Congressional Record, Volume 153 Issue 5 (Wednesday, January 10, 2007)

[Congressional Record Volume 153, Number 5 (Wednesday, January 10, 2007)]
[Senate]
[Pages S359-S394]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. FEINGOLD (for himself, Mr. Sununu, Mr. Leahy, and Mr.
Akaka):
S. 236. A bill to require reports to Congress on Federal agency use
of data mining; to the Committee on the Judiciary.
Mr. FEINGOLD. Mr. President, I am pleased today to introduce the
Federal Agency Data Mining Reporting Act of 2007. I want to thank
Senator Sununu for once again cosponsoring this bill, which we also
introduced in the last Congress. Senator Sununu has consistently been a
leader on privacy issues, and I am pleased to work with him on this
effort. I also want to thank Senators Leahy, Akaka, and Wyden, for
their continuing support of the bill.
The controversial data analysis technology known as data mining is
capable of reviewing millions of both public and private records on
each and every American. The possibility of government law enforcement
or intelligence agencies fishing for patterns of criminal or terrorist
activity in these vast quantities of digital data raises serious
privacy and civil liberties issues--not to mention serious questions
about the effectiveness of these types of searches. But four years
after Congress first learned about and defunded the Defense
Department's program called Total Information Awareness, there is still
much Congress does not know about the Federal Government's work on data
mining.
We have made some progress. We know from reviews conducted by the
Government Accountability Office that as of May 2004 there were nearly
200 Federal data mining programs, more than one hundred of which relied
on personal information and 29 of which were for the purpose of
investigating terrorists or criminals. And we have learned a few more
details on five of those programs from a follow-up report that GAO
issued in August 2005. We also have a brief report from the DHS
Inspector General published in August 2006, and as a result of my
amendment to the DHS appropriations bill we have a July 2006 report
from the Privacy Office at the Department of Homeland Security that
provides some interesting policy suggestions relating to data mining.
But this information has come to us haphazardly, and lacks detail
about the precise nature of the data mining programs being utilized or
developed, their efficacy, and the consequences Americans could face as
a result. Furthermore, much of the reporting thus far has focused on
the Department of Homeland Security. It also appears there has been
little if any government-wide consideration of privacy policies for
these types of programs. Indeed, public debate on government data
mining has been generated more by press stories than as a result of
congressional oversight.
My bill would require all Federal agencies to report to Congress
within 180 days and every year thereafter on data mining programs
developed or used to find a pattern or anomaly indicating terrorist or
other criminal activity on the part of individuals, and how these
programs implicate the civil liberties and privacy of all Americans. If
necessary, specific information in the various reports could be
classified.
This is information we need to have. Congress should not be learning
the details about data mining programs after millions of dollars are
spent testing or using data mining against unsuspecting Americans. The
possibility of unchecked, secret use of data mining technology
threatens one of the most important values that we are fighting for in
the war against terrorism--freedom.
Data mining could rely on a combination of intelligence data and
personal information like individuals' traffic violations, credit card
purchases, travel records, medical records, and virtually any
information contained in commercial or public databases. Congress must
conduct oversight to make sure that all government agencies engaged in
fighting terrorism and other criminal enterprises--not just the
Department of Homeland Security, but also the Department of Justice,
the Department of Defense and others--use these types of sensitive
personal information effectively and appropriately.
Let me clarify what this bill does not do. It does not have any
effect on the government's use of commercial data to conduct
individualized searches on people who are already suspects, nor does it
require that the government report on these types of searches. It does
not end funding for any program, determine the rules for use of data
mining technology, or threaten any ongoing investigation that might use
data mining technology.
My bill would simply provide Congress with information about the
nature of the technology and the data that will be used. The Federal
Agency Data Mining Reporting Act would require all government agencies
to assess

[[Page S360]]

the efficacy of the data mining technology they are using or
developing--that is, whether the technology can deliver on the promises
of each program. In addition, my bill would make sure that Congress
knows whether the Federal agencies using data mining technology have
considered and developed policies or guidelines to protect the privacy
and due process rights of individuals, such as privacy technologies and
redress procedures. With complete information about the current data
mining plans and practices of the Federal Government, Congress will be
able to conduct a thorough review of the costs and benefits of the
practice of data mining on a program-by-program basis and make
considered judgments about whether programs should go forward. Congress
will also be able to evaluate whether new privacy rules are necessary.
In addition, Congress must look closely at the government's
activities because data mining is unproven in this area. Some argue
that data mining can help locate potential terrorists before they
strike. But we do not, today, have evidence that pattern-based data
mining will prevent terrorism. In fact, some technology experts have
warned that this type of data mining is not the right approach for the
terrorism problem. Just last month, the Cato Institute released a
report--coauthored by a scientist specializing in data analytics and an
information privacy expert--concluding that ``[t]he only thing
predictable about predictive data mining for terrorism is that it would
be consistently wrong.''
Some commercial uses of data mining have been successful, but have
arisen in a very different context than counterterrorism efforts. For
example, the financial world has successfully used data mining to
identify people committing fraud because it has data on literally
millions, if not billions, of historical financial transactions. And
the banks and credit card companies know, in large part, which of those
past transactions have turned out to be fraudulent. So when they apply
sophisticated statistical algorithms to that massive amount of
historical data, they are able to make a pretty good guess about what a
fraudulent transaction might look like in the future.
We do not have that kind of historical data about terrorists and
sleeper cells. We have just a handful of individuals whose past actions
can be analyzed, which makes it virtually impossible to apply the kind
of advanced statistical analysis required to use data mining in this
way. That raises serious questions about whether data mining will ever
be able to locate an actual terrorist. Before the government starts
reviewing personal information about every man, woman and child in this
country, we should learn what data mining can and can't do--and what
limits and protections are needed if data mining programs do go
forward.
We must also bear in mind that there will inevitably be errors in the
underlying data. Everyone knows people who have had errors on their
credit reports--and that is the one area of commercial data where the
law already imposes strict accuracy requirements. Other types of
commercial data are likely to be even more inaccurate. Even if the
technology itself were effective, I am very concerned that innocent
people could be ensnared because of mistakes in the data that make them
look suspicious. The recent rise in identity theft, which creates even
more data accuracy problems, makes it even more important that we
address this issue.
I also want to touch on one issue that has proved difficult in many
debates about data mining: how to define the term. What is data mining?
From policy debates to government reports, many people have wrestled
with this question. While it can be defined more broadly, for the
purpose of this reporting requirement, data mining is limited to the
process of attempting to predict future events or actions by
discovering or locating patterns or anomalies in data. However, for
purposes of the reporting requirement in this bill, which seeks
information on those data mining programs most likely to threaten the
privacy and civil liberties of Americans, I have limited the definition
in a couple of other ways. First, the bill's core definition of data
mining is to conduct a query, search or other analysis of one or more
electronic databases to ``discover a predictive pattern or an anomaly
indicative of terrorist or criminal activity on the part of any
individual or individuals.'' Data mining has a number of applications
at various government agencies outside the context of terrorism and
other criminal investigations, but I have limited the definition for
purposes of this legislation in order to get reports on the programs
most likely to raise privacy concerns. For example, the May 2004 GAO
report identified a number of government data mining programs whose
goals are managing resources efficiently or identifying fraud, waste
and abuse in government programs, and that do not rely on personally
identifiable information. I am not seeking reports on programs like
these.
Second, as I alluded to earlier, the definition explicitly excludes
queries to retrieve information from a database that is based on
information--such as address, passport number or license plate number--
that is associated with a particular individual or individuals. This
type of query is a traditional investigative technique. Although
government agencies must be careful in their use of commercial
databases, simply querying a Choicepoint database for information about
someone who is already a suspect is not data mining.
Most Americans believe that their private lives should remain
private. Data mining programs run the risk of intruding into the lives
of individuals who have nothing to do with terrorism or other criminal
activity and understandably do not want their credit reports, shopping
habits and doctor visits to become a part of a gigantic computerized
search engine operating without any controls or oversight, and without
much promise of locating terrorists. As the Cato report put it, ``[t]he
possible benefits of predictive data mining for finding planning or
preparation for terrorism are minimal. The financial costs, wasted
effort, and threats to privacy and civil liberties are potentially
vast.''
At a minimum, the administration should be required to report to
Congress about the various data mining programs now underway or being
studied, and the impact those programs may have on our privacy and
civil liberties, so that Congress can determine whether any benefits of
this practice come at too high a price to our privacy and personal
liberties. As Senator Wyden and I have told the Director of National
Intelligence, we must have a public discussion about the efficacy and
privacy implications of data mining. We wrote a letter to him on
November 15, 2006, that included the following:

[W]e believe there needs to be a public discussion before
the implementation of any government data mining program that
would rely on domestic commercial data and other information
about Americans. There are serious questions about whether
pattern analysis of such data can effectively identify
terrorists, given the relative lack of historical data about
terrorist activities. And as the furor over the Total
Information Awareness program demonstrated, the American
public has serious--and legitimate--concerns about the
privacy ramifications of programs designed to fish for
patterns of criminal or terrorist activity in vast quantities
of digital data, collected by other entities for entirely
different reasons. Pattern analysis runs the risk of
generating a large number of false positives, meaning that
innocent Americans could become the subject of investigation.
Before we go down that path, it is critical that we have a
public discussion about the efficacy and privacy implications
of this technology. And, if we decide that data mining is
effective enough to warrant spending taxpayer dollars on it,
we should establish strong privacy protections to protect
innocent people from being the subject of government
suspicion.
Of course, the Intelligence Community should be taking
advantage of new technologies in its critical responsibility
to protect our country from terrorists, and much of its work
must remain classified to protect national security. But we
can have a public debate about what privacy rules should
constrain data mining programs deployed domestically, without
revealing sensitive information like the precise algorithms
that the government has developed.

This bill is the first step in this process--a way for Congress and,
to the degree appropriate, the public to finally understand what is
going on behind the closed doors of the executive branch so that we can
start to have a policy discussion about data mining that is long
overdue. I urge my colleagues to support this bill. All it asks for is
information to which Congress and the American people are entitled.

[[Page S361]]

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

S. 236

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Federal Agency Data Mining
Reporting Act of 2007''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Data mining.--The term ``data mining'' means a query,
search, or other analysis of 1 or more electronic databases,
where--
(A) a department or agency of the Federal Government, or a
non-Federal entity acting on behalf of the Federal
Government, is conducting the query, search, or other
analysis to discover or locate a predictive pattern or
anomaly indicative of terrorist or criminal activity on the
part of any individual or individuals; and
(B) the query, search, or other analysis does not use
personal identifiers of a specific individual, or inputs
associated with a specific individual or group of
individuals, to retrieve information from the database or
databases.
(2) Database.--The term ``database'' does not include
telephone directories, news reporting, information publicly
available to any member of the public without payment of a
fee, or databases of judicial and administrative opinions.

SEC. 3. REPORTS ON DATA MINING ACTIVITIES BY FEDERAL
AGENCIES.

(a) Requirement for Report.--The head of each department or
agency of the Federal Government that is engaged in any
activity to use or develop data mining shall submit a report
to Congress on all such activities of the department or
agency under the jurisdiction of that official. The report
shall be made available to the public, except for a
classified annex described in subsection (b)(8).
(b) Content of Report.--Each report submitted under
subsection (a) shall include, for each activity to use or
develop data mining, the following information:
(1) A thorough description of the data mining activity, its
goals, and, where appropriate, the target dates for the
deployment of the data mining activity.
(2) A thorough description of the data mining technology
that is being used or will be used, including the basis for
determining whether a particular pattern or anomaly is
indicative of terrorist or criminal activity.
(3) A thorough description of the data sources that are
being or will be used.
(4) An assessment of the efficacy or likely efficacy of the
data mining activity in providing accurate information
consistent with and valuable to the stated goals and plans
for the use or development of the data mining activity.
(5) An assessment of the impact or likely impact of the
implementation of the data mining activity on the privacy and
civil liberties of individuals, including a thorough
description of the actions that are being taken or will be
taken with regard to the property, privacy, or other rights
or privileges of any individual or individuals as a result of
the implementation of the data mining activity.
(6) A list and analysis of the laws and regulations that
govern the information being or to be collected, reviewed,
gathered, analyzed, or used with the data mining activity.
(7) A thorough discussion of the policies, procedures, and
guidelines that are in place or that are to be developed and
applied in the use of such technology for data mining in
order to--
(A) protect the privacy and due process rights of
individuals, such as redress procedures; and
(B) ensure that only accurate information is collected,
reviewed, gathered, analyzed, or used.
(8) Any necessary classified information in an annex that
shall be available, as appropriate, to the Committee on
Homeland Security and Governmental Affairs, the Committee on
the Judiciary, the Select Committee on Intelligence, and the
Committee on Appropriations of the Senate and the Committee
on Homeland Security, the Committee on the Judiciary, the
Permanent Select Committee on Intelligence, and the Committee
on Appropriations of the House of Representatives.
(c) Time for Report.--Each report required under subsection
(a) shall be--
(1) submitted not later than 180 days after the date of
enactment of this Act; and
(2) updated not less frequently than annually thereafter,
to include any activity to use or develop data mining engaged
in after the date of the prior report submitted under
subsection (a).

Mr. LEAHY. Mr. President, I am pleased today to join with Senators
Feingold, Sununu and others to introduce the Federal Agency Data Mining
Reporting Act of 2007. This important privacy legislation would begin
to restore key checks and balances by requiring Federal agencies to
report to Congress on their datamining programs and activities. We
joined together to introduce a similar bill last Congress. Regrettably,
it received no attention. This year, I intend to make sure that we do a
better job in considering Americans' privacy, checks and balances, and
the proper balance to protect Americans' privacy rights while fighting
smarter and more effectively against security threats.
In recent years, the Federal Government's use of data mining
technology has exploded. According to a May 2004 report by the General
Accounting Office, there are at least 199 different government data
mining programs operating or planned throughout the Federal Government,
with at least 52 different Federal agencies currently using data mining
technology. And, more and more, these data mining programs are being
used with little or no notice to ordinary citizens, or to Congress.
Advances in technologies make data banks and data mining more
powerful and more useful than at any other time in our history. These
can be useful tools in our national security arsenal, but we should use
them appropriately so that they can be most effective. A mistake can
cost Americans their jobs and wreak havoc in their lives and
reputations that can take years to repair. Without adequate safeguards,
oversight and checks and balances, these powerful technologies also
become an invitation to government abuse. The government must take
steps to ensure that it is properly using this technology. Too often,
government data mining programs lack adequate safeguards to protect the
privacy rights and civil liberties of ordinary Americans, whose data is
collected and analyzed by these programs. Without these safeguards,
government data mining programs are prone to produce inaccurate results
and are ripe for abuse, error and unintended consequences.
This legislation takes an important first step in addressing these
concerns by pulling back the curtain on how this Administration is
using this technology. It does not by its terms prohibit the use of
this technology, but rather provides an oversight mechanism to begin to
ensure it is being used appropriately and effectively. This bill would
require Federal agencies to report to Congress about its data mining
programs. The legislation provides a much-needed check on federal
agencies to disclose the steps that they are taking to protect the
privacy and due process rights of American citizens when they use these
programs.
We need checks and balances to keep government data bases from being
misused against the American people. That is what the Constitution and
our laws should provide. We in Congress must make sure that when our
government uses technology to detect and deter illegal activity that it
does so in a manner that also protects our most basic rights and
liberties. This bill advances this important goal, and I urge all
Senators to support this important privacy legislation.
______

By Mrs. FEINSTEIN (for herself, Mr. Craig, Mr. Kennedy, Mr.
Martinez, Mrs. Boxer, and Mr. Voinovich):
S. 237. A bill to improve agricultural job opportunities, benefits,
and security for aliens in the United States and for other purposes; to
the Committee on the Judiciary.
Mrs. FEINSTEIN. Mr. President, Senators Craig, Kennedy, Martinez,
Boxer, Voinovich and I are once again introducing legislation that will
address the chronic labor shortage in our Nation's agricultural
industry. This bill is a priority for me--and for the tens of thousands
of farmers who are currently suffering--and I hope we will move it
forward early in this Congress.
The Agricultural Job Opportunities, Benefits, and Security Act, or
AgJOBS, is the product of more than ten years of work. It is a
bipartisan bill supported by growers, farmers, and farm workers alike.
It passed the Senate last year as part of the comprehensive immigration
reform bill last spring in the 109th Congress. It is time to move this
bill forward.
The agricultural industry is in crisis. Farmers across the Nation
report a 20 percent decline in labor.
The result is that there are simply not enough farm workers to
harvest the crops.
The Nation's agricultural industry has suffered. If we do not enact a
workable solution to the agricultural labor crisis, we risk a national
production loss of $5 billion to $9 billion each year,

[[Page S362]]

according to the American Farm Bureau.
California, in particular, will suffer. California is the single
largest agricultural state in the nation. California agriculture
accounts for $34 billion in annual revenue. There 76,500 farms that
produce half of the nation's fruits, vegetables, and nuts from only 3
percent of the Nation's farmland.
California farms produce approximately 350 different crops: pears,
walnuts, raisins, lettuce, onions, cotton, just to name a few.
Many of the farmers who grow these crops have been in the business
for generations. They farm the land that their parents and their
grandparents farmed before them.
The sad consequence of the labor shortage is that many of these
farmers are giving up their farms. Some are leaving the business
entirely. Others are bulldozing their fruit trees--literally pulling
out trees that have been in the family for generations--because they do
not have the labor they need to harvest their fruit.
Once the trees are gone, they are replaced by crops that do not
require manual labor. And our pears, our apples, our oranges will come
from foreign sources.
The trend is quite clear. If there is not a means to grow and harvest
our produce here, we will import produce from China, from Mexico, from
other countries who have the labor they need.
We will put American farmers out of business. And there will be a
ripple effect felt throughout the economy: in farm equipment, inputs,
packaging, processing, transportation, marketing, lending and
insurance. Jobs will be lost and our economy will suffer.
The reality is that Americans have come to rely on undocumented
workers to harvest their crops for them.
In California alone, we rely on approximately one million
undocumented workers to harvest the crops. The United Farm Workers
estimate that undocumented workers make up as much as 90 percent the
farm labor payroll.
Americans simply will not do the work. It is hard, stooped labor,
requiring long and unpredictable hours. Farm workers must leave home
and travel from farm to farm to plant, prune, and harvest crops
according to the season.
We must come to terms with the fact that we rely on an undocumented
migrant work force. We must bring those workers out of the shadows and
create a legal and enforceable means to provide labor for agriculture.
That realization is what led to the long and careful negotiations
creating AgJOBS.
The AgJOBS bill is a two part bill. Part one identifies and deals
with those undocumented agricultural workers who have been working in
the United States for the past 2 years or more. Part two creates a more
usable H-2A Program, to implement a realistic and effective guest
worker program.
The first step requires undocumented agricultural workers to apply
for a ``blue card'' if they can demonstrate that they have worked in
American agriculture for at least 150 workdays over the past 2 years.
The blue card entitles the worker to a temporary legal resident status.
The blue card itself is encrypted and machine readable; it is tamper
and counterfeit resistant, and contains biometric identifiers unique to
the farm worker.
The second step requires that a blue card holder work in American
agriculture for an additional 5 years for at least 100 workdays a year,
or 3 years at 150 workdays a year.
Blue card workers would have to pay a $500 fine. The workers can
travel abroad and reenter the United States and they may work in other,
non-agricultural jobs, as long as they meet the agricultural work
requirements.
The blue card worker's spouse and minor children, who already live in
the United States, may also apply for a temporary legal status and
identification card, which would permit them to work and travel.
The total number of blue cards is capped at 1.5 million over a five
year period and the program sunsets after 5 years.
At the end of the required work period, the blue card worker may
apply for a green card to become a legal permanent resident.
There are also a number of safeguards. If a blue card worker does not
apply for a green card, or does not fulfill the work requirements, that
individual can be deported.
Likewise, a blue card holder who commits a felony, three
misdemeanors, or any crime that involves bodily injury, the threat of
serious bodily injury, or harm to property in excess of $500, cannot
get a green card and can be deported.
This program, for the first time, allows us to identify those
hundreds of thousands of farm workers who now work in the shadows. It
requires the farm workers to come forward and to be identified in
exchange for the right to work and live legally in the United States.
And it gives farmers the legal certainty they need to hire the workers
they need.
The program also modifies the H-2A guest worker program so that it
realistically responds to our agricultural needs.
Currently, the H-2A program is bureaucratic, unresponsive, expensive,
and prone to litigation. Farmers cannot get the labor when they need
it. AgJOBS offers a much-needed reform of the outdated system.
The labor certification process, which often takes 60 days or more,
is replaced by an ``attestation'' process. The employer can file a fax-
back application form agreeing to abide by the requirements of the H-2A
program. Approval should occur in 48 to 72 hours.
The interstate clearance order to determine whether there are U.S.
workers who can qualify for the jobs is replaced by a requirement that
the employer file a job notification with the local office of the state
Employment Security Agency. Advertising and positive recruitment must
take place in the local labor market area.
Agricultural associations can continue to file applications on behalf
of members.
The statutory prohibition against ``adversely affecting'' U.S.
workers is eliminated. The Adverse Effect Wage Rate is instead frozen
for 3 years, and thereafter indexed by a methodology that will lead to
its gradual replacement with a prevailing wage standard.
Employers may elect to provide a housing allowance in lieu of housing
if the governor determines that there is adequate rental housing
available in the area of employment.
Inbound and return transportation and subsistence are required on the
same basis as under the current program, except that trips of less than
100 miles are excluded, and workers whom an employer is not required to
provide housing are excluded.
The motor vehicle safety standards for U.S. workers are extended to
H-2A workers.
Petitions for admission of H-2A workers must be processed and the
consulate or port of entry notified within 7 days of receipt.
Requirements are the same as current law.
Petitions extending aliens' stay or changing employers are valid upon
filing.
Employers may apply for the admission of new H-2A workers to replace
those who abandoned their work or are terminated for cause, and the
Department of Homeland Security is required to remove H-2A aliens who
abandoned their work.
H-2A visas will be secure and counterfeit resistant.
A new limited federal right of action is available to foreign workers
to enforce the economic benefits required under the H-2A program, and
any benefits expressly offered by the employer in writing. A statute of
limitations of three years is imposed.
Finally, lawsuits in State court under State contract law alleging
violations of the H-2A program requirements and obligations are
expressly preempted. Such State court lawsuits have been the venue of
choice for litigation against H-2A employers in recent years.
AgJOBS is the one part of the immigration bill about which there is
uniform agreement. Everyone knows that agriculture in America is
supported by undocumented workers. As immigration enforcement tightens
up, and increasing numbers of people are prevented from crossing the
borders or are being deported, the result is our crops go unharvested.
We are faced today with a very practical dilemma and one that is easy
to solve. The legislation has been vetted over and over again. Senator
Craig, I,

[[Page S363]]

and a multitude of other Senators have sat down with the growers, with
the farm bureaus, with the chambers, with everybody who knows
agriculture, and they have all signed off on the AgJOBS bill.
This is our opportunity to solve a real problem.
I ask my colleagues to join Senator Craig, Senator Kennedy, Senator
Martinez, Senator Boxer, Senator Voinovich and me in supporting this
legislation.
I also ask by unanimous consent that the text of this bill be printed
in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 237

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

SECTION 1. SHORT TITLE, TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the
``Agricultural Job Opportunities, Benefits, and Security Act
of 2007'' or the ``AgJOBS Act of 2007''.
(b) Table of Contents.--The table of contents for this Act
is as follows:

Sec. 1. Short title, table of contents.
Sec. 2. Definitions.

