[Congressional Record Volume 152, Number 118 (Wednesday, September 20, 2006)]
[Senate]
[Pages S9792-S9820]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 5021. Mrs. FEINSTEIN (for herself and Mr. Craig) submitted an 
amendment intended to be proposed by her to the bill H.R. 6061, to 
establish operational control over the international land and maritime 
borders of the United States; which was ordered to lie on the table; as 
follows:

       On page 7, after line 10, insert the following:

    TITLE II--AGRICULTURAL JOB OPPORTUNITIES, BENEFITS, AND SECURITY

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Agricultural Job 
     Opportunities, Benefits, and Security Act of 2006'' or the 
     ``AgJOBS Act of 2006''.

     SEC. 202. DEFINITIONS.

       In this title:
       (1) Agricultural employment.--The term ``agricultural 
     employment'' 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 (26 U.S.C. 3121(g)). For purposes of this paragraph, 
     agricultural employment includes employment under section 
     101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(15)(H)(ii)(a)).
       (2) Blue card status.--The term ``blue card status'' means 
     the status of an alien who has been lawfully admitted into 
     the United States for temporary residence under section 
     211(a).
       (3) Department.--The term ``Department'' means the 
     Department of Homeland Security.
       (4) Employer.--The term ``employer'' means any person or 
     entity, including any farm labor contractor and any 
     agricultural association, that employs workers in 
     agricultural employment.
       (5) Job opportunity.--The term ``job opportunity'' means a 
     job opening for temporary full-time employment at a place in 
     the United States to which United States workers can be 
     referred.
       (6) Secretary.--Except as otherwise provided, the term 
     ``Secretary'' means the Secretary of Homeland Security.
       (7) Temporary.--A worker is employed on a ``temporary'' 
     basis where the employment is intended not to exceed 10 
     months.
       (8) 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, who is authorized to work in the job 
     opportunity within the United States, except an alien 
     admitted or otherwise provided status under section 
     101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(15)(H)(ii)(a)).
       (9) Work day.--The term ``work day'' means any day in which 
     the individual is employed 5.75 or more hours in agricultural 
     employment.

Subtitle A--PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL 
                                WORKERS

     SEC. 211. AGRICULTURAL WORKERS.

       (a) Blue Card Program.--
       (1) In general.--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 performed agricultural employment in the United 
     States for at least 863 hours or 150 work days during the 24-
     month period ending on December 31, 2005;
       (B) applied for such status during the 18-month application 
     period beginning on the first day of the seventh month that 
     begins after the date of enactment of this Act;
       (C) is otherwise admissible to the United States under 
     section 212 of the Immigration and Nationality Act (8 U.S.C. 
     1182), except as otherwise provided under subsection (e)(2); 
     and
       (D) has not been convicted of any felony or a misdemeanor, 
     an element of which involves bodily injury, threat of serious 
     bodily injury, or harm to property in excess of $500.
       (2) Authorized travel.--An alien in blue card status has 
     the right to travel abroad (including commutation from a 
     residence abroad) in the same manner as an alien lawfully 
     admitted for permanent residence.
       (3) Authorized employment.--An alien in blue card status 
     shall be provided an ``employment authorized'' endorsement or 
     other appropriate work permit, in the same manner as an alien 
     lawfully admitted for permanent residence.
       (4) Termination of blue card status.--
       (A) In general.--The Secretary may terminate blue card 
     status granted under this subsection only upon a 
     determination under this title that the alien is deportable.
       (B) Grounds for termination of blue card status.--Before 
     any alien becomes eligible for adjustment of status under 
     subsection (c), the Secretary may deny adjustment to 
     permanent resident status and provide for termination of the 
     blue card status granted such alien under paragraph (1) if--
       (i) the Secretary finds, by a preponderance of the 
     evidence, that the adjustment to blue card status was the 
     result of fraud or willful misrepresentation (as described in 
     section 212(a)(6)(C)(i) of the Immigration and Nationality 
     Act (8 U.S.C. 1182(a)(6)(C)(i)); or
       (ii) the alien--

       (I) commits an act that makes the alien inadmissible to the 
     United States as an immigrant, except as provided under 
     subsection (e)(2);
       (II) is convicted of a felony or 3 or more misdemeanors 
     committed in the United States;
       (III) is convicted of an offense, an element of which 
     involves bodily injury, threat of serious bodily injury, or 
     harm to property in excess of $500; or
       (IV) fails to perform the agricultural employment required 
     under subsection (c)(1)(A)(i) unless the alien was unable to 
     work in agricultural employment due to the extraordinary 
     circumstances described in subsection (c)(1)(A)(iii).

       (5) Record of employment.--

[[Page S9793]]

       (A) In general.--Each employer of a worker granted status 
     under this subsection shall annually--
       (i) provide a written record of employment to the alien; 
     and
       (ii) provide a copy of such record to the Secretary.
       (B) Sunset.--The obligation under subparagraph (A) shall 
     terminate on the date that is 6 years after the date of the 
     enactment of this Act.
       (6) Required features of blue card.--The Secretary shall 
     provide each alien granted blue card status and the spouse 
     and children of each such alien residing in the United States 
     with a card that contains--
       (A) an encrypted, machine-readable, electronic 
     identification strip that is unique to the alien to whom the 
     card is issued;
       (B) biometric identifiers, including fingerprints and a 
     digital photograph; and
       (C) physical security features designed to prevent 
     tampering, counterfeiting, or duplication of the card for 
     fraudulent purposes.
       (7) Fine.--An alien granted blue card status shall pay a 
     fine to the Secretary in an amount equal to $100.
       (8) Maximum number.--The Secretary may issue not more than 
     1,500,000 blue cards during the 5-year period beginning on 
     the date of the enactment of this Act.
       (b) Rights of Aliens Granted Blue Card Status.--
       (1) In general.--Except as otherwise provided under this 
     subsection, an alien in blue card status shall be considered 
     to be an alien lawfully admitted for permanent residence for 
     purposes of any law other than any provision of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (2) Delayed eligibility for certain federal public 
     benefits.--An alien in blue card status shall not be 
     eligible, by reason of such status, for any form of 
     assistance or benefit described in section 403(a) of the 
     Personal Responsibility and Work Opportunity Reconciliation 
     Act of 1996 (8 U.S.C. 1613(a)) until 5 years after the date 
     on which the alien is granted permanent resident status under 
     subsection (c).
       (3) Terms of employment respecting aliens admitted under 
     this section.--
       (A) Prohibition.--No alien granted blue card status may be 
     terminated from employment by any employer during the period 
     of blue card status except for just cause.
       (B) Treatment of complaints.--
       (i) Establishment of process.--The Secretary shall 
     establish a process for the receipt, initial review, and 
     disposition of complaints by aliens granted blue card status 
     who allege that they have been terminated without just cause. 
     No proceeding shall be conducted under this subparagraph with 
     respect to a termination unless the Secretary determines that 
     the complaint was filed not later than 6 months after the 
     date of the termination.
       (ii) Initiation of arbitration.--If the Secretary finds 
     that a complaint has been filed in accordance with clause (i) 
     and there is reasonable cause to believe that the complainant 
     was terminated without just cause, the Secretary shall 
     initiate binding arbitration proceedings by requesting the 
     Federal Mediation and Conciliation Service to appoint a 
     mutually agreeable arbitrator from the roster of arbitrators 
     maintained by such Service for the geographical area in which 
     the employer is located. The procedures and rules of such 
     Service shall be applicable to the selection of such 
     arbitrator and to such arbitration proceedings. The Secretary 
     shall pay the fee and expenses of the arbitrator, subject to 
     the availability of appropriations for such purpose.
       (iii) Arbitration proceedings.--The arbitrator shall 
     conduct the proceeding in accordance with the policies and 
     procedures promulgated by the American Arbitration 
     Association applicable to private arbitration of employment 
     disputes. The arbitrator shall make findings respecting 
     whether the termination was for just cause. The arbitrator 
     may not find that the termination was for just cause unless 
     the employer so demonstrates by a preponderance of the 
     evidence. If the arbitrator finds that the termination was 
     not for just cause, the arbitrator shall make a specific 
     finding of the number of days or hours of work lost by the 
     employee as a result of the termination. The arbitrator shall 
     have no authority to order any other remedy, including 
     reinstatement, back pay, or front pay to the affected 
     employee. Within 30 days from the conclusion of the 
     arbitration proceeding, the arbitrator shall transmit the 
     findings in the form of a written opinion to the parties to 
     the arbitration and the Secretary. Such findings shall be 
     final and conclusive, and no official or court of the United 
     States shall have the power or jurisdiction to review any 
     such findings.
       (iv) Effect of arbitration findings.--If the Secretary 
     receives a finding of an arbitrator that an employer has 
     terminated an alien granted blue card status without just 
     cause, the Secretary shall credit the alien for the number of 
     days or hours of work lost for purposes of the requirement of 
     subsection (c)(1).
       (v) Treatment of attorney's fees.--The parties shall bear 
     the cost of their own attorney's fees involved in the 
     litigation of the complaint.
       (vi) Nonexclusive remedy.--The complaint process provided 
     for in this subparagraph is in addition to any other rights 
     an employee may have in accordance with applicable law.
       (vii) Effect on other actions or proceedings.--Any finding 
     of fact or law, judgment, conclusion, or final order made by 
     an arbitrator in the proceeding before the Secretary shall 
     not be conclusive or binding in any separate or subsequent 
     action or proceeding between the employee and the employee's 
     current or prior employer brought before an arbitrator, 
     administrative agency, court, or judge of any State or the 
     United States, regardless of whether the prior action was 
     between the same or related parties or involved the same 
     facts, except that the arbitrator's specific finding of the 
     number of days or hours of work lost by the employee as a 
     result of the employment termination may be referred to the 
     Secretary pursuant to clause (iv).
       (C) Civil penalties.--
       (i) In general.--If the Secretary finds, after notice and 
     opportunity for a hearing, that an employer of an alien 
     granted blue card status has failed to provide the record of 
     employment required under subsection (a)(5) or has provided a 
     false statement of material fact in such a record, the 
     employer shall be subject to a civil money penalty in an 
     amount not to exceed $1,000 per violation.
       (ii) Limitation.--The penalty applicable under clause (i) 
     for failure to provide records shall not apply unless the 
     alien has provided the employer with evidence of employment 
     authorization granted under this section.
       (c) Adjustment to Permanent Residence.--
       (1) Agricultural workers.--
       (A) In general.--Except as provided in subparagraph (B), 
     the Secretary shall adjust the status of an alien granted 
     blue card status to that of an alien lawfully admitted for 
     permanent residence if the Secretary determines that the 
     following requirements are satisfied:
       (i) Qualifying employment.--

       (I) In general.--Subject to subclause (II), the alien has 
     performed at least--

       (aa) 5 years of agricultural employment in the United 
     States for at least 100 work days per year, during the 5-year 
     period beginning on the date of the enactment of this Act; or
       (bb) 3 years of agricultural employment in the United 
     States for at least 150 work days per year, during the 3-year 
     period beginning on the date of the enactment of this Act.

       (II) 4-year period of employment.--An alien shall be 
     considered to meet the requirements of subclause (I) if the 
     alien has performed 4 years of agricultural employment in the 
     United States for at least 150 work days during 3 years of 
     those 4 years and at least 100 work days during the remaining 
     year, during the 4-year period beginning on the date of the 
     enactment of this Act.

       (ii) Proof.--An alien may demonstrate compliance with the 
     requirement under clause (i) by submitting--

       (I) the record of employment described in subsection 
     (a)(5); or
       (II) such documentation as may be submitted under 
     subsection (d)(3).

       (iii) Extraordinary circumstances.--In determining whether 
     an alien has met the requirement under clause (i)(I), the 
     Secretary may credit the alien with not more than 12 
     additional months to meet the requirement under clause (i) if 
     the alien was unable to work in agricultural employment due 
     to--

       (I) pregnancy, injury, or disease, if the alien can 
     establish such pregnancy, disabling injury, or disease 
     through medical records;
       (II) illness, disease, or other special needs of a minor 
     child, if the alien can establish such illness, disease, or 
     special needs through medical records; or
       (III) severe weather conditions that prevented the alien 
     from engaging in agricultural employment for a significant 
     period of time.

       (iv) Application period.--The alien applies for adjustment 
     of status not later than 7 years after the date of the 
     enactment of this Act.
       (v) Fine.--The alien pays a fine to the Secretary in an 
     amount equal to $400.
       (B) Grounds for denial of adjustment of status.--The 
     Secretary may deny an alien adjustment to permanent resident 
     status, and provide for termination of the blue card status 
     granted such alien, if--
       (i) the Secretary finds by a preponderance of the evidence 
     that the adjustment to blue card status was the result of 
     fraud or willful misrepresentation, as described in section 
     212(a)(6)(C)(i) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(6)(C)(i)); or
       (ii) the alien--

       (I) commits an act that makes the alien inadmissible to the 
     United States under section 212 of the Immigration and 
     Nationality Act (8 U.S.C. 1182), except as provided under 
     subsection (e)(2);
       (II) is convicted of a felony or 3 or more misdemeanors 
     committed in the United States; or
       (III) is convicted of an offense, an element of which 
     involves bodily injury, threat of serious bodily injury, or 
     harm to property in excess of $500.

       (C) Grounds for removal.--Any alien granted blue card 
     status who does not apply for adjustment of status under this 
     subsection before the expiration of the application period 
     described in subparagraph (A)(iv), or who fails to meet the 
     other requirements of subparagraph (A) by the end of the 
     applicable period, is deportable and may be removed under 
     section 240 of the Immigration and Nationality Act (8 U.S.C. 
     1229a).
       (D) Payment of taxes.--
       (i) In general.--Not later than the date on which an 
     alien's status is adjusted under this

[[Page S9794]]

     subsection, the alien shall establish the payment of any 
     applicable Federal tax liability by establishing that--

       (I) no such tax liability exists;
       (II) all outstanding liabilities have been paid; or
       (III) the alien has entered into an agreement for payment 
     of all outstanding liabilities with the Internal Revenue 
     Service.

       (ii) Applicable federal tax liability.--For purposes of 
     clause (i), the term ``applicable Federal tax liability'' 
     means liability for Federal taxes, including penalties and 
     interest, owed for any year during the period of employment 
     required under paragraph (1)(A) for which the statutory 
     period for assessment of any deficiency for such taxes has 
     not expired.
       (iii) IRS cooperation.--The Secretary of the Treasury shall 
     establish rules and procedures under which the Commissioner 
     of Internal Revenue shall provide documentation to an alien 
     upon request to establish the payment of all taxes required 
     by this subparagraph.
       (2) Spouses and minor children.--
       (A) In general.--Notwithstanding any other provision of 
     law, the Secretary shall confer the status of lawful 
     permanent resident on the spouse and minor child of an alien 
     granted status under paragraph (1), including any individual 
     who was a minor child on the date such alien was granted blue 
     card status, if the spouse or minor child applies for such 
     status, or if the principal alien includes the spouse or 
     minor child in an application for adjustment of status to 
     that of a lawful permanent resident.
       (B) Treatment of spouses and minor children before 
     adjustment of status.--
       (i) Removal.--The spouse and any minor child of an alien 
     granted blue card status may not be removed while such alien 
     maintains such status, except as provided in subparagraph 
     (C).
       (ii) Travel.--The spouse and any minor child of an alien 
     granted blue card status may travel outside the United States 
     in the same manner as an alien lawfully admitted for 
     permanent residence.
       (iii) Employment.--The spouse of an alien granted blue card 
     status may apply to the Secretary for a work permit to 
     authorize such spouse to engage in any lawful employment in 
     the United States while such alien maintains blue card 
     status.
       (C) Grounds for denial of adjustment of status and 
     removal.--The Secretary may deny an alien spouse or child 
     adjustment of status under subparagraph (A) and may remove 
     such spouse or child under section 240 of the Immigration and 
     Nationality Act (8 U.S.C. 1229a) if the spouse or child--
       (i) commits an act that makes the alien spouse or child 
     inadmissible to the United States under section 212 of such 
     Act (8 U.S.C. 1182), except as provided under subsection 
     (e)(2);
       (ii) is convicted of a felony or 3 or more misdemeanors 
     committed in the United States; or
       (iii) is convicted of an offense, an element of which 
     involves bodily injury, threat of serious bodily injury, or 
     harm to property in excess of $500.
       (d) Applications.--
       (1) To whom may be made.--The Secretary shall provide 
     that--
       (A) applications for blue card status may be filed--
       (i) with the Secretary, but only if the applicant is 
     represented by an attorney or a non-profit religious, 
     charitable, social service, or similar organization 
     recognized by the Board of Immigration Appeals under section 
     292.2 of title 8, Code of Federal Regulations; or
       (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; and
       (B) applications for adjustment of status under subsection 
     (c) shall be filed directly with 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 
     title 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) or (c)(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) or (c)(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) or (c)(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) or 
     (c)(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)(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).
       (6) Confidentiality of information.--
       (A) In general.--Except as otherwise provided in this 
     subsection, neither the Secretary, nor any other official or 
     employee of the Department, or a bureau or agency of the 
     Department, may--
       (i) use the information furnished by the applicant pursuant 
     to an application filed under this section, the information 
     provided to the applicant by a person designated under 
     paragraph (2)(A), or any information provided by an employer 
     or former employer, for any purpose other than to make a 
     determination on the application, or for enforcement of 
     paragraph (7);
       (ii) make any publication whereby the information furnished 
     by any particular individual can be identified; or
       (iii) permit anyone other than the sworn officers and 
     employees of the Department, or a bureau or agency of the 
     Department, or, with respect to applications filed with a 
     qualified designated entity, that qualified designated 
     entity, to examine individual applications.
       (B) Required disclosures.--The Secretary shall provide the 
     information furnished under this section, or any other 
     information derived from such furnished information, to--
       (i) a duly recognized law enforcement entity in connection 
     with a criminal investigation or prosecution, if such 
     information is requested in writing by such entity; or
       (ii) an official coroner, for purposes of affirmatively 
     identifying a deceased individual, whether or not the death 
     of such individual resulted from a crime.
       (C) Construction.--
       (i) In general.--Nothing in this paragraph shall be 
     construed to limit the use, or release, for immigration 
     enforcement purposes or law enforcement purposes of 
     information contained in files or records of the Department 
     pertaining to an application filed under this section, other 
     than information furnished by an applicant pursuant to the 
     application, or any other information derived from the 
     application, that is not available from any other source.
       (ii) Criminal convictions.--Information concerning whether 
     the applicant has at any time been convicted of a crime may 
     be used or released for immigration enforcement or law 
     enforcement purposes.
       (D) Crime.--Any person who knowingly uses, publishes, or 
     permits information to be examined in violation of this 
     paragraph shall be subject to a fine in an amount not to 
     exceed $10,000.
       (7) Penalties for false statements in applications.--
       (A) Criminal penalty.--Any person who--
       (i) files an application for status under subsection (a) or 
     (c) 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) Eligibility for legal services.--Section 504(a)(11) of 
     Public Law 104-134 (110 Stat. 1321-53 et seq.) shall not be 
     construed to prevent a recipient of funds under the Legal 
     Services Corporation Act (42 U.S.C. 2996 et seq.) from 
     providing legal assistance directly

[[Page S9795]]

     related to an application for adjustment of status under this 
     section.
       (9) 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 subsections (a) and (c); 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 
     subsections (a) and (c).
       (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) or an alien's eligibility for adjustment 
     of status under subsection (c)(1)(B)(ii)(I), the following 
     rules shall apply:
       (A) Grounds of exclusion not applicable.--The provisions of 
     paragraphs (5), (6)(A), (7), and (9) of section 212(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not 
     apply.
       (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 
     blue card status (but for the fact that the alien may not 
     apply for such status until the beginning of such period), 
     until the alien has had the opportunity during the first 30 
     days of the application period to complete the filing of an 
     application for blue card status, the alien--
       (A) may not be removed; and
       (B) shall be granted authorization to engage in employment 
     in the United States and be provided an ``employment 
     authorized'' endorsement or other appropriate work permit for 
     such purpose.
       (2) During application period.--The Secretary shall provide 
     that, in the case of an alien who presents a nonfrivolous 
     application for blue card status during the application 
     period described in 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 such sums as may be 
     necessary to implement this section, including any sums 
     needed for costs associated with the initiation of such 
     implementation, for fiscal years 2007 and 2008.

     SEC. 212. CORRECTION OF SOCIAL SECURITY RECORDS.

       (a) In General.--Section 208(e)(1) of the Social Security 
     Act (42 U.S.C. 408(e)(1)) is amended--
       (1) in subparagraph (B)(ii), by striking ``or'' at the end;
       (2) in subparagraph (C), by inserting ``or'' at the end;
       (3) by inserting after subparagraph (C) the following:
       ``(D) who is granted blue card status under the 
     Agricultural Job Opportunity, Benefits, and Security Act of 
     2006,''; and
       (4) by striking ``1990.'' and inserting ``1990, or in the 
     case of an alien described in subparagraph (D), if such 
     conduct is alleged to have occurred before the date on which 
     the alien was granted blue card status.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the first day of the seventh month that 
     begins after the date of the enactment of this Act.

               Subtitle B--REFORM OF H-2A WORKER PROGRAM

     SEC. 221. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT.

       (a) In General.--Title II of the Immigration and 
     Nationality Act (8 U.S.C. 1151 et seq.) is amended by 
     striking section 218 and inserting the following:

     ``SEC. 218. H-2A EMPLOYER APPLICATIONS.

       ``(a) Applications to the Secretary of Labor.--
       ``(1) In general.--No alien may be admitted to the United 
     States as an H-2A worker, or otherwise provided status as an 
     H-2A worker, unless the employer has filed with the Secretary 
     of Labor an application containing--
       ``(A) the assurances described in subsection (b);
       ``(B) a description of the nature and location of the work 
     to be performed;
       ``(C) the anticipated period (expected beginning and ending 
     dates) for which the workers will be needed; and
       ``(D) the number of job opportunities in which the employer 
     seeks to employ the workers.
       ``(2) Accompanied by job offer.--Each application filed 
     under paragraph (1) shall be accompanied by a copy of the job 
     offer describing the wages and other terms and conditions of 
     employment and the bona fide occupational qualifications that 
     shall be possessed by a worker to be employed in the job 
     opportunity in question.
       ``(b) Assurances for Inclusion in Applications.--The 
     assurances referred to in subsection (a)(1) are the 
     following:
       ``(1) Job opportunities covered by collective bargaining 
     agreements.--With respect to a job opportunity that is 
     covered under a collective bargaining agreement:
       ``(A) Union contract described.--The job opportunity is 
     covered by a union contract which was negotiated at arm's 
     length between a bona fide union and the employer.
       ``(B) 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.
       ``(C) Notification of bargaining representatives.--The 
     employer, at the time of filing the application, has provided 
     notice of the filing under this paragraph to the bargaining 
     representative of the employer's employees in the 
     occupational classification at the place or places of 
     employment for which aliens are sought.

[[Page S9796]]

       ``(D) Temporary or seasonal job opportunities.--The job 
     opportunity is temporary or seasonal.
       ``(E) Offers to united states workers.--The employer has 
     offered or will offer the job to any eligible United States 
     worker who applies and is equally or better qualified for the 
     job for which the nonimmigrant is, or the nonimmigrants are, 
     sought and who will be available at the time and place of 
     need.
       ``(F) Provision of insurance.--If the job opportunity is 
     not covered by the 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's workers' 
     compensation law for comparable employment.
       ``(2) Job opportunities not covered by collective 
     bargaining agreements.--With respect to a job opportunity 
     that is not covered under a collective bargaining agreement:
       ``(A) 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.
       ``(B) Temporary or seasonal job opportunities.--The job 
     opportunity is temporary or seasonal.
       ``(C) Benefit, wage, and working conditions.--The employer 
     will provide, at a minimum, the benefits, wages, and working 
     conditions required by section 218A to all workers employed 
     in the job opportunities for which the employer has applied 
     under subsection (a) and to all other workers in the same 
     occupation at the place of employment.
       ``(D) 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 for 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.
       ``(E) Requirements for placement of nonimmigrant with other 
     employers.--The employer will not place the nonimmigrant with 
     another employer unless--
       ``(i) the nonimmigrant performs duties in whole or in part 
     at 1 or more work sites owned, operated, or controlled by 
     such other employer;
       ``(ii) there are indicia of an employment relationship 
     between the nonimmigrant and such other employer; and
       ``(iii) the employer has inquired of the other employer as 
     to whether, and has no actual knowledge or notice that, 
     during the period of employment and for a period of 30 days 
     preceding the period of employment, the other employer has 
     displaced or intends to displace a United States worker 
     employed by the other employer in the occupation at the place 
     of employment for which the employer seeks approval to employ 
     H-2A workers.
       ``(F) Statement of liability.--The application form shall 
     include a clear statement explaining the liability under 
     subparagraph (E) of an employer if the other employer 
     described in such subparagraph displaces a United States 
     worker as described in such subparagraph.
       ``(G) Provision of insurance.--If the job opportunity is 
     not covered by the 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's workers' 
     compensation law for comparable employment.
       ``(H) Employment of united states workers.--
       ``(i) Recruitment.--The employer has taken or will take the 
     following steps to recruit United States workers for the job 
     opportunities for which the H-2A nonimmigrant is, or H-2A 
     nonimmigrants are, sought:

       ``(I) Contacting former workers.--The employer shall make 
     reasonable efforts through the sending of a letter by United 
     States Postal Service mail, or otherwise, to contact any 
     United States worker the employer employed during the 
     previous season in the occupation at the place of intended 
     employment for which the employer is applying for workers and 
     has made the availability of the employer's job opportunities 
     in the occupation at the place of intended employment known 
     to such previous workers, unless the worker was terminated 
     from employment by the employer for a lawful job-related 
     reason or abandoned the job before the worker completed the 
     period of employment of the job opportunity for which the 
     worker was hired.
       ``(II) Filing a job offer with the local office of the 
     state employment security agency.--Not later than 28 days 
     before the date on which the employer desires to employ an H-
     2A worker in a temporary or seasonal agricultural job 
     opportunity, the employer shall submit a copy of the job 
     offer described in subsection (a)(2) to the local office of 
     the State employment security agency which serves the area of 
     intended employment and authorize the posting of the job 
     opportunity on `America's Job Bank' or other electronic job 
     registry, except that nothing in this subclause shall require 
     the employer to file an interstate job order under section 
     653 of title 20, Code of Federal Regulations.
       ``(III) Advertising of job opportunities.--Not later than 
     14 days before the date on which the employer desires to 
     employ an H-2A worker in a temporary or seasonal agricultural 
     job opportunity, the employer shall advertise the 
     availability of the job opportunities for which the employer 
     is seeking workers in a publication in the local labor market 
     that is likely to be patronized by potential farm workers.
       ``(IV) Emergency procedures.--The Secretary of Labor shall, 
     by regulation, provide a procedure for acceptance and 
     approval of applications in which the employer has not 
     complied with the provisions of this subparagraph because the 
     employer's need for H-2A workers could not reasonably have 
     been foreseen.

