the United States; 
     and
       ``(B) serves, for the appropriate period, as an employment 
     eligibility document.
       ``(2) Requirements.--No identification and employment 
     eligibility document may be issued which does not meet the 
     following requirements:
       ``(A) The document shall be capable of reliably determining 
     whether--
       ``(i) the individual with the identification and employment 
     eligibility document whose eligibility is being verified is 
     in fact eligible for employment;
       ``(ii) the individual whose eligibility is being verified 
     is claiming the identity of another person; and
       ``(iii) the individual whose eligibility is being verified 
     is authorized to be admitted into, and employed in, the 
     United States as an H-2A worker.
       ``(B) The document shall--
       ``(i) be compatible with other databases of the Secretary 
     of Homeland Security for the purpose of excluding aliens from 
     benefits for which they are not eligible and determining 
     whether the alien is unlawfully present in the United States; 
     and
       ``(ii) be compatible with law enforcement databases to 
     determine if the alien has been convicted of criminal 
     offenses.
       ``(t) Extension of Stay of H-2A Workers in the United 
     States.--
       ``(1) Extension of stay.--
       ``(A) In general.--An employer may seek up to 2 10-month 
     extensions under this subsection.
       ``(B) Petition.--If an employer seeks to employ an H-2A 
     worker who is lawfully present in the United States, the 
     petition filed by the employer or an association pursuant to 
     subsection (n) shall request an extension of the alien's 
     stay.
       ``(C) Commencement; maximum period.--An extension of stay 
     under this subsection--
       ``(i) may only commence upon the termination of the H-2A 
     worker's contract with an employer; and
       ``(ii) may not exceed 10 months unless the employer files a 
     written request for up to an additional 30 days accompanied 
     by justification that the need for such additional time is 
     necessitated by adverse weather conditions, acts of God, or 
     economic hardship beyond the control of the employer.
       ``(D) Future eligibility.--At the conclusion of 3 10-month 
     employment periods authorized under this section, the alien 
     so employed may not be employed in the United States as an H-
     2A worker until the alien has returned to the alien's country 
     of nationality or country of last residence for not less than 
     6 months.
       ``(2) Work authorization upon filing petition for extension 
     of stay.--
       ``(A) In general.--An alien who is lawfully present in the 
     United States may commence or continue the employment 
     described in a petition under paragraph (1) on the date on 
     which the petition is filed. The employer shall provide a 
     copy of the employer's petition to the alien, who shall keep 
     the petition with the alien's identification and employment 
     eligibility document, as evidence that the petition has been 
     filed and that the alien is authorized to work in the United 
     States.
       ``(B) Approval.--Upon approval of a petition for an 
     extension of stay or change in the alien's authorized 
     employment, the Secretary of Homeland Security shall provide 
     a new or updated employment eligibility document to the alien 
     indicating the new validity date, after which the alien is 
     not required to retain a copy of the petition.
       ``(C) Definition.--In this paragraph, the term `file' means 
     sending the petition by certified mail via the United States 
     Postal Service, return receipt requested, or delivered by 
     guaranteed commercial delivery which will provide the 
     employer with a documented acknowledgment of the date of 
     receipt of the petition.
       ``(u) Special Rule for Aliens Employed as Sheepherders, 
     Goatherders, or Dairy Workers.--Notwithstanding any other 
     provision of this section, an alien admitted under section 
     101(a)(15)(H)(ii)(a) for employment as a sheepherder, 
     goatherder, or dairy worker may be admitted for a period of 
     up to 2 years.
       ``(v) Definitions.--For purposes of this section:
       ``(1) Area of employment.--The term `area of employment' 
     means the area within normal commuting distance of the 
     worksite or physical location where the work of the H-2A 
     worker is or will be performed. If such worksite or location 
     is within a Metropolitan Statistical Area, any place within 
     such area is deemed to be within the area of employment.
       ``(2) Eligible individual.--The term `eligible individual' 
     means, with respect to employment, an individual who is not 
     an unauthorized alien (as defined in section 274A(h)(3)) with 
     respect to that employment.
       ``(3) Displace.--In the case of a petition with respect to 
     1 or more H-2A workers by an employer, the employer is 
     considered to `displace' a United States worker from a job if 
     the employer lays off the worker from a job that is 
     essentially the equivalent of the

[[Page S3950]]

     job for which the H-2A worker or workers is or are sought. A 
     job shall not be considered to be essentially equivalent of 
     another job unless it involves essentially the same 
     responsibilities, was held by a United States worker with 
     substantially equivalent qualifications and experience, and 
     is located in the same area of employment as the other job.
       ``(4) H-2a worker.--The term `H-2A worker' means a 
     nonimmigrant described in section 101(a)(15)(H)(ii)(a).
       ``(5) Lays off.--
       ``(A) In general.--The term `lays off', with respect to a 
     worker--
       ``(i) means to cause the worker's loss of employment, other 
     than through a discharge for inadequate performance, 
     violation of workplace rules, cause, voluntary departure, 
     voluntary retirement, or the expiration of a grant or 
     contract (other than a temporary employment contract entered 
     into in order to evade a condition described in paragraph (3) 
     or (7) of subsection (a); but
       ``(ii) does not include any situation in which the worker 
     is offered, as an alternative to such loss of employment, a 
     similar employment opportunity with the same employer (or, in 
     the case of a placement of a worker with another employer 
     under subsection (a)(7), with either employer described in 
     such subsection) at equivalent or higher compensation and 
     benefits than the position from which the employee was 
     discharged, regardless of whether or not the employee accepts 
     the offer.
       ``(B) Construction.--Nothing in this paragraph is intended 
     to limit an employee's rights under a collective bargaining 
     agreement or other employment contract.
       ``(6) Prevailing wage.--The term `prevailing wage' means, 
     with respect to an agricultural occupation in an area of 
     intended employment, the rate of wages that includes the 51st 
     percentile of employees with similar experience and 
     qualifications in the agricultural occupation in the area of 
     intended employment, expressed in terms of the prevailing 
     method of pay for the occupation in the area of intended 
     employment.
       ``(7) United states worker.--The term `United States 
     worker' means any worker, whether a United States citizen or 
     national, a lawfully admitted permanent resident alien, or 
     any other alien authorized to work in the relevant job 
     opportunity within the United States, except--
       ``(A) an alien admitted or otherwise provided status under 
     section 101(a)(15)(H)(ii)(a); and
       ``(B) an alien provided status under section 220.''.

     SEC. 712. LEGAL ASSISTANCE PROVIDED BY THE LEGAL SERVICES 
                   CORPORATION.