TITLE I--PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL
WORKERS

Subtitle A--Blue Card Status

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

Subtitle B--Correction of Social Security Records

Sec. 111. Correction of Social Security records.

TITLE II--REFORM OF H-2A WORKER PROGRAM

Sec. 201. Amendment to the Immigration and Nationality Act.

TITLE III--MISCELLANEOUS PROVISIONS

Sec. 301. Determination and use of user fees.
Sec. 302. Regulations.
Sec. 303. Reports to Congress.
Sec. 304. Effective date.

SEC. 2. DEFINITIONS.

In this Act:
(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 or the performance of agricultural labor or services
described in section 101(a)(15)(H)(ii)(a) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)).
(2) Blue card status.--The term ``blue card status'' means
the status of an alien who has been lawfully admitted into
the United States for temporary residence under section
101(a).
(3) Department.--The term ``Department'' means the
Department of Homeland Security.
(4) Employer.--The term ``employer'' means any person or
entity, including any farm labor contractor and any
agricultural association, that employs workers in
agricultural employment.
(5) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of Homeland Security.
(6) Temporary.--A worker is employed on a ``temporary''
basis when the employment is intended not to exceed 10
months.
(7) Work day.--The term ``work day'' means any day in which
the individual is employed 5.75 or more hours in agricultural
employment.

TITLE I--PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL
WORKERS

Subtitle A--Blue Card Status

SEC. 101. REQUIREMENTS FOR BLUE CARD STATUS.

(a) Requirement to Grant Blue Card Status.--Notwithstanding
any other provision of law, the Secretary shall, pursuant to
the requirements of this section, grant blue card status to
an alien who qualifies under this section if the Secretary
determines that the alien--
(1) 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, 2006;
(2) applied for such status during the 18-month application
period beginning on the first day of the seventh month that
begins after the date of enactment of this Act;
(3) is otherwise admissible to the United States under
section 212 of the Immigration and Nationality Act (8 U.S.C.
1182), except as otherwise provided under section 105(b); and
(4) has not been convicted of any felony or a misdemeanor,
an element of which involves bodily injury, threat of serious
bodily injury, or harm to property in excess of $500.
(b) Authorized Travel.--An alien who is granted blue card
status is authorized to travel outside the United States
(including commuting to the United States from a residence in
a foreign country) in the same manner as an alien lawfully
admitted for permanent residence.
(c) Authorized Employment.--The Secretary shall provide an
alien who is granted blue card status an employment
authorized endorsement or other appropriate work permit, in
the same manner as an alien lawfully admitted for permanent
residence.
(d) Termination of Blue Card Status.--
(1) In general.--The Secretary may terminate blue card
status granted to an alien under this section only if the
Secretary determines that the alien is deportable.
(2) Grounds for termination of blue card status.--Before
any alien becomes eligible for adjustment of status under
section 103, 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--
(A) the Secretary finds, by a preponderance of the
evidence, that the adjustment to blue card status was the
result of fraud or willful misrepresentation (as described in
section 212(a)(6)(C)(i) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(6)(C)(i)); or
(B) the alien--
(i) commits an act that makes the alien inadmissible to the
United States as an immigrant, except as provided under
section 105(b);
(ii) is convicted of a felony or 3 or more misdemeanors
committed in the United States;
(iii) is convicted of an offense, an element of which
involves bodily injury, threat of serious bodily injury, or
harm to property in excess of $500; or
(iv) fails to perform the agricultural employment required
under section 103(a)(1)(A) unless the alien was unable to
work in agricultural employment due to the extraordinary
circumstances described in section 103(a)(3).
(e) Record of Employment.--
(1) In general.--Each employer of an alien granted blue
card status under this section shall annually--
(A) provide a written record of employment to the alien;
and
(B) provide a copy of such record to the Secretary.
(2) Sunset.--The obligation under paragraph (1) shall
terminate on the date that is 6 years after the date of the
enactment of this Act.
(f) Required Features of Identity Card.--The Secretary
shall provide each alien granted blue card status, and the
spouse and any child of each such alien residing in the
United States, with a card that contains--
(1) an encrypted, machine-readable, electronic
identification strip that is unique to the alien to whom the
card is issued;
(2) biometric identifiers, including fingerprints and a
digital photograph; and
(3) physical security features designed to prevent
tampering, counterfeiting, or duplication of the card for
fraudulent purposes.
(g) Fine.--An alien granted blue card status shall pay a
fine of $100 to the Secretary.
(h) Maximum Number.--The Secretary may not issue more than
1,500,000 blue cards during the 5-year period beginning on
the date of the enactment of this Act.

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

(a) In General.--Except as otherwise provided under this
section, an alien granted blue card status shall be
considered to be an alien lawfully admitted for permanent
residence for purposes of any law other than any provision of
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(b) Delayed Eligibility for Certain Federal Public
Benefits.--An alien granted blue card status shall not be
eligible, by reason of such status, for any form of
assistance or benefit described in section 403(a) of the
Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (8 U.S.C. 1613(a)) until 5 years after the date
on which the alien is granted an adjustment of status under
section 103.
(c) Terms of Employment.--
(1) 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.
(2) Treatment of complaints.--
(A) 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 paragraph 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.
(B) Initiation of arbitration.--If the Secretary finds that
an alien has filed a complaint in accordance with
subparagraph (A) and there is reasonable cause to believe
that the alien was terminated from employment 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

[[Page S364]]

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.
(C) Arbitration proceedings.--The arbitrator shall conduct
the proceeding under this paragraph 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. Not later than 30 days after the date of 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.
(D) Effect of arbitration findings.--If the Secretary
receives a finding of an arbitrator that an employer has
terminated the employment of an alien who is granted blue
card status without just cause, the Secretary shall credit
the alien for the number of days or hours of work not
performed during such period of termination for the purpose
of determining if the alien meets the qualifying employment
requirement of section 103(a).
(E) Treatment of attorney's fees.--Each party to an
arbitration under this paragraph shall bear the cost of their
own attorney's fees for the arbitration.
(F) Nonexclusive remedy.--The complaint process provided
for in this paragraph is in addition to any other rights an
employee may have in accordance with applicable law.
(G) 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 subparagraph (D).
(3) Civil penalties.--
(A) In general.--If the Secretary finds, after notice and
opportunity for a hearing, that an employer of an alien
granted blue card status has failed to provide the record of
employment required under section 101(e) 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.
(B) Limitation.--The penalty applicable under subparagraph
(A) for failure to provide records shall not apply unless the
alien has provided the employer with evidence of employment
authorization granted under this section.

SEC. 103. ADJUSTMENT TO PERMANENT RESIDENCE.

(a) In General.--Except as provided in subsection (b), the
Secretary shall adjust the status of an alien granted blue
card status to that of an alien lawfully admitted for
permanent residence if the Secretary determines that the
following requirements are satisfied:
(1) Qualifying employment.--
(A) In general.--Subject to subparagraph (B), the alien has
performed at least--
(i) 5 years of agricultural employment in the United States
for at least 100 work days per year, during the 5-year period
beginning on the date of the enactment of this Act; or
(ii) 3 years of agricultural employment in the United
States for at least 150 work days per year, during the 3-year
period beginning on the date of the enactment of this Act.
(B) 4-year period of employment.--An alien shall be
considered to meet the requirements of subparagraph (A) if
the alien has performed 4 years of agricultural employment in
the United States for at least 150 work days during 3 years
of those 4 years and at least 100 work days during the
remaining year, during the 4-year period beginning on the
date of the enactment of this Act.
(2) Proof.--An alien may demonstrate compliance with the
requirement under paragraph (1) by submitting--
(A) the record of employment described in section 101(e);
or
(B) such documentation as may be submitted under section
104(c).
(3) Extraordinary circumstances.--In determining whether an
alien has met the requirement of paragraph (1)(A), the
Secretary may credit the alien with not more than 12
additional months to meet the requirement of that
subparagraph if the alien was unable to work in agricultural
employment due to--
(A) pregnancy, injury, or disease, if the alien can
establish such pregnancy, disabling injury, or disease
through medical records;
(B) illness, disease, or other special needs of a minor
child, if the alien can establish such illness, disease, or
special needs through medical records; or
(C) severe weather conditions that prevented the alien from
engaging in agricultural employment for a significant period
of time.
(4) Application period.--The alien applies for adjustment
of status not later than 7 years after the date of the
enactment of this Act.
(5) Fine.--The alien pays a fine of $400 to the Secretary.
(b) Grounds for Denial of Adjustment of Status.--The
Secretary may deny an alien granted blue card status an
adjustment of status under this section and provide for
termination of such blue card status if--
(1) the Secretary finds by a preponderance of the evidence
that the adjustment to blue card status was the result of
fraud or willful misrepresentation, as described in section
212(a)(6)(C)(i) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(6)(C)(i)); or
(2) the alien--
(A) commits an act that makes the alien inadmissible to the
United States under section 212 of the Immigration and
Nationality Act (8 U.S.C. 1182), except as provided under
section 105(b);
(B) is convicted of a felony or 3 or more misdemeanors
committed in the United States; or
(C) is convicted of an offense, an element of which
involves bodily injury, threat of serious bodily injury, or
harm to property in excess of $500.
(c) Grounds for Removal.--Any alien granted blue card
status who does not apply for adjustment of status under this
section before the expiration of the application period
described in subsection (a)(4) or who fails to meet the other
requirements of subsection (a) by the end of the application
period, is deportable and may be removed under section 240 of
the Immigration and Nationality Act (8 U.S.C. 1229a).
(d) Payment of Taxes.--
(1) In general.--Not later than the date on which an
alien's status is adjusted under this section, the alien
shall establish that the alien does not owe any applicable
Federal tax liability by establishing that--
(A) no such tax liability exists;
(B) all such outstanding tax liabilities have been paid; or
(C) the alien has entered into an agreement for payment of
all outstanding liabilities with the Internal Revenue
Service.
(2) Applicable federal tax liability.--In paragraph (1) the
term ``applicable Federal tax liability'' means liability for
Federal taxes, including penalties and interest, owed for any
year during the period of employment required under
subsection (a)(1) for which the statutory period for
assessment of any deficiency for such taxes has not expired.
(3) IRS cooperation.--The Secretary of the Treasury shall
establish rules and procedures under which the Commissioner
of Internal Revenue shall provide documentation to an alien
upon request to establish the payment of all taxes required
by this subsection.
(e) Spouses and Minor Children.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary shall confer the status of lawful
permanent resident on the spouse and minor child of an alien
granted any adjustment of status under subsection (a),
including any individual who was a minor child on the date
such alien was granted blue card status, if the spouse or
minor child applies for such status, or if the principal
alien includes the spouse or minor child in an application
for adjustment of status to that of a lawful permanent
resident.
(2) Treatment of spouses and minor children.--
(A) Granting of status and removal.--The Secretary may
grant derivative status to the alien spouse and any minor
child residing in the United States of an alien granted blue
card status and shall not remove such derivative spouse or
child during the period that the alien granted blue card
status maintains such status, except as provided in paragraph
(3). A grant of derivative status to such a spouse or child
under this subparagraph shall not decrease the number of
aliens who may receive blue card status under subsection (h)
of section 101.
(B) Travel.--The derivative spouse and any minor child of
an alien granted blue card status may travel outside the
United States in the same manner as an alien lawfully
admitted for permanent residence.
(C) Employment.--The derivative spouse of an alien granted
blue card status may apply to the Secretary for a work permit
to authorize such spouse to engage in any lawful employment
in the United States while such alien maintains blue card
status.
(3) Grounds for denial of adjustment of status and
removal.--The Secretary may deny an alien spouse or child
adjustment of status under paragraph (1) and may remove such
spouse or child under section 240 of the Immigration and
Nationality Act (8 U.S.C. 1229a) if the spouse or child--
(A) commits an act that makes the alien spouse or child
inadmissible to the United States under section 212 of such
Act (8 U.S.C. 1182), except as provided under section 105(b);
(B) is convicted of a felony or 3 or more misdemeanors
committed in the United States; or

[[Page S365]]

(C) is convicted of an offense, an element of which
involves bodily injury, threat of serious bodily injury, or
harm to property in excess of $500.

SEC. 104. APPLICATIONS.

(a) Submission.--The Secretary shall provide that--
(1) applications for blue card status under section 101 may
be submitted--
(A) to the Secretary if the applicant is represented by an
attorney or a nonprofit religious, charitable, social
service, or similar organization recognized by the Board of
Immigration Appeals under section 292.2 of title 8, Code of
Federal Regulations; or
(B) to a qualified designated entity if the applicant
consents to the forwarding of the application to the
Secretary; and
(2) applications for adjustment of status under section 103
shall be filed directly with the Secretary.
(b) Qualified Designated Entity Defined.--In this section,
the term ``qualified designated entity'' means--
(1) a qualified farm labor organization or an association
of employers designated by the Secretary; or
(2) any such other person designated by the Secretary if
that Secretary determines such person is qualified and has
substantial experience, demonstrated competence, and has a
history of 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 (8 U.S.C. 1159, 1160, and 1255), the Act entitled ``An
Act to adjust the status of Cuban refugees to that of lawful
permanent residents of the United States, and for other
purposes'', approved November 2, 1966 (Public Law 89-732; 8
U.S.C. 1255 note), Public Law 95-145 (8 U.S.C. 1255 note), or
the Immigration Reform and Control Act of 1986 (Public Law
99-603; 100 Stat. 3359) or any amendment made by that Act.
(c) Proof of Eligibility.--
(1) In general.--An alien may establish that the alien
meets the requirement of section 101(a)(1) or 103(a)(1)
through government employment records or records supplied by
employers or collective bargaining organizations, and other
reliable documentation as the alien may provide. The
Secretary shall establish special procedures to properly
credit work in cases in which an alien was employed under an
assumed name.
(2) Documentation of work history.--
(A) Burden of proof.--An alien applying for status under
section 101(a) or 103(a) has the burden of proving by a
preponderance of the evidence that the alien has worked the
requisite number of hours or days required under section
101(a)(1) or 103(a)(1), as applicable.
(B) Timely production of records.--If an employer or farm
labor contractor employing such an alien has kept proper and
adequate records respecting such employment, the alien's
burden of proof under subparagraph (A) may be met by securing
timely production of those records under regulations to be
promulgated by the Secretary.
(C) Sufficient evidence.--An alien may meet the burden of
proof under subparagraph (A) to establish that the alien has
performed the days or hours of work required by section
101(a)(1) or 103(a)(1) by producing sufficient evidence to
show the extent of that employment as a matter of just and
reasonable inference.
(d) Applications Submitted to Qualified Designated
Entities.--
(1) Requirements.--Each qualified designated entity shall
agree--
(A) to forward to the Secretary an application submitted to
that entity pursuant to subsection (a)(1)(B) if the applicant
has consented to such forwarding;
(B) not to forward to the Secretary any such application if
the applicant has not consented to such forwarding; and
(C) to assist an alien in obtaining documentation of the
alien's work history, if the alien requests such assistance.
(2) No authority to make determinations.--No qualified
designated entity may make a determination required by this
subtitle to be made by the Secretary.
(e) Limitation on Access to Information.--Files and records
collected or compiled by a qualified designated entity for
the purposes of this section are confidential and the
Secretary shall not have access to such a file or record
relating to an alien without the consent of the alien, except
as allowed by a court order issued pursuant to subsection
(f).
(f) Confidentiality of Information.--
(1) In general.--Except as otherwise provided in this
section, the Secretary or any other official or employee of
the Department or a bureau or agency of the Department is
prohibited from--
(A) using information furnished by the applicant pursuant
to an application filed under this title, the information
provided by an applicant to a qualified designated entity, or
any information provided by an employer or former employer
for any purpose other than to make a determination on the
application or for imposing the penalties described in
subsection (g);
(B) making any publication in which the information
furnished by any particular individual can be identified; or
(C) permitting a person other than a sworn officer or
employee of the Department or a bureau or agency of the
Department or, with respect to applications filed with a
qualified designated entity, that qualified designated
entity, to examine individual applications.
(2) Required disclosures.--The Secretary shall provide the
information furnished under this title or any other
information derived from such furnished information to--
(A) a duly recognized law enforcement entity in connection
with a criminal investigation or prosecution, if such
information is requested in writing by such entity; or
(B) an official coroner, for purposes of affirmatively
identifying a deceased individual, whether or not the death
of such individual resulted from a crime.
(3) Construction.--
(A) In general.--Nothing in this subsection shall be
construed to limit the use, or release, for immigration
enforcement purposes or law enforcement purposes, of
information contained in files or records of the Department
pertaining to an application filed under this section, other
than information furnished by an applicant pursuant to the
application, or any other information derived from the
application, that is not available from any other source.
(B) Criminal convictions.--Notwithstanding any other
provision of this subsection, information concerning whether
the alien applying for blue card status under section 101 or
an adjustment of status under section 103 has been convicted
of a crime at any time may be used or released for
immigration enforcement or law enforcement purposes.
(4) Crime.--Any person who knowingly uses, publishes, or
permits information to be examined in violation of this
subsection shall be subject to a fine in an amount not to
exceed $10,000.
(g) Penalties for False Statements in Applications.--
(1) Criminal penalty.--Any person who--
(A) files an application for blue card status under section
101 or an adjustment of status under section 103 and
knowingly and willfully falsifies, conceals, or covers up a
material fact or makes any false, fictitious, or fraudulent
statements or representations, or makes or uses any false
writing or document knowing the same to contain any false,
fictitious, or fraudulent statement or entry; or
(B) creates or supplies a false writing or document for use
in making such an application,

shall be fined in accordance with title 18, United States
Code, imprisoned not more than 5 years, or both.
(2) Inadmissibility.--An alien who is convicted of a crime
under paragraph (1) shall be considered to be inadmissible to
the United States on the ground described in section
212(a)(6)(C)(i) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(6)(C)(i)).
(h) Eligibility for Legal Services.--Section 504(a)(11) of
Public Law 104-134 (110 Stat. 1321-53 et seq.) shall not be
construed to prevent a recipient of funds under the Legal
Services Corporation Act (42 U.S.C. 2996 et seq.) from
providing legal assistance directly related to an application
for blue card status under section 101 or an adjustment of
status under section 103.
(i) Application Fees.--
(1) Fee schedule.--The Secretary shall provide for a
schedule of fees that--
(A) shall be charged for the filing of an application for
blue card status under section 101 or for an adjustment of
status under section 103; and
(B) may be charged by qualified designated entities to help
defray the costs of services provided to such applicants.
(2) Prohibition on excess fees by qualified designated
entities.--A qualified designated entity may not charge any
fee in excess of, or in addition to, the fees authorized
under paragraph (1)(B) for services provided to applicants.
(3) Disposition of fees.--
(A) In general.--There is established in the general fund
of the Treasury a separate account, which shall be known as
the ``Agricultural Worker Immigration Status Adjustment
Account''. Notwithstanding any other provision of law, there
shall be deposited as offsetting receipts into the account
all fees collected under paragraph (1)(A).
(B) Use of fees for application processing.--Amounts
deposited in the ``Agricultural Worker Immigration Status
Adjustment Account'' shall remain available to the Secretary
until expended for processing applications for blue card
status under section 101 or an adjustment of status under
section 103.

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

(a) Numerical Limitations Do Not Apply.--The numerical
limitations of sections 201 and 202 of the Immigration and
Nationality Act (8 U.S.C. 1151 and 1152) shall not apply to
the adjustment of aliens to lawful permanent resident status
under section 103.
(b) Waiver of Certain Grounds of Inadmissibility.--In the
determination of an alien's eligibility for status under
section 101(a) or an alien's eligibility for adjustment of
status under section 103(b)(2)(A) the following rules shall
apply:
(1) Grounds of exclusion not applicable.--The provisions of
paragraphs (5), (6)(A), (7), and (9) of section 212(a) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not
apply.
(2) Waiver of other grounds.--
(A) In general.--Except as provided in subparagraph (B),
the Secretary may waive any other provision of such section
212(a) in the case of individual aliens for humanitarian
purposes, to ensure family unity, or if otherwise in the
public interest.

[[Page S366]]

(B) 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 subparagraph (A).
(C) Construction.--Nothing in this paragraph shall be
construed as affecting the authority of the Secretary other
than under this subparagraph to waive provisions of such
section 212(a).
(3) Special rule for determination of public charge.--An
alien is not ineligible for blue card status under section
101 or an adjustment of status under section 103 by reason of
a ground of inadmissibility under section 212(a)(4) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) if the
alien demonstrates a history of employment in the United
States evidencing self-support without reliance on public
cash assistance.
(c) Temporary Stay of Removal and Work Authorization for
Certain Applicants.--
(1) Before application period.--Effective on the date of
enactment of this Act, the Secretary shall provide that, in
the case of an alien who is apprehended before the beginning
of the application period described in section 101(a)(2) and
who can establish a nonfrivolous case of eligibility for blue
card status (but for the fact that the alien may not apply
for such status until the beginning of such period), until
the alien has had the opportunity during the first 30 days of
the application period to complete the filing of an
application for blue card status, the alien--
(A) may not be removed; and
(B) shall be granted authorization to engage in employment
in the United States and be provided an employment authorized
endorsement or other appropriate work permit for such
purpose.
(2) During application period.--The Secretary shall provide
that, in the case of an alien who presents a nonfrivolous
application for blue card status during the application
period described in section 101(a)(2), including an alien who
files such an application within 30 days of the alien's
apprehension, and until a final determination on the
application has been made in accordance with this section,
the alien--
(A) may not be removed; and
(B) shall be granted authorization to engage in employment
in the United States and be provided an employment authorized
endorsement or other appropriate work permit for such
purpose.

SEC. 106. ADMINISTRATIVE AND JUDICIAL REVIEW.