       ``(ii) Job offers.--The employer has offered or will offer 
     the job to any eligible United States worker who applies and 
     is equally or better qualified for the job for which the 
     nonimmigrant is, or nonimmigrants are, sought and who will be 
     available at the time and place of need.
       ``(iii) Period of employment.--The employer will provide 
     employment to any qualified United States worker who applies 
     to the employer during the period beginning on the date on 
     which the foreign worker departs for the employer's place of 
     employment and ending on the date on which 50 percent of the 
     period of employment for which the foreign worker who is in 
     the job was hired has elapsed, subject to the following 
     requirements:

       ``(I) Prohibition.--No person or entity shall willfully and 
     knowingly withhold United States workers before the arrival 
     of H-2A workers in order to force the hiring of United States 
     workers under this clause.
       ``(II) Complaints.--Upon receipt of a complaint by an 
     employer that a violation of subclause (I) has occurred, the 
     Secretary of Labor shall immediately investigate. The 
     Secretary of Labor shall, within 36 hours of the receipt of 
     the complaint, issue findings concerning the alleged 
     violation. If the Secretary of Labor finds that a violation 
     has occurred, the Secretary of Labor shall immediately 
     suspend the application of this clause with respect to that 
     certification for that date of need.
       ``(III) Placement of united states workers.--Before 
     referring a United States worker to an employer during the 
     period described in the matter preceding subclause (I), the 
     Secretary of Labor shall make all reasonable efforts to place 
     the United States worker in an open job acceptable to the 
     worker, if there are other job offers pending with the job 
     service that offer similar job opportunities in the area of 
     intended employment.

       ``(iv) Statutory construction.--Nothing in this 
     subparagraph shall be construed to prohibit an employer from 
     using such legitimate selection criteria relevant to the type 
     of job that are normal or customary to the type of job 
     involved so long as such criteria are not applied in a 
     discriminatory manner.
       ``(c) Applications by Associations on Behalf of Employer 
     Members.--
       ``(1) In general.--An agricultural association may file an 
     application under subsection (a) on behalf of 1 or more of 
     its employer members that the association certifies in its 
     application has or have agreed in writing to comply with the 
     requirements of this section and sections 218A and 218B.
       ``(2) Treatment of associations acting as employers.--If an 
     association filing an application under paragraph (1) is a 
     joint or sole employer of the temporary or seasonal 
     agricultural workers requested on the application, the 
     certifications granted under subsection (e)(2)(B) to the 
     association may be used for the certified job opportunities 
     of any of its producer members named on the application, and 
     such workers may be transferred among such producer members 
     to perform the agricultural services of a temporary or 
     seasonal nature for which the certifications were granted.
       ``(d) Withdrawal of Applications.--
       ``(1) In general.--An employer may withdraw an application 
     filed pursuant to subsection (a), except that if the employer 
     is an agricultural association, the association may withdraw 
     an application filed pursuant to subsection (a) with respect 
     to 1 or more of its members. To withdraw an application, the 
     employer or association shall notify the Secretary of Labor 
     in writing, and the Secretary of Labor shall acknowledge in 
     writing the receipt of such withdrawal notice. An employer 
     who withdraws an application under subsection (a), or on 
     whose behalf an application is withdrawn, is relieved of the 
     obligations undertaken in the application.
       ``(2) Limitation.--An application may not be withdrawn 
     while any alien provided status under section 
     101(a)(15)(H)(ii)(a) pursuant to such application is employed 
     by the employer.
       ``(3) Obligations under other statutes.--Any obligation 
     incurred by an employer under any other law or regulation as 
     a result of the recruitment of United States workers or H-2A 
     workers under an offer of terms and conditions of employment 
     required as a result of making an application under 
     subsection (a) is unaffected by withdrawal of such 
     application.
       ``(e) Review and Approval of Applications.--
       ``(1) Responsibility of employers.--The employer shall make 
     available for public examination, within 1 working day after 
     the

[[Page S9797]]

     date on which an application under subsection (a) is filed, 
     at the employer's principal place of business or work site, a 
     copy of each such application (and such accompanying 
     documents as are necessary).
       ``(2) Responsibility of the secretary of labor.--
       ``(A) Compilation of list.--The Secretary of Labor shall 
     compile, on a current basis, a list (by employer and by 
     occupational classification) of the applications filed under 
     this subsection. Such list shall include the wage rate, 
     number of workers sought, period of intended employment, and 
     date of need. The Secretary of Labor shall make such list 
     available for examination in the District of Columbia.
       ``(B) Review of applications.--The Secretary of Labor shall 
     review such an application only for completeness and obvious 
     inaccuracies. Unless the Secretary of Labor finds that the 
     application is incomplete or obviously inaccurate, the 
     Secretary of Labor shall certify that the intending employer 
     has filed with the Secretary of Labor an application as 
     described in subsection (a). Such certification shall be 
     provided within 7 days of the filing of the application.

     ``SEC. 218A. H-2A EMPLOYMENT REQUIREMENTS.

       ``(a) Preferential Treatment of Aliens Prohibited.--
     Employers seeking to hire United States workers shall offer 
     the United States workers no 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) Minimum Benefits, Wages, and Working Conditions.--
     Except in cases where higher benefits, wages, or working 
     conditions are required by the provisions of subsection (a), 
     in order to protect similarly employed United States workers 
     from adverse effects with respect to benefits, wages, and 
     working conditions, every job offer which shall accompany an 
     application under section 218(b)(2) shall include each of the 
     following benefit, wage, and working condition provisions:
       ``(1) Requirement to provide housing or a housing 
     allowance.--
       ``(A) In general.--An employer applying under section 
     218(a) for H-2A workers 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 local or 
     State standards, Federal temporary labor camp standards shall 
     apply.
       ``(C) Family housing.--If it is the prevailing practice in 
     the occupation and area of intended employment to provide 
     family housing, family housing shall be provided to workers 
     with families who request it.
       ``(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) Charges for housing.--
       ``(i) Charges for public housing.--If public housing 
     provided for migrant agricultural workers under the auspices 
     of a local, county, or State government is secured by an 
     employer, and use of the public housing unit normally 
     requires charges from migrant workers, such charges shall be 
     paid by the employer directly to the appropriate individual 
     or entity affiliated with the housing's management.
       ``(ii) Deposit charges.--Charges in the form of deposits 
     for bedding or other similar incidentals related to housing 
     shall not be levied upon workers by employers who provide 
     housing for their workers. An employer may require a worker 
     found to have been responsible for damage to such housing 
     which is not the result of normal wear and tear related to 
     habitation to reimburse the employer for the reasonable cost 
     of repair of such damage.
       ``(G) Housing allowance as alternative.--
       ``(i) In general.--If the requirement under clause (ii) is 
     satisfied, the employer may provide a reasonable housing 
     allowance instead of offering housing under subparagraph (A). 
     Upon the request of a worker seeking assistance in locating 
     housing, the employer shall make a good faith effort to 
     assist the worker in identifying and locating housing in the 
     area of intended employment. 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. No housing allowance may be used for housing which 
     is owned or controlled by the employer.
       ``(ii) 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.
       ``(iii) 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.

       ``(2) Reimbursement of transportation.--
       ``(A) To place of employment.--A worker who completes 50 
     percent of the period of employment of the job opportunity 
     for which the worker was hired shall be reimbursed by the 
     employer for the cost of the worker's transportation and 
     subsistence from the place from which the worker came to work 
     for the employer (or place of last employment, if the worker 
     traveled from such place) to the place of employment.
       ``(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 of employment 
     to the place from which the worker, disregarding intervening 
     employment, came to work for the employer, or to the place of 
     next employment, if the worker has contracted with a 
     subsequent employer who has not agreed to provide or pay for 
     the worker's transportation and subsistence to such 
     subsequent employer's place of employment.
       ``(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 the worker is not residing 
     in employer-provided housing or housing secured through an 
     allowance as provided in paragraph (1)(G).
       ``(D) Early termination.--If the worker is laid off or 
     employment is terminated for contract impossibility (as 
     described in paragraph (4)(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 work 
     site.--The employer shall provide transportation between the 
     worker's living quarters and the employer's work site without 
     cost to the worker, and such transportation will be in 
     accordance with applicable laws and regulations.
       ``(3) Required wages.--
       ``(A) In general.--An employer applying for workers under 
     section 218(a) shall offer to pay, and shall pay, all workers 
     in the occupation for which the employer has applied for 
     workers, not less (and is not required to pay more) than the 
     greater of the prevailing wage in the occupation in the area 
     of intended employment or the adverse effect wage rate. No 
     worker shall be paid less than the greater of the hourly wage 
     prescribed under section 6(a)(1) of the Fair Labor Standards 
     Act of 1938 (29 U.S.C. 206(a)(1)) or the applicable State 
     minimum wage.
       ``(B) Limitation.--Effective on the date of the enactment 
     of the Agricultural Job Opportunities, Benefits, and Security 
     Act of 2006 and continuing for 3 years thereafter, no adverse 
     effect wage rate for a State may be more than the adverse 
     effect wage rate for that State in effect on January 1, 2003, 
     as established by section 655.107 of title 20, Code of 
     Federal Regulations.
       ``(C) Required wages after 3-year freeze.--
       ``(i) First adjustment.--If Congress does not set a new 
     wage standard applicable to

[[Page S9798]]

     this section before the first March 1 that is not less than 3 
     years after the date of enactment of this section, the 
     adverse effect wage rate for each State beginning on such 
     March 1 shall be the wage rate that would have resulted if 
     the adverse effect wage rate in effect on January 1, 2003, 
     had been annually adjusted, beginning on March 1, 2006, by 
     the lesser of--

       ``(I) the 12 month percentage change in the Consumer Price 
     Index for All Urban Consumers between December of the second 
     preceding year and December of the preceding year; and
       ``(II) 4 percent.

       ``(ii) Subsequent annual adjustments.--Beginning on the 
     first March 1 that is not less than 4 years after the date of 
     enactment of this section, and each March 1 thereafter, the 
     adverse effect wage rate then in effect for each State shall 
     be adjusted by the lesser of--

       ``(I) the 12 month percentage change in the Consumer Price 
     Index for All Urban Consumers between December of the second 
     preceding year and December of the preceding year; and
       ``(II) 4 percent.

       ``(D) Deductions.--The employer shall make only those 
     deductions from the worker's wages that are authorized by law 
     or are reasonable and customary in the occupation and area of 
     employment. The job offer shall specify all deductions not 
     required by law which the employer will make from the 
     worker's wages.
       ``(E) Frequency of pay.--The employer shall pay the worker 
     not less frequently than twice monthly, or in accordance with 
     the prevailing practice in the area of employment, whichever 
     is more frequent.
       ``(F) Hours and earnings statements.--The employer shall 
     furnish to the worker, on or before each payday, in 1 or more 
     written statements--
       ``(i) the worker's total earnings for the pay period;
       ``(ii) the worker's hourly rate of pay, piece rate of pay, 
     or both;
       ``(iii) the hours of employment which have been offered to 
     the worker (broken out by hours offered in accordance with 
     and over and above the three-quarters guarantee described in 
     paragraph (4);
       ``(iv) the hours actually worked by the worker;
       ``(v) an itemization of the deductions made from the 
     worker's wages; and
       ``(vi) if piece rates of pay are used, the units produced 
     daily.
       ``(G) Report on wage protections.--Not later than December 
     31, 2008, the Comptroller General of the United States shall 
     prepare and transmit to the Secretary of Labor, the Committee 
     on the Judiciary of the Senate, and Committee on the 
     Judiciary of the House of Representatives, a report that 
     addresses--
       ``(i) whether the employment of H-2A or unauthorized aliens 
     in the United States agricultural work force has depressed 
     United States farm worker wages below the levels that would 
     otherwise have prevailed if alien farm workers had not been 
     employed in the United States;
       ``(ii) whether an adverse effect wage rate is necessary to 
     prevent wages of United States farm workers in occupations in 
     which H-2A workers are employed from falling below the wage 
     levels that would have prevailed in the absence of the 
     employment of H-2A workers in those occupations;
       ``(iii) whether alternative wage standards, such as a 
     prevailing wage standard, would be sufficient to prevent 
     wages in occupations in which H-2A workers are employed from 
     falling below the wage level that would have prevailed in the 
     absence of H-2A employment;
       ``(iv) whether any changes are warranted in the current 
     methodologies for calculating the adverse effect wage rate 
     and the prevailing wage; and
       ``(v) recommendations for future wage protection under this 
     section.
       ``(H) Commission on wage standards.--
       ``(i) Establishment.--There is established the Commission 
     on Agricultural Wage Standards under the H-2A program (in 
     this subparagraph referred to as the `Commission').
       ``(ii) Composition.--The Commission shall consist of 10 
     members as follows:

       ``(I) 4 representatives of agricultural employers and 1 
     representative of the Department of Agriculture, each 
     appointed by the Secretary of Agriculture.
       ``(II) 4 representatives of agricultural workers and 1 
     representative of the Department of Labor, each appointed by 
     the Secretary of Labor.

       ``(iii) Functions.--The Commission shall conduct a study 
     that shall address--

       ``(I) whether the employment of H-2A or unauthorized aliens 
     in the United States agricultural workforce has depressed 
     United States farm worker wages below the levels that would 
     otherwise have prevailed if alien farm workers had not been 
     employed in the United States;
       ``(II) whether an adverse effect wage rate is necessary to 
     prevent wages of United States farm workers in occupations in 
     which H-2A workers are employed from falling below the wage 
     levels that would have prevailed in the absence of the 
     employment of H-2A workers in those occupations;
       ``(III) whether alternative wage standards, such as a 
     prevailing wage standard, would be sufficient to prevent 
     wages in occupations in which H-2A workers are employed from 
     falling below the wage level that would have prevailed in the 
     absence of H-2A employment;
       ``(IV) whether any changes are warranted in the current 
     methodologies for calculating the adverse effect wage rate 
     and the prevailing wage rate; and
       ``(V) recommendations for future wage protection under this 
     section.

       ``(iv) Final report.--Not later than December 31, 2008, the 
     Commission shall submit a report to the Congress setting 
     forth the findings of the study conducted under clause (iii).
       ``(v) Termination date.--The Commission shall terminate 
     upon submitting its final report.
       ``(4) Guarantee of employment.--
       ``(A) Offer to worker.--The employer shall guarantee to 
     offer the worker employment for the hourly equivalent of at 
     least three-fourths 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 
     paragraph, 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.
       ``(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 `three-fourths 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, drought, plant or animal disease or pest infestation, 
     or regulatory drought, before the 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. If such transfer is not 
     effected, the employer shall provide the return 
     transportation required in paragraph (2)(D).
       ``(5) Motor vehicle safety.--
       ``(A) Mode of transportation subject to coverage.--
       ``(i) In general.--Except as provided in clauses (iii) and 
     (iv), this subsection applies to any H-2A employer that uses 
     or causes to be used any vehicle to transport an H-2A worker 
     within the United States.
       ``(ii) Defined term.--In this paragraph, the term `uses or 
     causes to be used'--

       ``(I) applies only to transportation provided by an H-2A 
     employer to an H-2A worker, or by a farm labor contractor to 
     an H-2A worker at the request or direction of an H-2A 
     employer; and
       ``(II) does not apply to--

       ``(aa) transportation provided, or transportation 
     arrangements made, by an H-2A worker, unless the employer 
     specifically requested or arranged such transportation; or
       ``(bb) car pooling arrangements made by H-2A workers 
     themselves, using 1 of the workers' own vehicles, unless 
     specifically requested by the employer directly or through a 
     farm labor contractor.
       ``(iii) Clarification.--Providing a job offer to an H-2A 
     worker that causes the worker to travel to or from the place 
     of employment, or the payment or reimbursement of the 
     transportation costs of an H-2A worker by an H-2A employer, 
     shall not constitute an arrangement of, or participation in, 
     such transportation.
       ``(iv) Agricultural machinery and equipment excluded.--This 
     subsection does not apply to the transportation of an H-2A 
     worker on a tractor, combine, harvester, picker, or other 
     similar machinery or equipment while such worker is actually 
     engaged in the planting, cultivating, or harvesting of 
     agricultural commodities or the care of livestock or poultry 
     or engaged in transportation incidental thereto.
       ``(v) Common carriers excluded.--This subsection does not 
     apply to common carrier motor vehicle transportation in which 
     the provider holds itself out to the general public as 
     engaging in the transportation of passengers for hire and 
     holds a valid certification of authorization for such 
     purposes from an appropriate Federal, State, or local agency.

[[Page S9799]]

       ``(B) Applicability of standards, licensing, and insurance 
     requirements.--
       ``(i) In general.--When using, or causing to be used, any 
     vehicle for the purpose of providing transportation to which 
     this subparagraph applies, each employer shall--

       ``(I) ensure that each such vehicle conforms to the 
     standards prescribed by the Secretary of Labor under section 
     401(b) of the Migrant and Seasonal Agricultural Worker 
     Protection Act (29 U.S.C. 1841(b)) and other applicable 
     Federal and State safety standards;
       ``(II) ensure that each driver has a valid and appropriate 
     license, as provided by State law, to operate the vehicle; 
     and
       ``(III) have an insurance policy or a liability bond that 
     is in effect which insures the employer against liability for 
     damage to persons or property arising from the ownership, 
     operation, or causing to be operated, of any vehicle used to 
     transport any H-2A worker.

       ``(ii) Amount of insurance required.--The level of 
     insurance required shall be determined by the Secretary of 
     Labor pursuant to regulations to be issued under this 
     subsection.
       ``(iii) Effect of workers' compensation coverage.--If the 
     employer of any H-2A worker provides workers' compensation 
     coverage for such worker in the case of bodily injury or 
     death as provided by State law, the following adjustments in 
     the requirements of subparagraph (B)(i)(III) relating to 
     having an insurance policy or liability bond apply:

       ``(I) No insurance policy or liability bond shall be 
     required of the employer, if such workers are transported 
     only under circumstances for which there is coverage under 
     such State law.
       ``(II) An insurance policy or liability bond shall be 
     required of the employer for circumstances under which 
     coverage for the transportation of such workers is not 
     provided under such State law.

       ``(c) Compliance With Labor Laws.--An employer shall assure 
     that, except as otherwise provided in this section, the 
     employer will comply with all applicable Federal, State, and 
     local labor laws, including laws affecting migrant and 
     seasonal agricultural workers, with respect to all United 
     States workers and alien workers employed by the employer, 
     except that a violation of this assurance shall not 
     constitute a violation of the Migrant and Seasonal 
     Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.).
       ``(d) Copy of Job Offer.--The employer shall provide to the 
     worker, not later than the day the work commences, a copy of 
     the employer's application and job offer described in section 
     218(a), or, if the employer will require the worker to enter 
     into a separate employment contract covering the employment 
     in question, such separate employment contract.
       ``(e) Range Production of Livestock.--Nothing in this 
     section, section 218, or section 218B shall preclude the 
     Secretary of Labor and the Secretary from continuing to apply 
     special procedures and requirements to the admission and 
     employment of aliens in occupations involving the range 
     production of livestock.

     ``SEC. 218B. PROCEDURE FOR ADMISSION AND EXTENSION OF STAY OF 
                   H-2A WORKERS.

       ``(a) 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 may file a petition with the Secretary. The 
     petition shall be accompanied by an accepted and currently 
     valid certification provided by the Secretary of Labor under 
     section 218(e)(2)(B) covering the petitioner.
       ``(b) Expedited Adjudication by the Secretary.--The 
     Secretary shall establish a procedure for expedited 
     adjudication of petitions filed under subsection (a) and 
     within 7 working days shall, by fax, cable, or other means 
     assuring expedited delivery, transmit a copy of notice of 
     action on the petition to the petitioner and, in the case of 
     approved petitions, to the appropriate immigration officer at 
     the port of entry or United States consulate (as the case may 
     be) where the petitioner has indicated that the alien 
     beneficiary (or beneficiaries) will apply for a visa or 
     admission to the United States.
       ``(c) Criteria for Admissibility.--
       ``(1) In general.--An H-2A worker shall be considered 
     admissible to the United States if the alien is otherwise 
     admissible under this section, section 218, and section 218A, 
     and the alien is not ineligible under paragraph (2).
       ``(2) Disqualification.--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--
       ``(A) violated a material provision of this section, 
     including the requirement to promptly depart the United 
     States when the alien's authorized period of admission under 
     this section has expired; or
       ``(B) otherwise violated a term or condition of admission 
     into the United States as a nonimmigrant, including 
     overstaying the period of authorized admission as such a 
     nonimmigrant.
       ``(3) Waiver of ineligibility for unlawful presence.--
       ``(A) In general.--An alien who has not previously been 
     admitted into the United States pursuant to this section, and 
     who is otherwise eligible for admission in accordance with 
     paragraphs (1) and (2), shall not be deemed inadmissible by 
     virtue of section 212(a)(9)(B). If an alien described in the 
     preceding sentence is present in the United States, the alien 
     may apply from abroad for H-2A status, but may not be granted 
     that status in the United States.
       ``(B) Maintenance of waiver.--An alien provided an initial 
     waiver of ineligibility pursuant to subparagraph (A) shall 
     remain eligible for such waiver unless the alien violates the 
     terms of this section or again becomes ineligible under 
     section 212(a)(9)(B) by virtue of unlawful presence in the 
     United States after the date of the initial waiver of 
     ineligibility pursuant to subparagraph (A).
       ``(d) Period of Admission.--
       ``(1) In general.--The alien shall be admitted for the 
     period of employment in the application certified by the 
     Secretary of Labor pursuant to section 218(e)(2)(B), not to 
     exceed 10 months, supplemented by a period of not more than 1 
     week before the beginning of the period of employment for the 
     purpose of travel to the work site and a period of 14 days 
     following the period of employment for the purpose of 
     departure or extension based on a subsequent offer of 
     employment, except that--
       ``(A) the alien is not authorized to be employed during 
     such 14-day period except in the employment for which the 
     alien was previously authorized; and
       ``(B) the total period of employment, including such 14-day 
     period, may not exceed 10 months.
       ``(2) Construction.--Nothing in this subsection shall limit 
     the authority of the Secretary to extend the stay of the 
     alien under any other provision of this Act.
       ``(e) 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 
     not later than 7 days after an H-2A worker prematurely 
     abandons employment.
       ``(3) Removal by the secretary.--The Secretary 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.
       ``(f) Replacement of Alien.--
       ``(1) In general.--Upon presentation of the notice to the 
     Secretary required by subsection (e)(2), the Secretary of 
     State shall promptly issue a visa to, and the Secretary shall 
     admit into the United States, an eligible alien designated by 
     the employer to replace an H-2A worker--
       ``(A) who abandons or prematurely terminates employment; or
       ``(B) whose employment is terminated after a United States 
     worker is employed pursuant to section 218(b)(2)(H)(iii), if 
     the United States worker voluntarily departs before the end 
     of the period of intended employment or if the employment 
     termination is for a lawful job-related reason.
       ``(2) Construction.--Nothing in this subsection is intended 
     to limit any preference required to be accorded United States 
     workers under any other provision of this Act.
       ``(g) Identification Document.--
       ``(1) In general.--Each alien authorized to be admitted 
     under section 101(a)(15)(H)(ii)(a) shall be provided an 
     identification and employment eligibility document to verify 
     eligibility for employment in the United States and verify 
     such person's proper identity.
       ``(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 be in a form that is resistant to 
     counterfeiting and to tampering.
       ``(C) The document shall--
       ``(i) be compatible with other databases of 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) be compatible with law enforcement databases to 
     determine if the alien has been convicted of criminal 
     offenses.
       ``(h) Extension of Stay of H-2A Aliens in the United 
     States.--
       ``(1) Extension of stay.--If an employer seeks approval to 
     employ an H-2A alien who is lawfully present in the United 
     States, the petition filed by the employer or an association 
     pursuant to subsection (a), shall request an extension of the 
     alien's stay and a change in the alien's employment.
       ``(2) Limitation on filing a petition for extension of 
     stay.--A petition may not be filed for an extension of an 
     alien's stay--

[[Page S9800]]

       ``(A) for a period of more than 10 months; or
       ``(B) to a date that is more than 3 years after the date of 
     the alien's last admission to the United States under this 
     section.
       ``(3) Work authorization upon filing a petition for 
     extension of stay.--
       ``(A) In general.--An alien who is lawfully present in the 
     United States may commence the employment described in a 
     petition under paragraph (1) on the date on which the 
     petition is filed.
       ``(B) Definition.--For purposes of subparagraph (A), 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.
       ``(C) Handling of petition.--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.
       ``(D) Approval of petition.--Upon approval of a petition 
     for an extension of stay or change in the alien's authorized 
     employment, the Secretary 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.
       ``(4) Limitation on employment authorization of aliens 
     without valid identification and employment eligibility 
     document.--An expired identification and employment 
     eligibility document, together with a copy of a petition for 
     extension of stay or change in the alien's authorized 
     employment that complies with the requirements of paragraph 
     (1), shall constitute a valid work authorization document for 
     a period of not more than 60 days beginning on the date on 
     which such petition is filed, after which time only a 
     currently valid identification and employment eligibility 
     document shall be acceptable.
       ``(5) Limitation on an individual's stay in status.--
       ``(A) Maximum period.--The maximum continuous period of 
     authorized status as an H-2A worker (including any 
     extensions) is 3 years.
       ``(B) Requirement to remain outside the united states.--
       ``(i) In general.--Subject to clause (ii), in the case of 
     an alien outside the United States whose period of authorized 
     status as an H-2A worker (including any extensions) has 
     expired, the alien may not again apply for admission to the 
     United States as an H-2A worker unless the alien has remained 
     outside the United States for a continuous period equal to at 
     least \1/5\ the duration of the alien's previous period of 
     authorized status as an H-2A worker (including any 
     extensions).
       ``(ii) Exception.--Clause (i) shall not apply in the case 
     of an alien if the alien's period of authorized status as an 
     H-2A worker (including any extensions) was for a period of 
     not more than 10 months and such alien has been outside the 
     United States for at least 2 months during the 12 months 
     preceding the date the alien again is applying for admission 
     to the United States as an H-2A worker.
       ``(i) Special Rules for Aliens Employed as Sheepherders, 
     Goat Herders, or Dairy Workers.--Notwithstanding any 
     provision of the Agricultural Job Opportunities, Benefits, 
     and Security Act of 2006, an alien admitted under section 
     101(a)(15)(H)(ii)(a) for employment as a sheepherder, goat 
     herder, or dairy worker--
       ``(1) may be admitted for an initial period of 12 months;
       ``(2) subject to subsection (j)(5), may have such initial 
     period of admission extended for a period of up to 3 years; 
     and
       ``(3) shall not be subject to the requirements of 
     subsection (h)(5) (relating to periods of absence from the 
     United States).
       ``(j) Adjustment to Lawful Permanent Resident Status for 
     Aliens Employed as Sheepherders, Goat Herders, or Dairy 
     Workers.--
       ``(1) Eligible alien.--For purposes of this subsection, the 
     term `eligible alien' means an alien--
       ``(A) having nonimmigrant status under section 
     101(a)(15)(H)(ii)(a) based on employment as a sheepherder, 
     goat herder, or dairy worker;
       ``(B) who has maintained such nonimmigrant status in the 
     United States for a cumulative total of 36 months (excluding 
     any period of absence from the United States); and
       ``(C) who is seeking to receive an immigrant visa under 
     section 203(b)(3)(A)(iii).
       ``(2) Classification petition.--In the case of an eligible 
     alien, the petition under section 204 for classification 
     under section 203(b)(3)(A)(iii) may be filed by--
       ``(A) the alien's employer on behalf of an eligible alien; 
     or
       ``(B) the eligible alien.
       ``(3) No labor certification required.--Notwithstanding 
     section 203(b)((3)(C), no determination under section 
     212(a)(5)(A) is required with respect to an immigrant visa 
     described in paragraph (1)(C) for an eligible alien.
       ``(4) Effect of petition.--The filing of a petition 
     described in paragraph (2) or an application for adjustment 
     of status based on the approval of such a petition, shall not 
     constitute evidence of an alien's ineligibility for 
     nonimmigrant status under section 101(a)(15)(H)(ii)(a).
       ``(5) Extension of stay.--The Secretary of Homeland 
     Security shall extend the stay of an eligible alien having a 
     pending or approved classification petition described in 
     paragraph (2) in 1-year increments until a final 
     determination is made on the alien's eligibility for 
     adjustment of status to that of an alien lawfully admitted 
     for permanent residence.
       ``(6) Construction.--Nothing in this subsection shall be 
     construed to prevent an eligible alien from seeking 
     adjustment of status in accordance with any other provision 
     of law.