       Section 305 of the Immigrant Reform and Control Act of 1986 
     (8 U.S.C. 1101 note) is amended--
       (1) by striking ``A nonimmigrant'' and inserting the 
     following:
       ``(a) In General.--A nonimmigrant''; and
       (2) by adding at the end the following:
       ``(b) Legal Assistance.--The Legal Services Corporation may 
     not provide legal assistance for or on behalf of any alien, 
     and may not provide financial assistance to any person or 
     entity that provides legal assistance for or on behalf of any 
     alien, unless the alien--
       ``(1) is present in the United States at the time the legal 
     assistance is provided; and
       ``(2) is an alien to whom subsection (a) applies.''
       ``(c) Required Mediation.--No party may bring a civil 
     action for damages on behalf of a nonimmigrant described in 
     section 101(a)(15)(H)(ii)(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) or pursuant 
     to those in the Blue Card Program established under section 
     220 of such Act, unless at least 90 days before bringing the 
     action a request has been made to the Federal Mediation and 
     Conciliation Service to assist the parties in reaching a 
     satisfactory resolution of all issues involving all parties 
     to the dispute and mediation has been attempted.''.

                      Subtitle B--Blue Card Status

     SEC. 721. BLUE CARD PROGRAM.

       (a) In General.--Chapter 2 of title II of the Immigration 
     and Nationality Act (8 U.S.C. 1181 et seq.) is amended by 
     adding at the end the following:


                          ``BLUE CARD PROGRAM

       ``Sec. 220. (a) Definitions.--As used in this section--
       ``(1) the term `agricultural employment'--
       ``(A) means any service or activity that is considered to 
     be agricultural under section 3(f) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural 
     labor under section 3121(g) of the Internal Revenue Code of 
     1986; and
       ``(B) includes any service or activity described in--
       ``(i) title 37, 37-3011, or 37-3012 (relating to 
     landscaping) of the Department of Labor 2004-2005 
     Occupational Information Network Handbook;
       ``(ii) title 45 (relating to farming fishing, and forestry) 
     of such handbook; or
       ``(iii) title 51, 51-3022, or 51-3023 (relating to meat, 
     poultry, fish processors and packers) of such handbook.
       ``(2) the term `blue card status' means the status of an 
     alien who has been--
       ``(A) lawfully admitted for a temporary period under 
     subsection (b); and
       ``(B) issued a tamper-resistant, machine-readable document 
     that serves as the alien's visa, employment authorization, 
     and travel documentation and contains such biometrics as are 
     required by the Secretary;
       ``(3) the term `employer' means any person or entity, 
     including any farm labor contractor and any agricultural 
     association, that employs workers in agricultural employment;
       ``(4) the term `Secretary' means the Secretary of Homeland 
     Security;
       ``(5) the term `small employer' means an employer employing 
     fewer than 500 employees based upon the average number of 
     employees for each of the pay periods for the preceding 10 
     calendar months, including the period in which the employer 
     employed H-2A workers; and
       ``(6) 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 
     authorized to work in the relevant job opportunity within the 
     United States, except--
       ``(A) an alien admitted or otherwise provided status under 
     section 101(a)(15)(H)(ii)(a); and
       ``(B) an alien provided status under this section.
       ``(b) Blue Card Program.--
       ``(1) Blue card program.--Notwithstanding any other 
     provision of law, the Secretary shall confer blue card status 
     upon an alien who qualifies under this subsection if the 
     Secretary determines that the alien--
       ``(A) has been in the United States continuously as of 
     April 1, 2005;
       ``(B) has performed more than 50 percent of total annual 
     weeks worked in agricultural employment in the United States 
     (except in the case of a child provided derivative status as 
     of April 1, 2005);
       ``(C) is otherwise admissible to the United States under 
     section 212, except as otherwise provided under paragraph 
     (2); and
       ``(D) is the beneficiary of a petition filed by an 
     employer, as described in paragraph (3).
       ``(2) Waiver of certain grounds for inadmissibility.--In 
     determining an alien's eligibility for blue card status under 
     paragraph (1)(C)--
       ``(A) the provisions of paragraphs (5), (6)(A), (7)(A), and 
     (9)(B) of section 212(a) shall not apply;
       ``(B) the provisions of section 212(a)(6)(C) shall not 
     apply with respect to prior or current agricultural 
     employment; and
       ``(C) the Secretary may not waive paragraph (1), (2), or 
     (3) of section 212(a) unless such waiver is permitted under 
     another provision of law.
       ``(3) Petitions.--
       ``(A) In general.--An employer seeking blue card status 
     under this section for an alien employee shall file a 
     petition for blue card status with the Secretary.
       ``(B) Employer petition.--An employer filing a petition 
     under subparagraph (A) shall--
       ``(i) pay a registration fee of--

       ``(I) $1,000, if the employer employs more than 500 
     employees; or
       ``(II) $500, if the employer is a small employer employing 
     500 or fewer employees;

       ``(ii) pay a processing fee to cover the actual costs 
     incurred in adjudicating the petition; and
       ``(iii) attest that the employer conducted adequate 
     recruitment in the metropolitan statistical area of intended 
     employment before filing the attestation and was unsuccessful 
     in locating qualified United States workers for the job 
     opportunity for which the certification is sought, which 
     attestation shall be valid for a period of 60 days.
       ``(C) Recruitment.--
       ``(i) The adequate recruitment requirement under 
     subparagraph (B)(iii) is satisfied if the employer--

       ``(I) places a job order with America's Job Bank Program of 
     the Department of Labor; and
       ``(II) places a Sunday advertisement in a newspaper of 
     general circulation or an advertisement in an appropriate 
     trade journal or ethnic publication that is likely to be 
     patronized by a potential worker in the metropolitan 
     statistical area of intended employment.

       ``(ii) An advertisement under clause (i)(II) shall--

       ``(I) name the employer;
       ``(II) direct applicants to report or send resumes, as 
     appropriate for the occupation, to the employer;
       ``(III) provide a description of the vacancy that is 
     specific enough to apprise United States workers of the job 
     opportunity for which certification is sought;
       ``(IV) describe the geographic area with enough specificity 
     to apprise applicants of any travel requirements and where 
     applicants will likely have to reside to perform the job;
       ``(V) state the rate of pay, which must equal or exceed the 
     wage paid for the occupation in the area of intended 
     employment; and
       ``(VI) offer wages, terms, and conditions of employment, 
     which are at least as favorable as those offered to the 
     alien.

       ``(D) Notification of denial.--The Secretary shall provide 
     notification of a denial of a petition filed for an alien to 
     the alien and the employer who filed such petition.
       ``(E) Effect of denial.--If the Secretary denies a petition 
     filed for an alien, such alien shall return to the country of 
     the alien's nationality or last residence outside the United 
     States.
       ``(4) Blue card status.--
       ``(A) Blue card.--
       ``(i) All-in-one card.--The Secretary, in conjunction with 
     the Secretary of State, shall develop a single machine-
     readable, tamper-resistant document that--

[[Page S3951]]

       ``(I) authorizes the alien's entry into the United States;
       ``(II) serves, during the period an alien is in blue card 
     status, as an employment authorized endorsement or other 
     appropriate work permit for agricultural employment only; and
       ``(III) serves as an entry and exit document to be used in 
     conjunction with a proper visa or as a visa and as other 
     appropriate travel and entry documentation using biometric 
     identifiers that meet the biometric identifier standards 
     jointly established by the Secretary of State and the 
     Secretary.