(a) In General.--There shall be no administrative or
judicial review of a determination respecting an application
for blue card status under section 101 or adjustment of
status under section 103 except in accordance with this
section.
(b) Administrative Review.--
(1) Single level of administrative appellate review.--The
Secretary shall establish an appellate authority to provide
for a single level of administrative appellate review of such
a determination.
(2) Standard for review.--Such administrative appellate
review shall be based solely upon the administrative record
established at the time of the determination on the
application and upon such additional or newly discovered
evidence as may not have been available at the time of the
determination.
(c) Judicial Review.--
(1) Limitation to review of removal.--There shall be
judicial review of such a determination only in the judicial
review of an order of removal under section 242 of the
Immigration and Nationality Act (8 U.S.C. 1252).
(2) Standard for judicial review.--Such judicial review
shall be based solely upon the administrative record
established at the time of the review by the appellate
authority and the findings of fact and determinations
contained in such record shall be conclusive unless the
applicant can establish abuse of discretion or that the
findings are directly contrary to clear and convincing facts
contained in the record considered as a whole.

SEC. 107. USE OF INFORMATION.

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

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

(a) Regulations.--The Secretary shall issue regulations to
implement this subtitle not later than the first day of the
seventh month that begins after the date of enactment of this
Act.
(b) Effective Date.--This subtitle shall take effect on the
date that regulations required by subsection (a) are issued,
regardless of whether such regulations are issued on an
interim basis or on any other basis.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary such sums as may be
necessary to implement this subtitle, including any sums
needed for costs associated with the initiation of such
implementation, for fiscal years 2007 and 2008.

Subtitle B--Correction of Social Security Records

SEC. 111. CORRECTION OF SOCIAL SECURITY RECORDS.

(a) In General.--Section 208(e)(1) of the Social Security
Act (42 U.S.C. 408(e)(1)) is amended--
(1) in subparagraph (B)(ii), by striking ``or'' at the end;
(2) in subparagraph (C), by inserting ``or'' at the end;
(3) by inserting after subparagraph (C) the following:
``(D) who is granted blue card status under the
Agricultural Job Opportunity, Benefits, and Security Act of
2007,''; and
(4) by striking ``1990.'' and inserting ``1990, or in the
case of an alien described in subparagraph (D), if such
conduct is alleged to have occurred before the date on which
the alien was granted blue card status.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the first day of the seventh month that
begins after the date of the enactment of this Act.

TITLE II--REFORM OF H-2A WORKER PROGRAM

SEC. 201. 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 has applied for 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
for an H-2A worker 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 has applied for an H-2A worker.

[[Page S367]]

``(E) Requirements for placement of the 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 worksites 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 H-2A 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 H-2A 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, 218B, and
218C.
``(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
worksite, 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
subsection (a). 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:

[[Page S368]]

``(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 set out in 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 in agricultural 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
worksite.--The employer shall provide transportation between
the worker's living quarters and the employer's worksite
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 2007 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

[[Page S369]]

and above the \3/4\ 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, 2009, 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 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; 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) Four representatives of agricultural employers and 1
representative of the Department of Agriculture, each
appointed by the Secretary of Agriculture.
``(II) Four 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, 2009, 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 \3/4\ 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 `\3/4\ 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

[[Page S370]]

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 worksite 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
the alien's 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.--

[[Page S371]]

``(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 2007, 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 the 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 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).

[[Page S372]]

``(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 nonbinding 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 over 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 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 or the performance of agricultural labor or services
described in 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.

[[Page S373]]

``(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 or seasonal full-time employment at
a place in the United States to which United States workers
can be referred.
``(9) Laying off.--
``(A) In general.--The term `laying 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 suspension of employment
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.--Except as otherwise provided, 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 national of the United
States, an alien lawfully admitted for permanent residence,
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.''.

TITLE III--MISCELLANEOUS PROVISIONS

SEC. 301. 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 pursuant to the amendment made by section 201(a) of
this Act and a collection process for such fees from
employers. Such fees shall be the only fees chargeable to
employers for services provided under such amendment.
(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
201 of this Act, and sufficient to provide for the direct
costs of providing services related to an employer's
authorization to employ aliens pursuant to the amendment made
by section 201(a) of this Act, 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 fees
pursuant to the amendment made by section 201(a) of this Act
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 201 of this Act, and the provisions
of this Act.

SEC. 302. REGULATIONS.

(a) Requirement for the Secretary To Consult.--The
Secretary shall consult with the Secretary of Labor and the
Secretary of Agriculture during the promulgation of all
regulations to implement the duties of the Secretary under
this Act and the amendments made by this Act.
(b) Requirement for the Secretary of State To Consult.--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 Act and the amendments made by this Act.
(c) Requirement for the Secretary of Labor To Consult.--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 Act and the
amendments made by this Act.
(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 amended or added by section 201 of this Act, shall
take effect on the effective date of section 201 and shall be
issued not later than 1 year after the date of enactment of
this Act.

SEC. 303. 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, disaggregated 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 101(a);
(5) the number of such aliens whose status was adjusted
under section 101(a);
(6) the number of aliens who applied for permanent
residence pursuant to section 103(c); and
(7) the number of such aliens who were approved for
permanent residence pursuant section 103(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 Act.

SEC. 304. EFFECTIVE DATE.

Except as otherwise provided, sections 201 and 301 shall
take effect 1 year after the date of the enactment of this
Act.

Mr. KENNEDY. Mr. President, It's a privilege to join Senator
Feinstein and Senator Craig and my other colleagues today as we
reintroduce the Agricultural Jobs, Opportunity, Benefits, and Security
Act. I commend them and Representatives Howard Berman and Chris Cannon
for their bipartisan leadership and I'm honored to be part of this
landmark legislation.
The bill reflects a far-reaching and welcome agreement between the
United Farm Workers and the agricultural industry on one of the most
difficult immigration' challenges we face, and we in Congress should
make the most of this unique opportunity for progress.
America has a proud tradition as a Nation of immigrants and a Nation
of laws. But our current immigration laws fail us on both counts. Much
of the Nation's economy today depends on the hard work and the many
contributions of immigrants. The agricultural industry would grind to a
halt without immigrant farm workers. Yet, the overwhelming majority of
these workers lack legal status, and can be easily exploited by
unscrupulous employers.
The legislation we are introducing, called the ``AgJOBS Act,'' is an
opportunity to correct these long-festering problems. It will give farm
workers and their families the dignity and justice they deserve, and it
will give agricultural employers a legal workforce.

[[Page S374]]

It is a realistic compromise that now has broad support in Congress,
and from business and labor, civic and faith-based organizations,
liberals and conservatives, trade associations and immigrant rights
groups.
The Act is a needed reform in our immigration law to reflect current
economic realities and meet our national security needs more
effectively, and do so in a way that respects America's immigrant
heritage. It provides a fair and reasonable means for illegal
agricultural workers to earn legal status, and it also reforms the
current visa program, so that employers unable to obtain American
workers can hire needed foreign workers.
The AgJOBS Act is good for both labor and business. The Nation can no
longer ignore the fact that more than half of our agricultural workers
are undocumented. Growers need an immediate, reliable and legal
workforce at harvest time. Farm workers need legal statues to improve
their wages and working conditions. Everyone suffers when crops rot in
the fields because of the lack of an adequate labor force.
The AgJOBS Act provides a fair and reasonable process for
undocumented agricultural workers to earn legal status. Undocumented
farm workers are clearly vulnerable to abuse by unscrupulous labor
contractors and growers. Their illegal status deprives them of
bargaining power and depresses the wages of all farm workers. Our bill
provides fair solutions for undocumented workers who have been toiling
in our fields and harvesting our fruits and vegetables.
This bill is not an amnesty. To earn the right to remain in this
country, workers would not only have to demonstrate past work
contributions to the U.S. economy, but also make a substantial future
work commitment. These workers will be able to come forward, identify
themselves, provide evidence that they have been employed in
agriculture and will continue to work hard, and will play by the rules
in the future.
This legislation will modify the current temporary foreign
agricultural worker program, while preserving and enhancing key labor
protections. It achieves a fair balance. It streamlines the H-2A visa
application process by reducing paperwork for employers and
accelerating processing. But individuals participating in the program
receive strong labor protections.
Our legislation will unify families. When temporary residence is
granted a farm worker's spouse and minor children will be able to
remain legally in the U.S. but they will not be authorized to work.
When the worker becomes a permanent resident, the spouse and minor
children will also gain such status.
AgJOBS will also enhance national security and reduce illegal
immigration. It will reduce the chaotic, illegal, and all-too-deadly
flows of immigrants at our borders by providing safe and legal avenues
for farm workers and their families. Future temporary workers will be
carefully screened to meet security concerns. Enforcement resources
will be more effectively focused on the highest risks. By bringing
undocumented farm workers out of the shadows and requiring them to pass
through security checks, it will enable officials to concentrate more
effectively on terrorists and criminals.
Last year, Senators came together--Democrats and Republicans--to pass
a far-reaching immigration reform bill that included the AgJOBS bill.
The American people are calling on us to come together again. They know
there is a crisis, and they want action now.
President Bush has been a leader on immigration reform, and I'm
hopeful that he will renew his efforts with members of his party, so
that we can continue action quickly this year on comprehensive reform
legislation and end this festering crisis once and for all. The House
of Representatives is now ready to be a genuine partner in this effort.
By heritage and history, America is a Nation of immigrants. Our
legislation proposes necessary changes in the law while preserving this
tradition. This bill will ensure that immigrant farm workers can live
the American dream and contribute to our prosperity, our security, and
our values, and I hope very much that it can be enacted as soon as
possible in this new Congress.
______

By Mrs. FEINSTEIN (for herself, Mr. Gregg, Mr. Sununu, Mr. Nelson
of Florida, and Mr. Leahy):
S. 238. A bill to amend title 18, United States Code, to limit the
misuse of Social Security numbers, to establish criminal penalties for
such misuse, and for other purposes; to the Committee on the Judiciary.
Mrs. FEINSTEIN. Mr. President, I rise to introduce legislation to
protect one of Americans' most valuable but vulnerable assets: social
security numbers.
The bill I propose is identical to legislation that I introduced last
year. This is the fifth Congress in which I have proposed legislation
to protect social security numbers. I stand before you again today
because I believe that this issue is too important to ignore.
We all know that once a person's social security number is
compromised, the path to identity theft is a short one. The Federal
Trade Commission estimates that as many as 10 million Americans have
their identities stolen each year.
The crime takes many forms. Thieves can obtain social security
numbers through public records--marriage licenses, professional
licenses, and countless other public documents--many of which are
available on the internet.
These stolen social security numbers then act like virtual keys,
allowing the thieves to unlock an individual's identity.
Thieves open credit cards and charge them to the max. Often, the
victim does not even realize what has happened until they are denied
credit in the future because of the unpaid debt on the fraudulent
credit cards.
Thieves open bank accounts in the victim's name and write bad checks.
Thieves get driver's licenses or identification cards, and even apply
for government benefits in the victim's name.
Identity theft is serious. A person whose identity is stolen can lose
thousands of dollars and take months or even years to regain their good
name and credit.
The damage, loss, and stress of identity theft are considerable.
Victims may lose job opportunities, or be denied loans for education,
housing, or cars because of negative information on their credit
reports. They may even be arrested for crimes they did not commit.
The ease with which social security numbers can be accessed is
distressing, but also, unnecessary.
The Social Security Number Misuse Prevention Act would require
government agencies and businesses to do more to protect Americans'
social security numbers. The bill would: stop the sale or display of a
person's social security number without his or her express consent;
prevent Federal, State and local governments from displaying social
security numbers on public records posted on the Internet; end the
printing of social security numbers on government checks; prohibit the
employing of inmates for tasks that give them access to the social
security numbers of other individuals; limit the circumstances in which
businesses could ask a customer for his or her social security number;
commission a study of the current uses of social security numbers and
the impact on privacy and data security; and institute criminal and
civil penalties for misuse of social security numbers.
This legislation is simple and necessary to stop the growing epidemic
of identity theft that has been plaguing America and its citizens.
As we move further into the information age and rely more on
information sharing, this problem will only get worse, unless we take
action. I urge my colleagues to support the Social Security Number
Misuse Prevention Act.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the text of the bill was ordered to be
printed in the Record.

S. 238

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Social
Security Number Misuse Prevention Act''.
(b) Table of Contents.--The table of contents of this Act
is as follows:

[[Page S375]]

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Prohibition of the display, sale, or purchase of Social
Security numbers.
Sec. 4. Application of prohibition of the display, sale, or purchase of
Social Security numbers to public records.
Sec. 5. Rulemaking authority of the Attorney General.
Sec. 6. Treatment of Social Security numbers on government documents.
Sec. 7. Limits on personal disclosure of a Social Security number for
consumer transactions.
Sec. 8. Extension of civil monetary penalties for misuse of a Social
Security number.
Sec. 9. Criminal penalties for the misuse of a Social Security number.
Sec. 10. Civil actions and civil penalties.
Sec. 11. Federal injunctive authority.

SEC. 2. FINDINGS.

Congress makes the following findings:
(1) The inappropriate display, sale, or purchase of Social
Security numbers has contributed to a growing range of
illegal activities, including fraud, identity theft, and, in
some cases, stalking and other violent crimes.
(2) While financial institutions, health care providers,
and other entities have often used Social Security numbers to
confirm the identity of an individual, the general display to
the public, sale, or purchase of these numbers has been used
to commit crimes, and also can result in serious invasions of
individual privacy.
(3) The Federal Government requires virtually every
individual in the United States to obtain and maintain a
Social Security number in order to pay taxes, to qualify for
Social Security benefits, or to seek employment. An
unintended consequence of these requirements is that Social
Security numbers have become one of the tools that can be
used to facilitate crime, fraud, and invasions of the privacy
of the individuals to whom the numbers are assigned. Because
the Federal Government created and maintains this system, and
because the Federal Government does not permit individuals to
exempt themselves from those requirements, it is appropriate
for the Federal Government to take steps to stem the abuse of
Social Security numbers.
(4) The display, sale, or purchase of Social Security
numbers in no way facilitates uninhibited, robust, and wide-
open public debate, and restrictions on such display, sale,
or purchase would not affect public debate.
(5) No one should seek to profit from the display, sale, or
purchase of Social Security numbers in circumstances that
create a substantial risk of physical, emotional, or
financial harm to the individuals to whom those numbers are
assigned.
(6) Consequently, this Act provides each individual that
has been assigned a Social Security number some degree of
protection from the display, sale, and purchase of that
number in any circumstance that might facilitate unlawful
conduct.

SEC. 3. PROHIBITION OF THE DISPLAY, SALE, OR PURCHASE OF
SOCIAL SECURITY NUMBERS.

(a) Prohibition.--
(1) In general.--Chapter 47 of title 18, United States
Code, is amended by inserting after section 1028A the
following:

``Sec. 1028B. Prohibition of the display, sale, or purchase
of Social Security numbers

``(a) Definitions.--In this section:
``(1) Display.--The term `display' means to intentionally
communicate or otherwise make available (on the Internet or
in any other manner) to the general public an individual's
Social Security number.
``(2) Person.--The term `person' means any individual,
partnership, corporation, trust, estate, cooperative,
association, or any other entity.
``(3) Purchase.--The term `purchase' means providing
directly or indirectly, anything of value in exchange for a
Social Security number.
``(4) Sale.--The term `sale' means obtaining, directly or
indirectly, anything of value in exchange for a Social
Security number.
``(5) State.--The term `State' means any State of the
United States, the District of Columbia, Puerto Rico, the
Northern Mariana Islands, the United States Virgin Islands,
Guam, American Samoa, and any territory or possession of the
United States.
``(b) Limitation on Display.--Except as provided in section
1028C, no person may display any individual's Social Security
number to the general public without the affirmatively
expressed consent of the individual.
``(c) Limitation on Sale or Purchase.--Except as otherwise
provided in this section, no person may sell or purchase any
individual's Social Security number without the affirmatively
expressed consent of the individual.
``(d) Prerequisites for Consent.--In order for consent to
exist under subsection (b) or (c), the person displaying or
seeking to display, selling or attempting to sell, or
purchasing or attempting to purchase, an individual's Social
Security number shall--
``(1) inform the individual of the general purpose for
which the number will be used, the types of persons to whom
the number may be available, and the scope of transactions
permitted by the consent; and
``(2) obtain the affirmatively expressed consent
(electronically or in writing) of the individual.
``(e) Exceptions.--Nothing in this section shall be
construed to prohibit or limit the display, sale, or purchase
of a Social Security number--
``(1) required, authorized, or excepted under any Federal
law;
``(2) for a public health purpose, including the protection
of the health or safety of an individual in an emergency
situation;
``(3) for a national security purpose;
``(4) for a law enforcement purpose, including the
investigation of fraud and the enforcement of a child support
obligation;
``(5) if the display, sale, or purchase of the number is
for a use occurring as a result of an interaction between
businesses, governments, or business and government
(regardless of which entity initiates the interaction),
including, but not limited to--
``(A) the prevention of fraud (including fraud in
protecting an employee's right to employment benefits);
``(B) the facilitation of credit checks or the facilitation
of background checks of employees, prospective employees, or
volunteers;
``(C) the retrieval of other information from other
businesses, commercial enterprises, government entities, or
private nonprofit organizations; or
``(D) when the transmission of the number is incidental to,
and in the course of, the sale, lease, franchising, or merger
of all, or a portion of, a business;
``(6) if the transfer of such a number is part of a data
matching program involving a Federal, State, or local agency;
or
``(7) if such number is required to be submitted as part of
the process for applying for any type of Federal, State, or
local government benefit or program;

except that, nothing in this subsection shall be construed as
permitting a professional or commercial user to display or
sell a Social Security number to the general public.
``(f) Limitation.--Nothing in this section shall prohibit
or limit the display, sale, or purchase of Social Security
numbers as permitted under title V of the Gramm-Leach-Bliley
Act, or for the purpose of affiliate sharing as permitted
under the Fair Credit Reporting Act, except that no entity
regulated under such Acts may make Social Security numbers
available to the general public, as may be determined by the
appropriate regulators under such Acts. For purposes of this
subsection, the general public shall not include affiliates
or unaffiliated third-party business entities as may be
defined by the appropriate regulators.''.
(2) Conforming amendment.--The chapter analysis for chapter
47 of title 18, United States Code, is amended by inserting
after the item relating to section 1028 the following:

``1028B. Prohibition of the display, sale, or purchase of Social
Security numbers.''.

(b) Study; Report.--
(1) In general.--The Attorney General shall conduct a study
and prepare a report on all of the uses of Social Security
numbers permitted, required, authorized, or excepted under
any Federal law. The report shall include a detailed
description of the uses allowed as of the date of enactment
of this Act, the impact of such uses on privacy and data
security, and shall evaluate whether such uses should be
continued or discontinued by appropriate legislative action.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Attorney General shall report to
Congress findings under this subsection. The report shall
include such recommendations for legislation based on
criteria the Attorney General determines to be appropriate.
(c) Effective Date.--The amendments made by this section
shall take effect on the date that is 30 days after the date
on which the final regulations promulgated under section 5
are published in the Federal Register.

SEC. 4. APPLICATION OF PROHIBITION OF THE DISPLAY, SALE, OR
PURCHASE OF SOCIAL SECURITY NUMBERS TO PUBLIC
RECORDS.

(a) Public Records Exception.--
(1) In general.--Chapter 47 of title 18, United States Code
(as amended by section 3(a)(1)), is amended by inserting
after section 1028B the following:

``Sec. 1028C. Display, sale, or purchase of public records
containing Social Security numbers

``(a) Definition.--In this section, the term `public
record' means any governmental record that is made available
to the general public.
``(b) In General.--Except as provided in subsections (c),
(d), and (e), section 1028B shall not apply to a public
record.
``(c) Public Records on the Internet or in an Electronic
Medium.--
``(1) In general.--Section 1028B shall apply to any public
record first posted onto the Internet or provided in an
electronic medium by, or on behalf of a government entity
after the date of enactment of this section, except as
limited by the Attorney General in accordance with paragraph
(2).
``(2) Exception for government entities already placing
public records on the internet or in electronic form.--Not
later than 60 days after the date of enactment of this
section, the Attorney General shall issue regulations
regarding the applicability of section 1028B to any record of
a category of public records first posted onto the Internet
or provided in an electronic medium by, or on behalf of a
government entity prior to the date of enactment of this
section. The regulations will determine which individual

[[Page S376]]

records within categories of records of these government
entities, if any, may continue to be posted on the Internet
or in electronic form after the effective date of this
section. In promulgating these regulations, the Attorney
General may include in the regulations a set of procedures
for implementing the regulations and shall consider the
following:
``(A) The cost and availability of technology available to
a governmental entity to redact Social Security numbers from
public records first provided in electronic form after the
effective date of this section.
``(B) The cost or burden to the general public, businesses,
commercial enterprises, non-profit organizations, and to
Federal, State, and local governments of complying with
section 1028B with respect to such records.
``(C) The benefit to the general public, businesses,
commercial enterprises, non-profit organizations, and to
Federal, State, and local governments if the Attorney General
were to determine that section 1028B should apply to such
records.

Nothing in the regulation shall permit a public entity to
post a category of public records on the Internet or in
electronic form after the effective date of this section if
such category had not been placed on the Internet or in
electronic form prior to such effective date.
``(d) Harvested Social Security Numbers.--Section 1028B
shall apply to any public record of a government entity which
contains Social Security numbers extracted from other public
records for the purpose of displaying or selling such numbers
to the general public.
``(e) Attorney General Rulemaking on Paper Records.--
``(1) In general.--Not later than 60 days after the date of
enactment of this section, the Attorney General shall
determine the feasibility and advisability of applying
section 1028B to the records listed in paragraph (2) when
they appear on paper or on another nonelectronic medium. If
the Attorney General deems it appropriate, the Attorney
General may issue regulations applying section 1028B to such
records.
``(2) List of paper and other nonelectronic records.--The
records listed in this paragraph are as follows:
``(A) Professional or occupational licenses.
``(B) Marriage licenses.
``(C) Birth certificates.
``(D) Death certificates.
``(E) Other short public documents that display a Social
Security number in a routine and consistent manner on the
face of the document.
``(3) Criteria for attorney general review.--In determining
whether section 1028B should apply to the records listed in
paragraph (2), the Attorney General shall consider the
following:
``(A) The cost or burden to the general public, businesses,
commercial enterprises, non-profit organizations, and to
Federal, State, and local governments of complying with
section 1028B.
``(B) The benefit to the general public, businesses,
commercial enterprises, non-profit organizations, and to
Federal, State, and local governments if the Attorney General
were to determine that section 1028B should apply to such
records.''.
(2) Conforming amendment.--The chapter analysis for chapter
47 of title 18, United States Code (as amended by section
3(a)(2)), is amended by inserting after the item relating to
section 1028B the following:

``1028C. Display, sale, or purchase of public records containing Social
Security numbers.''.