     ``SEC. 218C. WORKER PROTECTIONS AND LABOR STANDARDS 
                   ENFORCEMENT.

       ``(a) Enforcement Authority.--
       ``(1) Investigation of complaints.--
       ``(A) Aggrieved person or third-party complaints.--The 
     Secretary of Labor shall establish a process for the receipt, 
     investigation, and disposition of complaints respecting a 
     petitioner's failure to meet a condition specified in section 
     218(b), or an employer's misrepresentation of material facts 
     in an application under section 218(a). Complaints may be 
     filed by any aggrieved person or organization (including 
     bargaining representatives). No investigation or hearing 
     shall be conducted on a complaint concerning such a failure 
     or misrepresentation unless the complaint was filed not later 
     than 12 months after the date of the failure, or 
     misrepresentation, respectively. The Secretary of Labor shall 
     conduct an investigation under this subparagraph if there is 
     reasonable cause to believe that such a failure or 
     misrepresentation has occurred.
       ``(B) Determination on complaint.--Under such process, the 
     Secretary of Labor shall provide, within 30 days after the 
     date such a complaint is filed, for a determination as to 
     whether or not a reasonable basis exists to make a finding 
     described in subparagraph (C), (D), (E), or (G). If the 
     Secretary of Labor determines that such a reasonable basis 
     exists, the Secretary of Labor shall provide for notice of 
     such determination to the interested parties and an 
     opportunity for a hearing on the complaint, in accordance 
     with section 556 of title 5, United States Code, within 60 
     days after the date of the determination. If such a hearing 
     is requested, the Secretary of Labor shall make a finding 
     concerning the matter not later than 60 days after the date 
     of the hearing. In the case of similar complaints respecting 
     the same applicant, the Secretary of Labor may consolidate 
     the hearings under this subparagraph on such complaints.
       ``(C) Failures to meet conditions.--If the Secretary of 
     Labor finds, after notice and opportunity for a hearing, a 
     failure to meet a condition of paragraph (1)(A), (1)(B), 
     (1)(D), (1)(F), (2)(A), (2)(B), or (2)(G) of section 218(b), 
     a substantial failure to meet a condition of paragraph 
     (1)(C), (1)(E), (2)(C), (2)(D), (2)(E), or (2)(H) of section 
     218(b), or a material misrepresentation of fact in an 
     application under section 218(a)--
       ``(i) the Secretary of Labor shall notify the Secretary 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
       ``(ii) the Secretary may disqualify the employer from the 
     employment of aliens described in section 
     101(a)(15)(H)(ii)(a) for a period of 1 year.
       ``(D) Willful failures and willful misrepresentations.--If 
     the Secretary of Labor finds, after notice and opportunity 
     for hearing, a willful failure to meet a condition of section 
     218(b), a willful misrepresentation of a material fact in an 
     application under section 218(a), or a violation of 
     subsection (d)(1)--
       ``(i) the Secretary of Labor shall notify the Secretary 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;
       ``(ii) the Secretary of Labor may seek appropriate legal or 
     equitable relief to effectuate the purposes of subsection 
     (d)(1); and
       ``(iii) the Secretary may disqualify the employer from the 
     employment of H-2A workers for a period of 2 years.
       ``(E) Displacement of united states workers.--If the 
     Secretary of Labor finds, after notice and opportunity for 
     hearing, a willful failure to meet a condition of section 
     218(b) or a willful misrepresentation of a material fact in 
     an application under section 218(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 application under section 218(a) 
     or during the period of 30 days preceding such period of 
     employment--
       ``(i) the Secretary of Labor shall notify the Secretary 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; and
       ``(ii) the Secretary may disqualify the employer from the 
     employment of H-2A workers for a period of 3 years.
       ``(F) Limitations on civil money penalties.--The Secretary 
     of Labor shall not impose total civil money penalties with 
     respect to an application under section 218(a) in excess of 
     $90,000.

[[Page S9801]]

       ``(G) 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 
     section 218A(b), 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 section 218A(b) shall be equal to the 
     difference between the amount that should have been paid and 
     the amount that actually was paid to such worker.
       ``(2) Statutory construction.--Nothing in this section 
     shall be construed as limiting the authority of the Secretary 
     of Labor to conduct any compliance investigation under any 
     other labor law, including any law affecting migrant and 
     seasonal agricultural workers, or, in the absence of a 
     complaint under this section, under section 218 or 218A.
       ``(b) Rights Enforceable by Private Right of Action.--H-2A 
     workers may enforce the following rights through the private 
     right of action provided in subsection (c), and no other 
     right of action shall exist under Federal or State law to 
     enforce such rights:
       ``(1) The providing of housing or a housing allowance as 
     required under section 218A(b)(1).
       ``(2) The reimbursement of transportation as required under 
     section 218A(b)(2).
       ``(3) The payment of wages required under section 
     218A(b)(3) when due.
       ``(4) The benefits and material terms and conditions of 
     employment expressly provided in the job offer described in 
     section 218(a)(2), not including the assurance to comply with 
     other Federal, State, and local labor laws described in 
     section 218A(c), compliance with which shall be governed by 
     the provisions of such laws.
       ``(5) The guarantee of employment required under section 
     218A(b)(4).
       ``(6) The motor vehicle safety requirements under section 
     218A(b)(5).
       ``(7) The prohibition of discrimination under subsection 
     (d)(2).
       ``(c) Private Right of Action.--
       ``(1) Mediation.--Upon the filing of a complaint by an H-2A 
     worker aggrieved by a violation of rights enforceable under 
     subsection (b), and within 60 days of the filing of proof of 
     service of the complaint, a party to the action may file a 
     request with the Federal Mediation and Conciliation Service 
     to assist the parties in reaching a satisfactory resolution 
     of all issues involving all parties to the dispute. Upon a 
     filing of such request and giving of notice to the parties, 
     the parties shall attempt mediation within the period 
     specified in subparagraph (B).
       ``(A) Mediation services.--The Federal Mediation and 
     Conciliation Service shall be available to assist in 
     resolving disputes arising under subsection (b) between H-2A 
     workers and agricultural employers without charge to the 
     parties.
       ``(B) 90-day limit.--The Federal Mediation and Conciliation 
     Service may conduct mediation or other non-binding dispute 
     resolution activities for a period not to exceed 90 days 
     beginning on the date on which the Federal Mediation and 
     Conciliation Service receives the request for assistance 
     unless the parties agree to an extension of this period of 
     time.
       ``(C) Authorization.--
       ``(i) In general.--Subject to clause (ii), there are 
     authorized to be appropriated to the Federal Mediation and 
     Conciliation Service $500,000 for each fiscal year to carry 
     out this section.
       ``(ii) Mediation.--Notwithstanding any other provision of 
     law, the Director of the Federal Mediation and Conciliation 
     Service is authorized to conduct the mediation or other 
     dispute resolution activities from any other appropriated 
     funds available to the Director and to reimburse such 
     appropriated funds when the funds are appropriated pursuant 
     to this authorization, such reimbursement to be credited to 
     appropriations currently available at the time of receipt.
       ``(2) Maintenance of civil action in district court by 
     aggrieved person.--An H-2A worker aggrieved by a violation of 
     rights enforceable under subsection (b) by an agricultural 
     employer or other person may file suit in any district court 
     of the United States having jurisdiction of the parties, 
     without regard to the amount in controversy, without regard 
     to the citizenship of the parties, and without regard to the 
     exhaustion of any alternative administrative remedies under 
     this Act, not later than 3 years after the date the violation 
     occurs.
       ``(3) Election.--An H-2A worker who has filed an 
     administrative complaint with the Secretary of Labor may not 
     maintain a civil action under paragraph (2) unless a 
     complaint based on the same violation filed with the 
     Secretary of Labor under subsection (a)(1) is withdrawn 
     before the filing of such action, in which case the rights 
     and remedies available under this subsection shall be 
     exclusive.
       ``(4) Preemption of state contract rights.--Nothing in this 
     Act shall be construed to diminish the rights and remedies of 
     an H-2A worker under any other Federal or State law or 
     regulation or under any collective bargaining agreement, 
     except that no court or administrative action shall be 
     available under any State contract law to enforce the rights 
     created by this Act.
       ``(5) Waiver of rights prohibited.--Agreements by employees 
     purporting to waive or modify their rights under this Act 
     shall be void as contrary to public policy, except that a 
     waiver or modification of the rights or obligations in favor 
     of the Secretary of Labor shall be valid for purposes of the 
     enforcement of this Act. The preceding sentence may not be 
     construed to prohibit agreements to settle private disputes 
     or litigation.
       ``(6) Award of damages or other equitable relief.--
       ``(A) If the court finds that the respondent has 
     intentionally violated any of the rights enforceable under 
     subsection (b), it shall award actual damages, if any, or 
     equitable relief.
       ``(B) Any civil action brought under this section shall be 
     subject to appeal as provided in chapter 83 of title 28, 
     United States Code.
       ``(7) Workers' compensation benefits; exclusive remedy.--
       ``(A) Notwithstanding any other provision of this section, 
     where a State's workers' compensation law is applicable and 
     coverage is provided for an H-2A worker, the workers' 
     compensation benefits shall be the exclusive remedy for the 
     loss of such worker under this section in the case of bodily 
     injury or death in accordance with such State's workers' 
     compensation law.
       ``(B) The exclusive remedy prescribed in subparagraph (A) 
     precludes the recovery under paragraph (6) of actual damages 
     for loss from an injury or death but does not preclude other 
     equitable relief, except that such relief shall not include 
     back or front pay or in any manner, directly or indirectly, 
     expand or otherwise alter or affect--
       ``(i) a recovery under a State workers' compensation law; 
     or
       ``(ii) rights conferred under a State workers' compensation 
     law.
       ``(8) Tolling of statute of limitations.--If it is 
     determined under a State workers' compensation law that the 
     workers' compensation law is not applicable to a claim for 
     bodily injury or death of an H-2A worker, the statute of 
     limitations for bringing an action for actual damages for 
     such injury or death under subsection (c) shall be tolled for 
     the period during which the claim for such injury or death 
     under such State workers' compensation law was pending. The 
     statute of limitations for an action for actual damages or 
     other equitable relief arising out of the same transaction or 
     occurrence as the injury or death of the H-2A worker shall be 
     tolled for the period during which the claim for such injury 
     or death was pending under the State workers' compensation 
     law.
       ``(9) Preclusive effect.--Any settlement by an H-2A worker 
     and an H-2A employer or any person reached through the 
     mediation process required under subsection (c)(1) shall 
     preclude any right of action arising out of the same facts 
     between the parties in any Federal or State court or 
     administrative proceeding, unless specifically provided 
     otherwise in the settlement agreement.
       ``(10) Settlements.--Any settlement by the Secretary of 
     Labor with an H-2A employer on behalf of an H-2A worker of a 
     complaint filed with the Secretary of Labor under this 
     section or any finding by the Secretary of Labor under 
     subsection (a)(1)(B) shall preclude any right of action 
     arising out of the same facts between the parties under any 
     Federal or State court or administrative proceeding, unless 
     specifically provided otherwise in the settlement agreement.
       ``(d) Discrimination Prohibited.--
       ``(1) In general.--It is a violation of this subsection for 
     any person who has filed an application under section 218(a), 
     to intimidate, threaten, restrain, coerce, blacklist, 
     discharge, or in any other manner discriminate against an 
     employee (which term, for purposes of this subsection, 
     includes a former employee and an applicant for employment) 
     because the employee has disclosed information to the 
     employer, or to any other person, that the employee 
     reasonably believes evidences a violation of section 218 or 
     218A or any rule or regulation pertaining to section 218 or 
     218A, or because the employee cooperates or seeks to 
     cooperate in an investigation or other proceeding concerning 
     the employer's compliance with the requirements of section 
     218 or 218A or any rule or regulation pertaining to either of 
     such sections.
       ``(2) Discrimination against h-2a workers.--It is a 
     violation of this subsection for any person who has filed an 
     application under section 218(a), to intimidate, threaten, 
     restrain, coerce, blacklist, discharge, or in any manner 
     discriminate against an H-2A employee because such worker 
     has, with just cause, filed a complaint with the Secretary of 
     Labor regarding a denial of the rights enumerated and 
     enforceable under subsection (b) or instituted, or caused to 
     be instituted, a private right of action under subsection (c) 
     regarding the denial of the rights enumerated under 
     subsection (b), or has testified or is about to testify in 
     any court proceeding brought under subsection (c).
       ``(e) Authorization To Seek Other Appropriate Employment.--
     The Secretary of Labor and the Secretary shall establish a 
     process under which an H-2A worker who files a complaint 
     regarding a violation of subsection (d) and is otherwise 
     eligible to remain and work in the United States may be 
     allowed to seek other appropriate employment in the United 
     States for a period not to exceed the maximum period of stay 
     authorized for such nonimmigrant classification.
       ``(f) Role of Associations.--
       ``(1) Violation by a member of an association.--An employer 
     on whose behalf an application is filed by an association 
     acting as

[[Page S9802]]

     its agent is fully responsible for such application, and for 
     complying with the terms and conditions of sections 218 and 
     218A, as though the employer had filed the application 
     itself. If such an employer is determined, under this 
     section, to have committed a violation, the penalty for such 
     violation 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, or reason to 
     know, of the violation, in which case the penalty shall be 
     invoked against the association or other association member 
     as well.
       ``(2) Violations by an association acting as an employer.--
     If an association filing an application as a sole or joint 
     employer is determined to have committed a violation under 
     this section, the penalty for such violation shall apply only 
     to the association unless the Secretary of Labor determines 
     that an association member or members participated in or had 
     knowledge, or reason to know of the violation, in which case 
     the penalty shall be invoked against the association member 
     or members as well.

     ``SEC. 218D. DEFINITIONS.

       ``For purposes of this section and section 218, 218A, 218B, 
     and 218C:
       ``(1) Agricultural employment.--The term `agricultural 
     employment' 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 (26 U.S.C. 3121(g)). For purposes of this paragraph, 
     agricultural employment includes employment under section 
     101(a)(15)(H)(ii)(a).
       ``(2) Bona fide union.--The term `bona fide union' means 
     any organization in which employees participate and which 
     exists for the purpose of dealing with employers concerning 
     grievances, labor disputes, wages, rates of pay, hours of 
     employment, or other terms and conditions of work for 
     agricultural employees. Such term does not include an 
     organization formed, created, administered, supported, 
     dominated, financed, or controlled by an employer or employer 
     association or its agents or representatives.
       ``(3) Displace.--The term `displace', in the case of an 
     application with respect to 1 or more H-2A workers by an 
     employer, means laying off a United States worker from a job 
     for which the H-2A worker or workers is or are sought.
       ``(4) Eligible.--The term `eligible', when used with 
     respect to an individual, means an individual who is not an 
     unauthorized alien (as defined in section 274A).
       ``(5) Employer.--The term `employer' means any person or 
     entity, including any farm labor contractor and any 
     agricultural association, that employs workers in 
     agricultural employment.
       ``(6) H-2a employer.--The term `H-2A employer' means an 
     employer who seeks to hire 1 or more nonimmigrant aliens 
     described in section 101(a)(15)(H)(ii)(a).
       ``(7) H-2a worker.--The term `H-2A worker' means a 
     nonimmigrant described in section 101(a)(15)(H)(ii)(a).
       ``(8) Job opportunity.--The term `job opportunity' means a 
     job opening for temporary full-time employment at a place in 
     the United States to which United States workers can be 
     referred.
       ``(9) 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, contract impossibility (as described in 
     section 218A(b)(4)(D)), or temporary layoffs due to weather, 
     markets, or other temporary conditions; but
       ``(ii) does not include any situation in which the worker 
     is offered, as an alternative to such loss of employment, a 
     similar employment opportunity with the same employer (or, in 
     the case of a placement of a worker with another employer 
     under section 218(b)(2)(E), with either employer described in 
     such section) 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) Statutory construction.--Nothing in this paragraph is 
     intended to limit an employee's rights under a collective 
     bargaining agreement or other employment contract.
       ``(10) Regulatory drought.--The term `regulatory drought' 
     means a decision subsequent to the filing of the application 
     under section 218 by an entity not under the control of the 
     employer making such filing which restricts the employer's 
     access to water for irrigation purposes and reduces or limits 
     the employer's ability to produce an agricultural commodity, 
     thereby reducing the need for labor.
       ``(11) Seasonal.--Labor is performed on a `seasonal' basis 
     if--
       ``(A) ordinarily, it pertains to or is of the kind 
     exclusively performed at certain seasons or periods of the 
     year; and
       ``(B) from its nature, it may not be continuous or carried 
     on throughout the year.
       ``(12) Secretary.--The term `Secretary' means the Secretary 
     of Homeland Security.
       ``(13) Temporary.--A worker is employed on a `temporary' 
     basis where the employment is intended not to exceed 10 
     months.
       ``(14) 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, who is authorized to work in the job 
     opportunity within the United States, except an alien 
     admitted or otherwise provided status under section 
     101(a)(15)(H)(ii)(a).''.
       (b) Table of Contents.--The table of contents of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended by striking the item relating to section 218 and 
     inserting the following:

``Sec. 218. H-2A employer applications
``Sec. 218A. H-2A employment requirements
``Sec. 218B. Procedure for admission and extension of stay of H-2A 
              workers
``Sec. 218C. Worker protections and labor standards enforcement
``Sec. 218D. Definitions''.

                  Subtitle C--MISCELLANEOUS PROVISIONS

     SEC. 231. DETERMINATION AND USE OF USER FEES.

       (a) Schedule of Fees.--The Secretary shall establish and 
     periodically adjust a schedule of fees for the employment of 
     aliens under this title and the amendments made by this 
     title, and a collection process for such fees from employers 
     participating in the program provided under this title. Such 
     fees shall be the only fees chargeable to employers for 
     services provided under this title.
       (b) Determination of Schedule.--
       (1) In general.--The schedule under subsection (a) shall 
     reflect a fee rate based on the number of job opportunities 
     indicated in the employer's application under section 218 of 
     the Immigration and Nationality Act, as amended by section 
     221 of this Act, and sufficient to provide for the direct 
     costs of providing services related to an employer's 
     authorization to employ eligible aliens pursuant to this 
     title, to include the certification of eligible employers, 
     the issuance of documentation, and the admission of eligible 
     aliens.
       (2) Procedure.--
       (A) In general.--In establishing and adjusting such a 
     schedule, the Secretary shall comply with Federal cost 
     accounting and fee setting standards.
       (B) Publication and comment.--The Secretary shall publish 
     in the Federal Register an initial fee schedule and 
     associated collection process and the cost data or estimates 
     upon which such fee schedule is based, and any subsequent 
     amendments thereto, pursuant to which public comment shall be 
     sought and a final rule issued.
       (c) Use of Proceeds.--Notwithstanding any other provision 
     of law, all proceeds resulting from the payment of the alien 
     employment user fees shall be available without further 
     appropriation and shall remain available without fiscal year 
     limitation to reimburse the Secretary, the Secretary of 
     State, and the Secretary of Labor for the costs of carrying 
     out sections 218 and 218B of the Immigration and Nationality 
     Act, as amended and added, respectively by section 221 of 
     this Act, and the provisions of this title.

     SEC. 232. REGULATIONS.

       (a) Regulations of the Secretary.--The Secretary shall 
     consult with the Secretary of Labor and the Secretary of 
     Agriculture on all regulations to implement the duties of the 
     Secretary under this title and the amendments made by this 
     title.
       (b) Regulations of the Secretary of State.--The Secretary 
     of State shall consult with the Secretary, the Secretary of 
     Labor, and the Secretary of Agriculture on all regulations to 
     implement the duties of the Secretary of State under this 
     title and the amendments made by this title.
       (c) Regulations of the Secretary of Labor.--The Secretary 
     of Labor shall consult with the Secretary of Agriculture and 
     the Secretary on all regulations to implement the duties of 
     the Secretary of Labor under this title and the amendments 
     made by this title.
       (d) Deadline for Issuance of Regulations.--All regulations 
     to implement the duties of the Secretary, the Secretary of 
     State, and the Secretary of Labor created under sections 218, 
     218A, 218B, 218C, and 218D of the Immigration and Nationality 
     Act, as added by section 221 of this Act, shall take effect 
     on the effective date of section 221 and shall be issued not 
     later than 1 year after the date of enactment of this Act.

     SEC. 233. REPORTS TO CONGRESS.

       (a) Annual Report.--Not later than September 30 of each 
     year, the Secretary shall submit a report to Congress that 
     identifies, for the previous year--
       (1) the number of job opportunities approved for employment 
     of aliens admitted under section 101(a)(15)(H)(ii)(a) of the 
     Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)(H)(ii)(a)), and the number of workers actually 
     admitted, by State and by occupation;
       (2) the number of such aliens reported to have abandoned 
     employment pursuant to subsection 218B(e)(2) of such Act;
       (3) the number of such aliens who departed the United 
     States within the period specified in subsection 218B(d) of 
     such Act;
       (4) the number of aliens who applied for adjustment of 
     status pursuant to section 211(a);
       (5) the number of such aliens whose status was adjusted 
     under section 211(a);
       (6) the number of aliens who applied for permanent 
     residence pursuant to section 211(c); and
       (7) the number of such aliens who were approved for 
     permanent residence pursuant section 211(c).
       (b) Implementation Report.--Not later than 180 days after 
     the date of the enactment

[[Page S9803]]

     of this Act, the Secretary shall prepare and submit to 
     Congress a report that describes the measures being taken and 
     the progress made in implementing this title.

     SEC. 234. EFFECTIVE DATE.

       Except as otherwise provided, sections 221 and 231 shall 
     take effect 1 year after the date of the enactment of this 
     Act.
                                 ______
                                 
  SA 5022. Mr. CRAIG (for himself and Mrs. Feinstein) submitted an 
amendment intended to be proposed by him to the bill H.R. 6061, to 
establish operational control over the international land and maritime 
borders of the United States; which was ordered to lie on the table; as 
follows:

       On page 7, after line 10, insert the following:

    TITLE II--AGRICULTURAL JOB OPPORTUNITIES, BENEFITS, AND SECURITY

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Agricultural Job 
     Opportunities, Benefits, and Security Act of 2006'' or the 
     ``AgJOBS Act of 2006''.

     SEC. 202. DEFINITIONS.

       In this title:
       (1) Agricultural employment.--The term ``agricultural 
     employment'' 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 (26 U.S.C. 3121(g)). For purposes of this paragraph, 
     agricultural employment includes employment under section 
     101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(15)(H)(ii)(a)).
       (2) Blue card status.--The term ``blue card status'' means 
     the status of an alien who has been lawfully admitted into 
     the United States for temporary residence under section 
     211(a).
       (3) Department.--The term ``Department'' means the 
     Department of Homeland Security.
       (4) Employer.--The term ``employer'' means any person or 
     entity, including any farm labor contractor and any 
     agricultural association, that employs workers in 
     agricultural employment.
       (5) Job opportunity.--The term ``job opportunity'' means a 
     job opening for temporary full-time employment at a place in 
     the United States to which United States workers can be 
     referred.
       (6) Secretary.--Except as otherwise provided, the term 
     ``Secretary'' means the Secretary of Homeland Security.
       (7) Temporary.--A worker is employed on a ``temporary'' 
     basis where the employment is intended not to exceed 10 
     months.
       (8) 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, who is authorized to work in the job 
     opportunity within the United States, except an alien 
     admitted or otherwise provided status under section 
     101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(15)(H)(ii)(a)).
       (9) Work day.--The term ``work day'' means any day in which 
     the individual is employed 5.75 or more hours in agricultural 
     employment.

Subtitle A--Pilot Program for Earned Status Adjustment of Agricultural 
                                Workers

     SEC. 211. AGRICULTURAL WORKERS.

       (a) Blue Card Program.--
       (1) In general.--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 performed agricultural employment in the United 
     States for at least 863 hours or 150 work days during the 24-
     month period ending on December 31, 2005;
       (B) applied for such status during the 18-month application 
     period beginning on the first day of the seventh month that 
     begins after the date of enactment of this Act;
       (C) is otherwise admissible to the United States under 
     section 212 of the Immigration and Nationality Act (8 U.S.C. 
     1182), except as otherwise provided under subsection (e)(2); 
     and
       (D) has not been convicted of any felony or a misdemeanor, 
     an element of which involves bodily injury, threat of serious 
     bodily injury, or harm to property in excess of $500.
       (2) Authorized travel.--An alien in blue card status has 
     the right to travel abroad (including commutation from a 
     residence abroad) in the same manner as an alien lawfully 
     admitted for permanent residence.
       (3) Authorized employment.--An alien in blue card status 
     shall be provided an ``employment authorized'' endorsement or 
     other appropriate work permit, in the same manner as an alien 
     lawfully admitted for permanent residence.
       (4) Termination of blue card status.--
       (A) In general.--The Secretary may terminate blue card 
     status granted under this subsection only upon a 
     determination under this title that the alien is deportable.
       (B) Grounds for termination of blue card status.--Before 
     any alien becomes eligible for adjustment of status under 
     subsection (c), the Secretary may deny adjustment to 
     permanent resident status and provide for termination of the 
     blue card status granted such alien under paragraph (1) if--
       (i) the Secretary finds, by a preponderance of the 
     evidence, that the adjustment to blue card status was the 
     result of fraud or willful misrepresentation (as described in 
     section 212(a)(6)(C)(i) of the Immigration and Nationality 
     Act (8 U.S.C. 1182(a)(6)(C)(i)); or
       (ii) the alien--

       (I) commits an act that makes the alien inadmissible to the 
     United States as an immigrant, except as provided under 
     subsection (e)(2);
       (II) is convicted of a felony or 3 or more misdemeanors 
     committed in the United States;
       (III) is convicted of an offense, an element of which 
     involves bodily injury, threat of serious bodily injury, or 
     harm to property in excess of $500; or
       (IV) fails to perform the agricultural employment required 
     under subsection (c)(1)(A)(i) unless the alien was unable to 
     work in agricultural employment due to the extraordinary 
     circumstances described in subsection (c)(1)(A)(iii).