       ``(ii) Biometrics.--

       ``(I) After a petition is filed by an employer and receipt 
     of such petition is confirmed by the Secretary, the alien, in 
     order to further adjudicate the petition, shall submit 2 
     biometric identifiers, as required by the Secretary, at an 
     Application Support Center.
       ``(II) The Secretary shall prescribe a process for the 
     submission of a biometric identifier to be incorporated 
     electronically into an employer's prior electronic filing of 
     a petition. The Secretary shall prescribe an alternative 
     process for employers to file a petition in a manner other 
     than electronic filing, as needed.

       ``(B) Document requirements.--The Secretary shall issue a 
     blue card that is--
       ``(i) capable of reliably determining if the individual 
     with the blue card whose eligibility is being verified is--

       ``(I) eligible for employment;
       ``(II) claiming the identify of another person; and
       ``(III) authorized to be admitted; and

       ``(ii) compatible with--

       ``(I) other databases maintained by the Secretary for the 
     purpose of excluding aliens from benefits for which they are 
     not eligible and determining whether the alien is unlawfully 
     present in the United States; and
       ``(II) law enforcement databases to determine if the alien 
     has been convicted of criminal offenses.

       ``(C) Authorized travel.--During the period an alien is in 
     blue card status granted under this section and pursuant to 
     regulations established by the Secretary, the alien may make 
     brief visits outside the United States. An alien may be 
     readmitted to the United States after such a visit without 
     having to obtain a visa if the alien presents the alien's 
     blue card document. Such periods of time spent outside the 
     United States shall not cause the period of blue card status 
     in the United States to be extended.
       ``(D) Portability.--
       ``(i) During the period in which an alien is in blue card 
     status, the alien issued a blue card may accept new 
     employment upon the Secretary's receipt of a petition filed 
     by an employer on behalf of the alien. Employment 
     authorization shall continue for such alien until such 
     petition is adjudicated.
       ``(ii) If a petition filed under clause (i) is denied and 
     the alien has ceased employment with the previous employer, 
     the authorization under clause (i) shall terminate and the 
     alien shall be required to return to the country of the 
     alien's nationality or last residence.
       ``(iii) A fee may be required by the Secretary to cover the 
     actual costs incurred in adjudicating a petition under this 
     subparagraph. No other fee may be required under this 
     subparagraph.
       ``(iv) A petition by an employer under this subparagraph 
     may not be accepted within 90 days after the adjudication of 
     a previous petition on behalf of an alien.
       ``(E) Annual check in.--The employer of an alien in blue 
     card status who has been employed for 1 year in blue card 
     status shall confirm the alien's continued employment status 
     with the Secretary electronically or in writing. Such 
     confirmation will not require a further labor attestation.
       ``(F) Termination of blue card status.--
       ``(i) During the period of blue card status granted an 
     alien, the Secretary may terminate such status upon a 
     determination by the Secretary that the alien is deportable 
     or has become inadmissible.
       ``(ii) The Secretary may terminate blue card status granted 
     to an alien if--

       ``(I) the Secretary determines that, without the 
     appropriate waiver, the granting of blue card status was the 
     result of fraud or willful misrepresentation (as described in 
     section 212(a)(6)(C)(i));
       ``(II) the alien is convicted of a felony or a misdemeanor 
     committed in the United States; or
       ``(III) the Secretary determines that the alien is 
     deportable or inadmissible under any other provision of this 
     Act.

       ``(5) Period of authorized admission.--
       ``(A) In general.--The initial period of authorized 
     admission for an alien with blue card status shall be not 
     more than 3 years. The employer of such alien may petition 
     for extensions of such authorized admission for 2 additional 
     periods of not more than 3 years each.
       ``(B) Exception.--The limit on renewals shall not apply to 
     a nonimmigrant in a position of full-time, non-temporary 
     employment who has managerial or supervisory 
     responsibilities. The employer of such nonimmigrant shall be 
     required to make an additional attestation to such an 
     employment classification with the filing of a petition.
       ``(C) Reporting requirement.--If an alien with blue card 
     status ceases to be employed by an employer, such employer 
     shall immediately notify the Secretary of such cessation of 
     employment. The Secretary shall provide electronic means for 
     making such notification.
       ``(D) Loss of employment.--
       ``(i) An alien's blue card status shall terminate if the 
     alien is unemployed for 60 or more consecutive days.
       ``(ii) An alien whose period of authorized admission 
     terminates under clause (i) shall be required to return to 
     the country of the alien's nationality or last residence.
       ``(6) Grounds for ineligibility.--
       ``(A) Bar to future visas for condition violations.--Any 
     alien having blue card status shall not again be eligible for 
     the same blue card status if the alien violates any term or 
     condition of such status.
       ``(B) Aliens unlawfully present.--Any alien who enters the 
     United States after April 1, 2005, without being admitted or 
     paroled shall be ineligible for blue card status.
       ``(C) Aliens in h-2a status.--Any alien in lawful H-2A 
     status as of April 1, 2005, shall be ineligible for blue card 
     status.
       ``(7) Bar on change or adjustment of status.--
       ``(A) In general.--An alien having blue card status shall 
     not be eligible to change or adjust status in the United 
     States or obtain a different nonimmigrant or immigrant visa 
     from a United States Embassy or consulate.
       ``(B) Loss of eligibility.--An alien having blue card 
     status shall lose eligibility for such status if the alien--
       ``(i) files a petition to adjust status to legal permanent 
     residence in the United States; or
       ``(ii) requests a consular processing for an immigrant visa 
     outside the United States.
       ``(C) Exception.--An alien having blue card status may not 
     adjust status to legal permanent resident status or obtain 
     another nonimmigrant or immigrant status unless--
       ``(i)(I) the alien renounces his or her blue card status by 
     providing written notification to the Secretary of Homeland 
     Security or the Secretary of State; or
       ``(II) the alien's blue card status otherwise expires; and
       ``(ii) the alien has resided and been physically present in 
     the alien's country of nationality or last residence for not 
     less than 1 year after leaving the United States and the 
     renouncement or expiration of blue card status.
       ``(8) Judicial review.--There shall be no judicial review 
     of a denial of blue card status.
       ``(c) Safe Harbor.--
       ``(1) Safe harbor of alien.--An alien for whom a 
     nonfrivolous petition is filed under this section--
       ``(A) shall be granted employment authorization pending 
     final adjudication of the petition;
       ``(B) may not be detained, determined inadmissible or 
     deportable, or removed pending final adjudication of the 
     petition for change in status, unless the alien commits an 
     act which renders the alien ineligible for such change of 
     status; and
       ``(C) may not be considered an unauthorized alien as 
     defined in section 274A(h)(3) until such time as the petition 
     for status is adjudicated.
       ``(2) Safe harbor for employer.--An employer that files a 
     petition for blue card status for an alien shall not be 
     subject to civil and criminal tax liability relating directly 
     to the employment of such alien. An employer that provides 
     unauthorized aliens with copies of employment records or 
     other evidence of employment pursuant to the petition shall 
     not be subject to civil and criminal liability pursuant to 
     section 274A for employing such unauthorized aliens.
       ``(d) Treatment of Spouses and Children.--
       ``(1) Spouses.--A spouse of an alien having blue card 
     status shall not be eligible for derivative status by 
     accompanying or following to join the alien. Such a spouse 
     may obtain status based only on an independent petition filed 
     by an employer petitioning under subsection (b)(3) with 
     respect to the employment of the spouse.
       ``(2) Children.--A child of an alien having blue card 
     status shall not be eligible for the same temporary status 
     unless--
       ``(A) the child is accompanying or following to join the 
     alien; and
       ``(B) the alien is the sole custodial parent of the child 
     or both custodial parents of the child have obtained such 
     status.''.
       (b) Clerical Amendment.--The table of contents of the 
     Immigration and Nationality Act is amended by inserting after 
     the item relating to section 219 the following:

``Sec. 220 Blue card program.''.