(b) Study and Report on Social Security Numbers in Public
Records.--
(1) Study.--The Comptroller General of the United States
shall conduct a study and prepare a report on Social Security
numbers in public records. In developing the report, the
Comptroller General shall consult with the Administrative
Office of the United States Courts, State and local
governments that store, maintain, or disseminate public
records, and other stakeholders, including members of the
private sector who routinely use public records that contain
Social Security numbers.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report on the study
conducted under paragraph (1). The report shall include a
detailed description of the activities and results of the
study and recommendations for such legislative action as the
Comptroller General considers appropriate. The report, at a
minimum, shall include--
(A) a review of the uses of Social Security numbers in non-
federal public records;
(B) a review of the manner in which public records are
stored (with separate reviews for both paper records and
electronic records);
(C) a review of the advantages or utility of public records
that contain Social Security numbers, including the utility
for law enforcement, and for the promotion of homeland
security;
(D) a review of the disadvantages or drawbacks of public
records that contain Social Security numbers, including
criminal activity, compromised personal privacy, or threats
to homeland security;
(E) the costs and benefits for State and local governments
of removing Social Security numbers from public records,
including a review of current technologies and procedures for
removing Social Security numbers from public records; and
(F) an assessment of the benefits and costs to businesses,
their customers, and the general public of prohibiting the
display of Social Security numbers on public records (with
separate assessments for both paper records and electronic
records).
(c) Effective Date.--The prohibition with respect to
electronic versions of new classes of public records under
section 1028C(b) of title 18, United States Code (as added by
subsection (a)(1)) shall not take effect until the date that
is 60 days after the date of enactment of this Act.

SEC. 5. RULEMAKING AUTHORITY OF THE ATTORNEY GENERAL.

(a) In General.--Except as provided in subsection (b), the
Attorney General may prescribe such rules and regulations as
the Attorney General deems necessary to carry out the
provisions of section 1028B(e)(5) of title 18, United States
Code (as added by section 3(a)(1)).
(b) Display, Sale, or Purchase Rulemaking With Respect to
Interactions Between Businesses, Governments, or Business and
Government.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Attorney General, in consultation
with the Commissioner of Social Security, the Chairman of the
Federal Trade Commission, and such other heads of Federal
agencies as the Attorney General determines appropriate,
shall conduct such rulemaking procedures in accordance with
subchapter II of chapter 5 of title 5, United States Code, as
are necessary to promulgate regulations to implement and
clarify the uses occurring as a result of an interaction
between businesses, governments, or business and government
(regardless of which entity initiates the interaction)
permitted under section 1028B(e)(5) of title 18, United
States Code (as added by section 3(a)(1)).
(2) Factors to be considered.--In promulgating the
regulations required under paragraph (1), the Attorney
General shall, at a minimum, consider the following:
(A) The benefit to a particular business, to customers of
the business, and to the general public of the display, sale,
or purchase of an individual's Social Security number.
(B) The costs that businesses, customers of businesses, and
the general public may incur as a result of prohibitions on
the display, sale, or purchase of Social Security numbers.
(C) The risk that a particular business practice will
promote the use of a Social Security number to commit fraud,
deception, or crime.
(D) The presence of adequate safeguards, procedures, and
technologies to prevent--
(i) misuse of Social Security numbers by employees within a
business; and
(ii) misappropriation of Social Security numbers by the
general public, while permitting internal business uses of
such numbers.
(E) The presence of procedures to prevent identity thieves,
stalkers, and other individuals with ill intent from posing
as legitimate businesses to obtain Social Security numbers.
(F) The impact of such uses on privacy.

SEC. 6. TREATMENT OF SOCIAL SECURITY NUMBERS ON GOVERNMENT
DOCUMENTS.

(a) Prohibition of Use of Social Security Account Numbers
on Checks Issued for Payment by Governmental Agencies.--
(1) In general.--Section 205(c)(2)(C) of the Social
Security Act (42 U.S.C. 405(c)(2)(C)) is amended by adding at
the end the following:
``(x) No Federal, State, or local agency may display the
Social Security account number of any individual, or any
derivative of such number, on any check issued for any
payment by the Federal, State, or local agency.''.
(2) Effective date.--The amendment made by this subsection
shall apply with respect to violations of section
205(c)(2)(C)(x) of the Social Security Act (42 U.S.C.
405(c)(2)(C)(x)), as added by paragraph (1), occurring after
the date that is 3 years after the date of enactment of this
Act.
(b) Prohibition of Inmate Access to Social Security Account
Numbers.--
(1) In general.--Section 205(c)(2)(C) of the Social
Security Act (42 U.S.C. 405(c)(2)(C)) (as amended by
subsection (b)) is amended by adding at the end the
following:
``(xi) No Federal, State, or local agency may employ, or
enter into a contract for the use or employment of, prisoners
in any capacity that would allow such prisoners access to the
Social Security account numbers of other individuals. For
purposes of this clause, the term `prisoner' means an
individual confined in a jail, prison, or other penal
institution or correctional facility pursuant to such
individual's conviction of a criminal offense.''.
(2) Effective date.--The amendment made by this subsection
shall apply with respect to employment of prisoners, or entry
into contract with prisoners, after the date that is 1 year
after the date of enactment of this Act.

SEC. 7. LIMITS ON PERSONAL DISCLOSURE OF A SOCIAL SECURITY
NUMBER FOR CONSUMER TRANSACTIONS.

(a) In General.--Part A of title XI of the Social Security
Act (42 U.S.C. 1301 et seq.) is amended by adding at the end
the following:

``SEC. 1150A. LIMITS ON PERSONAL DISCLOSURE OF A SOCIAL
SECURITY NUMBER FOR CONSUMER TRANSACTIONS.

``(a) In General.--A commercial entity may not require an
individual to provide the individual's Social Security number
when purchasing a commercial good or service or deny an
individual the good or service for refusing to provide that
number except--

[[Page S377]]

``(1) for any purpose relating to--
``(A) obtaining a consumer report for any purpose permitted
under the Fair Credit Reporting Act;
``(B) a background check of the individual conducted by a
landlord, lessor, employer, voluntary service agency, or
other entity as determined by the Attorney General;
``(C) law enforcement; or
``(D) a Federal, State, or local law requirement; or
``(2) if the Social Security number is necessary to verify
the identity of the consumer to effect, administer, or
enforce the specific transaction requested or authorized by
the consumer, or to prevent fraud.
``(b) Application of Civil Money Penalties.--A violation of
this section shall be deemed to be a violation of section
1129(a)(3)(F).
``(c) Application of Criminal Penalties.--A violation of
this section shall be deemed to be a violation of section
208(a)(8).
``(d) Limitation on Class Actions.--No class action
alleging a violation of this section shall be maintained
under this section by an individual or any private party in
Federal or State court.
``(e) State Attorney General Enforcement.--
``(1) In general.--
``(A) Civil actions.--In any case in which the attorney
general of a State has reason to believe that an interest of
the residents of that State has been or is threatened or
adversely affected by the engagement of any person in a
practice that is prohibited under this section, the State, as
parens patriae, may bring a civil action on behalf of the
residents of the State in a district court of the United
States of appropriate jurisdiction to--
``(i) enjoin that practice;
``(ii) enforce compliance with such section;
``(iii) obtain damages, restitution, or other compensation
on behalf of residents of the State; or
``(iv) obtain such other relief as the court may consider
appropriate.
``(B) Notice.--
``(i) In general.--Before filing an action under
subparagraph (A), the attorney general of the State involved
shall provide to the Attorney General--

``(I) written notice of the action; and
``(II) a copy of the complaint for the action.

``(ii) Exemption.--

``(I) In general.--Clause (i) shall not apply with respect
to the filing of an action by an attorney general of a State
under this subsection, if the State attorney general
determines that it is not feasible to provide the notice
described in such subparagraph before the filing of the
action.
``(II) Notification.--With respect to an action described
in subclause (I), the attorney general of a State shall
provide notice and a copy of the complaint to the Attorney
General at the same time as the State attorney general files
the action.

``(2) Intervention.--
``(A) In general.--On receiving notice under paragraph
(1)(B), the Attorney General shall have the right to
intervene in the action that is the subject of the notice.
``(B) Effect of intervention.--If the Attorney General
intervenes in the action under paragraph (1), the Attorney
General shall have the right to be heard with respect to any
matter that arises in that action.
``(3) Construction.--For purposes of bringing any civil
action under paragraph (1), nothing in this section shall be
construed to prevent an attorney general of a State from
exercising the powers conferred on such attorney general by
the laws of that State to--
``(A) conduct investigations;
``(B) administer oaths or affirmations; or
``(C) compel the attendance of witnesses or the production
of documentary and other evidence.
``(4) Actions by the attorney general of the united
states.--In any case in which an action is instituted by or
on behalf of the Attorney General for violation of a practice
that is prohibited under this section, no State may, during
the pendency of that action, institute an action under
paragraph (1) against any defendant named in the complaint in
that action for violation of that practice.
``(5) Venue; service of process.--
``(A) Venue.--Any action brought under paragraph (1) may be
brought in the district court of the United States that meets
applicable requirements relating to venue under section 1391
of title 28, United States Code.
``(B) Service of process.--In an action brought under
paragraph (1), process may be served in any district in which
the defendant--
``(i) is an inhabitant; or
``(ii) may be found.
``(f) Sunset.--This section shall not apply on or after the
date that is 6 years after the effective date of this
section.''.
(b) Evaluation and Report.--Not later than the date that is
6 years and 6 months after the date of enactment of this Act,
the Attorney General, in consultation with the chairman of
the Federal Trade Commission, shall issue a report evaluating
the effectiveness and efficiency of section 1150A of the
Social Security Act (as added by subsection (a)) and shall
make recommendations to Congress as to any legislative action
determined to be necessary or advisable with respect to such
section, including a recommendation regarding whether to
reauthorize such section.
(c) Effective Date.--The amendment made by subsection (a)
shall apply to requests to provide a Social Security number
occurring after the date that is 1 year after the date of
enactment of this Act.

SEC. 8. EXTENSION OF CIVIL MONETARY PENALTIES FOR MISUSE OF A
SOCIAL SECURITY NUMBER.

(a) Treatment of Withholding of Material Facts.--
(1) Civil penalties.--The first sentence of section
1129(a)(1) of the Social Security Act (42 U.S.C. 1320a-
8(a)(1)) is amended--
(A) by striking ``who'' and inserting ``who--'';
(B) by striking ``makes'' and all that follows through
``shall be subject to'' and inserting the following:
``(A) makes, or causes to be made, a statement or
representation of a material fact, for use in determining any
initial or continuing right to or the amount of monthly
insurance benefits under title II or benefits or payments
under title VIII or XVI, that the person knows or should know
is false or misleading;
``(B) makes such a statement or representation for such use
with knowing disregard for the truth; or
``(C) omits from a statement or representation for such
use, or otherwise withholds disclosure of, a fact which the
individual knows or should know is material to the
determination of any initial or continuing right to or the
amount of monthly insurance benefits under title II or
benefits or payments under title VIII or XVI and the
individual knows, or should know, that the statement or
representation with such omission is false or misleading or
that the withholding of such disclosure is misleading, shall
be subject to'';
(C) by inserting ``or each receipt of such benefits while
withholding disclosure of such fact'' after ``each such
statement or representation'';
(D) by inserting ``or because of such withholding of
disclosure of a material fact'' after ``because of such
statement or representation''; and
(E) by inserting ``or such a withholding of disclosure''
after ``such a statement or representation''.
(2) Administrative procedure for imposing penalties.--The
first sentence of section 1129A(a) of the Social Security Act
(42 U.S.C. 1320a-8a(a)) is amended--
(A) by striking ``who'' and inserting ``who--''; and
(B) by striking ``makes'' and all that follows through
``shall be subject to'' and inserting the following:
``(1) makes, or causes to be made, a statement or
representation of a material fact, for use in determining any
initial or continuing right to or the amount of monthly
insurance benefits under title II or benefits or payments
under title VIII or XVI, that the person knows or should know
is false or misleading;
``(2) makes such a statement or representation for such use
with knowing disregard for the truth; or
``(3) omits from a statement or representation for such
use, or otherwise withholds disclosure of, a fact which the
individual knows or should know is material to the
determination of any initial or continuing right to or the
amount of monthly insurance benefits under title II or
benefits or payments under title VIII or XVI and the
individual knows, or should know, that the statement or
representation with such omission is false or misleading or
that the withholding of such disclosure is misleading, shall
be subject to''.
(b) Application of Civil Money Penalties to Elements of
Criminal Violations.--Section 1129(a) of the Social Security
Act (42 U.S.C. 1320a-8(a)), as amended by subsection (a)(1),
is amended--
(1) by redesignating paragraph (2) as paragraph (4);
(2) by redesignating the last sentence of paragraph (1) as
paragraph (2) and inserting such paragraph after paragraph
(1); and
(3) by inserting after paragraph (2) (as so redesignated)
the following:
``(3) Any person (including an organization, agency, or
other entity) who--
``(A) uses a Social Security account number that such
person knows or should know has been assigned by the
Commissioner of Social Security (in an exercise of authority
under section 205(c)(2) to establish and maintain records) on
the basis of false information furnished to the Commissioner
by any person;
``(B) falsely represents a number to be the Social Security
account number assigned by the Commissioner of Social
Security to any individual, when such person knows or should
know that such number is not the Social Security account
number assigned by the Commissioner to such individual;
``(C) knowingly alters a Social Security card issued by the
Commissioner of Social Security, or possesses such a card
with intent to alter it;
``(D) knowingly displays, sells, or purchases a card that
is, or purports to be, a card issued by the Commissioner of
Social Security, or possesses such a card with intent to
display, purchase, or sell it;
``(E) counterfeits a Social Security card, or possesses a
counterfeit Social Security card with intent to display,
sell, or purchase it;
``(F) discloses, uses, compels the disclosure of, or
knowingly displays, sells, or purchases the Social Security
account number of any person in violation of the laws of the
United States;
``(G) with intent to deceive the Commissioner of Social
Security as to such person's true identity (or the true
identity of any

[[Page S378]]

other person) furnishes or causes to be furnished false
information to the Commissioner with respect to any
information required by the Commissioner in connection with
the establishment and maintenance of the records provided for
in section 205(c)(2);
``(H) offers, for a fee, to acquire for any individual, or
to assist in acquiring for any individual, an additional
Social Security account number or a number which purports to
be a Social Security account number; or
``(I) being an officer or employee of a Federal, State, or
local agency in possession of any individual's Social
Security account number, willfully acts or fails to act so as
to cause a violation by such agency of clause (vi)(II) or (x)
of section 205(c)(2)(C), shall be subject to, in addition to
any other penalties that may be prescribed by law, a civil
money penalty of not more than $5,000 for each violation.
Such person shall also be subject to an assessment, in lieu
of damages sustained by the United States resulting from such
violation, of not more than twice the amount of any benefits
or payments paid as a result of such violation.''.
(c) Clarification of Treatment of Recovered Amounts.--
Section 1129(e)(2)(B) of the Social Security Act (42 U.S.C.
1320a-8(e)(2)(B)) is amended by striking ``In the case of
amounts recovered arising out of a determination relating to
title VIII or XVI,'' and inserting ``In the case of any other
amounts recovered under this section,''.
(d) Conforming Amendments.--
(1) Section 1129(b)(3)(A) of the Social Security Act (42
U.S.C. 1320a-8(b)(3)(A)) is amended by striking ``charging
fraud or false statements''.
(2) Section 1129(c)(1) of the Social Security Act (42
U.S.C. 1320a-8(c)(1)) is amended by striking ``and
representations'' and inserting ``, representations, or
actions''.
(3) Section 1129(e)(1)(A) of the Social Security Act (42
U.S.C. 1320a-8(e)(1)(A)) is amended by striking ``statement
or representation referred to in subsection (a) was made''
and inserting ``violation occurred''.
(e) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply with respect to
violations of sections 1129 and 1129A of the Social Security
Act (42 U.S.C. 1320-8 and 1320a-8a), as amended by this
section, committed after the date of enactment of this Act.
(2) Violations by government agents in possession of social
security numbers.--Section 1129(a)(3)(I) of the Social
Security Act (42 U.S.C. 1320a-8(a)(3)(I)), as added by
subsection (b), shall apply with respect to violations of
that section occurring on or after the effective date
described in section 3(c).
(f) Repeal.--Section 201 of the Social Security Protection
Act of 2004 is repealed.

SEC. 9. CRIMINAL PENALTIES FOR THE MISUSE OF A SOCIAL
SECURITY NUMBER.

(a) Prohibition of Wrongful Use as Personal Identification
Number.--No person may obtain any individual's Social
Security number for purposes of locating or identifying an
individual with the intent to physically injure, harm, or use
the identity of the individual for any illegal purpose.
(b) Criminal Sanctions.--Section 208(a) of the Social
Security Act (42 U.S.C. 408(a)) is amended--
(1) in paragraph (8), by inserting ``or'' after the
semicolon; and
(2) by inserting after paragraph (8) the following:
``(9) except as provided in subsections (e) and (f) of
section 1028B of title 18, United States Code, knowingly and
willfully displays, sells, or purchases (as those terms are
defined in section 1028B(a) of title 18, United States Code)
any individual's Social Security account number without
having met the prerequisites for consent under section
1028B(d) of title 18, United States Code; or
``(10) obtains any individual's Social Security number for
the purpose of locating or identifying the individual with
the intent to injure or to harm that individual, or to use
the identity of that individual for an illegal purpose;''.

SEC. 10. CIVIL ACTIONS AND CIVIL PENALTIES.

(a) Civil Action in State Courts.--
(1) In general.--Any individual aggrieved by an act of any
person in violation of this Act or any amendments made by
this Act may, if otherwise permitted by the laws or rules of
the court of a State, bring in an appropriate court of that
State--
(A) an action to enjoin such violation;
(B) an action to recover for actual monetary loss from such
a violation, or to receive up to $500 in damages for each
such violation, whichever is greater; or
(C) both such actions.
It shall be an affirmative defense in any action brought
under this paragraph that the defendant has established and
implemented, with due care, reasonable practices and
procedures to effectively prevent violations of the
regulations prescribed under this Act. If the court finds
that the defendant willfully or knowingly violated the
regulations prescribed under this subsection, the court may,
in its discretion, increase the amount of the award to an
amount equal to not more than 3 times the amount available
under subparagraph (B).
(2) Statute of limitations.--An action may be commenced
under this subsection not later than the earlier of--
(A) 5 years after the date on which the alleged violation
occurred; or
(B) 3 years after the date on which the alleged violation
was or should have been reasonably discovered by the
aggrieved individual.
(3) Nonexclusive remedy.--The remedy provided under this
subsection shall be in addition to any other remedies
available to the individual.
(b) Civil Penalties.--
(1) In general.--Any person who the Attorney General
determines has violated any section of this Act or of any
amendments made by this Act shall be subject, in addition to
any other penalties that may be prescribed by law--
(A) to a civil penalty of not more than $5,000 for each
such violation; and
(B) to a civil penalty of not more than $50,000, if the
violations have occurred with such frequency as to constitute
a general business practice.
(2) Determination of violations.--Any willful violation
committed contemporaneously with respect to the Social
Security numbers of 2 or more individuals by means of mail,
telecommunication, or otherwise, shall be treated as a
separate violation with respect to each such individual.
(3) Enforcement procedures.--The provisions of section
1128A of the Social Security Act (42 U.S.C. 1320a-7a), other
than subsections (a), (b), (f), (h), (i), (j), (m), and (n)
and the first sentence of subsection (c) of such section, and
the provisions of subsections (d) and (e) of section 205 of
such Act (42 U.S.C. 405) shall apply to a civil penalty
action under this subsection in the same manner as such
provisions apply to a penalty or proceeding under section
1128A(a) of such Act (42 U.S.C. 1320a-7a(a)), except that,
for purposes of this paragraph, any reference in section
1128A of such Act (42 U.S.C. 1320a-7a) to the Secretary shall
be deemed to be a reference to the Attorney General.

SEC. 11. FEDERAL INJUNCTIVE AUTHORITY.

In addition to any other enforcement authority conferred
under this Act or the amendments made by this Act, the
Federal Government shall have injunctive authority with
respect to any violation by a public entity of any provision
of this Act or of any amendments made by this Act.
______

By Mrs. FEINSTEIN:
S. 239. A bill to require Federal agencies, and persons engaged in
interstate commerce, in possession of data containing sensitive
personally identifiable information, to disclose any breach of such
information; to the Committee on the Judiciary.
Mrs. FEINSTEIN. Mr. President, I rise to introduce the Notification
of Risk to Personal Data Act.
It is vitally important that Congress take immediate action to ensure
that individuals are notified when companies, Federal agencies, and
other institutions suffer security breaches that could jeopardize their
personal information.
The Notification of Risk to Personal Data Act is a simple,
straightforward bill that would require that notice be sent to
individuals in the event of a data breach which compromises their
personal information.
Providing individuals with knowledge that their personal information
has been accessed by a hacker will allow them to take action to prevent
or limit the damage caused by these security breaches.
The need for such legislation is, unfortunately, self-evident given
the spate of data breaches we have all read and heard about.
Unfortunately, almost every week we learn of a new breach.
For example, there have been major data breaches in just the last few
months at Boeing, UCLA, the Colorado Department of Human Services,
Starbucks, the Chicago Voters' Database, and Akron Children's Hospital.
Given this ongoing problem, it is not surprising that Americans have
made it clear that they want Congress to act. A September 2005 CBS
News/New York Times national poll on privacy and identity theft found
that 89 percent of Americans are ``concerned'' about the theft of their
personal identity information and 68 percent of Americans feel that
Congress should do more to regulate personal data and its collection.
According to the Federal Trade Commission identity theft affects
approximately 10 million Americans each year. In 2004, there were
635,173 identity theft and fraud complaints made to the Federal Trade
Commission's Consumer Sentinel. In 2004, identity fraud cost Americans
$52.6 billion dollars. Over the past 2 years, approximately 18 million
individuals in this country have been exposed or affected by identity
theft.
Data breaches threaten individual's economic and emotional well
being. A person whose identity is stolen can lose thousands of dollars
and it can take months or even years for a person to regain their good
name and credit. So when a data breach occurs, people have a right to
find out as soon as possible.