       (5) Record of employment.--
       (A) In general.--Each employer of a worker granted status 
     under this subsection shall annually--
       (i) provide a written record of employment to the alien; 
     and
       (ii) provide a copy of such record to the Secretary.
       (B) Sunset.--The obligation under subparagraph (A) shall 
     terminate on the date that is 6 years after the date of the 
     enactment of this Act.
       (6) Required features of blue card.--The Secretary shall 
     provide each alien granted blue card status and the spouse 
     and children of each such alien residing in the United States 
     with a card that contains--
       (A) an encrypted, machine-readable, electronic 
     identification strip that is unique to the alien to whom the 
     card is issued;
       (B) biometric identifiers, including fingerprints and a 
     digital photograph; and
       (C) physical security features designed to prevent 
     tampering, counterfeiting, or duplication of the card for 
     fraudulent purposes.
       (7) Fine.--An alien granted blue card status shall pay a 
     fine to the Secretary in an amount equal to $100.
       (8) Maximum number.--The Secretary may issue not more than 
     1,500,000 blue cards during the 5-year period beginning on 
     the date of the enactment of this Act.
       (b) Rights of Aliens Granted Blue Card Status.--
       (1) In general.--Except as otherwise provided under this 
     subsection, an alien in blue card status shall be considered 
     to be an alien lawfully admitted for permanent residence for 
     purposes of any law other than any provision of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (2) Delayed eligibility for certain federal public 
     benefits.--An alien in blue card status shall not be 
     eligible, by reason of such status, for any form of 
     assistance or benefit described in section 403(a) of the 
     Personal Responsibility and Work Opportunity Reconciliation 
     Act of 1996 (8 U.S.C. 1613(a)) until 5 years after the date 
     on which the alien is granted permanent resident status under 
     subsection (c).
       (3) Terms of employment respecting aliens admitted under 
     this section.--
       (A) Prohibition.--No alien granted blue card status may be 
     terminated from employment by any employer during the period 
     of blue card status except for just cause.
       (B) Treatment of complaints.--
       (i) Establishment of process.--The Secretary shall 
     establish a process for the receipt, initial review, and 
     disposition of complaints by aliens granted blue card status 
     who allege that they have been terminated without just cause. 
     No proceeding shall be conducted under this subparagraph with 
     respect to a termination unless the Secretary determines that 
     the complaint was filed not later than 6 months after the 
     date of the termination.
       (ii) Initiation of arbitration.--If the Secretary finds 
     that a complaint has been filed in accordance with clause (i) 
     and there is reasonable cause to believe that the complainant 
     was terminated without just cause, the Secretary shall 
     initiate binding arbitration proceedings by requesting the 
     Federal Mediation and Conciliation Service to appoint a 
     mutually agreeable arbitrator from the roster of arbitrators 
     maintained by such Service for the geographical area in which 
     the employer is located. The procedures and rules of such 
     Service shall be applicable to the selection of such 
     arbitrator and to such arbitration proceedings. The Secretary 
     shall pay the fee and expenses of the arbitrator, subject to 
     the availability of appropriations for such purpose.
       (iii) Arbitration proceedings.--The arbitrator shall 
     conduct the proceeding in accordance with the policies and 
     procedures promulgated by the American Arbitration 
     Association applicable to private arbitration of employment 
     disputes. The arbitrator shall make findings respecting 
     whether the termination was for just cause. The arbitrator 
     may not find that the termination was for just cause unless 
     the employer so demonstrates by a preponderance of the 
     evidence. If the arbitrator finds that the termination was 
     not for just cause, the arbitrator shall make a specific 
     finding of the number of days or hours of work lost by the 
     employee as a result of the termination. The arbitrator shall 
     have no authority to order any other remedy, including 
     reinstatement, back pay, or front pay to the affected 
     employee. Within 30 days from the conclusion of the 
     arbitration proceeding, the arbitrator shall

[[Page S9804]]

     transmit the findings in the form of a written opinion to the 
     parties to the arbitration and the Secretary. Such findings 
     shall be final and conclusive, and no official or court of 
     the United States shall have the power or jurisdiction to 
     review any such findings.
       (iv) Effect of arbitration findings.--If the Secretary 
     receives a finding of an arbitrator that an employer has 
     terminated an alien granted blue card status without just 
     cause, the Secretary shall credit the alien for the number of 
     days or hours of work lost for purposes of the requirement of 
     subsection (c)(1).
       (v) Treatment of attorney's fees.--The parties shall bear 
     the cost of their own attorney's fees involved in the 
     litigation of the complaint.
       (vi) Nonexclusive remedy.--The complaint process provided 
     for in this subparagraph is in addition to any other rights 
     an employee may have in accordance with applicable law.
       (vii) Effect on other actions or proceedings.--Any finding 
     of fact or law, judgment, conclusion, or final order made by 
     an arbitrator in the proceeding before the Secretary shall 
     not be conclusive or binding in any separate or subsequent 
     action or proceeding between the employee and the employee's 
     current or prior employer brought before an arbitrator, 
     administrative agency, court, or judge of any State or the 
     United States, regardless of whether the prior action was 
     between the same or related parties or involved the same 
     facts, except that the arbitrator's specific finding of the 
     number of days or hours of work lost by the employee as a 
     result of the employment termination may be referred to the 
     Secretary pursuant to clause (iv).
       (C) Civil penalties.--
       (i) In general.--If the Secretary finds, after notice and 
     opportunity for a hearing, that an employer of an alien 
     granted blue card status has failed to provide the record of 
     employment required under subsection (a)(5) or has provided a 
     false statement of material fact in such a record, the 
     employer shall be subject to a civil money penalty in an 
     amount not to exceed $1,000 per violation.
       (ii) Limitation.--The penalty applicable under clause (i) 
     for failure to provide records shall not apply unless the 
     alien has provided the employer with evidence of employment 
     authorization granted under this section.
       (c) Adjustment to Permanent Residence.--
       (1) Agricultural workers.--
       (A) In general.--Except as provided in subparagraph (B), 
     the Secretary shall adjust the status of an alien granted 
     blue card status to that of an alien lawfully admitted for 
     permanent residence if the Secretary determines that the 
     following requirements are satisfied:
       (i) Qualifying employment.--

       (I) In general.--Subject to subclause (II), the alien has 
     performed at least--

       (aa) 5 years of agricultural employment in the United 
     States for at least 100 work days per year, during the 5-year 
     period beginning on the date of the enactment of this Act; or
       (bb) 3 years of agricultural employment in the United 
     States for at least 150 work days per year, during the 3-year 
     period beginning on the date of the enactment of this Act.

       (II) 4-year period of employment.--An alien shall be 
     considered to meet the requirements of subclause (I) if the 
     alien has performed 4 years of agricultural employment in the 
     United States for at least 150 work days during 3 years of 
     those 4 years and at least 100 work days during the remaining 
     year, during the 4-year period beginning on the date of the 
     enactment of this Act.

       (ii) Proof.--An alien may demonstrate compliance with the 
     requirement under clause (i) by submitting--

       (I) the record of employment described in subsection 
     (a)(5); or
       (II) such documentation as may be submitted under 
     subsection (d)(3).

       (iii) Extraordinary circumstances.--In determining whether 
     an alien has met the requirement under clause (i)(I), the 
     Secretary may credit the alien with not more than 12 
     additional months to meet the requirement under clause (i) if 
     the alien was unable to work in agricultural employment due 
     to--

       (I) pregnancy, injury, or disease, if the alien can 
     establish such pregnancy, disabling injury, or disease 
     through medical records;
       (II) illness, disease, or other special needs of a minor 
     child, if the alien can establish such illness, disease, or 
     special needs through medical records; or
       (III) severe weather conditions that prevented the alien 
     from engaging in agricultural employment for a significant 
     period of time.

       (iv) Application period.--The alien applies for adjustment 
     of status not later than 7 years after the date of the 
     enactment of this Act.
       (v) Fine.--The alien pays a fine to the Secretary in an 
     amount equal to $400.
       (B) Grounds for denial of adjustment of status.--The 
     Secretary may deny an alien adjustment to permanent resident 
     status, and provide for termination of the blue card status 
     granted such alien, if--
       (i) the Secretary finds by a preponderance of the evidence 
     that the adjustment to blue card status was the result of 
     fraud or willful misrepresentation, as described in section 
     212(a)(6)(C)(i) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(6)(C)(i)); or
       (ii) the alien--

       (I) commits an act that makes the alien inadmissible to the 
     United States under section 212 of the Immigration and 
     Nationality Act (8 U.S.C. 1182), except as provided under 
     subsection (e)(2);
       (II) is convicted of a felony or 3 or more misdemeanors 
     committed in the United States; or
       (III) is convicted of an offense, an element of which 
     involves bodily injury, threat of serious bodily injury, or 
     harm to property in excess of $500.

       (C) Grounds for removal.--Any alien granted blue card 
     status who does not apply for adjustment of status under this 
     subsection before the expiration of the application period 
     described in subparagraph (A)(iv), or who fails to meet the 
     other requirements of subparagraph (A) by the end of the 
     applicable period, is deportable and may be removed under 
     section 240 of the Immigration and Nationality Act (8 U.S.C. 
     1229a).
       (D) Payment of taxes.--
       (i) In general.--Not later than the date on which an 
     alien's status is adjusted under this subsection, the alien 
     shall establish the payment of any applicable Federal tax 
     liability by establishing that--

       (I) no such tax liability exists;
       (II) all outstanding liabilities have been paid; or
       (III) the alien has entered into an agreement for payment 
     of all outstanding liabilities with the Internal Revenue 
     Service.

       (ii) Applicable federal tax liability.--For purposes of 
     clause (i), the term ``applicable Federal tax liability'' 
     means liability for Federal taxes, including penalties and 
     interest, owed for any year during the period of employment 
     required under paragraph (1)(A) for which the statutory 
     period for assessment of any deficiency for such taxes has 
     not expired.
       (iii) IRS cooperation.--The Secretary of the Treasury shall 
     establish rules and procedures under which the Commissioner 
     of Internal Revenue shall provide documentation to an alien 
     upon request to establish the payment of all taxes required 
     by this subparagraph.
       (2) Spouses and minor children.--
       (A) In general.--Notwithstanding any other provision of 
     law, the Secretary shall confer the status of lawful 
     permanent resident on the spouse and minor child of an alien 
     granted status under paragraph (1), including any individual 
     who was a minor child on the date such alien was granted blue 
     card status, if the spouse or minor child applies for such 
     status, or if the principal alien includes the spouse or 
     minor child in an application for adjustment of status to 
     that of a lawful permanent resident.
       (B) Treatment of spouses and minor children before 
     adjustment of status.--
       (i) Removal.--The spouse and any minor child of an alien 
     granted blue card status may not be removed while such alien 
     maintains such status, except as provided in subparagraph 
     (C).
       (ii) Travel.--The spouse and any minor child of an alien 
     granted blue card status may travel outside the United States 
     in the same manner as an alien lawfully admitted for 
     permanent residence.
       (iii) Employment.--The spouse of an alien granted blue card 
     status may apply to the Secretary for a work permit to 
     authorize such spouse to engage in any lawful employment in 
     the United States while such alien maintains blue card 
     status.
       (C) Grounds for denial of adjustment of status and 
     removal.--The Secretary may deny an alien spouse or child 
     adjustment of status under subparagraph (A) and may remove 
     such spouse or child under section 240 of the Immigration and 
     Nationality Act (8 U.S.C. 1229a) if the spouse or child--
       (i) commits an act that makes the alien spouse or child 
     inadmissible to the United States under section 212 of such 
     Act (8 U.S.C. 1182), except as provided under subsection 
     (e)(2);
       (ii) is convicted of a felony or 3 or more misdemeanors 
     committed in the United States; or
       (iii) is convicted of an offense, an element of which 
     involves bodily injury, threat of serious bodily injury, or 
     harm to property in excess of $500.
       (d) Applications.--
       (1) To whom may be made.--The Secretary shall provide 
     that--
       (A) applications for blue card status may be filed--
       (i) with the Secretary, but only if the applicant is 
     represented by an attorney or a non-profit religious, 
     charitable, social service, or similar organization 
     recognized by the Board of Immigration Appeals under section 
     292.2 of title 8, Code of Federal Regulations; or
       (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; and
       (B) applications for adjustment of status under subsection 
     (c) shall be filed directly with 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

[[Page S9805]]

     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 
     title 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) or (c)(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) or (c)(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) or (c)(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) or 
     (c)(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)(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).
       (6) Confidentiality of information.--
       (A) In general.--Except as otherwise provided in this 
     subsection, neither the Secretary, nor any other official or 
     employee of the Department, or a bureau or agency of the 
     Department, may--
       (i) use the information furnished by the applicant pursuant 
     to an application filed under this section, the information 
     provided to the applicant by a person designated under 
     paragraph (2)(A), or any information provided by an employer 
     or former employer, for any purpose other than to make a 
     determination on the application, or for enforcement of 
     paragraph (7);
       (ii) make any publication whereby the information furnished 
     by any particular individual can be identified; or
       (iii) permit anyone other than the sworn officers and 
     employees of the Department, or a bureau or agency of the 
     Department, or, with respect to applications filed with a 
     qualified designated entity, that qualified designated 
     entity, to examine individual applications.
       (B) Required disclosures.--The Secretary shall provide the 
     information furnished under this section, or any other 
     information derived from such furnished information, to--
       (i) a duly recognized law enforcement entity in connection 
     with a criminal investigation or prosecution, if such 
     information is requested in writing by such entity; or
       (ii) an official coroner, for purposes of affirmatively 
     identifying a deceased individual, whether or not the death 
     of such individual resulted from a crime.
       (C) Construction.--
       (i) In general.--Nothing in this paragraph shall be 
     construed to limit the use, or release, for immigration 
     enforcement purposes or law enforcement purposes of 
     information contained in files or records of the Department 
     pertaining to an application filed under this section, other 
     than information furnished by an applicant pursuant to the 
     application, or any other information derived from the 
     application, that is not available from any other source.
       (ii) Criminal convictions.--Information concerning whether 
     the applicant has at any time been convicted of a crime may 
     be used or released for immigration enforcement or law 
     enforcement purposes.
       (D) Crime.--Any person who knowingly uses, publishes, or 
     permits information to be examined in violation of this 
     paragraph shall be subject to a fine in an amount not to 
     exceed $10,000.
       (7) Penalties for false statements in applications.--
       (A) Criminal penalty.--Any person who--
       (i) files an application for status under subsection (a) or 
     (c) 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) Eligibility for legal services.--Section 504(a)(11) of 
     Public Law 104-134 (110 Stat. 1321-53 et seq.) shall not be 
     construed to prevent a recipient of funds under the Legal 
     Services Corporation Act (42 U.S.C. 2996 et seq.) from 
     providing legal assistance directly related to an application 
     for adjustment of status under this section.
       (9) 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 subsections (a) and (c); 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 
     subsections (a) and (c).
       (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) or an alien's eligibility for adjustment 
     of status under subsection (c)(1)(B)(ii)(I), the following 
     rules shall apply:
       (A) Grounds of exclusion not applicable.--The provisions of 
     paragraphs (5), (6)(A), (7), and (9) of section 212(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not 
     apply.
       (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 
     blue card status (but for the fact that the alien may not 
     apply for such status until the beginning of such period), 
     until the alien has had the opportunity during the first 30 
     days of the application period to complete the filing of an 
     application for blue card status, the alien--
       (A) may not be removed; and
       (B) shall be granted authorization to engage in employment 
     in the United States and be provided an ``employment 
     authorized'' endorsement or other appropriate work permit for 
     such purpose.
       (2) During application period.--The Secretary shall provide 
     that, in the case of an alien who presents a nonfrivolous 
     application for blue card status during the application 
     period described in subsection (a)(1)(B),

[[Page S9806]]

     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 such sums as may be 
     necessary to implement this section, including any sums 
     needed for costs associated with the initiation of such 
     implementation, for fiscal years 2007 and 2008.

     SEC. 212. CORRECTION OF SOCIAL SECURITY RECORDS.

       (a) In General.--Section 208(e)(1) of the Social Security 
     Act (42 U.S.C. 408(e)(1)) is amended--
       (1) in subparagraph (B)(ii), by striking ``or'' at the end;
       (2) in subparagraph (C), by inserting ``or'' at the end;
       (3) by inserting after subparagraph (C) the following:
       ``(D) who is granted blue card status under the 
     Agricultural Job Opportunity, Benefits, and Security Act of 
     2006,''; and
       (4) by striking ``1990.'' and inserting ``1990, or in the 
     case of an alien described in subparagraph (D), if such 
     conduct is alleged to have occurred before the date on which 
     the alien was granted blue card status.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the first day of the seventh month that 
     begins after the date of the enactment of this Act.

               Subtitle B--Reform of H-2A Worker Program

     SEC. 221. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT.

       (a) In General.--Title II of the Immigration and 
     Nationality Act (8 U.S.C. 1151 et seq.) is amended by 
     striking section 218 and inserting the following:

     ``SEC. 218. H-2A EMPLOYER APPLICATIONS.

       ``(a) Applications to the Secretary of Labor.--
       ``(1) In general.--No alien may be admitted to the United 
     States as an H-2A worker, or otherwise provided status as an 
     H-2A worker, unless the employer has filed with the Secretary 
     of Labor an application containing--
       ``(A) the assurances described in subsection (b);
       ``(B) a description of the nature and location of the work 
     to be performed;
       ``(C) the anticipated period (expected beginning and ending 
     dates) for which the workers will be needed; and
       ``(D) the number of job opportunities in which the employer 
     seeks to employ the workers.
       ``(2) Accompanied by job offer.--Each application filed 
     under paragraph (1) shall be accompanied by a copy of the job 
     offer describing the wages and other terms and conditions of 
     employment and the bona fide occupational qualifications that 
     shall be possessed by a worker to be employed in the job 
     opportunity in question.
       ``(b) Assurances for Inclusion in Applications.--The 
     assurances referred to in subsection (a)(1) are the 
     following:
       ``(1) Job opportunities covered by collective bargaining 
     agreements.--With respect to a job opportunity that is 
     covered under a collective bargaining agreement:
       ``(A) Union contract described.--The job opportunity is 
     covered by a union contract which was negotiated at arm's 
     length between a bona fide union and the employer.
       ``(B) 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.
       ``(C) Notification of bargaining representatives.--The 
     employer, at the time of filing the application, has provided 
     notice of the filing under this paragraph to the bargaining 
     representative of the employer's employees in the 
     occupational classification at the place or places of 
     employment for which aliens are sought.
       ``(D) Temporary or seasonal job opportunities.--The job 
     opportunity is temporary or seasonal.
       ``(E) Offers to united states workers.--The employer has 
     offered or will offer the job to any eligible United States 
     worker who applies and is equally or better qualified for the 
     job for which the nonimmigrant is, or the nonimmigrants are, 
     sought and who will be available at the time and place of 
     need.
       ``(F) Provision of insurance.--If the job opportunity is 
     not covered by the 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's workers' 
     compensation law for comparable employment.
       ``(2) Job opportunities not covered by collective 
     bargaining agreements.--With respect to a job opportunity 
     that is not covered under a collective bargaining agreement:
       ``(A) 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.
       ``(B) Temporary or seasonal job opportunities.--The job 
     opportunity is temporary or seasonal.
       ``(C) Benefit, wage, and working conditions.--The employer 
     will provide, at a minimum, the benefits, wages, and working 
     conditions required by section 218A to all workers employed 
     in the job opportunities for which the employer has applied 
     under subsection (a) and to all other workers in the same 
     occupation at the place of employment.
       ``(D) 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 for 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.
       ``(E) Requirements for placement of nonimmigrant with other 
     employers.--The employer will not place the nonimmigrant with 
     another employer unless--
       ``(i) the nonimmigrant performs duties in whole or in part 
     at 1 or more work sites owned, operated, or controlled by 
     such other employer;
       ``(ii) there are indicia of an employment relationship 
     between the nonimmigrant and such other employer; and
       ``(iii) the employer has inquired of the other employer as 
     to whether, and has no actual knowledge or notice that, 
     during the period of employment and for a period of 30 days 
     preceding the period of employment, the other employer has 
     displaced or intends to displace a United States worker 
     employed by the other employer in the occupation at the place 
     of employment for which the employer seeks approval to employ 
     H-2A workers.
       ``(F) Statement of liability.--The application form shall 
     include a clear statement explaining the liability under 
     subparagraph (E) of an employer if the other employer 
     described in such subparagraph displaces a United States 
     worker as described in such subparagraph.
       ``(G) Provision of insurance.--If the job opportunity is 
     not covered by the 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's workers' 
     compensation law for comparable employment.
       ``(H) Employment of united states workers.--
       ``(i) Recruitment.--The employer has taken or will take the 
     following steps to recruit United States workers for the job 
     opportunities for which the H-2A nonimmigrant is, or H-2A 
     nonimmigrants are, sought:

       ``(I) Contacting former workers.--The employer shall make 
     reasonable efforts through the sending of a letter by United 
     States Postal Service mail, or otherwise, to contact any 
     United States worker the employer employed during the 
     previous season in the occupation at the place of intended

[[Page S9807]]

     employment for which the employer is applying for workers and 
     has made the availability of the employer's job opportunities 
     in the occupation at the place of intended employment known 
     to such previous workers, unless the worker was terminated 
     from employment by the employer for a lawful job-related 
     reason or abandoned the job before the worker completed the 
     period of employment of the job opportunity for which the 
     worker was hired.
       ``(II) Filing a job offer with the local office of the 
     state employment security agency.--Not later than 28 days 
     before the date on which the employer desires to employ an H-
     2A worker in a temporary or seasonal agricultural job 
     opportunity, the employer shall submit a copy of the job 
     offer described in subsection (a)(2) to the local office of 
     the State employment security agency which serves the area of 
     intended employment and authorize the posting of the job 
     opportunity on `America's Job Bank' or other electronic job 
     registry, except that nothing in this subclause shall require 
     the employer to file an interstate job order under section 
     653 of title 20, Code of Federal Regulations.
       ``(III) Advertising of job opportunities.--Not later than 
     14 days before the date on which the employer desires to 
     employ an H-2A worker in a temporary or seasonal agricultural 
     job opportunity, the employer shall advertise the 
     availability of the job opportunities for which the employer 
     is seeking workers in a publication in the local labor market 
     that is likely to be patronized by potential farm workers.
       ``(IV) Emergency procedures.--The Secretary of Labor shall, 
     by regulation, provide a procedure for acceptance and 
     approval of applications in which the employer has not 
     complied with the provisions of this subparagraph because the 
     employer's need for H-2A workers could not reasonably have 
     been foreseen.

       ``(ii) Job offers.--The employer has offered or will offer 
     the job to any eligible United States worker who applies and 
     is equally or better qualified for the job for which the 
     nonimmigrant is, or nonimmigrants are, sought and who will be 
     available at the time and place of need.
       ``(iii) Period of employment.--The employer will provide 
     employment to any qualified United States worker who applies 
     to the employer during the period beginning on the date on 
     which the foreign worker departs for the employer's place of 
     employment and ending on the date on which 50 percent of the 
     period of employment for which the foreign worker who is in 
     the job was hired has elapsed, subject to the following 
     requirements:

       ``(I) Prohibition.--No person or entity shall willfully and 
     knowingly withhold United States workers before the arrival 
     of H-2A workers in order to force the hiring of United States 
     workers under this clause.
       ``(II) Complaints.--Upon receipt of a complaint by an 
     employer that a violation of subclause (I) has occurred, the 
     Secretary of Labor shall immediately investigate. The 
     Secretary of Labor shall, within 36 hours of the receipt of 
     the complaint, issue findings concerning the alleged 
     violation. If the Secretary of Labor finds that a violation 
     has occurred, the Secretary of Labor shall immediately 
     suspend the application of this clause with respect to that 
     certification for that date of need.
       ``(III) Placement of united states workers.--Before 
     referring a United States worker to an employer during the 
     period described in the matter preceding subclause (I), the 
     Secretary of Labor shall make all reasonable efforts to place 
     the United States worker in an open job acceptable to the 
     worker, if there are other job offers pending with the job 
     service that offer similar job opportunities in the area of 
     intended employment.

       ``(iv) Statutory construction.--Nothing in this 
     subparagraph shall be construed to prohibit an employer from 
     using such legitimate selection criteria relevant to the type 
     of job that are normal or customary to the type of job 
     involved so long as such criteria are not applied in a 
     discriminatory manner.
       ``(c) Applications by Associations on Behalf of Employer 
     Members.--
       ``(1) In general.--An agricultural association may file an 
     application under subsection (a) on behalf of 1 or more of 
     its employer members that the association certifies in its 
     application has or have agreed in writing to comply with the 
     requirements of this section and sections 218A and 218B.
       ``(2) Treatment of associations acting as employers.--If an 
     association filing an application under paragraph (1) is a 
     joint or sole employer of the temporary or seasonal 
     agricultural workers requested on the application, the 
     certifications granted under subsection (e)(2)(B) to the 
     association may be used for the certified job opportunities 
     of any of its producer members named on the application, and 
     such workers may be transferred among such producer members 
     to perform the agricultural services of a temporary or 
     seasonal nature for which the certifications were granted.
       ``(d) Withdrawal of Applications.--
       ``(1) In general.--An employer may withdraw an application 
     filed pursuant to subsection (a), except that if the employer 
     is an agricultural association, the association may withdraw 
     an application filed pursuant to subsection (a) with respect 
     to 1 or more of its members. To withdraw an application, the 
     employer or association shall notify the Secretary of Labor 
     in writing, and the Secretary of Labor shall acknowledge in 
     writing the receipt of such withdrawal notice. An employer 
     who withdraws an application under subsection (a), or on 
     whose behalf an application is withdrawn, is relieved of the 
     obligations undertaken in the application.
       ``(2) Limitation.--An application may not be withdrawn 
     while any alien provided status under section 
     101(a)(15)(H)(ii)(a) pursuant to such application is employed 
     by the employer.
       ``(3) Obligations under other statutes.--Any obligation 
     incurred by an employer under any other law or regulation as 
     a result of the recruitment of United States workers or H-2A 
     workers under an offer of terms and conditions of employment 
     required as a result of making an application under 
     subsection (a) is unaffected by withdrawal of such 
     application.
       ``(e) Review and Approval of Applications.--
       ``(1) Responsibility of employers.--The employer shall make 
     available for public examination, within 1 working day after 
     the date on which an application under subsection (a) is 
     filed, at the employer's principal place of business or work 
     site, a copy of each such application (and such accompanying 
     documents as are necessary).
       ``(2) Responsibility of the secretary of labor.--
       ``(A) Compilation of list.--The Secretary of Labor shall 
     compile, on a current basis, a list (by employer and by 
     occupational classification) of the applications filed under 
     this subsection. Such list shall include the wage rate, 
     number of workers sought, period of intended employment, and 
     date of need. The Secretary of Labor shall make such list 
     available for examination in the District of Columbia.
       ``(B) Review of applications.--The Secretary of Labor shall 
     review such an application only for completeness and obvious 
     inaccuracies. Unless the Secretary of Labor finds that the 
     application is incomplete or obviously inaccurate, the 
     Secretary of Labor shall certify that the intending employer 
     has filed with the Secretary of Labor an application as 
     described in subsection (a). Such certification shall be 
     provided within 7 days of the filing of the application

     ``SEC. 218A. H-2A EMPLOYMENT REQUIREMENTS.