     SEC. 722. PENALTIES FOR FALSE STATEMENTS.

       Section 1546 of title 18, United States Code, is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following:
       ``(c) Any person, including the alien who is the 
     beneficiary of a petition, who--
       ``(1) files a petition under section 220(b)(3) of the 
     Immigration and Nationality Act; and
       ``(2)(A) knowingly and willfully falsifies, conceals, or 
     covers up a material fact related to such a petition;
       ``(B) makes any false, fictitious, or fraudulent statements 
     or representations, or makes or uses any false writing or 
     document knowing the same to contain any false, fictitious, 
     or fraudulent statement or entry related to such a petition; 
     or
       ``(C) creates or supplies a false writing or document for 
     use in making such a petition,
     shall be fined in accordance with this title, imprisoned not 
     more than 5 years, or both.''.

[[Page S3952]]

     SEC. 723. SECURING THE BORDERS.

       Not later than 6 months after the date of enactment of this 
     Act, the Secretary of Homeland Security shall submit to 
     Congress a comprehensive plan for securing the borders of the 
     United States.

     SEC. 724. EFFECTIVE DATE.

       This subtitle shall take effect on the date that is 6 
     months after the date of enactment of this Act.
                                 ______
                                 
  SA 547. Mr. COCHRAN (for Mr. Bond) proposed an amendment to the bill 
H.R. 1268, Making emergency supplemental appropriations for the fiscal 
year ending September 30, 2005, to establish and rapidly implement 
regulations for State driver's license and identification document 
security standards, to prevent terrorists from abusing the asylum laws 
of the United States, to unify terrorism-related grounds for 
inadmissibility and removal, to ensure expeditious construction of the 
San Diego border fence, and for other purposes; as follows:

       Insert the following on page 203, after line 17:

 ``Office of Federal Housing Enterprise Oversight Salaries and Expenses


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for the ``Office of Federal 
     Housing Enterprise Oversight'' for carrying out the Federal 
     Housing Enterprises Financial Safety and Soundness Act of 
     1992, $5,000,000 to remain available until expended, to be 
     derived from the Federal Housing Enterprises Oversight Fund: 
     Provided, That not to exceed the amount provided herein shall 
     be available from the general fund of the Treasury to the 
     extent necessary to incur obligations and make expenditures 
     pending the receipt of collections to the Fund: Provided 
     further, That the general fund amount shall be reduced as 
     collections are received during the fiscal year so as to 
     result in a final appropriation from the general fund 
     estimated at not more than $0.''.
                                 ______
                                 
  SA 548. Mr. COCHRAN (for Mr. Leahy) proposed an amendment to the bill 
H.R. 1268, Making emergency supplemental appropriations for the fiscal 
year ending September 30, 2005, to establish and rapidly implement 
regulations for State driver's license and identification document 
security standards, to prevent terrorists from abusing the asylum laws 
of the United States, to unify terrorism-related grounds for 
inadmissibility and removal, to ensure expeditious construction of the 
San Diego border fence, and for other purposes; as follows:

       At the appropriate place in the bill, insert the following:

                      PROTECTION OF THE GALAPAGOS

       Sec. __. (a) Findings.--The Senate makes the following 
     findings--
       (1) The Galapagos Islands are a global treasure and World 
     Heritage Site, and the future of the Galapagos is in the 
     hands of the Government of Ecuador;
       (2) The world depends on the Government of Ecuador to 
     implement the necessary policies and programs to ensure the 
     long term protection of the biodiversity of the Galapagos, 
     including enforcing the Galapagos Special Law;
       (3) There are concerns with the current leadership of the 
     Galapagos National Park Service and that the biodiversity of 
     the Galapagos and the Marine Reserve are not being properly 
     managed or adequately protected; and
       (4) The Government of Ecuador has reportedly given 
     preliminary approval for commercial airplane flights to the 
     Island of Isabela, which may cause irreparable harm to the 
     biodiversity of the Galapagos, and has allowed the export of 
     fins from sharks caught accidentally in the Marine Reserve, 
     which encourages illegal fishing.
       (b) Whereas, now therefore, be it
       Resolved, that--
       (1) the Senate strongly encourages the Government of 
     Ecuador to--
       (A) refrain from taking any action that could cause harm to 
     the biodiversity of the Galapagos or encourage illegal 
     fishing in the Marine Reserve;
       (B) abide by the agreement to select the Directorship of 
     the Galapagos National Park Service though a transparent 
     process based on merit as previously agreed by the Government 
     of Ecuador, international donors, and nongovernmental 
     organizations; and
       (C) enforce the Galapagos Special Law in its entirety, 
     including the governance structure defined by the law to 
     ensure effective control of migration to the Galapagos and 
     sustainable fishing practices, and prohibit long-line fishing 
     which threatens the survival of shark and marine turtle 
     populations.
       (2) The Department of State should--
       (A) emphasize to the Government of Ecuador the importance 
     the United States gives to these issues; and
       (B) offer assistance to implement the necessary policies 
     and programs to ensure the long term protection of the 
     biodiversity of the Galapagos and the Marine Reserve and to 
     sustain the livelihoods of the Galapagos population who 
     depend on the marine ecosystem for survival.
                                 ______
                                 
  SA 549. Mr. BAUCUS submitted an amendment intended to be proposed to 
amendment SA 475 submitted by Mr. Craig (for himself, Mr. Baucus, Mr. 
Roberts, and Mr. Enzi) and intended to be proposed to the bill H.R. 
1268, making emergency supplemental appropriations for the fiscal year 
ending September 30, 2005, to establish and rapidly implement 
regulations for State driver's license and identification document 
security standards, to prevent terrorists from abusing the asylum laws 
of the United States, to unify terrorism-related grounds for 
inadmissibility and removal, to ensure expeditious construction of the 
San Diego border fence, and for other purposes; which was ordered to 
lie on the table; as follows:

       Strike all after ``Sec.'', and insert the following:

     6407. CLARIFICATION OF PAYMENT TERMS UNDER TRADE SANCTIONS 
                   REFORM AND EXPORT ENHANCEMENT ACT OF 2000.