[[Page S379]]

That is why I have introduced and tried to pass legislation that
would: require that the Federal Government and business entities notify
individuals when there has been a security breach involving their
personal data; ensure that the notice is provided without unreasonable
delay; create very limited exceptions to notification for national
security and law enforcement purposes, as well as instances in which
law enforcement certifies that there is no threat of harm to the
individual; provide civil remedies against those who do not notify
individuals and the provisions of the bill would be enforced by State
attorney generals; and pre-empt all state laws so that there is a
single, nationwide notification requirement.
I strongly believe that individuals have a right to be notified when
their most sensitive information is compromised--because it is truly
their information.
The instant legislation will give all Americans more control and
confidence about the safety of their sensitive personal information.
They will know when their data has been compromised so that they take
the appropriate steps to protect themselves.
In November 2005, the Judiciary Committee approved the Personal Data
Privacy and Security Act. That bill included similar notification
legislation. Unfortunately, the Senate took no further action and the
bill expired at the end of the 109th Congress.
Since then, the problem of identity theft has worsened--there have
been numerous large scale data security breaches involving companies,
federal agencies, and universities.
We cannot afford to keep waiting to act. I urge the Senate to pass
the Notification of Risk to Personal Data Act to give Americans the
information they need to protect themselves from identity theft.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 239

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Notification of Risk to
Personal Data Act of 2007''.

SEC. 2. NOTICE TO INDIVIDUALS.

(a) In General.--Any agency, or business entity engaged in
interstate commerce, that uses, accesses, transmits, stores,
disposes of or collects sensitive personally identifiable
information shall, following the discovery of a security
breach of such information notify any resident of the United
States whose sensitive personally identifiable information
has been, or is reasonably believed to have been, accessed,
or acquired.
(b) Obligation of Owner or Licensee.--
(1) Notice to owner or licensee.--Any agency, or business
entity engaged in interstate commerce, that uses, accesses,
transmits, stores, disposes of, or collects sensitive
personally identifiable information that the agency or
business entity does not own or license shall notify the
owner or licensee of the information following the discovery
of a security breach involving such information.
(2) Notice by owner, licensee or other designated third
party.--Nothing in this Act shall prevent or abrogate an
agreement between an agency or business entity required to
give notice under this section and a designated third party,
including an owner or licensee of the sensitive personally
identifiable information subject to the security breach, to
provide the notifications required under subsection (a).
(3) Business entity relieved from giving notice.--A
business entity obligated to give notice under subsection (a)
shall be relieved of such obligation if an owner or licensee
of the sensitive personally identifiable information subject
to the security breach, or other designated third party,
provides such notification.
(c) Timeliness of Notification.--
(1) In general.--All notifications required under this
section shall be made without unreasonable delay following
the discovery by the agency or business entity of a security
breach.
(2) Reasonable delay.--Reasonable delay under this
subsection may include any time necessary to determine the
scope of the security breach, prevent further disclosures,
and restore the reasonable integrity of the data system and
provide notice to law enforcement when required.
(3) Burden of proof.--The agency, business entity, owner,
or licensee required to provide notification under this
section shall have the burden of demonstrating that all
notifications were made as required under this Act, including
evidence demonstrating the necessity of any delay.
(d) Delay of Notification Authorized for Law Enforcement
Purposes.--
(1) In general.--If a Federal law enforcement agency
determines that the notification required under this section
would impede a criminal investigation, such notification
shall be delayed upon written notice from such Federal law
enforcement agency to the agency or business entity that
experienced the breach.
(2) Extended delay of notification.--If the notification
required under subsection (a) is delayed pursuant to
paragraph (1), an agency or business entity shall give notice
30 days after the day such law enforcement delay was invoked
unless a Federal law enforcement agency provides written
notification that further delay is necessary.
(3) Law enforcement immunity.--No cause of action shall lie
in any court against any law enforcement agency for acts
relating to the delay of notification for law enforcement
purposes under this Act.

SEC. 3. EXEMPTIONS.

(a) Exemption for National Security and Law Enforcement.--
(1) In general.--Section 2 shall not apply to an agency if
the agency certifies, in writing, that notification of the
security breach as required by section 2 reasonably could be
expected to--
(A) cause damage to the national security; or
(B) hinder a law enforcement investigation or the ability
of the agency to conduct law enforcement investigations.
(2) Limits on certifications.--An agency may not execute a
certification under paragraph (1) to--
(A) conceal violations of law, inefficiency, or
administrative error;
(B) prevent embarrassment to a business entity,
organization, or agency; or
(C) restrain competition.
(3) Notice.--In every case in which an agency issues a
certification under paragraph (1), the certification,
accompanied by a description of the factual basis for the
certification, shall be immediately provided to the United
States Secret Service.
(b) Safe Harbor.--An agency or business entity will be
exempt from the notice requirements under section 2, if--
(1) a risk assessment concludes that there is no
significant risk that the security breach has resulted in, or
will result in, harm to the individuals whose sensitive
personally identifiable information was subject to the
security breach;
(2) without unreasonable delay, but not later than 45 days
after the discovery of a security breach, unless extended by
the United States Secret Service, the agency or business
entity notifies the United States Secret Service, in writing,
of--
(A) the results of the risk assessment; and
(B) its decision to invoke the risk assessment exemption;
and
(3) the United States Secret Service does not indicate, in
writing, within 10 days from receipt of the decision, that
notice should be given.
(c) Financial Fraud Prevention Exemption.--
(1) In general.--A business entity will be exempt from the
notice requirement under section 2 if the business entity
utilizes or participates in a security program that--
(A) is designed to block the use of the sensitive
personally identifiable information to initiate unauthorized
financial transactions before they are charged to the account
of the individual; and
(B) provides for notice to affected individuals after a
security breach that has resulted in fraud or unauthorized
transactions.
(2) Limitation.--The exemption by this subsection does not
apply if the information subject to the security breach
includes sensitive personally identifiable information in
addition to the sensitive personally identifiable information
identified in section 13.

SEC. 4. METHODS OF NOTICE.

An agency, or business entity shall be in compliance with
section 2 if it provides both:
(1) Individual notice.--
(A) Written notification to the last known home mailing
address of the individual in the records of the agency or
business entity;
(B) Telephone notice to the individual personally; or
(C) E-mail notice, if the individual has consented to
receive such notice and the notice is consistent with the
provisions permitting electronic transmission of notices
under section 101 of the Electronic Signatures in Global and
National Commerce Act (15 U.S.C. 7001).
(2) Media notice.--Notice to major media outlets serving a
State or jurisdiction, if the number of residents of such
State whose sensitive personally identifiable information
was, or is reasonably believed to have been, acquired by an
unauthorized person exceeds 5,000.

SEC. 5. CONTENT OF NOTIFICATION.

(a) In General.--Regardless of the method by which notice
is provided to individuals under section 4, such notice shall
include, to the extent possible--
(1) a description of the categories of sensitive personally
identifiable information that was, or is reasonably believed
to have been, acquired by an unauthorized person;
(2) a toll-free number--
(A) that the individual may use to contact the agency or
business entity, or the agent of the agency or business
entity; and
(B) from which the individual may learn what types of
sensitive personally identifiable information the agency or
business entity maintained about that individual; and

[[Page S380]]

(3) the toll-free contact telephone numbers and addresses
for the major credit reporting agencies.
(b) Additional Content.--Notwithstanding section 10, a
State may require that a notice under subsection (a) shall
also include information regarding victim protection
assistance provided for by that State.

SEC. 6. COORDINATION OF NOTIFICATION WITH CREDIT REPORTING
AGENCIES.

If an agency or business entity is required to provide
notification to more than 1,000 individuals under section
2(a), the agency or business entity shall also notify,
without unreasonable delay, all consumer reporting agencies
that compile and maintain files on consumers on a nationwide
basis (as defined in section 603(p) of the Fair Credit
Reporting Act (15 U.S.C. 1681a(p)) of the timing and
distribution of the notices.

SEC. 7. NOTICE TO LAW ENFORCEMENT.

(a) Secret Service.--Any business entity or agency shall
give notice of a security breach to the United States Secret
Service if--
(1) the number of individuals whose sensitive personally
identifying information was, or is reasonably believed to
have been acquired by an unauthorized person exceeds 10,000;
(2) the security breach involves a database, networked or
integrated databases, or other data system containing the
sensitive personally identifiable information of more than
1,000,000 individuals nationwide;
(3) the security breach involves databases owned by the
Federal Government; or
(4) the security breach involves primarily sensitive
personally identifiable information of employees and
contractors of the Federal Government involved in national
security or law enforcement.
(b) Notice to Other Law Enforcement Agencies.--The United
States Secret Service shall be responsible for notifying--
(1) the Federal Bureau of Investigation, if the security
breach involves espionage, foreign counterintelligence,
information protected against unauthorized disclosure for
reasons of national defense or foreign relations, or
Restricted Data (as that term is defined in section 11y of
the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)), except for
offenses affecting the duties of the United States Secret
Service under section 3056(a) of title 18, United States
Code;
(2) the United States Postal Inspection Service, if the
security breach involves mail fraud; and
(3) the attorney general of each State affected by the
security breach.
(c) 14-Day Rule.--The notices to Federal law enforcement
and the attorney general of each State affected by a security
breach required under this section shall be delivered as
promptly as possible, but not later than 14 days after
discovery of the events requiring notice.

SEC. 8. ENFORCEMENT.

(a) Civil Actions by the Attorney General.--The Attorney
General may bring a civil action in the appropriate United
States district court against any business entity that
engages in conduct constituting a violation of this Act and,
upon proof of such conduct by a preponderance of the
evidence, such business entity shall be subject to a civil
penalty of not more than $1,000 per day per individual whose
sensitive personally identifiable information was, or is
reasonably believed to have been, accessed or acquired by an
unauthorized person, up to a maximum of $50,000 per person.
(b) Injunctive Actions by the Attorney General.--
(1) In general.--If it appears that a business entity has
engaged, or is engaged, in any act or practice constituting a
violation of this Act, the Attorney General may petition an
appropriate district court of the United States for an
order--
(A) enjoining such act or practice; or
(B) enforcing compliance with this Act.
(2) Issuance of order.--A court may issue an order under
paragraph (1), if the court finds that the conduct in
question constitutes a violation of this Act.
(c) Other Rights and Remedies.--The rights and remedies
available under this Act are cumulative and shall not affect
any other rights and remedies available under law.
(d) Fraud Alert.--Section 605A(b)(1) of the Fair Credit
Reporting Act (15 U.S.C. 1681c-1(b)(1)) is amended by
inserting ``, or evidence that the consumer has received
notice that the consumer's financial information has or may
have been compromised,'' after ``identity theft report''.

SEC. 9. ENFORCEMENT BY STATE ATTORNEYS GENERAL.

(a) In General.--
(1) Civil actions.--In any case in which the attorney
general of a State or any State or local law enforcement
agency authorized by the State attorney general or by State
statute to prosecute violations of consumer protection law,
has reason to believe that an interest of the residents of
that State has been or is threatened or adversely affected by
the engagement of a business entity in a practice that is
prohibited under this Act, the State or the State or local
law enforcement agency on behalf of the residents of the
agency's jurisdiction, may bring a civil action on behalf of
the residents of the State or jurisdiction in a district
court of the United States of appropriate jurisdiction or any
other court of competent jurisdiction, including a State
court, to--
(A) enjoin that practice;
(B) enforce compliance with this Act; or
(C) civil penalties of not more than $1,000 per day per
individual whose sensitive personally identifiable
information was, or is reasonably believed to have been,
accessed or acquired by an unauthorized person, up to a
maximum of $50,000 per day.
(2) Notice.--
(A) In general.--Before filing an action under paragraph
(1), the attorney general of the State involved shall provide
to the Attorney General of the United States--
(i) written notice of the action; and
(ii) a copy of the complaint for the action.
(B) Exemption.--
(i) In general.--Subparagraph (A) shall not apply with
respect to the filing of an action by an attorney general of
a State under this Act, if the State attorney general
determines that it is not feasible to provide the notice
described in such subparagraph before the filing of the
action.
(ii) Notification.--In an action described in clause (i),
the attorney general of a State shall provide notice and a
copy of the complaint to the Attorney General at the time the
State attorney general files the action.
(b) Federal Proceedings.--Upon receiving notice under
subsection (a)(2), the Attorney General shall have the right
to--
(1) move to stay the action, pending the final disposition
of a pending Federal proceeding or action;
(2) initiate an action in the appropriate United States
district court under section 8 and move to consolidate all
pending actions, including State actions, in such court;
(3) intervene in an action brought under subsection (a)(2);
and
(4) file petitions for appeal.
(c) Pending Proceedings.--If the Attorney General has
instituted a proceeding or action for a violation of this Act
or any regulations thereunder, no attorney general of a State
may, during the pendency of such proceeding or action, bring
an action under this Act against any defendant named in such
criminal proceeding or civil action for any violation that is
alleged in that proceeding or action.
(d) Rule of Construction.--For purposes of bringing any
civil action under subsection (a), nothing in this Act
regarding notification shall be construed to prevent an
attorney general of a State from exercising the powers
conferred on such attorney general by the laws of that State
to--
(1) conduct investigations;
(2) administer oaths or affirmations; or
(3) compel the attendance of witnesses or the production of
documentary and other evidence.
(e) Venue; Service of Process.--
(1) Venue.--Any action brought under subsection (a) may be
brought in--
(A) the district court of the United States that meets
applicable requirements relating to venue under section 1391
of title 28, United States Code; or
(B) another court of competent jurisdiction.
(2) Service of process.--In an action brought under
subsection (a), process may be served in any district in
which the defendant--
(A) is an inhabitant; or
(B) may be found.
(f) No Private Cause of Action.--Nothing in this Act
establishes a private cause of action against a business
entity for violation of any provision of this Act.

SEC. 10. EFFECT ON FEDERAL AND STATE LAW.

The provisions of this Act shall supersede any other
provision of Federal law or any provision of law of any State
relating to notification of a security breach, except as
provided in section 5(b).

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as may be
necessary to cover the costs incurred by the United States
Secret Service to carry out investigations and risk
assessments of security breaches as required under this Act.

SEC. 12. REPORTING ON RISK ASSESSMENT EXEMPTIONS.

The United States Secret Service shall report to Congress
not later than 18 months after the date of enactment of this
Act, and upon the request by Congress thereafter, on--
(1) the number and nature of the security breaches
described in the notices filed by those business entities
invoking the risk assessment exemption under section 3(b) of
this Act and the response of the United States Secret Service
to such notices; and
(2) the number and nature of security breaches subject to
the national security and law enforcement exemptions under
section 3(a) of this Act.

SEC. 13. DEFINITIONS.

In this Act, the following definitions shall apply:
(1) Agency.--The term ``agency'' has the same meaning given
such term in section 551 of title 5, United States Code.
(2) Affiliate.--The term ``affiliate'' means persons
related by common ownership or by corporate control.
(3) Business entity.--The term ``business entity'' means
any organization, corporation, trust, partnership, sole
proprietorship, unincorporated association, venture
established to make a profit, or nonprofit, and any
contractor, subcontractor, affiliate, or licensee thereof
engaged in interstate commerce.

[[Page S381]]

(4) Personally identifiable information.--The term
``personally identifiable information'' means any
information, or compilation of information, in electronic or
digital form serving as a means of identification, as defined
by section 1028(d)(7) of title 18, United State Code.
(5) Security breach.--
(A) In general.--The term ``security breach'' means
compromise of the security, confidentiality, or integrity of
computerized data through misrepresentation or actions that
result in, or there is a reasonable basis to conclude has
resulted in, acquisition of or access to sensitive personally
identifiable information that is unauthorized or in excess of
authorization.
(B) Exclusion.--The term ``security breach'' does not
include--
(i) a good faith acquisition of sensitive personally
identifiable information by a business entity or agency, or
an employee or agent of a business entity or agency, if the
sensitive personally identifiable information is not subject
to further unauthorized disclosure; or
(ii) the release of a public record not otherwise subject
to confidentiality or nondisclosure requirements.
(6) Sensitive personally identifiable information.--The
term ``sensitive personally identifiable information'' means
any information or compilation of information, in electronic
or digital form that includes--
(A) an individual's first and last name or first initial
and last name in combination with any 1 of the following data
elements:
(i) A non-truncated social security number, driver's
license number, passport number, or alien registration
number.
(ii) Any 2 of the following:

(I) Home address or telephone number.
(II) Mother's maiden name, if identified as such.
(III) Month, day, and year of birth.

(iii) Unique biometric data such as a finger print, voice
print, a retina or iris image, or any other unique physical
representation.
(iv) A unique account identifier, electronic identification
number, user name, or routing code in combination with any
associated security code, access code, or password that is
required for an individual to obtain money, goods, services
or any other thing of value; or
(B) a financial account number or credit or debit card
number in combination with any security code, access code or
password that is required for an individual to obtain money,
goods, services or any other thing of value.

SEC. 14. EFFECTIVE DATE.

This Act shall take effect on the expiration of the date
which is 90 days after the date of enactment of this Act.
______

By Mr. CRAlG (for himself, Mr. Domenici, Mr. Bingaman, Mr. Enzi,
Mr. Stevens, Mr. Bennett, Ms. Murkowski, and Mr. Bunning):
S. 240. A bill to reauthorize and amend the National Geologic Mapping
Act of 1992; to the Committee on Energy and Natural Resources.
Mr. CRAIG. Mr. President, I am today introducing, along with Senators
Domenici, Bingaman, Enzi, Stevens, Bennett, Murkowski, and Bunning, the
National Geologic Maping Reauthorization Act of 2007. This is an act
that has been very beneficial to the Nation and deserves to be
reauthorized.
The National Geologic Mapping Act was originally signed into law in
1992, creating the National Cooperative Geologic Mapping Program
(NCGMP). This program exists as a partnership between the USGS and the
State geological surveys, whose purpose is to provide the Nation with
urgently-needed geologic maps that can be and are used by a diverse
clientele. These maps are vital to understanding groundwater regimes,
mineral resources, geologic hazards such as landslides and earthquakes,
and geology essential for all types of land use planning; as well as
providing basic scientific data. The NCGMP contains three parts;
FedMap--the U.S. Geological Survey's geologic mapping program,
StateMap--the State geological survey's part of the act, and EdMap--a
program to encourage the training of future geologic mappers at our
colleges and universities. All three components are reviewed annually
by a Federal Advisory Committee to ensure program effectiveness and to
provide future guidance.
FedMap geologic mapping priorities are determined by the needs of
Federal land-management agencies, regional customer forums, and
cooperatively with the State geological surveys. FedMap also
coordinates national geologic mapping standards. StateMap is a
competitive program wherein the States submit proposals for geologic
mapping that are critiqued by a peer review panel. A requirement of
this section of the legislation is that each Federal dollar be matched
one-for-one with State funds. Each participating State has a State
Advisory Committee to ensure that its proposal addresses priority areas
and needs as determined in the NGMA. The success of this program
ensured reauthorization of similar legislation in 1997 and in 1999 with
widespread bipartisan support in both the House and Senate.
To date, millions of dollars been awarded to State geological surveys
through StateMap, and these Federal dollars have been more than matched
by State dollars. The high quality geologic maps produced will be used
by a very broad base of customers including geotechnical consultants,
Federal, State and local land managers, and mineral and energy
exploration companies. Information on how to obtain all of these maps
is provided on the Internet by the National Geologic Map Database,
allowing ease of access for all users.
EdMap has trained over 550 university students at 118 universities
across the Nation. The best testament to the quality of this training
are its beneficiaries--an unusually high percentage of these students
go on to careers in Earth Science, becoming university professors,
energy company exploration scientists, or mapping specialists
themselves. Their EdMap program experience provides them with a
remarkable self-confidence, having completed a difficult and
independent field mapping experience.
The National Geologic Mapping Reauthorization Act benefits numerous
citizens every day by assuring there is accurate, usable geologic
information available to communities and individuals so that safe,
educated resource use decisions can be made. I encourage my colleagues
to support this legislation and am committed to its timely
consideration.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 240

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``National Geologic Mapping
Reauthorization Act of 2007''.

SEC. 2. FINDINGS.

Section 2(a) of the National Geologic Mapping Act of 1992
(43 U.S.C. 31a(a)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) although significant progress has been made in the
production of geologic maps since the establishment of the
national cooperative geologic mapping program in 1992, no
modern, digital, geologic map exists for approximately 75
percent of the United States;''; and
(2) in paragraph (2)--
(A) in subparagraph (C), by inserting ``homeland and''
after ``planning for'';
(B) in subparagraph (E), by striking ``predicting'' and
inserting ``identifying'';
(C) in subparagraph (I), by striking ``and'' after the
semicolon at the end;
(D) by redesignating subparagraph (J) as subparagraph (K);
and
(E) by inserting after subparagraph (I) the following:
``(J) recreation and public awareness; and''; and
(3) in paragraph (9), by striking ``important'' and
inserting ``available''.

SEC. 3. PURPOSE.

Section 2(b) of the National Geologic Mapping Act of 1992
(43 U.S.C. 31a(b)) is amended by inserting ``and management''
before the period at the end.

SEC. 4. DEADLINES FOR ACTIONS BY THE UNITED STATES GEOLOGICAL
SURVEY.

Section 4(b)(1) of the National Geologic Mapping Act of
1992 (43 U.S.C. 31c(b)(1)) is amended in the second
sentence--
(1) in subparagraph (A), by striking ``not later than'' and
all that follows through the semicolon and inserting ``not
later than 1 year after the date of enactment of the National
Geologic Mapping Reauthorization Act of 2007;'';
(2) in subparagraph (B), by striking ``not later than'' and
all that follows through ``in accordance'' and inserting
``not later than 1 year after the date of enactment of the
National Geologic Mapping Reauthorization Act of 2007 in
accordance''; and
(3) in the matter preceding clause (i) of subparagraph (C),
by striking ``not later than'' and all that follows through
``submit'' and inserting ``submit biennially''.

SEC. 5. GEOLOGIC MAPPING PROGRAM OBJECTIVES.

Section 4(c)(2) of the National Geologic Mapping Act of
1992 (43 U.S.C. 31c(c)(2)) is amended--
(1) by striking ``geophysical-map data base, geochemical-
map data base, and a''; and
(2) by striking ``provide'' and inserting ``provides''.

[[Page S382]]

SEC. 6. GEOLOGIC MAPPING PROGRAM COMPONENTS.

Section 4(d)(1)(B)(ii) of the National Geologic Mapping Act
of 1992 (43 U.S.C. 31c(d)(1)(B)(ii)) is amended--
(1) in subclause (I), by striking ``and'' after the
semicolon at the end;
(2) in subclause (II), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:

``(III) the needs of land management agencies of the
Department of the Interior.''.

SEC. 7. GEOLOGIC MAPPING ADVISORY COMMITTEE.