       ``(a) Preferential Treatment of Aliens Prohibited.--
     Employers seeking to hire United States workers shall offer 
     the United States workers no 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) Minimum Benefits, Wages, and Working Conditions.--
     Except in cases where higher benefits, wages, or working 
     conditions are required by the provisions of subsection (a), 
     in order to protect similarly employed United States workers 
     from adverse effects with respect to benefits, wages, and 
     working conditions, every job offer which shall accompany an 
     application under section 218(b)(2) shall include each of the 
     following benefit, wage, and working condition provisions:
       ``(1) Requirement to provide housing or a housing 
     allowance.--
       ``(A) In general.--An employer applying under section 
     218(a) for H-2A workers 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 local or 
     State standards, Federal temporary labor camp standards shall 
     apply.
       ``(C) Family housing.--If it is the prevailing practice in 
     the occupation and area of intended employment to provide 
     family housing, family housing shall be provided to workers 
     with families who request it.
       ``(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) Charges for housing.--
       ``(i) Charges for public housing.--If public housing 
     provided for migrant agricultural workers under the auspices 
     of a local, county, or State government is secured by an 
     employer, and use of the public housing unit normally 
     requires charges from migrant workers, such charges shall be 
     paid by the employer directly to the appropriate individual 
     or entity affiliated with the housing's management.
       ``(ii) Deposit charges.--Charges in the form of deposits 
     for bedding or other similar

[[Page S9808]]

     incidentals related to housing shall not be levied upon 
     workers by employers who provide housing for their workers. 
     An employer may require a worker found to have been 
     responsible for damage to such housing which is not the 
     result of normal wear and tear related to habitation to 
     reimburse the employer for the reasonable cost of repair of 
     such damage.
       ``(G) Housing allowance as alternative.--
       ``(i) In general.--If the requirement under clause (ii) is 
     satisfied, the employer may provide a reasonable housing 
     allowance instead of offering housing under subparagraph (A). 
     Upon the request of a worker seeking assistance in locating 
     housing, the employer shall make a good faith effort to 
     assist the worker in identifying and locating housing in the 
     area of intended employment. 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. No housing allowance may be used for housing which 
     is owned or controlled by the employer.
       ``(ii) 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.
       ``(iii) 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.

       ``(2) Reimbursement of transportation.--
       ``(A) To place of employment.--A worker who completes 50 
     percent of the period of employment of the job opportunity 
     for which the worker was hired shall be reimbursed by the 
     employer for the cost of the worker's transportation and 
     subsistence from the place from which the worker came to work 
     for the employer (or place of last employment, if the worker 
     traveled from such place) to the place of employment.
       ``(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 of employment 
     to the place from which the worker, disregarding intervening 
     employment, came to work for the employer, or to the place of 
     next employment, if the worker has contracted with a 
     subsequent employer who has not agreed to provide or pay for 
     the worker's transportation and subsistence to such 
     subsequent employer's place of employment.
       ``(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 the worker is not residing 
     in employer-provided housing or housing secured through an 
     allowance as provided in paragraph (1)(G).
       ``(D) Early termination.--If the worker is laid off or 
     employment is terminated for contract impossibility (as 
     described in paragraph (4)(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 work 
     site.--The employer shall provide transportation between the 
     worker's living quarters and the employer's work site without 
     cost to the worker, and such transportation will be in 
     accordance with applicable laws and regulations.
       ``(3) Required wages.--
       ``(A) In general.--An employer applying for workers under 
     section 218(a) shall offer to pay, and shall pay, all workers 
     in the occupation for which the employer has applied for 
     workers, not less (and is not required to pay more) than the 
     greater of the prevailing wage in the occupation in the area 
     of intended employment or the adverse effect wage rate. No 
     worker shall be paid less than the greater of the hourly wage 
     prescribed under section 6(a)(1) of the Fair Labor Standards 
     Act of 1938 (29 U.S.C. 206(a)(1)) or the applicable State 
     minimum wage.
       ``(B) Limitation.--Effective on the date of the enactment 
     of the Agricultural Job Opportunities, Benefits, and Security 
     Act of 2006 and continuing for 3 years thereafter, no adverse 
     effect wage rate for a State may be more than the adverse 
     effect wage rate for that State in effect on January 1, 2003, 
     as established by section 655.107 of title 20, Code of 
     Federal Regulations.
       ``(C) Required wages after 3-year freeze.--
       ``(i) First adjustment.--If Congress does not set a new 
     wage standard applicable to this section before the first 
     March 1 that is not less than 3 years after the date of 
     enactment of this section, the adverse effect wage rate for 
     each State beginning on such March 1 shall be the wage rate 
     that would have resulted if the adverse effect wage rate in 
     effect on January 1, 2003, had been annually adjusted, 
     beginning on March 1, 2006, by the lesser of--

       ``(I) the 12 month percentage change in the Consumer Price 
     Index for All Urban Consumers between December of the second 
     preceding year and December of the preceding year; and
       ``(II) 4 percent.

       ``(ii) Subsequent annual adjustments.--Beginning on the 
     first March 1 that is not less than 4 years after the date of 
     enactment of this section, and each March 1 thereafter, the 
     adverse effect wage rate then in effect for each State shall 
     be adjusted by the lesser of--

       ``(I) the 12 month percentage change in the Consumer Price 
     Index for All Urban Consumers between December of the second 
     preceding year and December of the preceding year; and
       ``(II) 4 percent.

       ``(D) Deductions.--The employer shall make only those 
     deductions from the worker's wages that are authorized by law 
     or are reasonable and customary in the occupation and area of 
     employment. The job offer shall specify all deductions not 
     required by law which the employer will make from the 
     worker's wages.
       ``(E) Frequency of pay.--The employer shall pay the worker 
     not less frequently than twice monthly, or in accordance with 
     the prevailing practice in the area of employment, whichever 
     is more frequent.
       ``(F) Hours and earnings statements.--The employer shall 
     furnish to the worker, on or before each payday, in 1 or more 
     written statements--
       ``(i) the worker's total earnings for the pay period;
       ``(ii) the worker's hourly rate of pay, piece rate of pay, 
     or both;
       ``(iii) the hours of employment which have been offered to 
     the worker (broken out by hours offered in accordance with 
     and over and above the three-quarters guarantee described in 
     paragraph (4);
       ``(iv) the hours actually worked by the worker;
       ``(v) an itemization of the deductions made from the 
     worker's wages; and
       ``(vi) if piece rates of pay are used, the units produced 
     daily.
       ``(G) Report on wage protections.--Not later than December 
     31, 2008, the Comptroller General of the United States shall 
     prepare and transmit to the Secretary of Labor, the Committee 
     on the Judiciary of the Senate, and Committee on the 
     Judiciary of the House of Representatives, a report that 
     addresses--
       ``(i) whether the employment of H-2A or unauthorized aliens 
     in the United States agricultural work force has depressed 
     United States farm worker wages below the levels that would 
     otherwise have prevailed if alien farm workers had not been 
     employed in the United States;
       ``(ii) whether an adverse effect wage rate is necessary to 
     prevent wages of United States farm workers in occupations in 
     which H-2A workers are employed from falling below the wage 
     levels that would have prevailed in the absence of the 
     employment of H-2A workers in those occupations;
       ``(iii) whether alternative wage standards, such as a 
     prevailing wage standard, would be sufficient to prevent 
     wages in occupations in which H-2A workers are employed from 
     falling below the wage level that would have prevailed in the 
     absence of H-2A employment;
       ``(iv) whether any changes are warranted in the current 
     methodologies for calculating the adverse effect wage rate 
     and the prevailing wage; and
       ``(v) recommendations for future wage protection under this 
     section.
       ``(H) Commission on wage standards.--
       ``(i) Establishment.--There is established the Commission 
     on Agricultural Wage Standards under the H-2A program (in 
     this subparagraph referred to as the `Commission').
       ``(ii) Composition.--The Commission shall consist of 10 
     members as follows:

       ``(I) 4 representatives of agricultural employers and 1 
     representative of the Department of Agriculture, each 
     appointed by the Secretary of Agriculture.

[[Page S9809]]

       ``(II) 4 representatives of agricultural workers and 1 
     representative of the Department of Labor, each appointed by 
     the Secretary of Labor.

       ``(iii) Functions.--The Commission shall conduct a study 
     that shall address--

       ``(I) whether the employment of H-2A or unauthorized aliens 
     in the United States agricultural workforce has depressed 
     United States farm worker wages below the levels that would 
     otherwise have prevailed if alien farm workers had not been 
     employed in the United States;
       ``(II) whether an adverse effect wage rate is necessary to 
     prevent wages of United States farm workers in occupations in 
     which H-2A workers are employed from falling below the wage 
     levels that would have prevailed in the absence of the 
     employment of H-2A workers in those occupations;
       ``(III) whether alternative wage standards, such as a 
     prevailing wage standard, would be sufficient to prevent 
     wages in occupations in which H-2A workers are employed from 
     falling below the wage level that would have prevailed in the 
     absence of H-2A employment;
       ``(IV) whether any changes are warranted in the current 
     methodologies for calculating the adverse effect wage rate 
     and the prevailing wage rate; and
       ``(V) recommendations for future wage protection under this 
     section.

       ``(iv) Final report.--Not later than December 31, 2008, the 
     Commission shall submit a report to the Congress setting 
     forth the findings of the study conducted under clause (iii).
       ``(v) Termination date.--The Commission shall terminate 
     upon submitting its final report.
       ``(4) Guarantee of employment.--
       ``(A) Offer to worker.--The employer shall guarantee to 
     offer the worker employment for the hourly equivalent of at 
     least three-fourths 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 
     paragraph, 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.
       ``(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 `three-fourths 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, drought, plant or animal disease or pest infestation, 
     or regulatory drought, before the 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. If such transfer is not 
     effected, the employer shall provide the return 
     transportation required in paragraph (2)(D).
       ``(5) Motor vehicle safety.--
       ``(A) Mode of transportation subject to coverage.--
       ``(i) In general.--Except as provided in clauses (iii) and 
     (iv), this subsection applies to any H-2A employer that uses 
     or causes to be used any vehicle to transport an H-2A worker 
     within the United States.
       ``(ii) Defined term.--In this paragraph, the term `uses or 
     causes to be used'--

       ``(I) applies only to transportation provided by an H-2A 
     employer to an H-2A worker, or by a farm labor contractor to 
     an H-2A worker at the request or direction of an H-2A 
     employer; and
       ``(II) does not apply to--

       ``(aa) transportation provided, or transportation 
     arrangements made, by an H-2A worker, unless the employer 
     specifically requested or arranged such transportation; or
       ``(bb) car pooling arrangements made by H-2A workers 
     themselves, using 1 of the workers' own vehicles, unless 
     specifically requested by the employer directly or through a 
     farm labor contractor.
       ``(iii) Clarification.--Providing a job offer to an H-2A 
     worker that causes the worker to travel to or from the place 
     of employment, or the payment or reimbursement of the 
     transportation costs of an H-2A worker by an H-2A employer, 
     shall not constitute an arrangement of, or participation in, 
     such transportation.
       ``(iv) Agricultural machinery and equipment excluded.--This 
     subsection does not apply to the transportation of an H-2A 
     worker on a tractor, combine, harvester, picker, or other 
     similar machinery or equipment while such worker is actually 
     engaged in the planting, cultivating, or harvesting of 
     agricultural commodities or the care of livestock or poultry 
     or engaged in transportation incidental thereto.
       ``(v) Common carriers excluded.--This subsection does not 
     apply to common carrier motor vehicle transportation in which 
     the provider holds itself out to the general public as 
     engaging in the transportation of passengers for hire and 
     holds a valid certification of authorization for such 
     purposes from an appropriate Federal, State, or local agency.
       ``(B) Applicability of standards, licensing, and insurance 
     requirements.--
       ``(i) In general.--When using, or causing to be used, any 
     vehicle for the purpose of providing transportation to which 
     this subparagraph applies, each employer shall--

       ``(I) ensure that each such vehicle conforms to the 
     standards prescribed by the Secretary of Labor under section 
     401(b) of the Migrant and Seasonal Agricultural Worker 
     Protection Act (29 U.S.C. 1841(b)) and other applicable 
     Federal and State safety standards;
       ``(II) ensure that each driver has a valid and appropriate 
     license, as provided by State law, to operate the vehicle; 
     and
       ``(III) have an insurance policy or a liability bond that 
     is in effect which insures the employer against liability for 
     damage to persons or property arising from the ownership, 
     operation, or causing to be operated, of any vehicle used to 
     transport any H-2A worker.

       ``(ii) Amount of insurance required.--The level of 
     insurance required shall be determined by the Secretary of 
     Labor pursuant to regulations to be issued under this 
     subsection.
       ``(iii) Effect of workers' compensation coverage.--If the 
     employer of any H-2A worker provides workers' compensation 
     coverage for such worker in the case of bodily injury or 
     death as provided by State law, the following adjustments in 
     the requirements of subparagraph (B)(i)(III) relating to 
     having an insurance policy or liability bond apply:

       ``(I) No insurance policy or liability bond shall be 
     required of the employer, if such workers are transported 
     only under circumstances for which there is coverage under 
     such State law.
       ``(II) An insurance policy or liability bond shall be 
     required of the employer for circumstances under which 
     coverage for the transportation of such workers is not 
     provided under such State law.

       ``(c) Compliance With Labor Laws.--An employer shall assure 
     that, except as otherwise provided in this section, the 
     employer will comply with all applicable Federal, State, and 
     local labor laws, including laws affecting migrant and 
     seasonal agricultural workers, with respect to all United 
     States workers and alien workers employed by the employer, 
     except that a violation of this assurance shall not 
     constitute a violation of the Migrant and Seasonal 
     Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.).
       ``(d) Copy of Job Offer.--The employer shall provide to the 
     worker, not later than the day the work commences, a copy of 
     the employer's application and job offer described in section 
     218(a), or, if the employer will require the worker to enter 
     into a separate employment contract covering the employment 
     in question, such separate employment contract.
       ``(e) Range Production of Livestock.--Nothing in this 
     section, section 218, or section 218B shall preclude the 
     Secretary of Labor and the Secretary from continuing to apply 
     special procedures and requirements to the admission and 
     employment of aliens in occupations involving the range 
     production of livestock.

     ``SEC. 218B. PROCEDURE FOR ADMISSION AND EXTENSION OF STAY OF 
                   H-2A WORKERS.

       ``(a) 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 may file a petition with the Secretary. The 
     petition shall be accompanied by an accepted and currently 
     valid certification provided by the Secretary of Labor under 
     section 218(e)(2)(B) covering the petitioner.
       ``(b) Expedited Adjudication by the Secretary.--The 
     Secretary shall establish a procedure for expedited 
     adjudication of petitions filed under subsection (a) and 
     within 7 working days shall, by fax, cable, or other means 
     assuring expedited delivery, transmit a copy of notice of 
     action on the petition to the petitioner and, in the case of 
     approved petitions, to the appropriate immigration officer at 
     the port of entry or United States consulate (as the case may 
     be) where the petitioner has indicated that the alien 
     beneficiary (or beneficiaries) will apply for a visa or 
     admission to the United States.
       ``(c) Criteria for Admissibility.--
       ``(1) In general.--An H-2A worker shall be considered 
     admissible to the United States if the alien is otherwise 
     admissible under this section, section 218, and section 218A, 
     and the alien is not ineligible under paragraph (2).

[[Page S9810]]

       ``(2) Disqualification.--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--
       ``(A) violated a material provision of this section, 
     including the requirement to promptly depart the United 
     States when the alien's authorized period of admission under 
     this section has expired; or
       ``(B) otherwise violated a term or condition of admission 
     into the United States as a nonimmigrant, including 
     overstaying the period of authorized admission as such a 
     nonimmigrant.
       ``(3) Waiver of ineligibility for unlawful presence.--
       ``(A) In general.--An alien who has not previously been 
     admitted into the United States pursuant to this section, and 
     who is otherwise eligible for admission in accordance with 
     paragraphs (1) and (2), shall not be deemed inadmissible by 
     virtue of section 212(a)(9)(B). If an alien described in the 
     preceding sentence is present in the United States, the alien 
     may apply from abroad for H-2A status, but may not be granted 
     that status in the United States.
       ``(B) Maintenance of waiver.--An alien provided an initial 
     waiver of ineligibility pursuant to subparagraph (A) shall 
     remain eligible for such waiver unless the alien violates the 
     terms of this section or again becomes ineligible under 
     section 212(a)(9)(B) by virtue of unlawful presence in the 
     United States after the date of the initial waiver of 
     ineligibility pursuant to subparagraph (A).
       ``(d) Period of Admission.--
       ``(1) In general.--The alien shall be admitted for the 
     period of employment in the application certified by the 
     Secretary of Labor pursuant to section 218(e)(2)(B), not to 
     exceed 10 months, supplemented by a period of not more than 1 
     week before the beginning of the period of employment for the 
     purpose of travel to the work site and a period of 14 days 
     following the period of employment for the purpose of 
     departure or extension based on a subsequent offer of 
     employment, except that--
       ``(A) the alien is not authorized to be employed during 
     such 14-day period except in the employment for which the 
     alien was previously authorized; and
       ``(B) the total period of employment, including such 14-day 
     period, may not exceed 10 months.
       ``(2) Construction.--Nothing in this subsection shall limit 
     the authority of the Secretary to extend the stay of the 
     alien under any other provision of this Act.
       ``(e) 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 
     not later than 7 days after an H-2A worker prematurely 
     abandons employment.
       ``(3) Removal by the secretary.--The Secretary 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.
       ``(f) Replacement of Alien.--
       ``(1) In general.--Upon presentation of the notice to the 
     Secretary required by subsection (e)(2), the Secretary of 
     State shall promptly issue a visa to, and the Secretary shall 
     admit into the United States, an eligible alien designated by 
     the employer to replace an H-2A worker--
       ``(A) who abandons or prematurely terminates employment; or
       ``(B) whose employment is terminated after a United States 
     worker is employed pursuant to section 218(b)(2)(H)(iii), if 
     the United States worker voluntarily departs before the end 
     of the period of intended employment or if the employment 
     termination is for a lawful job-related reason.
       ``(2) Construction.--Nothing in this subsection is intended 
     to limit any preference required to be accorded United States 
     workers under any other provision of this Act.
       ``(g) Identification Document.--
       ``(1) In general.--Each alien authorized to be admitted 
     under section 101(a)(15)(H)(ii)(a) shall be provided an 
     identification and employment eligibility document to verify 
     eligibility for employment in the United States and verify 
     such person's proper identity.
       ``(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 be in a form that is resistant to 
     counterfeiting and to tampering.
       ``(C) The document shall--
       ``(i) be compatible with other databases of 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) be compatible with law enforcement databases to 
     determine if the alien has been convicted of criminal 
     offenses.
       ``(h) Extension of Stay of H-2A Aliens in the United 
     States.--
       ``(1) Extension of stay.--If an employer seeks approval to 
     employ an H-2A alien who is lawfully present in the United 
     States, the petition filed by the employer or an association 
     pursuant to subsection (a), shall request an extension of the 
     alien's stay and a change in the alien's employment.
       ``(2) Limitation on filing a petition for extension of 
     stay.--A petition may not be filed for an extension of an 
     alien's stay--
       ``(A) for a period of more than 10 months; or
       ``(B) to a date that is more than 3 years after the date of 
     the alien's last admission to the United States under this 
     section.
       ``(3) Work authorization upon filing a petition for 
     extension of stay.--
       ``(A) In general.--An alien who is lawfully present in the 
     United States may commence the employment described in a 
     petition under paragraph (1) on the date on which the 
     petition is filed.
       ``(B) Definition.--For purposes of subparagraph (A), 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.
       ``(C) Handling of petition.--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.
       ``(D) Approval of petition.--Upon approval of a petition 
     for an extension of stay or change in the alien's authorized 
     employment, the Secretary 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.
       ``(4) Limitation on employment authorization of aliens 
     without valid identification and employment eligibility 
     document.--An expired identification and employment 
     eligibility document, together with a copy of a petition for 
     extension of stay or change in the alien's authorized 
     employment that complies with the requirements of paragraph 
     (1), shall constitute a valid work authorization document for 
     a period of not more than 60 days beginning on the date on 
     which such petition is filed, after which time only a 
     currently valid identification and employment eligibility 
     document shall be acceptable.
       ``(5) Limitation on an individual's stay in status.--
       ``(A) Maximum period.--The maximum continuous period of 
     authorized status as an H-2A worker (including any 
     extensions) is 3 years.
       ``(B) Requirement to remain outside the united states.--
       ``(i) In general.--Subject to clause (ii), in the case of 
     an alien outside the United States whose period of authorized 
     status as an H-2A worker (including any extensions) has 
     expired, the alien may not again apply for admission to the 
     United States as an H-2A worker unless the alien has remained 
     outside the United States for a continuous period equal to at 
     least \1/5\ the duration of the alien's previous period of 
     authorized status as an H-2A worker (including any 
     extensions).
       ``(ii) Exception.--Clause (i) shall not apply in the case 
     of an alien if the alien's period of authorized status as an 
     H-2A worker (including any extensions) was for a period of 
     not more than 10 months and such alien has been outside the 
     United States for at least 2 months during the 12 months 
     preceding the date the alien again is applying for admission 
     to the United States as an H-2A worker.
       ``(i) Special Rules for Aliens Employed as Sheepherders, 
     Goat Herders, or Dairy Workers.--Notwithstanding any 
     provision of the Agricultural Job Opportunities, Benefits, 
     and Security Act of 2006, an alien admitted under section 
     101(a)(15)(H)(ii)(a) for employment as a sheepherder, goat 
     herder, or dairy worker--
       ``(1) may be admitted for an initial period of 12 months;
       ``(2) subject to subsection (j)(5), may have such initial 
     period of admission extended for a period of up to 3 years; 
     and
       ``(3) shall not be subject to the requirements of 
     subsection (h)(5) (relating to periods of absence from the 
     United States).
       ``(j) Adjustment to Lawful Permanent Resident Status for 
     Aliens Employed as Sheepherders, Goat Herders, or Dairy 
     Workers.--
       ``(1) Eligible alien.--For purposes of this subsection, the 
     term `eligible alien' means an alien--
       ``(A) having nonimmigrant status under section 
     101(a)(15)(H)(ii)(a) based on employment as a sheepherder, 
     goat herder, or dairy worker;
       ``(B) who has maintained such nonimmigrant status in the 
     United States for a

[[Page S9811]]

     cumulative total of 36 months (excluding any period of 
     absence from the United States); and
       ``(C) who is seeking to receive an immigrant visa under 
     section 203(b)(3)(A)(iii).
       ``(2) Classification petition.--In the case of an eligible 
     alien, the petition under section 204 for classification 
     under section 203(b)(3)(A)(iii) may be filed by--
       ``(A) the alien's employer on behalf of an eligible alien; 
     or
       ``(B) the eligible alien.
       ``(3) No labor certification required.--Notwithstanding 
     section 203(b)((3)(C), no determination under section 
     212(a)(5)(A) is required with respect to an immigrant visa 
     described in paragraph (1)(C) for an eligible alien.
       ``(4) Effect of petition.--The filing of a petition 
     described in paragraph (2) or an application for adjustment 
     of status based on the approval of such a petition, shall not 
     constitute evidence of an alien's ineligibility for 
     nonimmigrant status under section 101(a)(15)(H)(ii)(a).
       ``(5) Extension of stay.--The Secretary of Homeland 
     Security shall extend the stay of an eligible alien having a 
     pending or approved classification petition described in 
     paragraph (2) in 1-year increments until a final 
     determination is made on the alien's eligibility for 
     adjustment of status to that of an alien lawfully admitted 
     for permanent residence.
       ``(6) Construction.--Nothing in this subsection shall be 
     construed to prevent an eligible alien from seeking 
     adjustment of status in accordance with any other provision 
     of law.

     ``SEC. 218C. WORKER PROTECTIONS AND LABOR STANDARDS 
                   ENFORCEMENT.