       (a) In General.--Section 908(b)(1) of the Trade Sanctions 
     Reform and Export Enhancement Act of 2000 (22 U.S.C. 
     7207(b)(1)) is amended by inserting after subparagraph (B) 
     the following:
       ``(C) Notwithstanding any other provision of law, the term 
     `payment of cash in advance' means the payment by the 
     purchaser of an agricultural commodity or product and the 
     receipt of such payment by the seller prior to--
       ``(i) the transfer of title of such commodity or product to 
     the purchaser; and
       ``(ii) the release of control of such commodity or product 
     to the purchaser.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to sales of agricultural commodities made on or 
     after February 22, 2005.
                                 ______
                                 
  SA 550. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill H.R. 1268, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2005, to establish and rapidly 
implement regulations for State driver's license and identification 
document security standards, to prevent terrorists from abusing the 
asylum laws of the United States, to unify terrorism-related grounds 
for inadmissibility and removal, to ensure expeditious construction of 
the San Diego border fence, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 231, between lines 3 and 4, insert the following:
       Sec. 6047. (a) Not later than 30 days after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     determine whether there is enough evidence--
       (1) to determine the ownership of the subsurface mineral 
     rights described in subsection (b); and
       (2) to bring an action to quiet title with respect to the 
     ownership of the subsurface mineral rights described in that 
     subsection.
       (b) The subsurface mineral rights referred to in subsection 
     (a) are the subsurface mineral rights underlying 3588.34 
     acres of land in the Sabine National Wildlife Refuge 
     (referred to in this section as the ``Refuge'') originally 
     reserved by Stanolind Oil and Gas Company and described as 
     tract 5c in a Judgment of Taking dated December 14, 1937, as 
     recorded in the records of Cameron Parish, Louisiana.
       (c) If the Secretary of the Interior determines that 
     sufficient evidence exists under subsection (a), not later 
     than 30 days after the date of the determination, the 
     Secretary shall bring an action in the United States District 
     Court for the State of Louisiana to resolve the title issue.
       (d) Notwithstanding section 137 of Public Law 98-151 (97 
     Stat. 981) and section 3101.5-1 of title 43, Code of Federal 
     Regulations (or a successor regulation), if the action 
     brought under subsection (c) is resolved in favor of the 
     United States, the Secretary of the Interior shall make 
     available for leasing at the first Bureau of Land Management-
     Eastern States lease sale occurring after the date of 
     enactment of this Act the subsurface mineral rights described 
     in subsection (b).
       (e) Any lease sale that takes place under subsection (d) 
     and any exploration, development, or production of the 
     subsurface mineral rights under a lease issued under that 
     subsection shall be carried out in accordance with applicable 
     regulations of the Department of the Interior, including 
     regulations relating to a binding oral bid.
       (f)(1) Any exploration, development, or production from a 
     lease issued under subsection (d) shall be from an area 
     outside the Refuge.
       (2) No exploration or production activities shall be 
     conducted on the surface of the Refuge.
                                 ______
                                 
  SA 551. Mr. DeWINE submitted an amendment intended to be proposed to 
amendment SA 439 submitted by Mr. Craig (for himself and Mr. Akaka) and 
intended to be proposed to the bill H.R. 1268, making emergency 
supplemental appropriations for the fiscal year ending September 30, 
2005, to establish and

[[Page S3953]]

rapidly implement regulations for State driver's license and 
identification document security standards, to prevent terrorists from 
abusing the asylum laws of the United States, to unify terrorism-
related grounds for inadmissibility and removal, to ensure expeditious 
construction of the San Diego border fence, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 10, line 3, strike ``(c)'' and insert the 
     following:
       (c) Retroactive Provision.--
       (1) In general.--Any member who experienced a traumatic 
     injury (as described in section 1980A(b)(1) of title 38, 
     United States Code) between October 7, 2001, and the 
     effective date under subsection (d), is eligible for coverage 
     provided in such section 1980A if the qualifying loss was a 
     direct result of injuries incurred in Operation Enduring 
     Freedom or Operation Iraqi Freedom.
       (2) Certification; payment.--The Secretary of Defense 
     shall--
       (A) certify to the Office of Servicemembers' Group Life 
     Insurance the names and addresses of those members the 
     Secretary of Defense determines to be eligible for 
     retroactive traumatic injury benefits under such section 
     1980A; and
       (B) forward to the Secretary of Veterans Affairs, at the 
     time the certification is made under subparagraph (A), an 
     amount of money equal to the amount the Secretary of Defense 
     determines to be necessary to pay all cost related to claims 
     for retroactive benefits under such section 1980A.
       (d)
                                 ______
                                 
  SA 552. Mr. BAUCUS submitted an amendment intended to be proposed to 
amendment SA 475 submitted by Mr. Craig (for himself, Mr. Baucus, Mr. 
Roberts, and Mr. Enzi) and intended to be proposed to the bill H.R. 
1268, making emergency supplemental appropriations for the fiscal year 
ending September 30, 2005, to establish and rapidly implement 
regulations for State driver's license and identification document 
security standards, to prevent terrorists from abusing the asylum laws 
of the United States, to unify terrorism-related grounds for 
inadmissibility and removal, to ensure expeditious construction of the 
San Diego border fence, and for other purposes; which was ordered to 
lie on the table; as follows:

       In the matter proposed to be inserted--
       (1) strike subsections (b) and (c), and
       (2)At the end, add the following:
       (b) Effective Date.--The amendment made by this section 
     applies to sales of agricultural commodities made on or after 
     October 28, 2000.
                                 ______
                                 
  SA 553. Mr. WYDEN submitted an amendment intended to be proposed to 
amendment SA 376 submitted by Mr. Wyden (for himself, Mr. Smith, and 
Mrs. Murray) and intended to be proposed to the bill H.R. 1268, making 
emergency supplemental appropriations for the fiscal year ending 
September 30, 2005, to establish and rapidly implement regulations for 
State driver's license and identification document security standards, 
to prevent terrorists from abusing the asylum laws of the United 
States, to unify terrorism-related grounds for inadmissibility and 
removal, to ensure expeditious construction of the San Diego border 
fence, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 2, strike lines 1 through 11 and insert the 
     following:

                      DEPARTMENT OF DEFENSE--CIVIL


                       OPERATIONS AND MAINTENANCE

       (a) For an additional amount for the Secretary of the Army, 
     acting through the Chief of Engineers, for emergency repair 
     of the Fern Ridge Dam, Oregon, $31,000,000, to remain 
     available until expended: Provided, That the amounts provided 
     under this heading are designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).
       (b) For an additional amount for the Secretary of the Army, 
     acting through the Chief of Engineers, for emergency work on 
     the Los Angeles-Long Beach Harbor, Mojave River Dam, Port San 
     Luis, and Santa Barbara Harbor, $7,500,000, to remain 
     available until expended: Provided, That the amounts provided 
     under this heading are designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).
       (c) For an additional amount for the Secretary of the Army, 
     acting through the Chief of Engineers, for emergency 
     construction at Lower Santa Ana River Reaches 1 and 2 of the 
     Santa Ana River Project, Prado Dam of the Santa Ana River 
     Project, San Timoteo of the Santa Ana River Project, Murrieta 
     Creek, and Santa Paula Creek, $12,500,000, to remain 
     available until expended: Provided, That the amounts provided 
     under this heading are designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).
       (d) The project for navigation, Los Angeles Harbor, 
     California, authorized by section 101(b)(5) of the Water 
     Resources Development Act of 2000 (114 Stat. 2577) is 
     modified to authorize the Secretary of the Army to carry out 
     the project at a total cost of $222,000,000.
       (e) The Secretary of the Army, acting through the Chief of 
     Engineers, shall use any funds appropriated to the Secretary 
     pursuant to this Act to repair, restore, and maintain 
     projects and facilities of the Corps of Engineers, including 
     by dredging navigation channels, cleaning area streams, 
     providing emergency streambank protection, restoring such 
     public infrastructure as the Secretary determines to be 
     necessary (including sewer and water facilities), conducting 
     studies of the impacts of floods, and providing such flood 
     relief as the Secretary determines to be appropriate: 
     Provided, That of those funds, $32,000,000 shall be used by 
     the Secretary for the Upper Peninsula, Michigan.
                                 ______
                                 