(a) Membership.--Section 5(a) of the National Geologic
Mapping Act of 1992 (43 U.S.C. 31d(a)) is amended--
(1) in paragraph (2)--
(A) by inserting ``the Secretary of the Interior or a
designee from a land management agency of the Department of
the Interior,'' after ``Administrator of the Environmental
Protection Agency or a designee,'';
(B) by inserting ``and'' after ``Energy or a designee,'';
and
(C) by striking ``, and the Assistant to the President for
Science and Technology or a designee''; and
(2) in paragraph (3)--
(A) by striking ``Not later than'' and all that follows
through ``consultation'' and inserting ``In consultation'';
(B) by striking ``Chief Geologist, as Chairman'' and
inserting ``Associate Director for Geology, as Chair''; and
(C) by striking ``one representative from the private
sector'' and inserting ``2 representatives from the private
sector''.
(b) Duties.--Section 5(b) of the National Geologic Mapping
Act of 1992 (43 U.S.C. 31d(b)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following:
``(3) provide a scientific overview of geologic maps
(including maps of geologic-based hazards) used or
disseminated by Federal agencies for regulation or land-use
planning; and''.
(c) Conforming Amendment.--Section 5(a)(1) of the National
Geologic Mapping Act of 1992 (43 U.S.C. 31d(a)(1)) is amended
by striking ``10-member'' and inserting ``11-member''.

SEC. 8. FUNCTIONS OF NATIONAL GEOLOGIC-MAP DATABASE.

Section 7(a) of the National Geologic Mapping Act of 1992
(43 U.S.C. 31f(a)) is amended--
(1) in paragraph (1), by striking ``geologic map'' and
inserting ``geologic-map''; and
(2) in paragraph (2), by striking subparagraph (A) and
inserting the following:
``(A) all maps developed with funding provided by the
National Cooperative Geologic Mapping Program, including
under the Federal, State, and education components;''.

SEC. 9. BIENNIAL REPORT.

Section 8 of the National Geologic Mapping Act of 1992 (43
U.S.C. 31g) is amended by striking ``Not later'' and all that
follows through ``biennially'' and inserting ``Not later than
3 years after the date of enactment of the National Geologic
Mapping Reauthorization Act of 2007 and biennially''.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS; ALLOCATION.

Section 9 of the National Geologic Mapping Act of 1992 (43
U.S.C. 31h) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--There is authorized to be appropriated
to carry out this Act $64,000,000 for each of fiscal years
2007 through 2016.''; and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``2000'' and inserting ``2005'';
(B) in paragraph (1), by striking ``48'' and inserting
``50''; and
(C) in paragraph (2), by striking 2 and inserting ``4''.
______

By Mr. WYDEN (for himself and Mr. Akaka):
S. 241. A bill to authorize the Secretary of the Interior to enter
into cooperative agreements to protect natural resources of units of
the National Park System through collaborative efforts on land inside
and outside of units of the National Park System; to the Committee on
Energy and Natural Resources.
Mr. WYDEN. Mr. President, today I introduce legislation to authorize
the Secretary of the Interior to enter into cooperative agreements to
protect National Parks through collaborative efforts on lands inside
and outside of National Park System units. My bill passed the Senate in
the 109th Congress, but unfortunately did not have an opportunity to
pass in the House before the end of the Congress. Today, I reintroduce
the bill hoping that it can expeditiously pass again in the Senate and
continue on to pass in the House.
This legislation is based on very successful watershed protection
legislation enacted for the Forest Service and the Bureau of Land
Management, now commonly referred to as the Wyden amendment. The Wyden
amendment, first enacted in 1998 for Fiscal Year 1999, has resulted in
countless Forest Service and Bureau of Land Management cooperative
agreements with neighboring state and local land owners to accomplish
high priority restoration, protection and enhancement work on public
and private lands. It has not required additional funding, but has
allowed the agencies to leverage their scarce restoration dollars
thereby allowing the Federal dollars to stretch farther.
The legislation I introduce today will allow the Park Service to use
a similar authority to attack natural threats to National Parks, such
as invasive weeds, before they cross onto Parks' land. The National
Park Service tells me that if they have to wait until the weeds hit the
Parks before treating them the costs for treatment rise exponentially
and the probability of beating the weeds back drops exponentially.
Examples of projects the National Park Service would pursue with this
authority, as well as the groups with which they would partner, are
attached. I am pleased that Senator Akaka is joining me as an original
co-sponsor of this legislation and I hope my other colleagues will join
me as co-sponsors of this legislation and in ensuring its swift
passage. I ask unanimous consent that the text of the bill and a list
of projects be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

S. 241

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Natural Resource Protection
Cooperative Agreement Act''.

SEC. 2. COOPERATIVE AGREEMENTS FOR NATIONAL PARK NATURAL
RESOURCE PROTECTION.

(a) In General.--The Secretary of the Interior (referred to
in this Act as the ``Secretary'') may enter into cooperative
agreements with State, local, or tribal governments, other
Federal agencies, other public entities, educational
institutions, private nonprofit organizations, or willing
private landowners to protect natural resources of units of
the National Park System through collaborative efforts on
land inside and outside of National Park System units.
(b) Terms and Conditions.--A cooperative agreement entered
into under subsection (a) shall--
(1) provide for--
(A) clear and direct benefits to natural resources of a
unit of the National Park System;
(B) the preservation, conservation, and restoration of
coastal and riparian systems, watersheds, and wetlands;
(C) preventing, controlling or eradicating invasive exotic
species that occupy land within a unit of the National Park
System or adjacent to a unit of the National Park System; or
(D) restoration of natural resources, including native
wildlife habitat;
(2) include a statement of purpose demonstrating how the
agreement will--
(A) enhance science-based natural resource stewardship at
the unit of the National Park System; and
(B) benefit the parties to the agreement;
(3) specify any staff required and technical assistance to
be provided by the Secretary or other parties to the
agreement in support of activities inside and outside the
unit of the National Park System that will--
(A) protect natural resources of the unit; and
(B) benefit the parties to the agreement;
(4) identify any materials, supplies, or equipment that
will be contributed by the parties to the agreement or by
other Federal agencies;
(5) describe any financial assistance to be provided by the
Secretary or the partners to implement the agreement;
(6) ensure that any expenditure by the Secretary pursuant
to the agreement is determined by the Secretary to support
the purposes of natural resource stewardship at a unit of the
National Park System; and
(7) shall include such terms and conditions that are agreed
to by the Secretary and the other parties to the agreement.
(c) Limitations.--The Secretary shall not use any amounts
associated with an agreement entered into under subsection
(a) for the purposes of land acquisition, regulatory
activity, or the development, maintenance, or operation of
infrastructure, except for ancillary support facilities that
the Secretary determines to be necessary for the completion
of projects or activities identified in the agreement.
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this Act.

[[Page S383]]

____
Potential Cooperative Projects Adjacent to or nearby NPS Lands:

State: Alabama

Exotic Plants
Park Unit: Russell Cave National Monument. Partner: Alabama
Department of Game and Fish. Projects/Pest: Autumn olive.

State: Alaska

Exotic Plants
Park Unit: Denali National Park and Preserve. Partner:
Private landowner and Alaska Department of Transportation.
Projects/Pest: Remove multiple species from an isolated
location in Kantishna. White sweet clover along the Park's
Highway.
Park Unit: Gates of the Arctic National Park and Preserve.
Partner: Alaska Department of Transportation, Bureau of Land
Management. Projects/Pest: Multiple species moving up the
Dalton Highway towards the park.
Park Unit: Glacier Bay National Park and Preserve. Partner:
Town of Gustavus. Projects/Pest: Remove multiple species from
isolated locations.
Park Unit: Kenai Fjords National Park. Partner: U.S. Forest
Service. Projects/Pest: Yellow sweetclover on Exit Glacier
Road.
Park Unit: Klondike Gold Rush Historical Park. Partner:
Town of Skagway. Projects/Pest: White sweetclover, Butter-
and-eggs.
Park Unit: Sitka National Historical Park. Partner: City of
Sitka. Projects/Pest: Japanese knotweed.
Park Unit: Wrangell-St. Elias National Park and Preserve.
Partner: Town of McCarthy and Alaska Department of
Transportation, Bureau of Land Management. Projects/Pest:
Remove multiple species from isolated locations and White
sweetclver on area roadways.

State: Arizona

Exotic Plants
Park Unit: Canyon de Chelly National Monument. Partner:
Navajo Indian Reservation Project/Pest: Tamarisk and Russian
olive.
Park Unit: Grand Canyon National Park. Partner: Hualapai
Indian Reservation. Project/Pest: Remove Tamarisk from shared
drainages.
Park Unit: Hubbell Trading Post National Historic Site.
Partner: Navajo Indian Reservation. Project/Pest: Pueblo
Colorado Wash tamarisk and Russian olive.

State: California

Exotic Plants
Park Unit: Death Valley National Park. Partners: Private
lands (Shoshone, CA), Bureau of Land Management, State Fish
and Game. Projects/Pest: Amargosa River tamarisk control
Saline Valley tamarisk.
Park Unit: Golden Gate National Recreation Area. Partners:
Private land. Projects/Pest: Remove Pampas grass serving as a
seed source re-infesting NPS lands.
Park Unit: Golden Gate National Recreation Area. Partner:
State and Private lands. Projects/Pest: Jubata grass.
Park Unit: Mojave National Preserve. Partners: Private and
State land. Project/Pest: Tamarisk near I-15 corridor,
scattered in-holdings and mine sites.
Aquatic Resources
Park Unit: Golden Gate National Recreation Area. Partners:
Private and Public lands. Projects/Pest: Work with City/
College and others to facilitate movement of listed butterfly
between two separated NPS parcels.
Park Unit: Point Reyes National Seashore. Partners: Private
lands. Project/Pest: Restore eroded stream channels
benefiting the salmonid fishery in the park.
Park Unit: Santa Monica Mountains National Recreation Area.
Partners: Private lands, City and County government, NGO's.
Project/Pest: Numerous projects to stabilize, mitigate or
restore land disturbances affecting runoff and erosion
processes.
Geologic Resources
Park Unit: Redwood National Park. Partners: Private lands.
Project/Pest: Work collaboratively to implement erosion
control measures from roads associated with timber harvest.

State: Colorado

Exotic Plants
Park Unit: Dinosaur National Monument. Partner: Utah State
land. Project/Pest: Jones Hole Creek, spotted knapweed and
tamarisk.
Park Unit: Mesa Verde National Park Partner: Ute Mountain
Indian Reservation. Project/Pest: Mancos River tamarisk.

State: District of Columbia

Exotic Plants
Park Unit: National Capitol Area East. Partners: Private
landowners. Project/Pest: Asian Spiderwort (Murdannia
keisak).

State: Georgia

Exotic Plants
Park Unit: Chickamauga and Chattanooga National Military
Park, Partners: Lookout Land Trust and Private business,
Project/Pest: Kudzu.

State: Hawaii

Exotic Plants
Park Unit: Haleakala National Park. Partners: State,
Private landowners, Private industry, NGO's, General public
Project/Pest: Miconia Fountain Grass, Bocconia, Pampas Grass.
Park Unit: Hawaii Volcanoes National Park. Partners: State,
Private landowners, NGO's, Private industry. Project/Pest:
Miconia Fountain Grass, Bocconia, Pampas Grass.
Park Unit: Kaluapapa National Historical Park Partners:
State, Private landowners, NGO's, Private industry Project/
Pest: Miconia Fountain Grass, Bocconia, Pampas Grass.

State: Idaho

Geologic Resources
Park Unit: Hagerman Fossil Beds National Monument.
Partners: Private lands. Project/Pest: Prevent irrigation
canal seepage causing slumpage/wasting of fossil resources
and impacts to Snake River.

State: Kentucky

Exotic Plants
Park Unit: Mammoth Cave National Park. Partners: Private
landowner and State University. Project/Pest: Garlic mustard.

State: Maryland

Exotic Plants
Park Unit: Antietam National Battlefield. Partners: State
and County Department of Transportation. Project/Pest: Tree
of Heaven.
Park Unit: Assateague Island National Seashore. Partners:
State agency. Projects/Pest: Eragrostis curvula (weeping
lovegrass) coming into park from state lands.
Park Unit: Catoctin Mounain Park. Partners: State roads,
Railroad right-of-way. Project/Pest: Mile-a-minute.

State: Massachusetts

Exotic Plants
Park Unit: Minute Man National Historical Park. Partners:
Local municipalities. Projects/Pest: Variety of exotic plants
along boundaries of park.
Wetlands
Park Unit: Cape Cod National Seashore. Partners: Town of
Well fleet, MA. Projects/Pest: CACO has three large wetlands
that are impaired due to salt marsh diking that has
restricted tidal flow to the systems, some impacted for more
than 100 years. Having the ability to access and utilize
funds to alter and improve the water control structures
ultimately is all that is needed to restore thousands of
acres of wetlands within the park boundary.

State: Missouri

Geologic Resources
Park Unit: Ozark National Scenic Riverways. Partners:
Private lands, Federal agencies. Project/Pest: Develop
understanding of and extent of karst environment in and
around the park.

State: Montana

Exotic Plants
Park Unit: Glacier National Park. Partners: Blackfeet
tribe. Project/Pest: Numerous exotic plant species.
Native Species
Park Unit: Glacier National Park. Partners: Montana Fish,
Wildlife and Parks, U.S. Forest Service, BNSF Railroad and
others. Project/Pest: Fencing along boundaries, white and
limber pine restoration and wetland surveys.

State: Nevada

Exotic Plants
Park Unit: Great Basin National Park. Partners: Private,
State and U.S. Forest Service. Project/Pest: Scattered
spotted knapweed and thistle in shared drainages with the
park.
Park Unit: Lake Mead National Recreation Area. Partners:
County, State, Private, Bureau of Land Management. Project/
Pest: Virgin River, Las Vegas Wash, Muddy River, tall
whitetop, Russian knapweed, camelthorn and tamarisk.

State: New Jersey

Aquatic Resources
Park Unit: Morristown National Historical Park. Partners:
Private landowners. Project/Pest: Develop and implement in
concert with private landowners best management practices to
reduce pesticide and storm water runoff into Primrose Creek
which contains a genetically pure stock of native brook
trout.

State: New Mexico

Exotic Plants
Park Unit: Pecos National Historical Park. Partner: Private
landowners, U.S. Forest Service, and State agencies.
Projects/Pest: tamarisk.

State: New York

Exotic Plants
Park Unit: Delaware Water Gap National Recreation Area.
Partners: State agencies, Local municipalities, watershed
associations. Projects/Pest: Variety of exotic plants along
park boundaries.
Park Unit: Gateway National Recreation Area. Partners:
State agency. Projects/Pest: Oriental bittersweet invading
from park into state lands.

State: North Carolina

Exotic Plants
Park Unit: Blue Ridge Parkway. Partner: The Nature
Conservancy, U.S. Forest Service. Projects/Pest: Oriental
Bittersweet
Park Unit: Carl Sandburg Home National Historic Site.
Partner: Adjacent Homeowner Association Projects/Pest:
English Ivy.
Park Unit: Guilford Courthouse National Military Park.
Partner: Guilford County Parks and Recreation. Projects/Pest:
Wild yam and Privet.

State: Oklahoma

Exotic Plants
Park Unit: Washita Battlefield National Historic Site.
Partner: Private landowners,

[[Page S384]]

U.S. Forest Service. Projects/Pest: Scotch thistle.

State: Oregon

Exotic Plants
Park Unit: John Day Fossil Beds National Monument. Partner:
Private Landowners, County Weed Districts and Watershed
Councils. Projects/Pest: Medusa head, Tarweed, Russian
Knapweed Yellow Start thistle, Whitetop and other weeds.
Park Unit: Lewis and Clark National Historical Park
(formerly Fort Clatsop National Memorial). Partner: Private
Timber lands, Private Agriculture lands and Oregon State
Parks. Projects/Pest: Scotch Broom, Reed Canary Grass,
English Holly, and other invasive plants.

State: Pennsylvania

Exotic Plants
Park Unit: Upper Delaware Scenic and Recreational River.
Partners: Local municipalities, Private landowners. Projects/
Pest: Mainly Japanese knotweed along Delaware River and
tributaries.
Aquatic Resources
Park Unit: Valley Forge National Historical Park. Partners:
Private landowners, County/State governments, non-profit
groups. Project/Pest: Implement Valley Creek Restoration Plan
and EA which identifies management strategies and restoration
opportunities within the watershed and outside the park
including the retrofitting of 24 detention basins, creation
of 30 ground water infiltration sites, re-vegetation of miles
of eroding stream banks, and planting of riparian buffers
throughout the watershed.

State: Tennessee

Exotic Plants
Park Unit: Big South Fork National River and Recreation
Area. Partners: Tennessee Division of Forestry and Tennessee
State Parks. Project/Pest: Multi-flora rose and Privet.
Park Unit: Cumberland Gap National Historical Park.
Partners: City of Middlesboro. Project/Pest: Privet.
Park Unit: Obed Wild and Scenic River. Partners: Tennessee
Wildlife Resources Agency. Project/Pest: Multi-flora rose and
Privet.

State: Texas

Exotic Plants
Park Unit: Big Bend National Park. Partners: State and
Local government, Private landowners and Country of Mexico.
Project/Pest: Tamarisk along Rio Grande River Drainage.

State: Utah

Exotic Plants
Park Unit: Arches National Park. Partners: State and Bureau
of Land Management. Project/Pest: Courthouse Wash and Salt
Creek tamarisk.
Park Unit: Canyonlands National Park. Partners: Private and
The Nature Conservancy. Project/Pest: Dugout Ranch area,
tamarisk and knapweed.
Park Unit: Capitol Reef National Park. Partners: Private
and U.S. Forest Service. Projects/Pest: Sulphur Creek and
Upper Fremont River, tamarisk.
Park Unit: Zion National Park. Partners: Private and State
lands. Projects/Pest: Upper and Lower Virgin River, tamarisk.

State: Virginia

Exotic Plants
Park Unit: Colonial National Historical Park. Partners: NGO
(Colonial Williamsburg Foundation). Projects/Pest: kudzu,
English ivy, and tree of heaven straddling common boundary.
Park Unit: Shenandoah National Park. Partners: Private
lands (east boundary and west boundary). Projects/Pest: Kudzu
straddling east boundary; bamboo straddling west boundary.
Park Unit: Wolf Trap National Park for the Performing Arts.
Partners: County and private lands. Project/Pest: Lesser
Celandine.

State: Washington

Exotic Plants
Park Unit: Ebey's Landing National Historical Reserve.
Partner: Washington State Parks, The Nature Conservancy of
Washington, Island County, Ebey's Landing Trust Board,
Washington State Department of Transportation. Projects/Pest:
Poison Hemlock.
Park Unit: Lake Roosevelt National Recreation Area.
Partner: U.S. Forest Service, State, Tribal, and Private
lands. Projects/Pest: Eurasian watermilfoil.
Park Unit: Olympic National Park. Partner: U.S. Forest
Service, State, Tribal, and Private (including timber
company) lands. Projects/Pest: Several species of knotweed.
Aquatic Resources
Park Unit: Olympic National Park. Partners: Private lands,
State lands and U.S. Fish and Wildlife Service lands.
Project/Pest: Cooperatively characterize aquifer parameters
such as storage and transmission coefficients, monitor ground
water levels, spring flow river flow install new monitoring
wells to determine response of aquifer to water withdrawals.

State: West Virginia

Exotic Plants
Park Unit: Appalachian National Scenic Trail. Partners:
Non-NPS owners of trail lands. Projects/Pest: Variety of
exotic plants coming into easements along the trail--major
problem throughout the length of this linear park.

State: Wyoming

Aquatic Resources
Park Unit: Yellowstone National Park. Partners: State of
Montana. Project/Pest: Initiate groundwater studies in the
Yellowstone Groundwater Area north of the park.
______

By Mr. DORGAN (for himself, Ms. Snowe, Mr. Grassley, Mr. Kennedy,
Mr. McCain, Ms. Stabenow, Mr. Specter, Mr. Bingaman, Ms.
Collins, Mrs. Feinstein, Mr. Durbin, Mr. Nelson of Florida, Mr.
Pryor, Mr. Kohl, Mr. Levin, Mr. Schumer, Mr. Leahy, Mr. Obama,
Mr. Wyden, Mr. Sanders, Mr. Kerry, Mr. Brown, Mr. Feingold, Mr.
Inouye, Mrs. Lincoln, Mr. Salazar, Mrs. Clinton, Mrs. Boxer,
and Mr. Tester):
S. 242. A bill to amend the Federal food, Drug, and Cosmetic Act with
respect to the importation of prescription drugs, and for other
purposes; to the Committee on Health, Education, Labor, and Pensions.
Mr. DORGAN. Mr. President, I have come to the floor for just a couple
of minutes to describe a piece of legislation that I and Senator
Olympia Snowe have introduced today with 30 of our colleagues in the
Senate dealing with the issue of drug reimportation.
Mr. President, I ask unanimous consent to show on the floor of the
Senate a couple of bottles.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. DORGAN. I would like to show two bottles that contained Lipitor,
a drug that most of us know is a cholesterol-lowering drug. Lipitor is
made by a company in a plant--in this case in Ireland--and in Ireland
they put Lipitor in these two bottles, and they send the Lipitor in
this bottle to Canada, and they send the Lipitor in this bottle to the
United States.
The difference? Well, there is no difference. It is the same pill,
put in the same bottle, made by the same company, an FDA-approved drug.
The difference is the United States consumer pays 65 percent more for
this drug than the consumer in Canada.
But it is not just Lipitor. And it is not just a plant in Ireland by
this company that produces it and sends it to here and then to Canada,
and charges the American consumer the highest prices. It is virtually
all of the brand drugs. And in virtually every case, the American
consumer is paying the highest prices for prescription drugs--the
highest prices in the world.
My colleague, Senator Snowe and I and many others in this Chamber--
Senator Stabenow, Senator Kennedy, Senator McCain, and so many others--
30 Senators have introduced this legislation that allows the
reimportation of FDA-approved drugs--produced in FDA-inspected plants--
allows the reimportation of those lower priced prescription drugs into
this country. It allows American consumers to take advantage of the
global economy by buying that FDA-approved drug where it is sold for a
fraction of the price.
One day, some while ago, on a beautiful summer day, outside of Oakes,
ND, I was meeting with a group of farmers. At this farmyard, we were
sitting on bales of straw and having a long discussion, and there was
one older fellow there in his eighties, early eighties. He said to me:
My wife has been suffering from breast cancer for 3 years. She is an
elderly woman battling breast cancer now for 3 years. For 3 years, we
have driven from the southern part of North Dakota into Canada to buy
Tamoxifen for my wife to treat this breast cancer. She needs this
medicine to fight the breast cancer, and the only way we can afford it
is for us to get in the car and drive to Canada and buy Tamoxifen at 20
percent of the price we would have to pay in this country.
American consumers should not have to do that. They ought to be
allowed to reimport prescription drugs that are made in FDA-approved
plants and are FDA-approved drugs.
The legislation we have introduced today is necessary. I do not want
American consumers to have to purchase prescription drugs elsewhere. I
want them to be able to purchase them in this country at a fair price.
The problem is, we are now paying the highest prices in the world. If
we allow the reimportation, it will put downward pressure on prices in
this country. That is our real goal.