       ``(a) Enforcement Authority.--
       ``(1) Investigation of complaints.--
       ``(A) Aggrieved person or third-party complaints.--The 
     Secretary of Labor shall establish a process for the receipt, 
     investigation, and disposition of complaints respecting a 
     petitioner's failure to meet a condition specified in section 
     218(b), or an employer's misrepresentation of material facts 
     in an application under section 218(a). Complaints may be 
     filed by any aggrieved person or organization (including 
     bargaining representatives). No investigation or hearing 
     shall be conducted on a complaint concerning such a failure 
     or misrepresentation unless the complaint was filed not later 
     than 12 months after the date of the failure, or 
     misrepresentation, respectively. The Secretary of Labor shall 
     conduct an investigation under this subparagraph if there is 
     reasonable cause to believe that such a failure or 
     misrepresentation has occurred.
       ``(B) Determination on complaint.--Under such process, the 
     Secretary of Labor shall provide, within 30 days after the 
     date such a complaint is filed, for a determination as to 
     whether or not a reasonable basis exists to make a finding 
     described in subparagraph (C), (D), (E), or (G). If the 
     Secretary of Labor determines that such a reasonable basis 
     exists, the Secretary of Labor shall provide for notice of 
     such determination to the interested parties and an 
     opportunity for a hearing on the complaint, in accordance 
     with section 556 of title 5, United States Code, within 60 
     days after the date of the determination. If such a hearing 
     is requested, the Secretary of Labor shall make a finding 
     concerning the matter not later than 60 days after the date 
     of the hearing. In the case of similar complaints respecting 
     the same applicant, the Secretary of Labor may consolidate 
     the hearings under this subparagraph on such complaints.
       ``(C) Failures to meet conditions.--If the Secretary of 
     Labor finds, after notice and opportunity for a hearing, a 
     failure to meet a condition of paragraph (1)(A), (1)(B), 
     (1)(D), (1)(F), (2)(A), (2)(B), or (2)(G) of section 218(b), 
     a substantial failure to meet a condition of paragraph 
     (1)(C), (1)(E), (2)(C), (2)(D), (2)(E), or (2)(H) of section 
     218(b), or a material misrepresentation of fact in an 
     application under section 218(a)--
       ``(i) the Secretary of Labor shall notify the Secretary 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
       ``(ii) the Secretary may disqualify the employer from the 
     employment of aliens described in section 
     101(a)(15)(H)(ii)(a) for a period of 1 year.
       ``(D) Willful failures and willful misrepresentations.--If 
     the Secretary of Labor finds, after notice and opportunity 
     for hearing, a willful failure to meet a condition of section 
     218(b), a willful misrepresentation of a material fact in an 
     application under section 218(a), or a violation of 
     subsection (d)(1)--
       ``(i) the Secretary of Labor shall notify the Secretary 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;
       ``(ii) the Secretary of Labor may seek appropriate legal or 
     equitable relief to effectuate the purposes of subsection 
     (d)(1); and
       ``(iii) the Secretary may disqualify the employer from the 
     employment of H-2A workers for a period of 2 years.
       ``(E) Displacement of united states workers.--If the 
     Secretary of Labor finds, after notice and opportunity for 
     hearing, a willful failure to meet a condition of section 
     218(b) or a willful misrepresentation of a material fact in 
     an application under section 218(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 application under section 218(a) 
     or during the period of 30 days preceding such period of 
     employment--
       ``(i) the Secretary of Labor shall notify the Secretary 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; and
       ``(ii) the Secretary may disqualify the employer from the 
     employment of H-2A workers for a period of 3 years.
       ``(F) Limitations on civil money penalties.--The Secretary 
     of Labor shall not impose total civil money penalties with 
     respect to an application under section 218(a) in excess of 
     $90,000.
       ``(G) 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 
     section 218A(b), 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 section 218A(b) shall be equal to the 
     difference between the amount that should have been paid and 
     the amount that actually was paid to such worker.
       ``(2) Statutory construction.--Nothing in this section 
     shall be construed as limiting the authority of the Secretary 
     of Labor to conduct any compliance investigation under any 
     other labor law, including any law affecting migrant and 
     seasonal agricultural workers, or, in the absence of a 
     complaint under this section, under section 218 or 218A.
       ``(b) Rights Enforceable by Private Right of Action.--H-2A 
     workers may enforce the following rights through the private 
     right of action provided in subsection (c), and no other 
     right of action shall exist under Federal or State law to 
     enforce such rights:
       ``(1) The providing of housing or a housing allowance as 
     required under section 218A(b)(1).
       ``(2) The reimbursement of transportation as required under 
     section 218A(b)(2).
       ``(3) The payment of wages required under section 
     218A(b)(3) when due.
       ``(4) The benefits and material terms and conditions of 
     employment expressly provided in the job offer described in 
     section 218(a)(2), not including the assurance to comply with 
     other Federal, State, and local labor laws described in 
     section 218A(c), compliance with which shall be governed by 
     the provisions of such laws.
       ``(5) The guarantee of employment required under section 
     218A(b)(4).
       ``(6) The motor vehicle safety requirements under section 
     218A(b)(5).
       ``(7) The prohibition of discrimination under subsection 
     (d)(2).
       ``(c) Private Right of Action.--
       ``(1) Mediation.--Upon the filing of a complaint by an H-2A 
     worker aggrieved by a violation of rights enforceable under 
     subsection (b), and within 60 days of the filing of proof of 
     service of the complaint, a party to the action may file a 
     request with the Federal Mediation and Conciliation Service 
     to assist the parties in reaching a satisfactory resolution 
     of all issues involving all parties to the dispute. Upon a 
     filing of such request and giving of notice to the parties, 
     the parties shall attempt mediation within the period 
     specified in subparagraph (B).
       ``(A) Mediation services.--The Federal Mediation and 
     Conciliation Service shall be available to assist in 
     resolving disputes arising under subsection (b) between H-2A 
     workers and agricultural employers without charge to the 
     parties.
       ``(B) 90-day limit.--The Federal Mediation and Conciliation 
     Service may conduct mediation or other non-binding dispute 
     resolution activities for a period not to exceed 90 days 
     beginning on the date on which the Federal Mediation and 
     Conciliation Service receives the request for assistance 
     unless the parties agree to an extension of this period of 
     time.
       ``(C) Authorization.--
       ``(i) In general.--Subject to clause (ii), there are 
     authorized to be appropriated to the Federal Mediation and 
     Conciliation Service $500,000 for each fiscal year to carry 
     out this section.
       ``(ii) Mediation.--Notwithstanding any other provision of 
     law, the Director of the Federal Mediation and Conciliation 
     Service is authorized to conduct the mediation or other 
     dispute resolution activities from any other appropriated 
     funds available to the Director and to reimburse such 
     appropriated funds when the funds are appropriated pursuant 
     to this authorization, such reimbursement to be credited to 
     appropriations currently available at the time of receipt.
       ``(2) Maintenance of civil action in district court by 
     aggrieved person.--An H-2A worker aggrieved by a violation of 
     rights enforceable under subsection (b) by an agricultural 
     employer or other person may file suit in any district court 
     of the United States having jurisdiction of the parties, 
     without regard to the amount in controversy, without regard 
     to the citizenship of the parties, and without regard to the 
     exhaustion of any alternative administrative remedies under

[[Page S9812]]

     this Act, not later than 3 years after the date the violation 
     occurs.
       ``(3) Election.--An H-2A worker who has filed an 
     administrative complaint with the Secretary of Labor may not 
     maintain a civil action under paragraph (2) unless a 
     complaint based on the same violation filed with the 
     Secretary of Labor under subsection (a)(1) is withdrawn 
     before the filing of such action, in which case the rights 
     and remedies available under this subsection shall be 
     exclusive.
       ``(4) Preemption of state contract rights.--Nothing in this 
     Act shall be construed to diminish the rights and remedies of 
     an H-2A worker under any other Federal or State law or 
     regulation or under any collective bargaining agreement, 
     except that no court or administrative action shall be 
     available under any State contract law to enforce the rights 
     created by this Act.
       ``(5) Waiver of rights prohibited.--Agreements by employees 
     purporting to waive or modify their rights under this Act 
     shall be void as contrary to public policy, except that a 
     waiver or modification of the rights or obligations in favor 
     of the Secretary of Labor shall be valid for purposes of the 
     enforcement of this Act. The preceding sentence may not be 
     construed to prohibit agreements to settle private disputes 
     or litigation.
       ``(6) Award of damages or other equitable relief.--
       ``(A) If the court finds that the respondent has 
     intentionally violated any of the rights enforceable under 
     subsection (b), it shall award actual damages, if any, or 
     equitable relief.
       ``(B) Any civil action brought under this section shall be 
     subject to appeal as provided in chapter 83 of title 28, 
     United States Code.
       ``(7) Workers' compensation benefits; exclusive remedy.--
       ``(A) Notwithstanding any other provision of this section, 
     where a State's workers' compensation law is applicable and 
     coverage is provided for an H-2A worker, the workers' 
     compensation benefits shall be the exclusive remedy for the 
     loss of such worker under this section in the case of bodily 
     injury or death in accordance with such State's workers' 
     compensation law.
       ``(B) The exclusive remedy prescribed in subparagraph (A) 
     precludes the recovery under paragraph (6) of actual damages 
     for loss from an injury or death but does not preclude other 
     equitable relief, except that such relief shall not include 
     back or front pay or in any manner, directly or indirectly, 
     expand or otherwise alter or affect--
       ``(i) a recovery under a State workers' compensation law; 
     or
       ``(ii) rights conferred under a State workers' compensation 
     law.
       ``(8) Tolling of statute of limitations.--If it is 
     determined under a State workers' compensation law that the 
     workers' compensation law is not applicable to a claim for 
     bodily injury or death of an H-2A worker, the statute of 
     limitations for bringing an action for actual damages for 
     such injury or death under subsection (c) shall be tolled for 
     the period during which the claim for such injury or death 
     under such State workers' compensation law was pending. The 
     statute of limitations for an action for actual damages or 
     other equitable relief arising out of the same transaction or 
     occurrence as the injury or death of the H-2A worker shall be 
     tolled for the period during which the claim for such injury 
     or death was pending under the State workers' compensation 
     law.
       ``(9) Preclusive effect.--Any settlement by an H-2A worker 
     and an H-2A employer or any person reached through the 
     mediation process required under subsection (c)(1) shall 
     preclude any right of action arising out of the same facts 
     between the parties in any Federal or State court or 
     administrative proceeding, unless specifically provided 
     otherwise in the settlement agreement.
       ``(10) Settlements.--Any settlement by the Secretary of 
     Labor with an H-2A employer on behalf of an H-2A worker of a 
     complaint filed with the Secretary of Labor under this 
     section or any finding by the Secretary of Labor under 
     subsection (a)(1)(B) shall preclude any right of action 
     arising out of the same facts between the parties under any 
     Federal or State court or administrative proceeding, unless 
     specifically provided otherwise in the settlement agreement.
       ``(d) Discrimination Prohibited.--
       ``(1) In general.--It is a violation of this subsection for 
     any person who has filed an application under section 218(a), 
     to intimidate, threaten, restrain, coerce, blacklist, 
     discharge, or in any other manner discriminate against an 
     employee (which term, for purposes of this subsection, 
     includes a former employee and an applicant for employment) 
     because the employee has disclosed information to the 
     employer, or to any other person, that the employee 
     reasonably believes evidences a violation of section 218 or 
     218A or any rule or regulation pertaining to section 218 or 
     218A, or because the employee cooperates or seeks to 
     cooperate in an investigation or other proceeding concerning 
     the employer's compliance with the requirements of section 
     218 or 218A or any rule or regulation pertaining to either of 
     such sections.
       ``(2) Discrimination against h-2a workers.--It is a 
     violation of this subsection for any person who has filed an 
     application under section 218(a), to intimidate, threaten, 
     restrain, coerce, blacklist, discharge, or in any manner 
     discriminate against an H-2A employee because such worker 
     has, with just cause, filed a complaint with the Secretary of 
     Labor regarding a denial of the rights enumerated and 
     enforceable under subsection (b) or instituted, or caused to 
     be instituted, a private right of action under subsection (c) 
     regarding the denial of the rights enumerated under 
     subsection (b), or has testified or is about to testify in 
     any court proceeding brought under subsection (c).
       ``(e) Authorization To Seek Other Appropriate Employment.--
     The Secretary of Labor and the Secretary shall establish a 
     process under which an H-2A worker who files a complaint 
     regarding a violation of subsection (d) and is otherwise 
     eligible to remain and work in the United States may be 
     allowed to seek other appropriate employment in the United 
     States for a period not to exceed the maximum period of stay 
     authorized for such nonimmigrant classification.
       ``(f) Role of Associations.--
       ``(1) Violation by a member of an association.--An employer 
     on whose behalf an application is filed by an association 
     acting as its agent is fully responsible for such 
     application, and for complying with the terms and conditions 
     of sections 218 and 218A, as though the employer had filed 
     the application itself. If such an employer is determined, 
     under this section, to have committed a violation, the 
     penalty for such violation 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, or reason to know, of the violation, in which case 
     the penalty shall be invoked against the association or other 
     association member as well.
       ``(2) Violations by an association acting as an employer.--
     If an association filing an application as a sole or joint 
     employer is determined to have committed a violation under 
     this section, the penalty for such violation shall apply only 
     to the association unless the Secretary of Labor determines 
     that an association member or members participated in or had 
     knowledge, or reason to know of the violation, in which case 
     the penalty shall be invoked against the association member 
     or members as well.

     ``SEC. 218D. DEFINITIONS.

       ``For purposes of this section and section 218, 218A, 218B, 
     and 218C:
       ``(1) Agricultural employment.--The term `agricultural 
     employment' 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 (26 U.S.C. 3121(g)). For purposes of this paragraph, 
     agricultural employment includes employment under section 
     101(a)(15)(H)(ii)(a).
       ``(2) Bona fide union.--The term `bona fide union' means 
     any organization in which employees participate and which 
     exists for the purpose of dealing with employers concerning 
     grievances, labor disputes, wages, rates of pay, hours of 
     employment, or other terms and conditions of work for 
     agricultural employees. Such term does not include an 
     organization formed, created, administered, supported, 
     dominated, financed, or controlled by an employer or employer 
     association or its agents or representatives.
       ``(3) Displace.--The term `displace', in the case of an 
     application with respect to 1 or more H-2A workers by an 
     employer, means laying off a United States worker from a job 
     for which the H-2A worker or workers is or are sought.
       ``(4) Eligible.--The term `eligible', when used with 
     respect to an individual, means an individual who is not an 
     unauthorized alien (as defined in section 274A).
       ``(5) Employer.--The term `employer' means any person or 
     entity, including any farm labor contractor and any 
     agricultural association, that employs workers in 
     agricultural employment.
       ``(6) H-2a employer.--The term `H-2A employer' means an 
     employer who seeks to hire 1 or more nonimmigrant aliens 
     described in section 101(a)(15)(H)(ii)(a).
       ``(7) H-2a worker.--The term `H-2A worker' means a 
     nonimmigrant described in section 101(a)(15)(H)(ii)(a).
       ``(8) Job opportunity.--The term `job opportunity' means a 
     job opening for temporary full-time employment at a place in 
     the United States to which United States workers can be 
     referred.
       ``(9) 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, contract impossibility (as described in 
     section 218A(b)(4)(D)), or temporary layoffs due to weather, 
     markets, or other temporary conditions; but
       ``(ii) does not include any situation in which the worker 
     is offered, as an alternative to such loss of employment, a 
     similar employment opportunity with the same employer (or, in 
     the case of a placement of a worker with another employer 
     under section 218(b)(2)(E), with either employer described in 
     such section) 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) Statutory construction.--Nothing in this paragraph is 
     intended to limit an employee's rights under a collective 
     bargaining agreement or other employment contract.
       ``(10) Regulatory drought.--The term `regulatory drought' 
     means a decision subsequent to the filing of the application 
     under

[[Page S9813]]

     section 218 by an entity not under the control of the 
     employer making such filing which restricts the employer's 
     access to water for irrigation purposes and reduces or limits 
     the employer's ability to produce an agricultural commodity, 
     thereby reducing the need for labor.
       ``(11) Seasonal.--Labor is performed on a `seasonal' basis 
     if--
       ``(A) ordinarily, it pertains to or is of the kind 
     exclusively performed at certain seasons or periods of the 
     year; and
       ``(B) from its nature, it may not be continuous or carried 
     on throughout the year.
       ``(12) Secretary.--The term `Secretary' means the Secretary 
     of Homeland Security.
       ``(13) Temporary.--A worker is employed on a `temporary' 
     basis where the employment is intended not to exceed 10 
     months.
       ``(14) 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, who is authorized to work in the job 
     opportunity within the United States, except an alien 
     admitted or otherwise provided status under section 
     101(a)(15)(H)(ii)(a).''.
       (b) Table of Contents.--The table of contents of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended by striking the item relating to section 218 and 
     inserting the following:

``Sec. 218. H-2A employer applications
``Sec. 218A. H-2A employment requirements
``Sec. 218B. Procedure for admission and extension of stay of H-2A 
              workers
``Sec. 218C. Worker protections and labor standards enforcement
``Sec. 218D. Definitions''.

                  Subtitle C--Miscellaneous Provisions

     SEC. 231. DETERMINATION AND USE OF USER FEES.

       (a) Schedule of Fees.--The Secretary shall establish and 
     periodically adjust a schedule of fees for the employment of 
     aliens under this title and the amendments made by this 
     title, and a collection process for such fees from employers 
     participating in the program provided under this title. Such 
     fees shall be the only fees chargeable to employers for 
     services provided under this title.
       (b) Determination of Schedule.--
       (1) In general.--The schedule under subsection (a) shall 
     reflect a fee rate based on the number of job opportunities 
     indicated in the employer's application under section 218 of 
     the Immigration and Nationality Act, as amended by section 
     221 of this Act, and sufficient to provide for the direct 
     costs of providing services related to an employer's 
     authorization to employ eligible aliens pursuant to this 
     title, to include the certification of eligible employers, 
     the issuance of documentation, and the admission of eligible 
     aliens.
       (2) Procedure.--
       (A) In general.--In establishing and adjusting such a 
     schedule, the Secretary shall comply with Federal cost 
     accounting and fee setting standards.
       (B) Publication and comment.--The Secretary shall publish 
     in the Federal Register an initial fee schedule and 
     associated collection process and the cost data or estimates 
     upon which such fee schedule is based, and any subsequent 
     amendments thereto, pursuant to which public comment shall be 
     sought and a final rule issued.
       (c) Use of Proceeds.--Notwithstanding any other provision 
     of law, all proceeds resulting from the payment of the alien 
     employment user fees shall be available without further 
     appropriation and shall remain available without fiscal year 
     limitation to reimburse the Secretary, the Secretary of 
     State, and the Secretary of Labor for the costs of carrying 
     out sections 218 and 218B of the Immigration and Nationality 
     Act, as amended and added, respectively by section 221 of 
     this Act, and the provisions of this title.

     SEC. 232. REGULATIONS.

       (a) Regulations of the Secretary.--The Secretary shall 
     consult with the Secretary of Labor and the Secretary of 
     Agriculture on all regulations to implement the duties of the 
     Secretary under this title and the amendments made by this 
     title.
       (b) Regulations of the Secretary of State.--The Secretary 
     of State shall consult with the Secretary, the Secretary of 
     Labor, and the Secretary of Agriculture on all regulations to 
     implement the duties of the Secretary of State under this 
     title and the amendments made by this title.
       (c) Regulations of the Secretary of Labor.--The Secretary 
     of Labor shall consult with the Secretary of Agriculture and 
     the Secretary on all regulations to implement the duties of 
     the Secretary of Labor under this title and the amendments 
     made by this title.
       (d) Deadline for Issuance of Regulations.--All regulations 
     to implement the duties of the Secretary, the Secretary of 
     State, and the Secretary of Labor created under sections 218, 
     218A, 218B, 218C, and 218D of the Immigration and Nationality 
     Act, as added by section 221 of this Act, shall take effect 
     on the effective date of section 221 and shall be issued not 
     later than 1 year after the date of enactment of this Act.

     SEC. 233. REPORTS TO CONGRESS.

       (a) Annual Report.--Not later than September 30 of each 
     year, the Secretary shall submit a report to Congress that 
     identifies, for the previous year--
       (1) the number of job opportunities approved for employment 
     of aliens admitted under section 101(a)(15)(H)(ii)(a) of the 
     Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)(H)(ii)(a)), and the number of workers actually 
     admitted, by State and by occupation;
       (2) the number of such aliens reported to have abandoned 
     employment pursuant to subsection 218B(e)(2) of such Act;
       (3) the number of such aliens who departed the United 
     States within the period specified in subsection 218B(d) of 
     such Act;
       (4) the number of aliens who applied for adjustment of 
     status pursuant to section 211(a);
       (5) the number of such aliens whose status was adjusted 
     under section 211(a);
       (6) the number of aliens who applied for permanent 
     residence pursuant to section 211(c); and
       (7) the number of such aliens who were approved for 
     permanent residence pursuant section 211(c).
       (b) Implementation Report.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary shall 
     prepare and submit to Congress a report that describes the 
     measures being taken and the progress made in implementing 
     this title.

     SEC. 234. EFFECTIVE DATE.

       Except as otherwise provided, sections 221 and 231 shall 
     take effect 1 year after the date of the enactment of this 
     Act.
                                 ______
                                 
  SA 5023. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill H.R. 6061, to establish operational control over the 
international land and maritime borders of the United States; which was 
ordered to lie on the table; as follows:

       On page 5, between lines 8 and 9, insert the following:
       ``(D) Limitation on requirements.--Notwithstanding 
     subparagraph (A), nothing in this paragraph shall require the 
     Secretary to provide fencing and install additional physical 
     barriers, roads, lighting, cameras, and sensors in a location 
     along an international border of the United States, if the 
     Secretary determines that the use or placement of such 
     resources is not the most appropriate means to achieve and 
     maintain operational control over the international border at 
     such location.''.
                                 ______
                                 
  SA 5024. Mr. McCONNELL (for Mr. Grassley (for himself, Mr. Baucus, 
Mr. Hatch, Mr. Rockefeller, and Ms. Snowe)) proposed an amendment to 
the bill S. 3525, to reauthorize the safe and stable families program, 
and for other purposes; as follows:

       In lieu of the language inserted by the House amendment, 
     insert the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Child and Family Services 
     Improvement Act of 2006''.

     SEC. 2. FINDINGS.

       The Congress finds as follows:
       (1) For Federal fiscal year 2004, child protective services 
     (CPS) staff nationwide reported investigating or assessing an 
     estimated 3,000,000 allegations of child maltreatment, and 
     determined that 872,000 children had been abused or neglected 
     by their parents or other caregivers.
       (2) Combined, the Child Welfare Services (CWS) and 
     Promoting Safe and Stable Families (PSSF) programs provide 
     States about $700,000,000 per year, the largest source of 
     targeted Federal funding in the child protection system for 
     services to ensure that children are not abused or neglected 
     and, whenever possible, help children remain safely with 
     their families.
       (3) A 2003 report by the Government Accountability Office 
     (GAO) reported that little research is available on the 
     effectiveness of activities supported by CWS funds--
     evaluations of services supported by PSSF funds have 
     generally shown little or no effect.
       (4) Further, the Department of Health and Human Services 
     recently completed initial Child and Family Service Reviews 
     (CFSRs) in each State. No State was in full compliance with 
     all measures of the CFSRs. The CFSRs also revealed that 
     States need to work to prevent repeat abuse and neglect of 
     children, improve services provided to families to reduce the 
     risk of future harm (including by better monitoring the 
     participation of families in services), and strengthen 
     upfront services provided to families to prevent unnecessary 
     family break-up and protect children who remain at home.
       (5) Federal policy should encourage States to invest their 
     CWS and PSSF funds in services that promote and protect the 
     welfare of children, support strong, healthy families, and 
     reduce the reliance on out-of-home care, which will help 
     ensure all children are raised in safe, loving families.
       (6) CFSRs also found a strong correlation between frequent 
     caseworker visits with children and positive outcomes for 
     these children, such as timely achievement of permanency and 
     other indicators of child well-being.
       (7) However, a December 2005 report by the Department of 
     Health and Human Services Office of Inspector General found 
     that only 20 States were able to produce reports to show 
     whether caseworkers actually visited children in foster care 
     on at least a monthly basis, despite the fact that nearly all 
     States had written standards suggesting monthly visits were 
     State policy.
       (8) A 2003 GAO report found that the average tenure for a 
     child welfare caseworker is less than 2 years and this level 
     of turnover

[[Page S9814]]

     negatively affects safety and permanency for children.
       (9) Targeting CWS and PSSF funds to ensure children in 
     foster care are visited on at least a monthly basis will 
     promote better outcomes for vulnerable children, including by 
     preventing further abuse and neglect.
       (10) According to the Office of Applied Studies of the 
     Substance Abuse and Mental Health Services Administration, 
     the annual number of new uses of Methamphetamine, also known 
     as ``meth,'' has increased 72 percent over the past decade. 
     According to a study conducted by the National Association of 
     Counties which surveyed 500 county law enforcement agencies 
     in 45 states, 88 percent of the agencies surveyed reported 
     increases in meth related arrests starting 5 years ago.
       (11) According to the 2004 National Survey on Drug Use and 
     Health, nearly 12,000,000 Americans have tried 
     methamphetamine. Meth making operations have been uncovered 
     in all 50 states, but the most wide-spread abuse has been 
     concentrated in the western, southwestern, and Midwestern 
     United States.
       (12) Methamphetamine abuse is on the increase, particularly 
     among women of child-bearing age. This is having an impact on 
     child welfare systems in many States. According to a survey 
     administered by the National Association of Counties (``The 
     Impact of Meth on Children''), conducted in 300 counties in 
     13 states, meth is a major cause of child abuse and neglect. 
     Forty percent of all the child welfare officials in the 
     survey reported an increase in out-of-home placements because 
     of meth in 2005.
       (13) It is appropriate also to target PSSF funds to address 
     this issue because of the unique strain the meth epidemic 
     puts on child welfare agencies. Outcomes for children 
     affected by meth are enhanced when services provided by law 
     enforcement, child welfare and substance abuse agencies are 
     integrated.

     SEC. 3. REAUTHORIZATION OF THE PROMOTING SAFE AND STABLE 
                   FAMILIES PROGRAM.

       (a) Funding of Mandatory Grants at $345 Million Per Fiscal 
     Year.--Effective October 1, 2006, section 436(a) of the 
     Social Security Act (42 U.S.C. 629f(a)) is amended by 
     striking ``fiscal year 2006.'' and all that follows and 
     inserting ``each of fiscal years 2007 through 2011''.
       (b) Funding of Discretionary Grants.--Section 437(a) of 
     such Act (42 U.S.C. 629g(a)) is amended by striking ``2002 
     through 2006'' and inserting ``2007 through 2011''.
       (c) Availability of Promoting Safe and Stable Families 
     Resources for Fiscal Year 2006.--
       (1) Appropriation.--Out of any money in the Treasury of the 
     United States not otherwise appropriated, there are 
     appropriated to the Secretary of Health and Human Services 
     $40,000,000 for fiscal year 2006 to carry out section 436 of 
     the Social Security Act, in addition to any amount otherwise 
     made available for fiscal year 2006 to carry out such 
     section.
       (2) Availability of funds.--Notwithstanding sections 
     434(b)(2) and 436(b)(3) of such Act, the amount appropriated 
     under paragraph (1) of this subsection--
       (A) shall remain available for expenditure through fiscal 
     year 2009 solely for the purpose described in section 
     436(b)(4)(B)(i) of such Act;
       (B) shall not be used to supplant any Federal funds paid 
     under part E of title IV of such Act that could be used for 
     that purpose; and
       (C) shall not be made available to any Indian tribe or 
     tribal consortium.
       (d) Elimination of Findings.--Section 430 of such Act (42 
     U.S.C. 629) is amended by striking all through ``(b) 
     Purpose.--The purpose'' and inserting the following:

     ``SEC. 430. PURPOSE.