  SA 554. Mr. WYDEN submitted an amendment intended to be proposed to 
amendment SA 376 submitted by Mr. Wyden (for himself, Mr. Smith, and 
Mrs. Murray) and intended to be proposed to the bill H.R. 1268, making 
emergency supplemental appropriations for the fiscal year ending 
September 30, 2005, to establish and rapidly implement regulations for 
State driver's license and identification document security standards, 
to prevent terrorists from abusing the asylum laws of the United 
States, to unify terrorism-related grounds for inadmissibility and 
removal, to ensure expeditious construction of the San Diego border 
fence, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 2, strike lines 1 through 11 and insert the 
     following:

                      DEPARTMENT OF DEFENSE--CIVIL


                           CORPS OF ENGINEERS

       (a) For an additional amount for the Secretary of the Army, 
     acting through the Chief of Engineers, for general 
     construction, $13,000,000, to remain available until 
     expended: Provided, That the amounts provided under this 
     heading are designated as an emergency requirement pursuant 
     to section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).
       (b) For an additional amount for the Secretary of the Army, 
     acting through the Chief of Engineers, for operations and 
     maintenance, $163,000,000, to remain available until 
     expended: Provided, That the amounts provided under this 
     heading are designated as an emergency requirement pursuant 
     to section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).
       (c) For an additional amount for the Secretary of the Army, 
     acting through the Chief of Engineers, for the Mississippi 
     River and its tributaries, $15,000,000, to remain available 
     until expended: Provided, That the amounts provided under 
     this heading are designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).
                                 ______
                                 
  SA 555. Mr. KYL submitted an amendment intended to be proposed to 
amendment SA 387 proposed by Ms. Mikulski (for herself, Mr. Allen, Mr. 
Leahy, Mr. Corzine, Mr. Warner, Mr. Jeffords, Mr. Sarbanes, Mr. Dayton, 
Mr. Kennedy, Ms. Landrieu, Mr. Reed, Mr. Lautenberg, Mr. Feingold, Mr. 
Dorgan, Mr. Kerry, Mr. Conrad, Mr. Thomas, Mr. Stevens, Mr. DeWine, Mr. 
Coleman, Ms. Snowe, and Ms. Collins) to the bill H.R. 1268, making 
emergency supplemental appropriations for the fiscal year ending 
September 30, 2005, to establish and rapidly implement regulations for 
State driver's license and identification document security standards, 
to prevent terrorists from abusing the asylum laws of the United 
States, to unify terrorism-related grounds for inadmissibility and 
removal, to ensure expeditious construction of the San Diego border 
fence, and for other purposes; as follows:

       On page 2, strike lines 5 through 11, and insert the 
     following:
       ``(9)(A) Subject to subparagraphs (B) and (C), an alien 
     counted toward the numerical limitations of paragraph (1)(B) 
     during any 1 of the 3 fiscal years prior to the submission of 
     a petition for a nonimmigrant worker described in section 
     101(a)(15)(H)(ii)(b) may not be counted toward such 
     limitation for the fiscal year in which the petition is 
     approved.
       ``(B) A petition referred to in subparagraph (A) shall 
     include, with respect to an alien--
       ``(i) the full name of the alien; and
       ``(ii) a certification to the Department of Homeland 
     Security that the alien is a returning worker.
       ``(C) An H-2B visa for a returning worker shall be approved 
     only if the name of the individual on the petition is 
     confirmed by--
       ``(i) the Department of State; or

[[Page S3954]]

       ``(ii) if the alien is visa exempt, the Department of 
     Homeland Security.''.
                                 ______
                                 
  SA 556. Mr. STEVENS submitted an amendment intended to be proposed by 
him to the bill H.R. 1268, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2005, to establish and rapidly 
implement regulations for State driver's license and identification 
document security standards, to prevent terrorists from abusing the 
asylum laws of the United States, to unify terrorism-related grounds 
for inadmissibility and removal, to ensure expeditious construction of 
the San Diego border fence, and for other purposes; which was ordered 
to lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:
       (e) Requirements Regarding Elections of Members To Reduce 
     or Decline Insurance.--Section 1967(a) of such title is 
     further amended--
       (1) in paragraph (2), by adding at the end the following 
     new subparagraph:
       ``(C) Pursuant to regulations prescribed by the Secretary 
     of Defense, notice of an election of a member not to be 
     insured under this subchapter, or to be insured under this 
     subchapter in an amount less than the maximum amount provided 
     under paragraph (3)(A)(i)(I), shall be provided to the spouse 
     of the member.''; and
       (2) in paragraph (3)--
       (A) in the matter preceding clause (i), by striking ``and 
     (C)'' and inserting ``, (C), and (D)''; and
       (B) by adding at the end the following new subparagraph:
       ``(D) A member with a spouse may not elect not to be 
     insured under this subchapter, or to be insured under this 
     subchapter in an amount less than the maximum amount provided 
     under subparagraph (A)(i)(I), without the written consent of 
     the spouse.''.
       (f) Requirement Regarding Redesignation of Beneficiaries.--
     Section 1970 of such title is amended by adding at the end 
     the following new subsection:
       ``(j) A member with a spouse may not modify the beneficiary 
     or beneficiaries designated by the member under subsection 
     (a) without providing written notice of such modification to 
     the spouse.''.
                                 ______
                                 