[[Page S385]]

Now the Congressional Budget Office has done a study. They tell us
that brandname drugs cost 35 to 55 percent less in most other countries
than they do in the United States. The AARP, American Association of
Retired Persons, has done a study showing the drugs most frequently
used by senior citizens in our country have increased by a 6.3-percent
price increase from June 2005 to June 2006--double the rate of
inflation.
The Congressional Budget Office estimates that if we pas the
legislation we have now introduced today, there will be a savings of
about $50 billion in direct savings over the next decade for American
consumers, with $6.1 billion of that savings to the Federal budget.
So we believe this is important. We have been blocked from getting
this legislation through the Congress for some long while. The
leadership of this institution supports it. The legislation is
bipartisan--broadly bipartisan.
Now let me say one other thing. Some people say, and particularly the
pharmaceutical industry says, this cannot be done safely, it will
jeopardize safety for American consumers. Well, let me say that the
consumers in the European countries have been doing this for 20, 25
years. There is something called parallel trading. They have been doing
it for 20, 25 years without any issues of safety. If you want to buy a
drug in Spain, and you live in France, no problem. If you want to buy a
drug in Italy, and you live in Germany, no problem. They have been
doing that--called parallel trading--for 25 years. Surely, we can
accomplish that in this country as well.
Let me show a couple of charts, briefly.
First, Americans are charged the highest prices in the world. This
one chart compares it to Canada: Lipitor, Prevacid, Zocor, Zoloft,
Celebrex. I will not go through the entire list.
Dr. Peter Rost, vice president of marketing for Pfizer, came to
Washington, and here is what he said:

The biggest argument against reimportation is safety. What
everyone has conveniently forgotten to tell you is that in
Europe reimportation of drugs has been in place for 20 years.

He went on to say there is not any issue of safety.
And, finally, the American Association of Retired Persons endorses
the legislation we have introduced today. I will not read all of that.
But the final chart shows what is happening with respect to spending
on prescription drugs, and where it is heading, and why we ought to do
something to give consumers the opportunity to see fair prices on
prescription drugs.
Miracle drugs offer no miracles to those who cannot afford to buy
them. I have no brief against the pharmaceutical industry. I want them
to keep producing lifesaving, miracle drugs for this country. In fact,
we produce a great deal of public spending in the NIH and elsewhere
that gives them the research base for which a good number of those
drugs is produced.
But let me also say that the pharmaceutical industry owes the
American consumer a fair deal. We should not be paying the highest
prices in the world for prescription drugs. It is not fair. And if the
pharmaceutical industry is going to use a global economy in order to
move its commodities and its various ingredients for prescription drugs
around the world to produce in Ireland or to produce here or in Puerto
Rico, then the American people ought to be able to use the global
economy to get a better price on FDA-approved drugs.
We have waited a long while. I have worked on this I guess 6 or 8
years. We have been blocked repeatedly from getting a vote in the
Congress, both in the House and the Senate. Now we have introduced,
with broad, bipartisan support, an identical piece of legislation in
the House and in the Senate.
I believe we will get a vote in both bodies and pass legislation and
send it to the President of the United States. It will save $50 billion
over the next decade on prescription drug bills for the American
people, save the Federal Government $5 billion or $6 billion in
spending, and give a fair deal to the American people that they will be
able to buy prescription drugs at a fair price.
Mr. President, I look forward to consideration of this measure in the
Senate. I am pleased on behalf of my colleague Senator Snowe and myself
and a broad group of Republicans and Democrats in the Senate to push
this legislation.
I see Senator Sanders is here, and I know she has worked on this
issue for a long while as well. We have a broad, bipartisan group. We
are going to push this and get this done in this session of Congress.
______

By Ms. SNOWE (for herself, Mr. Kerry, Mr. Enzi, and Ms.
Landrieu):
S. 246. A bill to enhance compliance assistance for small business;
to the Committee on Small Business and Entrepreneurship.
Ms. SNOWE. Mr. President, I have long worked to reduce the burden
that Federal regulations bear on small businesses. Over the past twenty
years, the number and complexity of Federal regulations have multiplied
at an alarming rate. These regulations impose a much more significant
impact on small businesses than larger businesses. A recent report
prepared for the Small Business Administration's Office of Advocacy
found that in 2004, the per-employee cost of Federal regulations for
firms with fewer than 20 employees was $7,647. That was 44.8 percent
more than the $5,282 per-employee cost faced by businesses with 500 or
more workers.
That is why today, I rise with Senators Kerry, Enzi, and Landrieu to
introduce the Small Business Compliance Assistance Enhancement Act of
2007. Our bill would clarify requirements that exist under Federal law
to ensure that agencies produce useful small business compliance guides
that explain, in a readable format, the compliance requirements of
complex rules. This ``small,'' targeted reform, which would not create
any new rules or requirements, would have a major benefit for small
businesses across the country.
In 1996, the Senate passed without opposition the Small Business
Regulatory Enforcement Fairness Act (SBREFA) to make the Regulatory
Flexibility Act more effective in curtailing the impact of regulations
on small businesses. One of the most important provisions of SBREFA is
a requirement that agencies produce compliance assistance materials to
help small businesses satisfy regulatory obligations. Unfortunately,
over the years, agencies have done a poor job of meeting this
requirement. The Government Accountability Office (GAO) has found that
agencies have ignored this requirement or failed miserably in their
attempts to satisfy it. The GAO has also found that the language of
SBREFA is unclear in some places about what is actually required.
Consequently, small businesses have been forced to figure out on their
own how to comply with these regulations. This makes compliance that
much more difficult to achieve, and therefore reduces the effectiveness
of the regulation.
The Small Business Compliance Assistance Enhancement Act of 2007
would close those loopholes and requires agencies to produce quality
compliance assistance materials for small businesses. Our bill is drawn
directly from the GAO's recommendations and is intended only to clarify
an already existing requirement. Similarly, the compliance guides that
the agencies will produce are merely suggestions about how to satisfy a
regulation's requirements without imposing further requirements or
additional enforcement measures. Nor does this bill, in any way,
interfere or undercut an agency's ability to enforce its regulations to
the full extent they currently enjoy. Furthermore, our bill was
included as part of the Small Business Reauthorization and Improvements
Act that was unanimously reported out of the Senate Small Business
Committee in the 109th Congress.
All too often, small businesses do not maintain the staff, or possess
the financial resources to comply with complex Federal regulations.
This puts them at a disadvantage compared to larger businesses, and
reduces the effectiveness of the agency's regulations. If an agency
cannot describe how to comply with its regulation, how can we expect a
small business to figure it out? This was the reason the requirement to
provide compliance assistance was originally included in SBREFA, and
this rationale is just as valid today as it was in 1996.
Specifically, our bill would clarify that a small business compliance
guide

[[Page S386]]

is required whenever an agency determines that a rule will have ``a
significant economic impact on a substantial number of small
entities''. This would avoid confusion about whether the agency should
produce a compliance guide.
Second, our bill would also clarify how a guide shall be designated.
Under current law, agencies must ``designate'' the publications
prepared under the section as small business compliance guides.
However, the form in which those designations should occur is unclear.
This term would be changed to ``entitle.'' Consistent use of the phrase
``Small Entity Compliance Guide'' in the title could make it easier for
small entities to locate the guides that the agencies develop. This
would also aid in using on line searches--a technology that was not
widely used when SBREFA was passed. Thus, agencies would be directed to
publish guides entitled ``Small Entity Compliance Guide.''
Third, our bill would clarify how a guide shall be published. SBREFA
currently requires that agencies ``shall publish'' the guides, but it
does not indicate where or how they should be published. At least one
agency has published the guides as part of the preamble to the subject
rule, thereby requiring affected small entities to read the Federal
Register to obtain the guides. Under our bill, agencies would be
directed, at a minimum, to make their compliance guides easily
accessible and available through their websites. In addition, agencies
would be directed to forward their compliance guides to known industry
contacts such as small businesses or associations with small business
members that will be affected by the regulation.
Fourth, our bill also clarifies when a guide shall be published.
Section 212 of SBREFA currently does not indicate when compliance
guides should be published. This means that even if an agency was
required to produce a compliance guide, the agency may claim that they
have not violated that requirement since there is no deadline
established for when they had to produce that guide. Under our bill,
agencies would be instructed to publish the compliance guides
coincident with, or as soon as possible after, the final rule is
published, provided that the guides must be published no later than the
effective date of the rule's compliance requirements.
Finally, our bill would clarify the phrase ``compliance
requirements.'' At a minimum, this term means what a small business has
to do to satisfy the regulation, and when they will know they have met
the requirements. This should include a description of the procedures a
small business might employ. If, as is the case with many OSHA and EPA
regulations, testing is required, the agency should explain how that
testing should be conducted. Our bill makes clear that the procedural
description should be merely suggestive--an agency would not be able to
enforce this procedure if a small business was able to satisfy the
requirements through a different approach.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 246

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Small Business Compliance
Assistance Enhancement Act of 2007''.

SEC. 2. FINDINGS AND PURPOSES.

(a) Findings.--Congress finds the following:
(1) Small businesses represent 99.7 percent of all
employers, employ half of all private sector employees, and
pay 44.3 percent of total United States private payroll.
(2) Small businesses generated 60 to 80 percent of net new
jobs annually over the last decade.
(3) Very small firms with fewer than 20 employees spend
nearly 50 percent more per employee than larger firms to
comply with Federal regulations. Small firms spend twice as
much on tax compliance as their larger counterparts. Based on
an analysis in 2004, firms employing fewer than 20 employees
face an annual regulatory burden of $7,647 per employee,
compared to a burden of $5,282 per employee for a firm with
over 500 employees.
(4) Section 212 of the Small Business Regulatory
Enforcement Fairness Act of 1996 (5 U.S.C. 601 note) requires
agencies to produce small entity compliance guides for each
rule or group of rules for which an agency is required to
prepare a final regulatory flexibility analysis under section
604 of title 5, United States Code.
(5) The Government Accountability Office has found that
agencies have rarely attempted to comply with section 212 of
the Small Business Regulatory Enforcement Fairness Act of
1996 (5 U.S.C. 601 note). When agencies did try to comply
with that requirement, they generally did not produce
adequate compliance assistance materials.
(6) The Government Accountability Office also found that
section 212 of the Small Business Regulatory Enforcement
Fairness Act of 1996 (5 U.S.C. 601 note) and other sections
of that Act need clarification to be effective.
(b) Purposes.--The purposes of this Act are the following:
(1) To clarify the requirement contained in section 212 of
the Small Business Regulatory Enforcement Fairness Act of
1996 (5 U.S.C. 601 note) for agencies to produce small entity
compliance guides.
(2) To clarify other terms relating to the requirement in
section 212 of the Small Business Regulatory Enforcement
Fairness Act of 1996 (5 U.S.C. 601 note).
(3) To ensure that agencies produce adequate and useful
compliance assistance materials to help small businesses meet
the obligations imposed by regulations affecting such small
businesses, and to increase compliance with these
regulations.

SEC. 3. ENHANCED COMPLIANCE ASSISTANCE FOR SMALL BUSINESSES.

(a) In General.--Section 212 of the Small Business
Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601
note) is amended by striking subsection (a) and inserting the
following:
``(a) Compliance Guide.--
``(1) In general.--For each rule or group of related rules
for which an agency is required to prepare a final regulatory
flexibility analysis under section 605(b) of title 5, United
States Code, the agency shall publish 1 or more guides to
assist small entities in complying with the rule and shall
entitle such publications `small entity compliance guides'.
``(2) Publication of guides.--The publication of each guide
under this subsection shall include--
``(A) the posting of the guide in an easily identified
location on the website of the agency; and
``(B) distribution of the guide to known industry contacts,
such as small entities, associations, or industry leaders
affected by the rule.
``(3) Publication date.--An agency shall publish each guide
(including the posting and distribution of the guide as
described under paragraph (2))--
``(A) on the same date as the date of publication of the
final rule (or as soon as possible after that date); and
``(B) not later than the date on which the requirements of
that rule become effective.
``(4) Compliance actions.--
``(A) In general.--Each guide shall explain the actions a
small entity is required to take to comply with a rule.
``(B) Explanation.--The explanation under subparagraph
(A)--
``(i) shall include a description of actions needed to meet
the requirements of a rule, to enable a small entity to know
when such requirements are met; and
``(ii) if determined appropriate by the agency, may include
a description of possible procedures, such as conducting
tests, that may assist a small entity in meeting such
requirements.
``(C) Procedures.--Procedures described under subparagraph
(B)(ii)--
``(i) shall be suggestions to assist small entities; and
``(ii) shall not be additional requirements relating to the
rule.
``(5) Agency preparation of guides.--The agency shall, in
its sole discretion, taking into account the subject matter
of the rule and the language of relevant statutes, ensure
that the guide is written using sufficiently plain language
likely to be understood by affected small entities. Agencies
may prepare separate guides covering groups or classes of
similarly affected small entities and may cooperate with
associations of small entities to develop and distribute such
guides. An agency may prepare guides and apply this section
with respect to a rule or a group of related rules.
``(6) Reporting.--Not later than 1 year after the date of
enactment of the Small Business Compliance Assistance
Enhancement Act of 2007, and annually thereafter, the head of
each agency shall submit a report to the Committee on Small
Business and Entrepreneurship of the Senate and the Committee
on Small Business of the House of Representatives describing
the status of the agency's compliance with paragraphs (1)
through (5).''.
(b) Technical and Conforming Amendment.--Section 211(3) of
the Small Business Regulatory Enforcement Fairness Act of
1996 (5 U.S.C. 601 note) is amended by inserting ``and
entitled'' after ``designated''.
______

By Mr. BOND:
S. 247. A bill to designate the United States courthouse located at
555 Independence Street, Cape Girardeau, Missouri, as the ``Rush Hudson
Limbaugh, Sr. United States Courthouse''; to the

[[Page S387]]

Committee on Environment and Public Works.
Mr. BOND. Mr. President, I rise today to introduce legislation
designating the new Federal Courthouse in Cape Girardeau, MO. as the
Rush Hudson Limbaugh, Sr. United States Courthouse.
When people talk about the American Dream, the ``Spirit of America''
and the people who helped make this country great, all one really has
to do is mention the name of the late Rush Hudson Limbaugh Sr.
Mr. Limbaugh led an extraordinary life in which he practiced law for
almost 80 years until his death at age 104 in 1996. At the time of his
death, Mr. Limbaugh was the Nation's oldest practicing lawyer and still
came into work about twice a week at the law firm he founded over 50
years before in Cape Girardeau, MO.
Known by his peers as a superb trial lawyer with impeccable character
and integrity, he was a beloved icon of the Missouri legal community,
especially in Southeast Missouri where he lived all his life.
Born in 1891, on a small farm in rural Bollinger County, he was the
youngest of eight children and attended school in a one room primary
school house. It is said that a passion for the law first developed in
Rush as a 10-year-old boy when a Daniel Webster Oration that he
memorized inspired him to become a lawyer. Fourteen years later, he
began a legal career that lasted eight decades. Throughout those 80
years, his interest in the law and his dedication to his clients never
wavered.
Rush paid his way through college at the University of Missouri at
Columbia by working on the university farm and doing odd jobs such as
carpentry, firing up furnaces, caring for animals and waiting tables.
While in college, his oratory skills won him awards which he later
utilized with great success in the courtroom.
In 1914, he entered law school, and after two years, he skipped the
third year and passed the Missouri Bar examination. In 1916, he was
admitted into the Missouri Bar and his long distinguished legal career
began in Cape Girardeau.
Over his career, Rush argued more than 60 cases in front of the
Missouri Supreme Court along with many prominent civil cases. He was a
specialist in probate law and helped draft the 1955 Probate Code of
Missouri. He also tried cases before the Interstate Commerce
Commission, the U.S. Labor Board and the Internal Revenue Appellate
Division.
From 1955 through 1956, he was President of the Missouri Bar and
later served as President of the State Historical Society of Missouri.
In addition to this, Mr. Limbaugh was a leading member of numerous
legal and civic organizations including the American Bar Association,
the Missouri Bar Foundation, the Missouri Human Rights Commission, the
Cape Girardeau Board of Education and the Salvation Army Advisory Board
However, Rush's contributions were not just limited to Missouri. In
the late 1950's, Rush served as a U.S. State Department special envoy
to India where he promoted American jurisprudence and constitutional
government among lawyers, judges and university students in that newly
formed country. And in the 1960's, he served as Chairman of the
American Bar Association's special committee on the Bill of Rights.
Rush was truly an inspiration and mentor to many aspiring lawyers,
especially the ones in his own family. His two sons, Rush Jr. and
Steven, both practiced law with him for many years. His son, Steven N.
Limbaugh, currently serves as a Senior Federal Judge in St. Louis. Four
of his grandsons followed in his footsteps and pursued legal careers
including his grandson Steven Jr. who is now a Missouri Supreme Court
Justice.
Perhaps the best measure of Rush Hudson Limbaugh' legacy as a lawyer
and as a human being comes from the praise and admiration of his peers
in the legal community. ``A top notch all-around lawyer; the epitome of
what a lawyer ought to be said one colleague. ``A legend in his time,''
said another.
However, his grandson Steven may have offered the best possible
description of this great citizen: ``He was an extraordinary man,
exemplary in every way, yet very humble. He was a lawyer's lawyer, a
community servant and a gentle and kind man whose family was the very
center of his life.''
It is only fitting that the new Federal courthouse in Cape Girardeau,
Missouri be named after this great hero of American Jurisprudence.
I ask unanimous consent that the text of this bill be printed in the
Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 247

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

SECTION 1. RUSH HUDSON LIMBAUGH, SR. UNITED STATES
COURTHOUSE.

(a) Designation.--The United States courthouse located at
555 Independence Street, Cape Girardeau, Missouri, shall be
known and designated as the ``Rush Hudson Limbaugh, Sr.
United States Courthouse''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
United States courthouse referred to in subsection (a) shall
be deemed to be a reference to the ``Rush Hudson Limbaugh,
Sr. United States Courthouse''.
______

By Mr. BAUCUS (for himself and Ms. Snowe):
S. 248. A bill to amend the Internal Revenue Code of 1986 to
permanently extend and modify the work opportunity credit, and for
other purposes; to the Committee on Finance.
Mr. BAUCUS. President, I am pleased to join my Colleague, Senator
Snowe, in introducing legislation to improve and permanently extend the
Work Opportunity and the Welfare-to-Work tax credits. Last year, I was
pleased to help enact legislation that consolidated, streamlined, and
extended these credits through the end of 2007. Now it is time to make
these tax credits permanent.
The current extension expires at the end of this year. So immediate
action is needed to make these credits permanent and make several
improvements to the programs to improve their effectiveness. Recurring
lapses and extensions make administration of this credit burdensome
both for the taxpaying employer, who cannot keep track of who is or is
not qualified, and for the IRS, which needs to ensure that taxpayers
are complying with the ever-shifting law. Last year, the program lapsed
until late December, when Congress finally passed a retroactive
extension.
Over the past decade, the Work Opportunity Tax Credit, WOTC, and the
Welfare-to-Work credits have helped more than 2.2 million public
assistance dependent individuals to enter the workforce. These hiring
tax incentives have demonstrated their effectiveness. They help to
level the job selection playing field for low-skilled individuals. They
provide employers with additional resources to help recruit, select,
train and retain individuals with significant barriers to work. Many
vulnerable individuals still need a boost in finding employment. And
this is particularly important during periods of high unemployment.
Without an extension of these programs, the task of transitioning from
welfare-to-work will become even harder for individuals who reach their
welfare eligibility ceiling.
Because of the costs involved in setting up and administering a WOTC
and Welfare-to-Work program, employers have established massive
outreach programs to maximize the number of eligible persons in their
hiring pool. The States, in turn, have steadily improved the programs
through improved administration. WOTC has become an example of a true
public-private partnership design to assist the most needy applicants.
Without the additional resources provided by these hiring tax
incentives, few employers would actively seek out this hard-to-employ
population.
The new combined WOTC and Welfare-to-Work credits provide employers
with a graduated tax credit equal to 25 percent of the first $6,000 in
wages for eligible individuals working between 120 hours and 399 hours
and a 40-percent tax credit on the first $6,000 in wages for those
working more than 400 hours. In the category of longterm welfare
recipients, employers receive a maximum credit of $4,000, or 40 percent
of qualified first year wages up to $10,000. Employers receive a
maximum credit of $5,000, or 50 percent of qualified wages up to
$10,000, for retaining for a second year individuals in the long-term
welfare assistance category.