       ``The purpose''.
       (e) Annual Budget Requests, Summaries, and Expenditure 
     Reports.--
       (1) In general.--Section 432(a)(8) of such Act (42 U.S.C. 
     629b(a)(8)) is amended--
       (A) by inserting ``(A)'' after ``(8)''; and
       (B) by adding at the end the following:
       ``(B) provides that, not later than June 30 of each year, 
     the State will submit to the Secretary--
       ``(i) copies of forms CFS 101-Part I and CFS 101-Part II 
     (or any successor forms) that report on planned child and 
     family services expenditures by the agency for the 
     immediately succeeding fiscal year; and
       ``(ii) copies of forms CFS 101-Part I and CFS 101-Part II 
     (or any successor forms) that provide, with respect to the 
     programs authorized under this subpart and subpart 1 and, at 
     State option, other programs included on such forms, for the 
     most recent preceding fiscal year for which reporting of 
     actual expenditures is complete--
       ``(I) the numbers of families and of children served by the 
     State agency;
       ``(II) the population served by the State agency;
       ``(III) the geographic areas served by the State agency; 
     and
       ``(IV) the actual expenditures of funds provided to the 
     State agency; and''.
       (2) Annual submission of state reports to congress.--
     Section 432 of such Act (42 U.S.C. 629b) is amended by adding 
     at the end the following:
       ``(c) Annual Submission of State Reports to Congress.--The 
     Secretary shall compile the reports required under subsection 
     (a)(8)(B) and, not later than September 30 of each year, 
     submit such compilation to the Committee on Ways and Means of 
     the House of Representatives and the Committee on Finance of 
     the Senate.''.
       (3) Effective date; initial deadlines for submissions.--The 
     amendments made by this subsection take effect on the date of 
     enactment of this Act. Each State with an approved plan under 
     subpart 1 or 2 of part B of title IV of the Social Security 
     Act shall make its initial submission of the forms required 
     under section 432(a)(8)(B) of the Social Security Act to the 
     Secretary of Health and Human Services by June 30, 2007, and 
     the Secretary of Health and Human Services shall submit the 
     first compilation required under section 432(c) of the Social 
     Security Act by September 30, 2007.
       (f) Limitation on Administrative Cost Reimbursement.--
       (1) In general.--Section 434 of such Act (42 U.S.C. 629d) 
     is amended--
       (A) in subsection (a), by inserting ``, subject to 
     subsection (d),'' after ``shall''; and
       (B) by adding at the end the following:
       ``(d) Limitation on Reimbursement for Administrative 
     Costs.--The Secretary shall not make a payment to a State 
     under this section with respect to expenditures for 
     administrative costs during a fiscal year, to the extent that 
     the total amount of the expenditures exceeds 10 percent of 
     the total expenditures of the State during the fiscal year 
     under the State plan approved under section 432.''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall apply to expenditures made on or after October 1, 2007.

     SEC. 4. TARGETING OF PROMOTING SAFE AND STABLE FAMILIES 
                   PROGRAM RESOURCES.

       (a) Support for Monthly Caseworker Visits.--
       (1) Reservation and use of funds.--Section 436(b) of the 
     Social Security Act (42 U.S.C. 629f(b)) is amended by adding 
     at the end the following:
       ``(4) Support for monthly caseworker visits.--
       ``(A) Reservation.--The Secretary shall reserve for 
     allotment in accordance with section 433(e)--
       ``(i) $5,000,000 for fiscal year 2008;
       ``(ii) $10,000,000 for fiscal year 2009; and
       ``(iii) $20,000,000 for each of fiscal years 2010 and 2011.
       ``(B) Use of funds.--
       ``(i) In general.--A State to which an amount is paid from 
     amounts reserved under subparagraph (A) shall use the amount 
     to support monthly caseworker visits with children who are in 
     foster care under the responsibility of the State, with a 
     primary emphasis on activities designed to improve caseworker 
     retention, recruitment, training, and ability to access the 
     benefits of technology.
       ``(ii) Nonsupplantation.--A State to which an amount is 
     paid from amounts reserved pursuant to subparagraph (A) shall 
     not use the amount to supplant any Federal funds paid to the 
     State under part E that could be used as described in clause 
     (i).''.
       (2) Allotment of funds.--Section 433 of such Act (42 U.S.C. 
     629c) is amended--
       (A) in subsection (d), by inserting ``subsection (a), (b), 
     or (c) of'' before ``this section'' the 1st and 2nd places it 
     appears; and
       (B) by adding at the end the following:
       ``(e) Allotment of Funds Reserved to Support Monthly 
     Caseworker Visits.--
       ``(1) Territories.--From the amount reserved pursuant to 
     section 436(b)(4)(A) for any fiscal year, the Secretary shall 
     allot to each jurisdiction specified in subsection (b) of 
     this section, that has provided to the Secretary such 
     documentation as may be necessary to verify that the 
     jurisdiction has complied with section 436(b)(4)(B)(ii) 
     during the fiscal year, an amount determined in the same 
     manner as the allotment to each of such jurisdictions is 
     determined under section 423 (without regard to the initial 
     allotment of $70,000 to each State).
       ``(2) Other states.--From the amount reserved pursuant to 
     section 436(b)(4)(A) for any fiscal year that remains after 
     applying paragraph (1) of this subsection for the fiscal 
     year, the Secretary shall allot to each State (other than an 
     Indian tribe) not specified in subsection (b) of this 
     section, that has provided to the Secretary such 
     documentation as may be necessary to verify that the State 
     has complied with section 436(b)(4)(B)(ii) during the fiscal 
     year, an amount equal to such remaining amount multiplied by 
     the food stamp percentage of the State (as defined in 
     subsection (c)(2) of this section) for the fiscal year, 
     except that in applying subsection (c)(2)(A) of this section, 
     `subsection (e)(2)' shall be substituted for `such paragraph 
     (1)'.''.
       (3) Payments to states.--Section 434(a) of such Act (42 
     U.S.C. 629d(a)), as amended by section 3(f)(1) of this Act, 
     is amended by striking ``the lesser of--'' and all that 
     follows and inserting the following: ``the sum of--
       ``(1) the lesser of--
       ``(A) 75 percent of the total expenditures by the State for 
     activities under the plan during the fiscal year or the 
     immediately succeeding fiscal year; or
       ``(B) the allotment of the State under subsection (a), (b), 
     or (c) of section 433, whichever is applicable, for the 
     fiscal year; and
       ``(2) the lesser of--
       ``(A) 75 percent of the total expenditures by the State in 
     accordance with section 436(b)(4)(B) during the fiscal year 
     or the immediately succeeding fiscal year; or
       ``(B) the allotment of the State under section 433(e) for 
     the fiscal year.''.

[[Page S9815]]

       (b) Support for Targeted Grants to Increase the Well Being 
     Of, and to Improve the Permanency Outcomes For, Children 
     Affected by Methamphetamine or Other Substance Abuse.--
       (1) Reservation of funds.--Section 436(b) of such Act (42 
     U.S.C. 629f(b)), as amended by subsection (a)(1) of this 
     section, is amended by adding at the end the following:
       ``(5) Regional partnership grants.--The Secretary shall 
     reserve for awarding grants under section 437(f)--
       ``(A) $40,000,000 for fiscal year 2007;
       ``(B) $35,000,000 for fiscal year 2008;
       ``(C) $30,000,000 for fiscal year 2009; and
       ``(D) $20,000,000 for each of fiscal years 2010 and 
     2011.''.
       (2) Targeted grants.--
       (A) In general.--Section 437 of such Act (42 U.S.C. 629g) 
     is amended by adding at the end the following:
       ``(f) Targeted Grants to Increase the Well Being Of, and to 
     Improve the Permanency Outcomes For, Children Affected by 
     Methamphetamine or Other Substance Abuse.--
       ``(1) Purpose.--The purpose of this subsection is to 
     authorize the Secretary to make competitive grants to 
     regional partnerships to provide, through interagency 
     collaboration and integration of programs and services, 
     services and activities that are designed to increase the 
     well-being of, improve permanency outcomes for, and enhance 
     the safety of children who are in an out-of-home placement or 
     are at risk of being placed in an out-of-home placement as a 
     result of a parent's or caretaker's methamphetamine or other 
     substance abuse.
       ``(2) Regional partnership defined.--
       ``(A) In general.--In this subsection, the term `regional 
     partnership' means a collaborative agreement (which may be 
     established on an interstate or intrastate basis) entered 
     into by at least 2 of the following:
       ``(i) The State child welfare agency that is responsible 
     for the administration of the State plan under this part and 
     part E.
       ``(ii) The State agency responsible for administering the 
     substance abuse prevention and treatment block grant provided 
     under subpart II of part B of title XIX of the Public Health 
     Service Act.
       ``(iii) An Indian tribe or tribal consortium.
       ``(iv) Nonprofit child welfare service providers.
       ``(v) For-profit child welfare service providers.
       ``(vi) Community health service providers.
       ``(vii) Community mental health providers.
       ``(viii) Local law enforcement agencies.
       ``(ix) Judges and court personnel.
       ``(x) Juvenile justice officials.
       ``(xi) School personnel.
       ``(xii) Tribal child welfare agencies (or a consortia of 
     such agencies).
       ``(xiii) Any other providers, agencies, personnel, 
     officials, or entities that are related to the provision of 
     child and family services under this subpart.
       ``(B) Requirements.--
       ``(i) State child welfare agency partner.--Subject to 
     clause (ii)(I), a regional partnership entered into for 
     purposes of this subsection shall include the State child 
     welfare agency that is responsible for the administration of 
     the State plan under this part and part E as 1 of the 
     partners.
       ``(ii) Regional partnerships entered into by indian tribes 
     or tribal consortia.--If an Indian tribe or tribal consortium 
     enters into a regional partnership for purposes of this 
     subsection, the Indian tribe or tribal consortium--

       ``(I) may (but is not required to) include such State child 
     welfare agency as a partner in the collaborative agreement; 
     and
       ``(II) may not enter into a collaborative agreement only 
     with tribal child welfare agencies (or a consortium of such 
     agencies).

       ``(iii) No state agency only partnerships.--If a State 
     agency described in clause (i) or (ii) of subparagraph (A) 
     enters into a regional partnership for purposes of this 
     subsection, the State agency may not enter into a 
     collaborative agreement only with the other State agency 
     described in such clause (i) or (ii).
       ``(3) Authority to award grants.--
       ``(A) In general.--In addition to amounts authorized to be 
     appropriated to carry out this section, the Secretary shall 
     award grants under this subsection, from the amounts reserved 
     for each of fiscal years 2007 through 2011 under section 
     436(b)(5), to regional partnerships that satisfy the 
     requirements of this subsection, in amounts that are not less 
     than $500,000 and not more than $1,000,000 per grant per 
     fiscal year.
       ``(B) Required minimum period of approval.--A grant shall 
     be awarded under this subsection for a period of not less 
     than 2, and not more than 5, fiscal years.
       ``(4) Application requirements.--To be eligible for a grant 
     under this subsection, a regional partnership shall submit to 
     the Secretary a written application containing the following:
       ``(A) Recent evidence demonstrating that methamphetamine or 
     other substance abuse has had a substantial impact on the 
     number of out-of-home placements for children, or the number 
     of children who are at risk of being placed in an out-of-home 
     placement, in the partnership region.
       ``(B) A description of the goals and outcomes to be 
     achieved during the funding period for the grant that will--
       ``(i) enhance the well-being of children receiving services 
     or taking part in activities conducted with funds provided 
     under the grant;
       ``(ii) lead to safety and permanence for such children; and
       ``(iii) decrease the number of out-of-home placements for 
     children, or the number of children who are at risk of being 
     placed in an out-of-home placement, in the partnership 
     region.
       ``(C) A description of the joint activities to be funded in 
     whole or in part with the funds provided under the grant, 
     including the sequencing of the activities proposed to be 
     conducted under the funding period for the grant.
       ``(D) A description of the strategies for integrating 
     programs and services determined to be appropriate for the 
     child and where appropriate, the child's family.
       ``(E) A description of the strategies for--
       ``(i) collaborating with the State child welfare agency 
     described in paragraph (2)(A)(i) (unless that agency is the 
     lead applicant for the regional partnership); and
       ``(ii) consulting, as appropriate, with--

       ``(I) the State agency described in paragraph (2)(A)(ii); 
     and
       ``(II) the State law enforcement and judicial agencies.

     To the extent the Secretary determines that the requirement 
     of this subparagraph would be inappropriate to apply to a 
     regional partnership that includes an Indian tribe, tribal 
     consortium, or a tribal child welfare agency or a consortium 
     of such agencies, the Secretary may exempt the regional 
     partnership from the requirement.
       ``(F) Such other information as the Secretary may require.
       ``(5) Use of funds.--Funds made available under a grant 
     made under this subsection shall only be used for services or 
     activities that are consistent with the purpose of this 
     subsection and may include the following:
       ``(A) Family-based comprehensive long-term substance abuse 
     treatment services.
       ``(B) Early intervention and preventative services.
       ``(C) Children and family counseling.
       ``(D) Mental health services.
       ``(E) Parenting skills training.
       ``(F) Replication of successful models for providing 
     family-based comprehensive long-term substance abuse 
     treatment services.
       ``(6) Matching requirement.--
       ``(A) Federal share.--A grant awarded under this subsection 
     shall be available to pay a percentage share of the costs of 
     services provided or activities conducted under such grant, 
     not to exceed--
       ``(i) 85 percent for the first and second fiscal years for 
     which the grant is awarded to a recipient;
       ``(ii) 80 percent for the third and fourth such fiscal 
     years; and
       ``(iii) 75 percent for the fifth such fiscal year.
       ``(B) Non-federal share.--The non-Federal share of the cost 
     of services provided or activities conducted under a grant 
     awarded under this subsection may be in cash or in kind. In 
     determining the amount of the non-Federal share, the 
     Secretary may attribute fair market value to goods, services, 
     and facilities contributed from non-Federal sources.
       ``(7) Considerations in awarding grants.--In awarding 
     grants under this subsection, the Secretary shall--
       ``(A) take into consideration the extent to which applicant 
     regional partnerships--
       ``(i) demonstrate that methamphetamine or other substance 
     abuse by parents or caretakers has had a substantial impact 
     on the number of out-of-home placements for children, or the 
     number of children who are at risk of being placed in an out-
     of-home placement, in the partnership region;
       ``(ii) have limited resources for addressing the needs of 
     children affected by such abuse;
       ``(iii) have a lack of capacity for, or access to, 
     comprehensive family treatment services; and
       ``(iv) demonstrate a plan for sustaining the services 
     provided by or activities funded under the grant after the 
     conclusion of the grant period; and
       ``(B) after taking such factors into consideration, give 
     greater weight to awarding grants to regional partnerships 
     that propose to address methamphetamine abuse and addiction 
     in the partnership region (alone or in combination with other 
     drug abuse and addiction) and which demonstrate that 
     methamphetamine abuse and addiction (alone or in combination 
     with other drug abuse and addiction) is adversely affecting 
     child welfare in the partnership region.
       ``(8) Performance indicators.--
       ``(A) In general.--Not later than 9 months after the date 
     of enactment of this subsection, the Secretary shall 
     establish indicators that will be used to assess periodically 
     the performance of the grant recipients under this subsection 
     in using funds made available under such grants to achieve 
     the purpose of this subsection.
       ``(B) Consultation required.--In establishing the 
     performance indicators required by subparagraph (A), the 
     Secretary shall consult with the following:
       ``(i) The Assistant Secretary for the Administration for 
     Children and Families.
       ``(ii) The Administrator of the Substance Abuse and Mental 
     Health Services Administration.
       ``(iii) Representatives of States in which a State agency 
     described in clause (i) or (ii) of paragraph (2)(A) is a 
     member of a regional partnership that is a grant recipient 
     under this subsection.

[[Page S9816]]

       ``(iv) Representatives of Indian tribes, tribal consortia, 
     or tribal child welfare agencies that are members of a 
     regional partnership that is a grant recipient under this 
     subsection.
       ``(9) Reports.--
       ``(A) Grantee reports.--
       ``(i) Annual report.--Not later than September 30 of the 
     first fiscal year in which a recipient of a grant under this 
     subsection is paid funds under the grant, and annually 
     thereafter until September 30 of the last fiscal year in 
     which the recipient is paid funds under the grant, the 
     recipient shall submit to the Secretary a report on the 
     services provided or activities carried out during that 
     fiscal year with such funds. The report shall contain such 
     information as the Secretary determines is necessary to 
     provide an accurate description of the services provided or 
     activities conducted with such funds.
       ``(ii) Incorporation of information related to performance 
     indicators.--Each recipient of a grant under this subsection 
     shall incorporate into the first annual report required by 
     clause (i) that is submitted after the establishment of 
     performance indicators under paragraph (8), information 
     required in relation to such indicators.
       ``(B) Reports to congress.--On the basis of the reports 
     submitted under subparagraph (A), the Secretary annually 
     shall submit to the Committee on Ways and Means of the House 
     of Representatives and the Committee on Finance of the Senate 
     a report on--
       ``(i) the services provided and activities conducted with 
     funds provided under grants awarded under this subsection;
       ``(ii) the performance indicators established under 
     paragraph (8); and
       ``(iii) the progress that has been made in addressing the 
     needs of families with methamphetamine or other substance 
     abuse problems who come to the attention of the child welfare 
     system and in achieving the goals of child safety, 
     permanence, and family stability.''.
       (B) Conforming amendments.--Section 437 of such Act (42 
     U.S.C. 629g) is amended--
       (i) in the section heading, by inserting ``AND TARGETED'' 
     after ``DISCRETIONARY''; and
       (ii) in subsection (e), by striking ``this section'' and 
     inserting ``subsection (a)''.
       (c) Evaluation, Research, and Technical Assistance With 
     Respect to Targeted Program Resources.--Section 435(c) of 
     such Act (42 U.S.C. 629e(c)) is amended to read as follows :
       ``(c) Evaluation, Research, and Technical Assistance With 
     Respect to Targeted Program Resources.--Of the amount 
     reserved under section 436(b)(1) for a fiscal year, the 
     Secretary shall use not less than--
       ``(1) $1,000,000 for evaluations, research, and providing 
     technical assistance with respect to supporting monthly 
     caseworker visits with children who are in foster care under 
     the responsibility of the State, in accordance with section 
     436(b)(4)(B)(i); and
       ``(2) $1,000,000 for evaluations, research, and providing 
     technical assistance with respect to grants under section 
     437(f).''.

     SEC. 5. ALLOTMENTS AND GRANTS TO INDIAN TRIBES.

       (a) Increase in Set-Asides for Indian Tribes.--
       (1) Mandatory grants.--Section 436(b)(3) of the Social 
     Security Act (42 U.S.C. 629f(b)(3)) is amended by striking 
     ``1'' and inserting ``3''.
       (2) Discretionary grants.--Section 437(b)(3) of such Act 
     (42 U.S.C. 629g(b)(3)) is amended by striking ``2'' and 
     inserting ``3''.
       (3) Effect of reservation of funds for targeted program 
     resources on amounts reserved for indian tribes.--Section 
     436(b)(3) of such Act (42 U.S.C. 629b(b)(3)) is amended by 
     striking ``The'' and inserting ``After applying paragraphs 
     (4) and (5) (but before applying paragraphs (1) or (2)), 
     the''.
       (b) Authority for Tribal Consortia to Receive Allotments.--
       (1) Allotment of mandatory funds.--
       (A) In general.--Section 433(a) of such Act (42 U.S.C. 
     629c(a)) is amended--
       (i) in the subsection heading, by inserting ``or Tribal 
     Consortia'' after ``Tribes''; and
       (ii) by adding at the end the following new sentence: ``If 
     a consortium of Indian tribes submits a plan approved under 
     this subpart, the Secretary shall allot to the consortium an 
     amount equal to the sum of the allotments determined for each 
     Indian tribe that is part of the consortium.''.
       (B) Conforming amendment.--Section 436(b)(3) of such Act 
     (42 U.S.C. 629f(b)(3)) is amended--
       (i) in the paragraph heading, by inserting ``or tribal 
     consortia'' after ``tribes''; and
       (ii) by inserting ``or tribal consortia'' after ``Indian 
     tribes''.
       (2) Allotment of any discretionary funds.--Section 437 of 
     such Act (42 U.S.C. 629g) is amended--
       (A) in subsection (b)(3)--
       (i) in the paragraph heading, by inserting ``or tribal 
     consortia'' after ``tribes''; and
       (ii) by inserting ``or tribal consortia'' after ``Indian 
     tribes''; and
       (B) in subsection (c)(1)--
       (i) in the paragraph heading, by inserting ``or tribal 
     consortia'' after ``tribes''; and
       (ii) by adding at the end the following new sentence: ``If 
     a consortium of Indian tribes applies and is approved for a 
     grant under this section, the Secretary shall allot to the 
     consortium an amount equal to the sum of the allotments 
     determined for each Indian tribe that is part of the 
     consortium.''.
       (3) Additional conforming amendments.--
       (A) Plans of indian tribes.--Section 432(b)(2) of such Act 
     (42 U.S.C. 629b(b)(2)) is amended--
       (i) in the paragraph heading, by inserting ``or tribal 
     consortia'' after ``tribes'';
       (ii) in subparagraph (A), by inserting ``or tribal 
     consortium'' after ``Indian tribe'' each place it appears; 
     and
       (iii) in subparagraph (B)--

       (I) by inserting ``or tribal consortium'' after ``Indian 
     tribe''; and
       (II) by inserting ``and tribal consortia'' after ``Indian 
     tribes''.

       (B) Direct payments to tribal organizations.--Section 
     434(c) of such Act (42 U.S.C. 629d(c)) is amended--
       (i) in the subsection heading, by inserting ``or Tribal 
     Consortia'' after ``Tribes''; and
       (ii) by inserting ``or tribal consortium'' after ``Indian 
     tribe'' the first place it appears; and
       (iii) by inserting ``or in the case of a payment to a 
     tribal consortium, such tribal organizations of, or entity 
     established by, the Indian tribes that are part of the 
     consortium as the consortium shall designate'' before the 
     period.
       (C) Evaluations; research; technical assistance.--Section 
     435(d) of such Act (42 U.S.C. 629e(d)) is amended in the 
     matter preceding paragraph (1), by inserting ``or tribal 
     consortia'' after ``Indian tribes''.
       (c) Collection of Data on Tribal Promoting Safe and Stable 
     Families Plans.--Section 432(b)(2)(A) of such Act (42 U.S.C. 
     629b(b)(2)(A)), as amended by subsection (b)(3)(A)(ii) of 
     this section, is amended by striking ``any requirement of 
     this section that the Secretary determines'' and inserting 
     ``the requirements of subsection (a)(4) of this section to 
     the extent that the Secretary determines those 
     requirements''.

     SEC. 6. IMPROVEMENTS TO THE CHILD WELFARE SERVICES PROGRAM.

       (a) Funding.--Subpart 1 of part B of title IV of the Social 
     Security Act (42 U.S.C. 620-628b) is amended by striking 
     sections 420 and 425 and inserting after section 424 the 
     following:


            ``LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS

       ``Sec. 425.  To carry out this subpart, there are 
     authorized to be appropriated to the Secretary not more than 
     $325,000,000 for each of fiscal years 2007 through 2011.''.
       (b) Purpose of Program.--Such subpart is further amended--
       (1) by striking section 424;
       (2) by redesignating sections 421 and 423 as sections 423 
     and 424, respectively, and by transferring section 423 (as so 
     redesignated) so that it appears after section 422; and
       (3) by inserting after the subpart heading the following:


                               ``PURPOSE

       ``Sec. 421.  The purpose of this subpart is to promote 
     State flexibility in the development and expansion of a 
     coordinated child and family services program that utilizes 
     community-based agencies and ensures all children are raised 
     in safe, loving families, by--
       ``(1) protecting and promoting the welfare of all children;
       ``(2) preventing the neglect, abuse, or exploitation of 
     children;
       ``(3) supporting at-risk families through services which 
     allow children, where appropriate, to remain safely with 
     their families or return to their families in a timely 
     manner;
       ``(4) promoting the safety, permanence, and well-being of 
     children in foster care and adoptive families; and
       ``(5) providing training, professional development and 
     support to ensure a well-qualified child welfare 
     workforce.''.
       (c) Modification of State Plan Requirements.--Section 422 
     of such Act (42 U.S.C. 622) is amended--
       (1) in subsection (b)--
       (A) by striking paragraphs (3) through (5) and inserting 
     the following:
       ``(3) include a description of the services and activities 
     which the State will fund under the State program carried out 
     pursuant to this subpart, and how the services and activities 
     will achieve the purpose of this subpart;'';
       (B) by striking paragraph (6) and inserting after paragraph 
     (3) (as added by subparagraph (A) of this paragraph) the 
     following:
       ``(4) contain a description of--
       ``(A) the steps the State will take to provide child 
     welfare services statewide and to expand and strengthen the 
     range of existing services and develop and implement services 
     to improve child outcomes; and
       ``(B) the child welfare services staff development and 
     training plans of the State;'';
       (C) by redesignating paragraphs (7) through (9) as 
     paragraphs (5) through (7), respectively;
       (D) in paragraph (10)--
       (i) by striking subparagraph (A);
       (ii) in subparagraph (B)(iii)(II), by inserting ``, which 
     may include a residential educational program'' after ``in 
     some other planned, permanent living arrangement'';
       (iii) by redesignating subparagraph (B) as subparagraph 
     (A); and
       (iv) by striking subparagraph (C) and inserting after 
     subparagraph (A) the following:
       ``(B) has in effect policies and administrative and 
     judicial procedures for children abandoned at or shortly 
     after birth (including policies and procedures providing for 
     legal representation of the children) which enable permanent 
     decisions to be made expeditiously with respect to the 
     placement of the children;'';

[[Page S9817]]