  SA 557. Ms. SNOWE submitted an amendment intended to be proposed to 
amendment SA 530 submitted by Mr. Domenici and intended to be proposed 
to the bill H.R. 1268, making emergency supplemental appropriations for 
the fiscal year ending September 30, 2005, to establish and rapidly 
implement regulations for State driver's license and identification 
document security standards, to prevent terrorists from abusing the 
asylum laws of the United States, to unify terrorism-related grounds 
for inadmissibility and removal, to ensure expeditious construction of 
the San Diego border fence, and for other purposes; which was ordered 
to lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:
       Sec. 6023. (a) Not later than January 31, 2006, the 
     Comptroller General of the United States and the Chief 
     Counsel for Advocacy of the Small Business Administration 
     shall each conduct a study, in consultation with each other 
     and with the Administrator of the Small Business 
     Administration and the Secretary of Energy, regarding the 
     feasibility of--
       (1) changing the management and operating contracts and 
     other similar facilities management contracts between the 
     Department of Energy and its prime contractors, which are 
     other than small business concerns, for the purpose of 
     rendering such prime contractors agents of the Department of 
     Energy in accordance with the standards established in U.S. 
     West Communications Services, Inc. v. United States, 940 F.2d 
     622 (Fed. Cir. 1991) and related judicial precedent;
       (2) instituting adequate policies, regulations, procedures, 
     and practices to ensure that prime contractors, which are 
     other than small business concerns and which have entered 
     into the management and operating contracts and other similar 
     facilities management contracts with the Department of 
     Energy, treat small businesses seeking to do business with 
     the Department of Energy through such prime contractors 
     according to the ``federal norm'', as recognized by the 
     Comptroller General of the United States;
       (3) recognizing subcontracts awarded by the prime 
     contractors, which have entered into the management and 
     operating contracts and other similar facilities management 
     contracts proposed to be changed based on the findings under 
     paragraph (1), as prime contracts for all purposes;
       (4) instituting policies, regulations, procedures, and 
     practices adequate to ensure that small business contracts 
     awarded by the prime contractors acting as agents for the 
     Department of Energy under the standards described in 
     paragraphs (1) and (2) are treated as Federal prime contracts 
     for all purposes; and
       (5) ensuring that the Department of Energy's prime 
     contractors can simultaneously continue to award, and small 
     businesses can simultaneously continue to receive, 
     subcontracts not subject to treatment or recognition as prime 
     contracts.
       (b) The Comptroller General of the United States and the 
     Chief Counsel for Advocacy of the Small Business 
     Administration, in conducting their respective studies under 
     subsection (a) shall consider the impact of--
       (1) the changes studied on accountability, integrity, 
     competition, and sound management practices at the Department 
     of Energy and its facilities managed by prime contractors; 
     and
       (2) the agency relationship between the Department of 
     Energy and some of its prime contractors on the ability of 
     small businesses to compete for government business.
       (c) The Comptroller General and the Chief Counsel for 
     Advocacy of the Small Business Administration shall 
     separately report their findings to--
       (1) the Committee on Energy and Natural Resources, the 
     Committee on Homeland Security and Governmental Affairs, and 
     the Committee on Small Business and Entrepreneurship of the 
     Senate; and
       (2) the Committee on Energy and Commerce, the Committee on 
     Government Reform, and the Committee on Small Business of the 
     House of representatives.
       (d) The Secretary of Energy may, until January 31, 2006--
       (1) make changes to contracts, including the management and 
     operating contracts and other similar facilities management 
     contracts between the Department of Energy and its prime 
     contractors, which are other than small business concerns, 
     consistent with those changes being studied under subsection 
     (a); and
       (2) implement policies, regulations, procedures, and 
     practices consistent with those being studied under 
     subsection (a).
                                 ______
                                 
  SA 558. Ms. SNOWE submitted an amendment intended to be proposed to 
amendment SA 529 submitted by Mr. Domenici and intended to be proposed 
to the bill H.R. 1268, making emergency supplemental appropriations for 
the fiscal year ending September 30, 2005, to establish and rapidly 
implement regulations for State driver's license and identification 
document security standards, to prevent terrorists from abusing the 
asylum laws of the United States, to unify terrorism-related grounds 
for inadmissibility and removal, to ensure expeditious construction of 
the San Diego border fence, and for other purposes; which was ordered 
to lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:
       Sec. 6023. (a) Not later than January 31, 2006, the 
     Comptroller General of the United States and the Chief 
     Counsel for Advocacy of the Small Business Administration 
     shall each conduct a study, in consultation with each other 
     and with the Administrator of the Small Business 
     Administration and the Secretary of Energy, regarding the 
     feasibility of--
       (1) changing the management and operating contracts and 
     other similar facilities management contracts between the 
     Department of Energy and its prime contractors, which are 
     other than small business concerns, for the purpose of 
     rendering such prime contractors agents of the Department of 
     Energy in accordance with the standards established in U.S. 
     West Communications Services, Inc. v. United States, 940 F.2d 
     622 (Fed. Cir. 1991) and related judicial precedent;
       (2) instituting adequate policies, regulations, procedures, 
     and practices to ensure that prime contractors, which are 
     other than small business concerns and which have entered 
     into the management and operating contracts and other similar 
     facilities management contracts with the Department of 
     Energy, treat small businesses seeking to do business with 
     the Department of Energy through such prime contractors 
     according to the ``federal norm'', as recognized by the 
     Comptroller General of the United States;
       (3) recognizing subcontracts awarded by the prime 
     contractors, which have entered into the management and 
     operating contracts and other similar facilities management 
     contracts proposed to be changed based on the findings under 
     paragraph (1), as prime contracts for all purposes;
       (4) instituting policies, regulations, procedures, and 
     practices adequate to ensure that small business contracts 
     awarded by the prime contractors acting as agents for the 
     Department of Energy under the standards described in 
     paragraphs (1) and (2) are treated as Federal prime contracts 
     for all purposes; and
       (5) ensuring that the Department of Energy's prime 
     contractors can simultaneously continue to award, and small 
     businesses can simultaneously continue to receive, 
     subcontracts not subject to treatment or recognition as prime 
     contracts.
       (b) The Comptroller General of the United States and the 
     Chief Counsel for Advocacy of the Small Business 
     Administration, in conducting their respective studies under 
     subsection (a) shall consider the impact of--

[[Page S3955]]

       (1) the changes studied on accountability, integrity, 
     competition, and sound management practices at the Department 
     of Energy and its facilities managed by prime contractors; 
     and
       (2) the agency relationship between the Department of 
     Energy and some of its prime contractors on the ability of 
     small businesses to compete for government business.
       (c) The Comptroller General and the Chief Counsel for 
     Advocacy of the Small Business Administration shall 
     separately report their findings to--
       (1) the Committee on Energy and Natural Resources, the 
     Committee on Homeland Security and Governmental Affairs, and 
     the Committee on Small Business and Entrepreneurship of the 
     Senate; and
       (2) the Committee on Energy and Commerce, the Committee on 
     Government Reform, and the Committee on Small Business of the 
     House of representatives.
       (d) The Secretary of Energy may, until January 31, 2006--
       (1) make changes to contracts, including the management and 
     operating contracts and other similar facilities management 
     contracts between the Department of Energy and its prime 
     contractors, which are other than small business concerns, 
     consistent with those changes being studied under subsection 
     (a); and
       (2) implement policies, regulations, procedures, and 
     practices consistent with those being studied under 
     subsection (a).
                                 ______
                                 
  SA 559. Mr. ROBERTS submitted an amendment intended to be proposed to 
amendment SA 437 submitted by Mr. Rockefeller and intended to be 
proposed to the bill H.R. 1268, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2005, to 
establish and rapidly implement regulations for State driver's license 
and identification document security standards, to prevent terrorists 
from abusing the asylum laws of the United States, to unify terrorism-
related grounds for inadmissibility and removal, to ensure expeditious 
construction of the San Diego border fence, and for other purposes; 
which was ordered to lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:


                            sense of senate

       Sec. __. (a) Findings.--The Senate makes the following 
     findings:
       (1) On September 11, 2001, terrorists hijacked and 
     destroyed four civilian aircraft, crashing two of them into 
     the towers of the World Trade Center in New York, New York, 
     and a third into the Pentagon outside Washington, District of 
     Columbia.
       (2) The valor of the passengers and crew on the fourth 
     aircraft prevented it from also being used as a weapon 
     against the United States.
       (3) The September 11, 2001, attacks stand as the deadliest 
     terrorist attacks ever perpetrated against the United States.
       (4) By targeting symbols of American strength and success, 
     the attacks clearly were intended to assail the principles, 
     values, and freedoms of the United States and the American 
     people, to intimidate the Nation, and to weaken the national 
     resolve.
       (5) On September 14, 2001, Congress, in Public Law 107-40, 
     authorized the use of ``all necessary and appropriate force'' 
     against those responsible for the terrorist attacks.
       (6) The Armed Forces subsequently moved swiftly against Al 
     Qaeda and the Taliban regime in Afghanistan, whom the 
     President and Congress had identified as enemies of the 
     United States.
       (7) In doing so, brave servicemembers and intelligence 
     officers left family and friends in order to defend the 
     Nation.
       (8) More than three years later, many servicemembers and 
     intelligence officers remain abroad, shielding the Nation 
     from further terrorist attacks.
       (9) Terrorists continue to attack United States 
     servicemembers and continue to plan attacks against the 
     United States and its interests.
       (10) Terrorists continue to target civilians and military 
     personnel alike through such insidious and cowardly methods 
     as kidnappings and bombings.
       (11) Intelligence information derived from the 
     interrogation of captured terrorists is essential to the 
     protection of servicemembers deployed around world, to the 
     protection of the homeland, and to the protection of United 
     States interests.
       (12) It is the policy of the President and Congress that 
     the interrogation of terrorists conform to the Constitution, 
     laws, and treaty obligations of the United States.
       (13) In those rare instances in which individuals have been 
     alleged to have violated the Constitution, laws, or treaty 
     obligations of the United States during the course of an 
     interrogation, the departments and agencies of the United 
     States Government, and the inspectors general of each 
     department or agency concerned, have investigated allegations 
     of such violations.
       (14) In the few cases in which officers of the United 
     States intelligence community are determined to have actually 
     violated the Constitution, laws, or treaty obligations of the 
     United States, such officers have been, or should be, 
     punished.
       (15) The Select Committee on Intelligence of the Senate was 
     established, among other things, to provide vigorous 
     legislative oversight of the intelligence activities of the 
     United States in order to assure that such activities conform 
     to the Constitution, laws, and treaty obligations of the 
     United States.
       (16) The Select Committee on Intelligence of the Senate was 
     deliberately structured with a unified staff under the joint 
     supervision of the Chairman and the Vice Chairman of the 
     Select Committee through a single staff director in order to 
     avoid, to the maximum extent possible, the politicization of 
     oversight of the intelligence activities of the United 
     States. Because of its unique structure and rules, as 
     currently written, the Select Committee is ideally suited to 
     continue oversight of United States interrogation, detention, 
     and rendition operations.
       (17) The Chairman and Vice Chairman of the Select Committee 
     on Intelligence of the Senate have directed the staff of the 
     Select Committee to continue to exercise the oversight 
     authority of the Select Committee to ensure that intelligence 
     activities of the United States relating to the detention, 
     interrogation, and rendition of terrorists conform to the 
     Constitution, laws, and treaty obligations of the United 
     States.
       (18) As part of its ongoing review, the staff of the Select 
     Committee on Intelligence of the Senate have interviewed 
     individuals and reviewed documents relating to the detention, 
     interrogation, and rendition of terrorists, and have 
     inspected United States detention and interrogation 
     operations and facilities in Guantanamo Bay, Cuba.
       (19) The staff of the Select Committee on Intelligence of 
     the Senate continue to interview individuals, receive 
     information, and review documents relating to the detention, 
     interrogation, and rendition of terrorists.
       (b) Sense of Senate.--It is the sense of the Senate--
       (1) to recognize that terrorists continue to seek to attack 
     the United States at home and the interests of the United 
     States abroad;
       (2) to stand with the people of the United States in great 
     debt to the members of the Armed Forces and officers of the 
     United States intelligence community serving at home and 
     abroad;
       (3) to remain resolved to pursue all those responsible for 
     the terrorist attacks of September 11, 2001, and their 
     sponsors, until they are discovered and punished; and
       (4) to reaffirm that Congress will--
       (A) honor the memory of those who lost their lives as a 
     result of the September 11, 2001, terrorist attacks; and
       (B) bravely defend the citizens of the United States in the 
     face of all future challenges.
                                 ______
                                 
  SA 560. Mr. COCHRAN (for Mr. Shelby (for himself, Mr. Kennedy, Mr. 
Durbin, and Mr. Obama)) proposed an amendment to the bill H.R. 1268, 
making emergency supplemental appropriations for the fiscal year ending 
September 30, 2005, to establish and rapidly implement regulations for 
State driver's license and identification document security standards, 
to prevent terrorists from abusing the asylum laws of the United 
States, to unify terrorism-related grounds for inadmissibility and 
removal, to ensure expeditious construction of the San Diego border 
fence, and for other purposes; as follows:

       On page 184, line 16, after ``$11,935,000,'', insert ``for 
     increased judicial security outside of courthouse facilities, 
     including priority consideration of home intrusion detection 
     systems in the homes of federal judges,''.
                                 ______
                                 
  SA 561. Mr. COCHRAN (for Mr. Reid) proposed an amendment to the bill 
H.R. 1268, making emergency supplemental appropriations for the fiscal 
year ending September 30, 2005, to establish and rapidly implement 
regulations for State driver's license and identification document 
security standards, to prevent terrorists from abusing the asylum laws 
of the United States, to unify terrorism-related grounds for 
inadmissibility and removal, to ensure expeditious construction of the 
San Diego border fence, and for other purposes; as follows:

       In section 6017(b)(1)(A), insert ``appurtenant to the 
     land'' after ``water''.
                                 ______
                                 
  SA 562. Mr. COCHRAN (for Mr. Reid) proposed an amendment to the bill 
H.R. 1268, making emergency supplemental appropriations for the fiscal 
year ending September 30, 2005, to establish and rapidly implement 
regulations for State driver's license and identification document 
security standards, to prevent terrorists from abusing the asylum laws 
of the United States, to unify terrorism-related grounds for 
inadmissibility and removal, to ensure expeditious construction of the 
San Diego border fence, and for other purposes; as follows:

       In section 6017(c)(2), strike subparagraphs (A) and (B) and 
     insert the following:
       (A) acquired only from willing sellers;
       (B) designed to maximize water conveyances to Walker Lake; 
     and

[[Page S3956]]

       (C) located only within the Walker River Paiute Indian 
     Reservation.

                          ____________________