       (E) in paragraph (14), by striking ``and'' at the end;
       (F) in paragraph (15), by striking the period and inserting 
     a semicolon;
       (G) by redesignating paragraphs (10) through (15) as 
     paragraphs (8) through (13), respectively; and
       (H) by adding at the end the following:
       ``(14) not later than October 1, 2007, include assurances 
     that not more than 10 percent of the expenditures of the 
     State with respect to activities funded from amounts provided 
     under this subpart will be for administrative costs;
       ``(15) describe how the State actively consults with and 
     involves physicians or other appropriate medical 
     professionals in--
       ``(A) assessing the health and well-being of children in 
     foster care under the responsibility of the State; and
       ``(B) determining appropriate medical treatment for the 
     children; and
       ``(16) provide that, not later than 1 year after the date 
     of the enactment of this paragraph, the State shall have in 
     place procedures providing for how the State programs 
     assisted under this subpart, subpart 2 of this part, or part 
     E would respond to a disaster, in accordance with criteria 
     established by the Secretary which should include how a State 
     would--
       ``(A) identify, locate, and continue availability of 
     services for children under State care or supervision who are 
     displaced or adversely affected by a disaster;
       ``(B) respond, as appropriate, to new child welfare cases 
     in areas adversely affected by a disaster, and provide 
     services in those cases;
       ``(C) remain in communication with caseworkers and other 
     essential child welfare personnel who are displaced because 
     of a disaster;
       ``(D) preserve essential program records; and
       ``(E) coordinate services and share information with other 
     States.''; and
       (2) by adding at the end the following:
       ``(c) Definitions.--In this subpart:
       ``(1) Administrative costs.--The term `administrative 
     costs' means costs for the following, but only to the extent 
     incurred in administering the State plan developed pursuant 
     to this subpart: procurement, payroll management, personnel 
     functions (other than the portion of the salaries of 
     supervisors attributable to time spent directly supervising 
     the provision of services by caseworkers), management, 
     maintenance and operation of space and property, data 
     processing and computer services, accounting, budgeting, 
     auditing, and travel expenses (except those related to the 
     provision of services by caseworkers or the oversight of 
     programs funded under this subpart).
       ``(2) Other terms.--For definitions of other terms used in 
     this part, see section 475.''.
       (d) Provisions Relating to State Allotments.--Section 423 
     of such Act, as so redesignated by subsection (b)(2) of this 
     section, is amended--
       (1) in subsection (a)--
       (A) by inserting ``In General.--'' after ``(a)''; and
       (B) by striking ``420'' and inserting ``425''; and
       (2) in subsection (b), by inserting ``Determination of 
     State Allotment Percentages.--'' after ``(b)'';
       (3) in subsection (c), by inserting ``Promulgation of State 
     Allotment Percentages.--'' after ``(c)'';
       (4) in subsection (d)--
       (A) by inserting ``United States Defined.--'' after 
     ``(d)''; and
       (B) by striking ``fifty'' and inserting ``50''; and
       (5) by adding at the end the following:
       ``(e) Reallotment of Funds.--
       ``(1) In general.--The amount of any allotment to a State 
     for a fiscal year under the preceding provisions of this 
     section which the State certifies to the Secretary will not 
     be required for carrying out the State plan developed as 
     provided in section 422 shall be available for reallotment 
     from time to time, on such dates as the Secretary may fix, to 
     other States which the Secretary determines--
       ``(A) need sums in excess of the amounts allotted to such 
     other States under the preceding provisions of this section, 
     in carrying out their State plans so developed; and
       ``(B) will be able to so use such excess sums during the 
     fiscal year.
       ``(2) Considerations.--The Secretary shall make the 
     reallotments on the basis of the State plans so developed, 
     after taking into consideration--
       ``(A) the population under 21 years of age;
       ``(B) the per capita income of each of such other States as 
     compared with the population under 21 years of age; and
       ``(C) the per capita income of all such other States with 
     respect to which such a determination by the Secretary has 
     been made.
       ``(3) Amounts reallotted to a state deemed part of state 
     allotment.--Any amount so reallotted to a State is deemed 
     part of the allotment of the State under this section.''.
       (e) Payments to States; Limitations on Use of Funds.--
       (1) Limitations related to state expenditures for child 
     care, foster care maintenance payments, and adoption 
     assistance payments.--Section 424 of such Act, as so 
     redesignated by subsection (b)(2) of this section, is amended 
     by striking subsections (c) and (d) and inserting the 
     following:
       ``(c) Limitation on Use of Federal Funds for Child Care, 
     Foster Care Maintenance Payments, or Adoption Assistance 
     Payments.--The total amount of Federal payments under this 
     subpart for a fiscal year beginning after September 30, 2007, 
     that may be used by a State for expenditures for child care, 
     foster care maintenance payments, or adoption assistance 
     payments shall not exceed the total amount of such payments 
     for fiscal year 2005 that were so used by the State.
       ``(d) Limitation on Use by States of Non-Federal Funds for 
     Foster Care Maintenance Payments to Match Federal Funds.--For 
     any fiscal year beginning after September 30, 2007, State 
     expenditures of non-Federal funds for foster care maintenance 
     payments shall not be considered to be expenditures under the 
     State plan developed under this subpart for the fiscal year 
     to the extent that the total of such expenditures for the 
     fiscal year exceeds the total of such expenditures under the 
     State plan developed under this subpart for fiscal year 
     2005.''.
       (2) Limitation on administrative cost reimbursement.--
       (A) In general.--Section 424 of such Act (42 U.S.C. 623), 
     as so redesignated by subsection (b)(2) of this section, is 
     amended by adding at the end the following:
       ``(e) Limitation on Reimbursement for Administrative 
     Costs.--A payment may not be made to a State under this 
     section with respect to expenditures during a fiscal year for 
     administrative costs, to the extent that the total amount of 
     the expenditures exceeds 10 percent of the total expenditures 
     of the State during the fiscal year for activities funded 
     from amounts provided under this subpart.''.
       (B) Effective date.--The amendment made by subparagraph (A) 
     shall apply to expenditures made on or after October 1, 2007.
       (f) Conforming Amendments.--
       (1) Section 428(b) of such Act (42 U.S.C. 628(b)) is 
     amended by striking ``421'' and inserting ``423''.
       (2) Section 429 of such Act (42 U.S.C. 628a) is amended--
       (A)(i) by striking the following:


                      ``CHILD WELFARE TRAINEESHIPS

       ``Sec. 429.  The Secretary''; and
       (ii) inserting the following:
       ``(c) Child Welfare Traineeships.--The Secretary''; and
       (B) by transferring the provision to the end of section 426 
     (as amended by section 11(b) of this Act).
       (3) Section 429A of such Act (42 U.S.C. 628b) is 
     redesignated as section 429.
       (4) Section 433(b) of such Act (42 U.S.C. 629c(b)) is 
     amended by striking ``421'' and inserting ``423''.
       (5) Section 437(c)(2) of such Act (42 U.S.C. 629g(c)(2)) is 
     amended by striking ``421'' and inserting ``423''.
       (6) Section 472(d) of such Act (42 U.S.C. 672(d)) is 
     amended by striking ``422(b)(10)'' and inserting 
     ``422(b)(8)''.
       (7) Section 473A(f) of such Act (42 U.S.C. 673b(f)) is 
     amended by striking ``423'' and inserting ``424''.
       (8) Section 1130(b)(1) of such Act (42 U.S.C. 1320a-
     9(b)(1)) is amended to read as follows:.
       ``(1) any provision of section 422(b)(8), or section 479; 
     or''.
       (9) Section 104(b)(3) of the Intercountry Adoption Act of 
     2000 (42 U.S.C. 14914(b)(3)) is amended by striking 
     ``422(b)(14) of the Social Security Act, as amended by 
     section 205 of this Act'' and inserting ``422(b)(12) of the 
     Social Security Act''.

     SEC. 7. MONTHLY CASEWORKER STANDARD.

       (a) State Plan Requirement.--Section 422(b) of the Social 
     Security Act (42 U.S.C. 622(b)), as amended by section 6(c) 
     of this Act, is amended--
       (1) by striking ``and'' at the end of paragraph (15);
       (2) by striking the period at the end of paragraph (16) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(17) not later than October 1, 2007, describe the State 
     standards for the content and frequency of caseworker visits 
     for children who are in foster care under the responsibility 
     of the State, which, at a minimum, ensure that the children 
     are visited on a monthly basis and that the caseworker visits 
     are well-planned and focused on issues pertinent to case 
     planning and service delivery to ensure the safety, 
     permanency, and well-being of the children.''.
       (b) Enforcement.--Section 424 of the Social Security Act, 
     as so redesignated by section 6(b)(2) of this Act, is amended 
     by adding at the end the following:
       ``(e)(1) The Secretary may not make a payment to a State 
     under this subpart for a period in fiscal year 2008, unless 
     the State has provided to the Secretary data which shows, for 
     fiscal year 2007--
       ``(A) the percentage of children in foster care under the 
     responsibility of the State who were visited on a monthly 
     basis by the caseworker handling the case of the child; and
       ``(B) the percentage of the visits that occurred in the 
     residence of the child.
       ``(2)(A) Based on the data provided by a State pursuant to 
     paragraph (1), the Secretary, in consultation with the State, 
     shall establish, not later than June 30, 2008, an outline of 
     the steps to be taken to ensure, by October 1, 2011, that at 
     least 90 percent of the children in foster care under the 
     responsibility of the State are visited by their caseworkers 
     on a monthly basis, and that the majority of the visits occur 
     in the residence of the child. The outline shall include 
     target percentages to be reached each fiscal year,

[[Page S9818]]

     and should include a description of how the steps will be 
     implemented. The steps may include activities designed to 
     improve caseworker retention, recruitment, training, and 
     ability to access the benefits of technology.
       ``(B) Beginning October 1, 2008, if the Secretary 
     determines that a State has not made the requisite progress 
     in meeting the goal described in subparagraph (A) of this 
     paragraph, then the percentage that shall apply for purposes 
     of subsection (a) of this section for the period involved 
     shall be the percentage set forth in such subsection (a) 
     reduced by--
       ``(i) 1, if the number of full percentage points by which 
     the State fell short of the target percentage established for 
     the State for the period pursuant to such subparagraph is 
     less than 10;
       ``(ii) 3, if the number of full percentage points by which 
     the State fell short, as described in clause (i), is not less 
     than 10 and less than 20; or
       ``(iii) 5, if the number of full percentage points by which 
     the State fell short, as described in clause (i), is not less 
     than 20.''.
       (c) Reports.--
       (1) Progress report.--Not later than March 31, 2010, the 
     Secretary of Health and Human Services shall submit to the 
     Committee on Ways and Means of the House of Representatives 
     and the Committee on Finance of the Senate a report that 
     outlines the progress made by the States in meeting the 
     standards referred to in section 422(b)(17) of the Social 
     Security Act, and offers recommendations developed in 
     consultation with State officials responsible for 
     administering child welfare programs and members of the State 
     legislature to assist States in their efforts to ensure that 
     foster children are visited on a monthly basis.
       (2) Inclusion of information on caseworker visits in annual 
     child well-being outcome reports.--Section 479A of such Act 
     (42 U.S.C. 679b) is amended--
       (A) by striking ``and'' at the end of paragraph (4);
       (B) by striking the period at the end of paragraph (5) and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(6) include in the report submitted pursuant to paragraph 
     (5) for fiscal year 2007 or any succeeding fiscal year, 
     State-by-State data on--
       ``(A) the percentage of children in foster care under the 
     responsibility of the State who were visited on a monthly 
     basis by the caseworker handling the case of the child; and
       ``(B) the percentage of the visits that occurred in the 
     residence of the child.''.

     SEC. 8. REAUTHORIZATION OF PROGRAM FOR MENTORING CHILDREN OF 
                   PRISONERS.

       (a) In General.--Section 439 of the Social Security Act (42 
     U.S.C. 629i) is amended--
       (1) in subsection (c), by striking ``2002 through 2006'' 
     and inserting ``2007 through 2011''; and
       (2) in subsection (h)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) Limitations on authorization of appropriations.--To 
     carry out this section, there are authorized to be 
     appropriated to the Secretary such sums as may be necessary 
     for fiscal years 2007 through 2011.''; and
       (B) in paragraph (2), by striking ``2.5'' and inserting 
     ``4''.
       (b) Service Delivery Demonstration Project.--
       (1) In general.--Section 439 of such Act (42 U.S.C. 629i), 
     as amended by subsection (a) of this section, is amended--
       (A) by redesignating subsections (g) and (h) as subsections 
     (h) and (i), respectively; and
       (B) by inserting after subsection (f) the following:
       ``(g) Service Delivery Demonstration Project.--
       ``(1) Purpose; authority to enter into cooperative 
     agreement.--The Secretary shall enter into a cooperative 
     agreement with an eligible entity that meets the requirements 
     of paragraph (2) for the purpose of requiring the entity to 
     conduct a demonstration project consistent with this 
     subsection under which the entity shall--
       ``(A) identify children of prisoners in need of mentoring 
     services who have not been matched with a mentor by an 
     applicant awarded a grant under this section, with a priority 
     for identifying children who--
       ``(i) reside in an area not served by a recipient of a 
     grant under this section;
       ``(ii) reside in an area that has a substantial number of 
     children of prisoners;
       ``(iii) reside in a rural area; or
       ``(iv) are Indians;
       ``(B) provide the families of the children so identified 
     with--
       ``(i) a voucher for mentoring services that meets the 
     requirements of paragraph (5); and
       ``(ii) a list of the providers of mentoring services in the 
     area in which the family resides that satisfy the 
     requirements of paragraph (6); and
       ``(C) monitor and oversee the delivery of mentoring 
     services by providers that accept the vouchers.
       ``(2) Eligible entity.--
       ``(A) In general.--Subject to subparagraph (B), an eligible 
     entity under this subsection is an organization that the 
     Secretary determines, on a competitive basis--
       ``(i) has substantial experience--

       ``(I) in working with organizations that provide mentoring 
     services for children of prisoners; and
       ``(II) in developing quality standards for the 
     identification and assessment of mentoring programs for 
     children of prisoners; and

       ``(ii) submits an application that satisfies the 
     requirements of paragraph (3).
       ``(B) Limitation.--An organization that provides mentoring 
     services may not be an eligible entity for purposes of being 
     awarded a cooperative agreement under this subsection.
       ``(3) Application requirements.--To be eligible to be 
     awarded a cooperative agreement under this subsection, an 
     entity shall submit to the Secretary an application that 
     includes the following:
       ``(A) Qualifications.--Evidence that the entity--
       ``(i) meets the experience requirements of paragraph 
     (2)(A)(i); and
       ``(ii) is able to carry out--

       ``(I) the purposes of this subsection identified in 
     paragraph (1); and
       ``(II) the requirements of the cooperative agreement 
     specified in paragraph (4).

       ``(B) Service delivery plan.--
       ``(i) Distribution requirements.--Subject to clause (iii), 
     a description of the plan of the entity to ensure the 
     distribution of not less than--

       ``(I) 3,000 vouchers for mentoring services in the first 
     year in which the cooperative agreement is in effect with 
     that entity;
       ``(II) 8,000 vouchers for mentoring services in the second 
     year in which the agreement is in effect with that entity ; 
     and
       ``(III) 13,000 vouchers for mentoring services in any 
     subsequent year in which the agreement is in effect with that 
     entity.

       ``(ii) Satisfaction of priorities.--A description of how 
     the plan will ensure the delivery of mentoring services to 
     children identified in accordance with the requirements of 
     paragraph (1)(A).
       ``(iii) Secretarial authority to modify distribution 
     requirement.--The Secretary may modify the number of vouchers 
     specified in subclauses (I) through (III) of clause (i) to 
     take into account the availability of appropriations and the 
     need to ensure that the vouchers distributed by the entity 
     are for amounts that are adequate to ensure the provision of 
     mentoring services for a 12-month period.
       ``(C) Collaboration and cooperation.--A description of how 
     the entity will ensure collaboration and cooperation with 
     other interested parties, including courts and prisons, with 
     respect to the delivery of mentoring services under the 
     demonstration project.
       ``(D) Other.--Any other information that the Secretary may 
     find necessary to demonstrate the capacity of the entity to 
     satisfy the requirements of this subsection.
       ``(4) Cooperative agreement requirements.--A cooperative 
     agreement awarded under this subsection shall require the 
     eligible entity to do the following:
       ``(A) Identify quality standards for providers.--To work 
     with the Secretary to identify the quality standards that a 
     provider of mentoring services must meet in order to 
     participate in the demonstration project and which, at a 
     minimum, shall include criminal records checks for 
     individuals who are prospective mentors and shall prohibit 
     approving any individual to be a mentor if the criminal 
     records check of the individual reveals a conviction which 
     would prevent the individual from being approved as a foster 
     or adoptive parent under section 471(a)(20)(A).
       ``(B) Identify eligible providers.--To identify and compile 
     a list of those providers of mentoring services in any of the 
     50 States or the District of Columbia that meet the quality 
     standards identified pursuant to subparagraph (A).
       ``(C) Identify eligible children.--To identify children of 
     prisoners who require mentoring services, consistent with the 
     priorities specified in paragraph (1)(A).
       ``(D) Monitor and oversee delivery of mentoring services.--
     To satisfy specific requirements of the Secretary for 
     monitoring and overseeing the delivery of mentoring services 
     under the demonstration project, which shall include a 
     requirement to ensure that providers of mentoring services 
     under the project report data on the children served and the 
     types of mentoring services provided.
       ``(E) Records, reports, and audits.--To maintain any 
     records, make any reports, and cooperate with any reviews and 
     audits that the Secretary determines are necessary to oversee 
     the activities of the entity in carrying out the 
     demonstration project under this subsection.
       ``(F) Evaluations.--To cooperate fully with any evaluations 
     of the demonstration project, including collecting and 
     monitoring data and providing the Secretary or the 
     Secretary's designee with access to records and staff related 
     to the conduct of the project.
       ``(G) Limitation on administrative expenditures.--To ensure 
     that administrative expenditures incurred by the entity in 
     conducting the demonstration project with respect to a fiscal 
     year do not exceed the amount equal to 10 percent of the 
     amount awarded to carry out the project for that year.
       ``(5) Voucher requirements.--A voucher for mentoring 
     services provided to the family of a child identified in 
     accordance with paragraph (1)(A) shall meet the following 
     requirements:
       ``(A) Total payment amount; 12-month service period.--The 
     voucher shall specify the total amount to be paid a provider 
     of mentoring services for providing the child on

[[Page S9819]]

     whose behalf the voucher is issued with mentoring services 
     for a 12-month period.
       ``(B) Periodic payments as services provided.--
       ``(i) In general.--The voucher shall specify that it may be 
     redeemed with the eligible entity by the provider accepting 
     the voucher in return for agreeing to provide mentoring 
     services for the child on whose behalf the voucher is issued.
       ``(ii) Demonstration of the provision of services.--A 
     provider that redeems a voucher issued by the eligible entity 
     shall receive periodic payments from the eligible entity 
     during the 12-month period that the voucher is in effect upon 
     demonstration of the provision of significant services and 
     activities related to the provision of mentoring services to 
     the child on whose behalf the voucher is issued.
       ``(6) Provider requirements.--In order to participate in 
     the demonstration project, a provider of mentoring services 
     shall--
       ``(A) meet the quality standards identified by the eligible 
     entity in accordance with paragraph (1);
       ``(B) agree to accept a voucher meeting the requirements of 
     paragraph (5) as payment for the provision of mentoring 
     services to a child on whose behalf the voucher is issued;
       ``(C) demonstrate that the provider has the capacity, and 
     has or will have nonfederal resources, to continue supporting 
     the provision of mentoring services to the child on whose 
     behalf the voucher is issued, as appropriate, after the 
     conclusion of the 12-month period during which the voucher is 
     in effect; and
       ``(D) if the provider is a recipient of a grant under this 
     section, demonstrate that the provider has exhausted its 
     capacity for providing mentoring services under the grant.
       ``(7) 3-year period; option for renewal.--
       ``(A) In general.--A cooperative agreement awarded under 
     this subsection shall be effective for a 3-year period.
       ``(B) Renewal.--The cooperative agreement may be renewed 
     for an additional period, not to exceed 2 years and subject 
     to any conditions that the Secretary may specify that are not 
     inconsistent with the requirements of this subsection or 
     subsection (i)(2)(B), if the Secretary determines that the 
     entity has satisfied the requirements of the agreement and 
     evaluations of the service delivery demonstration project 
     demonstrate that the voucher service delivery method is 
     effective in providing mentoring services to children of 
     prisoners.
       ``(8) Independent evaluation and report.--
       ``(A) In general.--The Secretary shall enter into a 
     contract with an independent, private organization to 
     evaluate and prepare a report on the first 2 fiscal years in 
     which the demonstration project is conducted under this 
     subsection.
       ``(B) Deadline for report.--Not later than 90 days after 
     the end of the second fiscal year in which the demonstration 
     project is conducted under this subsection, the Secretary 
     shall submit the report required under subparagraph (A) to 
     the Committee on Ways and Means of the House of 
     Representatives and the Committee on Finance of the Senate. 
     The report shall include--
       ``(i) the number of children as of the end of such second 
     fiscal year who received vouchers for mentoring services; and
       ``(ii) any conclusions regarding the use of vouchers for 
     the delivery of mentoring services for children of prisoners.
       ``(9) No effect on eligibility for other federal 
     assistance.--A voucher provided to a family under the 
     demonstration project conducted under this subsection shall 
     be disregarded for purposes of determining the eligibility 
     for, or the amount of, any other Federal or federally-
     supported assistance for the family.''.
       (2) Conforming amendments.--Section 439 of such Act (42 
     U.S.C. 629i), as amended by subsection (a) of this section 
     and paragraph (1) of this subsection, is amended--
       (A) in subsection (a)--
       (i) in the subsection heading, by striking ``Purpose'' and 
     inserting ``Purposes''; and
       (ii) in paragraph (2)--

       (I) in the paragraph heading, by striking ``Purpose'' and 
     inserting ``Purposes'';
       (II) by striking ``The purpose of this section is to 
     authorize the Secretary to make competitive'' and inserting 
     ``The purposes of this section are to authorize the 
     Secretary--

       ``(A) to make competitive'';
       (iii) by striking the period at the end and inserting ``; 
     and''; and
       (iv) by adding at the end the following:
       ``(B) to enter into on a competitive basis a cooperative 
     agreement to conduct a service delivery demonstration project 
     in accordance with the requirements of subsection (g).'';
       (B) in subsection (c)--
       (i) by striking ``(h)'' and inserting ``(i)''; and
       (ii) by striking ``(h)(2)'' and inserting ``(i)(2)'';
       (C) by amending subsection (h) (as so redesignated by 
     paragraph (1)(A) of this subsection) to read as follows:
       ``(h) Independent Evaluation; Reports.--
       ``(1) Independent evaluation.--The Secretary shall conduct 
     by grant, contract, or cooperative agreement an independent 
     evaluation of the programs authorized under this section, 
     including the service delivery demonstration project 
     authorized under subsection (g).
       ``(2) Reports.--Not later than 12 months after the date of 
     enactment of this subsection, the Secretary shall submit a 
     report to the Congress that includes the following:
       ``(A) The characteristics of the mentoring programs funded 
     under this section.
       ``(B) The plan for implementation of the service delivery 
     demonstration project authorized under subsection (g).
       ``(C) A description of the outcome-based evaluation of the 
     programs authorized under this section that the Secretary is 
     conducting as of that date of enactment and how the 
     evaluation has been expanded to include an evaluation of the 
     demonstration project authorized under subsection (g).
       ``(D) The date on which the Secretary shall submit a final 
     report on the evaluation to the Congress.''; and
       (D) in subsection (i) (as so redesignated)--
       (i) in the subsection heading, by striking ``Reservation'' 
     and inserting ``Reservations''; and
       (ii) in paragraph (2)--

       (I) by amending the paragraph heading to read as follows: 
     ``Reservations'';
       (II) by striking ``The'' and inserting the following:

       ``(A) Research, technical assistance, and evaluation.--
     The''; and

       (III) by adding at the end the following:

       ``(B) Service delivery demonstration project.--
       ``(i) In general.--Subject to clause (ii), for purposes of 
     awarding a cooperative agreement to conduct the service 
     delivery demonstration project authorized under subsection 
     (g), the Secretary shall reserve not more than--

       ``(I) $5,000,000 of the amount appropriated under paragraph 
     (1) for the first fiscal year in which funds are to be 
     awarded for the agreement;
       ``(II) $10,000,000 of the amount appropriated under 
     paragraph (1) for the second fiscal year in which funds are 
     to be awarded for the agreement; and
       ``(III) $15,000,000 of the amount appropriated under 
     paragraph (1) for the third fiscal year in which funds are to 
     be awarded for the agreement.

       ``(ii) Assurance of funding for general program grants.--
     With respect to any fiscal year, no funds may be awarded for 
     a cooperative agreement under subsection (g), unless at least 
     $25,000,000 of the amount appropriated under paragraph (1) 
     for that fiscal year is used by the Secretary for making 
     grants under this section for that fiscal year.''.

     SEC. 9. REAUTHORIZATION OF THE COURT IMPROVEMENT PROGRAM.

       Section 438 of the Social Security Act (42 U.S.C. 629h) is 
     amended in each of subsections (c)(1)(A) and (d) by striking 
     ``2006'' and inserting ``2011''.

     SEC. 10. REQUIREMENT FOR FOSTER CARE PROCEEDING TO INCLUDE, 
                   IN AN AGE-APPROPRIATE MANNER, CONSULTATION WITH 
                   THE CHILD THAT IS THE SUBJECT OF THE 
                   PROCEEDING.

       Section 475(5)(C) of the Social Security Act (42 U.S.C. 
     675(5)(C)) is amended--
       (1) by inserting ``(i)'' after ``with respect to each such 
     child,'';
       (2) by striking ``and procedural safeguards shall also'' 
     and inserting ``(ii) procedural safeguards shall''; and
       (3) by inserting ``and (iii) procedural safeguards shall be 
     applied to assure that in any permanency hearing held with 
     respect to the child, including any hearing regarding the 
     transition of the child from foster care to independent 
     living, the court or administrative body conducting the 
     hearing consults, in an age-appropriate manner, with the 
     child regarding the proposed permanency or transition plan 
     for the child;'' after ``parents;''.

     SEC. 11. TECHNICAL AMENDMENTS.

       (a) Updating of Archaic Language.--
       (1) Section 423 of the Social Security Act, as so 
     redesignated by section 6(b)(2) of this Act--
       (A) is amended by striking ``per centum'' and inserting 
     ``percent''; and
       (B) by striking ``He'' and inserting ``The Secretary''.
       (2) Section 424(a) of such Act, as so redesignated by 
     section 6(b)(2) of this Act, is amended by striking ``per 
     centum'' and inserting ``percent''.
       (b) Elimination of Obsolete Provision.--Section 426 of such 
     Act (42 U.S.C. 626) is amended by striking subsection (b) and 
     redesignating subsection (c) as subsection (b).
       (c) Technical Correction.--Section 431(a)(6) of such Act 
     (42 U.S.C. 629a(a)(6)) is amended by striking ``1986'' and 
     inserting ``1996''.

     SEC. 12. EFFECTIVE DATES.

       (a) In General.--Except as otherwise provided in this Act, 
     the amendments made by this Act shall take effect on October 
     1, 2006, and shall apply to payments under parts B and E of 
     title IV of the Social Security Act for calendar quarters 
     beginning on or after such date, without regard to whether 
     regulations to implement the amendments are promulgated by 
     such date.
       (b) Delay Permitted if State Legislation Required.--If the 
     Secretary of Health and Human Services determines that State 
     legislation (other than legislation appropriating funds) is 
     required in order for a State plan developed pursuant to 
     subpart 1 of part B, or a State plan approved under subpart 2 
     of part B or part E, of title IV of the Social Security Act 
     to meet the additional requirements imposed by the amendments 
     made by this Act, the plan shall not be regarded as failing 
     to meet any of the additional requirements before the 1st day 
     of the 1st calendar quarter beginning after the first regular 
     session of the State legislature

[[Page S9820]]

     that begins after the date of the enactment of this Act. If 
     the State has a 2-year legislative session, each year of the 
     session is deemed to be a separate regular session of the 
     State legislature.
       (c) Availability of Promoting Safe and Stable Families 
     Resources for Fiscal Year 2006.--Section 3(c) shall take 
     effect on the date of the enactment of this Act.

                                 ______
                                 
  SA 5025. Mr. McCONNELL (for Mr. Grassley (for himself, Mr. Baucus, 
Mr. Hatch, Mr. Rockefeller, and Ms. Snowe)) proposed an amendment to 
the bill S. 3525, to reauthorize the safe and stable families program, 
and for other purposes; as follows:

       In lieu of the matter proposed to be inserted by the 
     amendment of the House to the title of the Act, insert the 
     following: ``An Act to amend part B of title IV of the Social 
     Security Act to reauthorize the promoting safe and stable 
     families program, and for other purposes.''.

     

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