[[Page S388]]

In my home State of Montana, many businesses take advantage of this
program, including large multinational firms and smaller family-owned
businesses. Those who truly benefit from the WOTC and Welfare-to-Work
program, however, are low-income families under the Food Stamp Program,
the Aid to Families with Dependent Children, AFDC, and Temporary
Assistance for Needy Families, TANF, programs, and also low income U.S.
Veterans. In Montana, more than 1,000 people were certified as eligible
under the WOTC program during an 18-month period, October 2001 through
March 2003, including 476 Food Stamp recipients, 475 AFDC or TANF
recipients, and 52 U.S. veterans.
The bill that we are introducing today provides for a permanent
program extension of the combined credits. After a decade of experience
with WOTC and Welfare-to- Work, we know that employers do respond to
these important hiring tax incentives. Permanent extension would
provide these programs with greater stability, thereby encouraging more
employers to participate, make investments in expanding outreach to
identify potential workers from the targeted groups, and avoid the
wasteful disruption of termination and renewal. A permanent extension
would also encourage the state job services to invest the resources
needed to make the certification process more efficient and employer-
friendly.
Finally, there are other changes in the bill that would extend these
benefits to more people and help them find work. One change would
increase the age of eligibility for those individuals seeking work who
reside in enterprise zones or empowerment communities. Another change
would include referrals from the Ticket to Work program in the
Vocational Rehabilitation category. These two changes are modest
improvements to the program.
Further, this bill adds a new subcategory with an enhanced credit for
employers who hire veterans with service-connected disabilities
occurring on or after September 11, 2001. As of July 2006, nearly
20,000 members of our Armed Forces were wounded in action in Operation
Iraqi Freedom and Operation Enduring Freedom. Many of these veterans
are now permanently disabled. Of these brave men and women who have
been wounded, nearly 5,000 are members of the National Guard and
Reserves. Our National Guard and Reserves are carrying a huge burden in
our current conflicts abroad.
Many of these wounded veterans come from rural States such as my home
State of Montana. In Montana, we have the highest proportion of
veterans per capita of any state. According to the most recent census,
veterans account for nearly one out of every six people in Montana. And
veterans and families of veterans constitute a significant portion of
the population in rural states throughout the country.
When not deployed, many National Guardsmen and reservists in Montana
support their families with second and even third jobs. At any time,
they can be deployed overseas, to our borders, or even to aid with
national disasters such as hurricanes or forest fires. If they are
injured or disabled, however, many become unable to perform the jobs
that they did before deployment. They will need to transition into a
new job or career. It is our duty to provide the proper means for
veterans to make that transition. It is our duty to help them to live
as independent citizens.
Since August 2002, the share of veterans collecting unemployment
insurance has nearly doubled. During any given year, half a million
veterans across the Nation experience homelessness. We are not
providing enough resources for veterans looking for work. We are too
often failing our injured and our disabled veterans.
Many seriously injured and disabled veterans simply do not know what
they are going to do once they return home. We need to help these young
men and women. And a modest tax incentive to get them back into the
workforce is one place to start.
I look forward to working with Senator Snowe to get a permanent work
incentive for these individuals. And I encourage our Colleagues to join
us in this effort.
______

By Mrs. FEINSTEIN:
S. 249. A bill to permit the National Football League to restrict the
movement of its franchises, and for other purposes; to the Committee on
the Judiciary.
Mrs. FEINSTEIN. Mr. President, last November, John York, the owner of
the San Francisco 49ers, announced his intention to move the team to
Santa Clara.
The 49ers have been an integral part of San Francisco for the past 60
years. The team was founded in 1946 as part of the All-American
Football Conference and joined the National Football League in 1950,
when the two leagues merged.
The team's name is derived from the city's history, celebrating the
miners who rushed to San Francisco in search of gold in 1849 and helped
build the city.
The team has been a part of San Francisco for so long, and is such a
central part of its culture, that the prospect of the team leaving
concerns many of the people of San Francisco.
In response, I am introducing the Football Fairness Act that provides
a new and limited antitrust exemption that is designed to slow the
frequent movement of National Football League teams and prevent
communities from suffering the financial and intangible costs of these
moves.
As Mayor of San Francisco, I had the pleasure of witnessing several
49ers' Super Bowl victory parades.
What I remember most about those victories is the way the team's
success brought the city together. I've also seen other cities unite in
celebration of their teams' championships.
Our football teams are more than just businesses. They are a common
denominator that cut across class, race, and gender to bond the people
of a city. They are a key component of a city's culture and identity.
There are instances where a city cannot support a team, but it is
disheartening when a city that can--and does--support a team is
nevertheless abandoned and the loyalty of the fans discarded.
In 1985, then 49ers owner Eddie DeBartolo explored the possibility of
moving the team to San Jose. As Mayor of San Francisco, I worked with
the 49ers and we were able to reach an agreement to keep the team in
San Francisco.
Today, I remain hopeful that an agreement to keep the team will be
reached that will benefit the people of San Francisco and the 49ers'
organization.
However, this situation highlights a broader trend of NFL teams
abandoning cities after those communities invested substantial funds
and good will into a team.
This persistent movement is bad for our cities.
In the last 25 years, National Football League teams have moved 7
times: Oakland Raiders to Los Angeles in 1982, Baltimore Colts to
Indianapolis in 1984, St. Louis Cardinals to Tempe in 1988, Los Angeles
Rams to St. Louis in 1994, Los Angeles Raiders to Oakland in 1994,
Cleveland Browns to Baltimore in 1996, and Houston Oilers to Nashville
in 1997.
However, during that same time period only 1 Major League Baseball
franchise moved. In 2004, with the approval of Major League Baseball,
the Montreal Expos became the Washington Nationals.
Why has there been stability in baseball, while National Football
League teams have moved so frequently?
Unlike the NFL, Major League Baseball has an antitrust exemption
which gives the league and its owners control over the movement of its
teams.
When the Oakland Raiders sought to relocate to Los Angeles in 1982,
the National Football League's owners voted to prevent the move.
However, the courts found that the NFL's intervention was a violation
of antitrust laws, and the League could do nothing to prevent the
Raiders from moving.
Just 12 years later, the Raiders left Los Angeles to return to the
same city and stadium it had abandoned.
If a city is incapable of supporting a team, it is understandable
that a franchise would move. However, of the six cities that have seen
National Football League teams leave in the last 25 years, five of
those cities later received another NFL franchise.
It is clear that NFL teams are not moving because cities cannot
support teams.
To address the real costs imposed on communities by the persistent
and unnecessary franchise movement that we

[[Page S389]]

have witnessed, I am introducing the Football Fairness Act.
The Football Fairness Act is straightforward and it is limited.
It would permit the National Football League to review and restrict
its teams' movement. This should help keep the fans who support the NFL
from being left out of the equation.
The Act is targeted. It limits the exemption from antitrust laws
solely to the National Football League's ability to prevent the
movement of its franchises. Consequently, the Act will not diminish
competition.
I urge my colleague to support the Football Fairness Act and help
prevent the damage done to fans and communities by frequent NFL
franchise movement.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 249

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Football Fairness Act of
2007''.

SEC. 2. FINDINGS.

The Congress finds that--
(1) National Football League teams foster a strong local
identity with the people of the cities and regions in which
they are located, providing a source of civic pride for their
supporters;
(2) National Football League teams provide employment
opportunities, revenues, and a valuable form of entertainment
for the cities and regions in which they are located;
(3) there are significant public investments associated
with National Football League facilities;
(4) it is in the public interest to encourage the National
Football League to operate under policies that promote
stability among its member teams and to promote the equitable
resolution of disputes arising from the proposed relocation
of National Football League teams; and
(5) National Football League teams travel in interstate to
compete and utilize materials shipped in interstate commerce,
and National Football League games are broadcast nationally.

SEC. 3. CLARIFICATION OF ANTITRUST LAWS RELATED TO
RELOCATION.

It shall not be unlawful by reason of any provision of the
antitrust laws for the National Football League to enforce
rules authorizing the membership of the league to decide that
a member club of such league shall not be relocated.

SEC. 4. INAPPLICABILITY TO CERTAIN MATTERS.

(a) In General.--Nothing contained in this Act shall--
(1) alter, determine, or otherwise affect the applicability
or inapplicability of the antitrust laws, the labor laws, or
any other provision of law relating to the wages, hours, or
other terms and conditions of employment of players in the
National Football League, to any employment matter regarding
players in the National Football League, or to any collective
bargaining rights and privilege of any player union in the
National Football League;
(2) alter or affect the applicability or inapplicability of
the antitrust laws or any applicable Federal or State law
relating to broadcasting or telecasting, including section 1
of Public Law 87-331 (15 U.S.C. 1291), any agreement between
the National Football League or its member teams, and any
person not affiliated with the National Football League for
the broadcasting or telecasting of the games of the National
Football League or its member teams on any form of
television;
(3) affect any contract, or provision of a contract,
relating to the use of a stadium or arena between a member
team and the owner or operator of any stadium or arena or any
other person;
(4) exempt from the antitrust laws any agreement to fix the
prices of admission to National Football League games;
(5) exempt from the antitrust laws any predatory practice
or other conduct with respect to competing sports leagues
that would otherwise be unlawful under the antitrust laws; or
(6) except as provided in this Act, alter, determine, or
otherwise affect the applicability or inapplicability of the
antitrust laws to any act, contract, agreement, rule, course
of conduct, or other activity by, between, or among persons
engaging in, conducting, or participating in professional
football.
(b) Antitrust Laws.--As used in this section, the term
``antitrust laws'' has the meaning given to such term in the
first section of the Clayton Act (15 U.S.C. 12) and in the
Federal Trade Commission Act (15 U.S.C. 41 et seq.).
______

By Ms. SNOWE (for herself and Mr. Wyden):
S. 250. A bill to reduce the costs of prescription drugs for Medicare
beneficiaries and to guarantee access to comprehensive prescription
drug coverage under part D of the Medicare program, and for other
purposes; to the Committee on Finance.
Mrs. SNOWE. Mr. President, today I join with my colleague and friend
Senator Ron Wyden, to introduce legislation which we have sponsored
since 2004 to ensure the sound fiscal management of our Medicare
prescription drug benefit. Together we both supported the enactment of
the Medicare Modernization Act in 2003 (MMA), and we remain committed
to seeing our seniors able to rely on a high quality, affordable
benefit.
Today millions of American seniors are at last receiving assistance
with the high cost of prescription drugs. For so many, that will make a
difference between choosing whether to take needed medications and the
other necessities of life. We have indeed come a very long way. We look
forward to realizing all the incredible benefits of this coverage as we
see the results of more affordable access to prescription drugs--better
health for our seniors, and substantial health care savings.
This new benefit marks a milestone for Medicare. And that is an apt
analogy because today Part D represents a landmark, not a destination.
There is no doubt that this benefit is not all it could or should be,
but it is a giant step forward in helping millions of seniors to afford
medications which are so essential to health care today. For modem
drugs not only treat disease, but actually can prevent its development.
While we have seen this landmark progress, it has not come without
difficulty. Yet today seniors are saving substantially on their
prescription drugs and we see reports that four of five enrollees are
pleased with the assistance they are receiving.
It is undoubtedly the help they are getting which has resulted in
such satisfaction. Because the confusion, the complexity, and often a
lack of oversight on the plans has created some serious consumer issues
which we will continue to address. But today the first issue before us
is the cost of prescription drugs in the plans.
Over 3 years ago the Congress was given a price tag for this benefit
that was simply unrealistic. Recognizing an absence of cost management,
I joined with Senator Wyden to address the escalating cost projections
we were seeing. Today, some say all is well, as we hear that the
estimated cost of the benefit declined somewhat from a peak estimate of
about $720 billion over 10 years. Yet I must note that some of the
reasons for that reduction are too quickly glossed over. Enrollment is
lower than it was estimated to be as more Americans chose to stay in
private coverage. We also saw this past year that we failed to reach
many of those low income seniors who most needed help. Today as seniors
enter their first full year of coverage, we will see a more realistic
year--particularly in terms of more beneficiaries facing the donut
hole.
We have heard estimates that the average senior is saving an average
of $1,000 per year, but we should ask how that savings is being
achieved. The discovery by many seniors--when they reached the donut
hole--that their cost of medications was the same or even higher than
what they paid prior to enrolling in Part D--that should be a red flag
that we may not be seeing the purchasing power of seniors harnessed for
the savings they deserve.

Back in 2005 the Medicare Actuary had estimated that drug plans would
negotiate a discount of about 15 percent off undiscounted retail
prices. So last year we were curious--just how were they doing in
Maine? My staff compared prices for the top 24 medications used by
seniors and found that our plan prices for those medications averaged
less than 12 percent below the price any senior could already obtain,
by simply walking into a retail pharmacy. That is not even using
membership or association discounts, or using an on-line pharmacy like
Drugstore.com--where seniors could obtain better prices. That result--
finding a single senior could do better than a plan--is certainly
disappointing.
That points to a system that is working well in terms of subsidy, but
certainly needs to improve in terms of negotiating substantial
discounts. But we are told that the cost of the benefit is lower, and
that premiums were stable this year. Yet if you ask what stand-alone
drug coverage actually costs this

[[Page S390]]

year, CMS will tell you that those premiums have gone up about 10
percent. Not unlike increases in the deductible, the size of the donut
hole, and out-of-pocket expense. As Senator Wyden and I learned from
GAO reports we have received, the prices of drugs used by seniors have
inexorably increased since 2000 at two to three times the inflation
rate.
So the costs of this program will remain a concern. Most of us
envisioned that not only would the taxpayer contribute to helping
seniors with drug expenses, but we would realize substantial savings
from lower prices on prescription drugs.
That is why Senator Wyden and I proposed to achieve some balance in
the public private partnership which is Part D today, and it is why
today we are again introducing the Medicare Enhancements for Needed
Drugs Act--the MEND Act. In this drug benefit the HHS Secretary should
have a proper role in negotiation. Negotiation, not price setting.
It is clear that what the Congress intended to do was to create a
true public-private partnership, utilizing competitive forces to bring
more choices to seniors--in drugs, benefit plan designs, pharmacies,
and more. So seniors can vote with their pocketbooks, and we can see
their choices in the market influence the kind of benefit they receive.
That is not the same as a system in which the government sets prices,
and that is why our legislation specifically bans such a practice.
Under our legislation, the Federal Government cannot set either prices
or formularies--that is absolutely clear.
What I believe most of us desire to do is give the present system the
best tools to achieve success. That means that the Secretary must have
an oversight role. He should be examining performance and pointing out
where plans need to improve. But today if he noticed a product on which
poor discounts were being achieved, and he attempted to discuss that
publicly, he would likely be accused of interference. Further, if a
plan reported intransigence in trying to negotiate with a manufacturer,
the Secretary could not respond. That makes no sense. It is a
disservice taxpayers, beneficiaries, and the plans as well.
Our legislation rescinds the ``non-interference'' clause and directs
the Secretary to negotiate for any necessary fallback plan, and in
addition, to respond to requests for help from plans which cannot
obtain reasonable negotiation.
We have also added two additional areas in which the Secretary must
negotiate. First, as the CBO has stated that negotiation of single-
source drugs could yield savings, our legislation directs the Secretary
to engage in negotiation regarding those unique products. We also know
that some drugs exist because the taxpayer provides substantial support
to see them developed. The public deserves a fair price on those
products it made possible, so the Secretary should weigh in those
cases.
Finally, our bill protects beneficiaries by assuring that seniors
will have access to a comprehensive coverage option--at least one plan
in each region must provide the option to avoid the coverage gap,
dreaded ``donut hole''. Today seniors in 11 States simply cannot obtain
such coverage and they must at least have the option of protecting
themselves.
These are reasonable ways to help plans succeed, and to protect both
beneficiaries and taxpayers within the public-private partnership on
which this benefit rests.
I call on my colleagues to join us in this effort, so that we may
improve the partnership between private enterprise and the Federal
Government in serving our seniors.
I ask consent that the bill's text be printed in the Congressional
Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 250

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Medicare Enhancements for
Needed Drugs Act of 2007''.

SEC. 2. GAO STUDIES AND REPORTS ON PRICES OF PRESCRIPTION
DRUGS.

(a) Review and Reports on Retail Prices of Prescription
Drugs.--
(1) Initial review.--The Comptroller General of the United
States shall conduct a review of the retail cost of
prescription drugs in the United States during 2000 through
2006, with an emphasis on the prescription drugs most
utilized for individuals age 65 or older.
(2) Subsequent review.--After conducting the review under
paragraph (1), the Comptroller General shall continuously
review the retail cost of such drugs through December 31,
2010, to determine the changes in such costs.
(3) Reports.--
(A) Initial review.--Not later than 90 days after the date
of enactment of this Act, the Comptroller General shall
submit to Congress a report on the initial review conducted
under paragraph (1).
(B) Subsequent review.--Not later than April 1 of 2008,
2009, 2010, and 2011, the Comptroller General shall submit to
Congress a report on the subsequent review conducted under
paragraph (2).
(b) Annual GAO Study and Report on Retail and Acquisition
Prices of Certain Prescription Drugs.--
(1) Ongoing study.--The Comptroller General of the United
States shall conduct an ongoing study that compares the
average retail cost in the United States for each of the 20
most utilized prescription drugs for individuals age 65 or
older with--
(A) the average price at which private health plans acquire
each such drug;
(B) the average price at which the Department of Defense
under the Defense Health Program acquires each such drug;
(C) the average price at which the Department of Veterans
Affairs under the laws administered by the Secretary of
Veterans Affairs acquires each such drug; and
(D) the average negotiated price for each such drug that
eligible beneficiaries enrolled in a prescription drug plan
under part D of title XVIII of the Social Security Act that
provides only basic prescription drug coverage have access to
under such plans.
(2) Annual report.--Not later than October 1, 2007, and
annually thereafter, the Comptroller General shall submit to
Congress a report on the study conducted under paragraph (1),
together with such recommendations as the Comptroller General
determines appropriate.

SEC. 3. INCLUSION OF AVERAGE AGGREGATE BENEFICIARY COSTS AND
SAVINGS IN COMPARATIVE INFORMATION FOR BASIC
MEDICARE PRESCRIPTION DRUG PLANS.

Section 1860D-1(c)(3) of the Social Security Act (42 U.S.C.
1395w-101(c)(3)) is amended--
(1) in subparagraph (A)--
(A) in the matter preceding clause (i), by striking
``subparagraph (B)'' and inserting ``subparagraphs (B) and
(C)''; and
(B) by adding at the end the following new clause:
``(vi) Average aggregate beneficiary costs and savings.--
With respect to plan years beginning on or after January 1,
2008, the average aggregate costs, including deductibles and
other cost-sharing, that a beneficiary will incur for covered
part D drugs in the year under the plan compared to the
average aggregate costs that an eligible beneficiary with no
prescription drug coverage will incur for covered part D
drugs in the year.''; and
(2) by adding at the end the following new subparagraph:
``(C) Average aggregate beneficiary costs and savings
information only for basic prescription drug plans.--The
Secretary shall not provide comparative information under
subparagraph (A)(vi) with respect to--
``(i) a prescription drug plan that provides supplemental
prescription drug coverage; or
``(ii) a Medicare Advantage plan.''.

SEC. 4. NEGOTIATING FAIR PRICES FOR MEDICARE PRESCRIPTION
DRUGS.

(a) In General.--Section 1860D-11 of the Social Security
Act (42 U.S.C. 1395w-111) is amended by striking subsection
(i) (relating to noninterference) and by inserting the
following:
``(i) Authority To Negotiate Prices With Manufacturers.--
``(1) In general.--In order to ensure that beneficiaries
enrolled under prescription drug plans and MA-PD plans pay
the lowest possible price, the Secretary shall have authority
similar to that of other Federal entities that purchase
prescription drugs in bulk to negotiate contracts with
manufacturers of covered part D drugs, consistent with the
requirements and in furtherance of the goals of providing
quality care and containing costs under this part.
``(2) Mandatory responsibilities.--The Secretary shall be
required to--
``(A) negotiate contracts with manufacturers of covered
part D drugs when the drug is a single source drug without a
therapeutic equivalent;
``(B) participate in the negotiation of contracts with
respect to any covered part D drug upon the request of an
approved prescription drug plan or MA-PD plan;
``(C) participate in the negotiation of contracts for any
covered part D drugs for which there is a substantial amount
of Federal research funding in the development of the drug;
and
``(D) negotiate contracts with manufacturers of covered
part D drugs for each standard fallback prescription drug
plan under subsection (g) and each comprehensive fallback
prescription drug plan under subsection (k).
``(3) Rule of construction.--Nothing in paragraph (2) shall
be construed to limit the

[[Page S391]]

authority of the Secretary under paragraph (1) to the
mandatory responsibilities under paragraph (2).
``(4) No particular formulary or price structure.--In order
to promote competition under this part and in carrying out
this part, the Secretary may not require a particular
formulary or institute a price structure for the
reimbursement of covered part D drugs.
``(5) Use of savings.--The savings to the Medicare
Prescription Drug Account through the use of the authority
provided under this subsection (including the mandatory
responsibilities under paragraph (2)) shall be used to
strengthen the program under this part and to reduce the
Federal deficit.''.
(b) Effective Date.--The amendment made by this section
shall take effect on the date of enactment of this Act.

SEC. 5. ACCESS TO A COMPREHENSIVE MEDICARE PRESCRIPTION DRUG
PLAN.

(a) Requirement for Access.--Section 1860D-3(a) of the
Social Security Act (42 U.S.C. 1395w-103(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``Choice of at least two plans in each
area.--The Secretary'' and inserting ``Choice
``(A) Choice of at least two plans in each area.--The
Secretary''; and
(B) by adding at the end the following new subparagraph:
``(B) Choice of a comprehensive prescription drug plan.--In
addition to the requirement under subparagraph (A), the
Secretary shall ensure that each part D eligible individual
has available a choice of enrollment in a comprehensive
prescription drug plan (as defined in paragraph (4)) in the
area in which the individual resides. In any such case in
which such a plan is not available, the part D eligible
individual shall be given the opportunity to enroll in a
comprehensive fallback prescription drug plan.''; and
(2) by adding at the end the following new paragraph:
``(4) Comprehensive prescription drug plan.--For purposes
of this section, the term `comprehensive prescription drug
plan' means a prescription drug plan that provides coverage
of covered part D drugs after an individual has reached the
initial coverage limit under paragraph (3) of section 1860D-
2(b) but has not reached the annual out-of-pocket threshold
under paragraph (4)(B) of such section that is the same as
the coverage for such drugs that is provided under the plan
after the individual has met the deductible under paragraph
(1) of such section but has not reached such initial coverage
limit.''.
(b) Comprehensive Fallback Prescription Drug Plan.--Section
1860D-11 of the Social Security Act (42 U.S.C. 1395w-111) is
amended by adding at the end the following new subsection:
``(k) Guaranteeing Access to Comprehensive Coverage.--
``(1) Solicitation of bids.--Separate from the bidding
process under subsections (b) and (g), the Secretary shall
provide for a process for the solicitation of bids from
eligible comprehensive fallback entities (as defined in
paragraph (2)) for the offering in all comprehensive fallback
service areas (as defined in paragraph (3)) in one or more
PDP regions of a comprehensive fallback prescription drug
plan (as defined in paragraph (4)) during the contract period
specified in subsection (g)(5) (as made applicable to this
subsection under paragraph (6)).
``(2) Eligible comprehensive fallback entity.--For purposes
of this section, the term `eligible comprehensive fallback
entity' means, with respect to all comprehensive fallback
service areas in a PDP region for a contract period, an
entity that--
``(A) meets the requirements to be a PDP sponsor (or would
meet such requirements but for the fact that the entity is
not a risk-bearing entity); and
``(B) does not submit a bid under section 1860D-11(b) for
any prescription drug plan for any PDP region for the first
year of such contract period.
For purposes of subparagraph (B), an entity shall be treated
as submitting a bid with respect to a prescription drug plan
if the entity is acting as a subcontractor of a PDP sponsor
that is offering such a plan. The previous sentence shall not
apply to entities that are subcontractors of an MA
organization except insofar as such organization is acting as
a PDP sponsor with respect to a prescription drug plan.
``(3) Fallback service area.--For purposes of this
subsection, the term `comprehensive fallback service area'
means, for a PDP region with respect to a year, any area
within such region for which the Secretary determines before
the beginning of the year that the access requirements of the
first sentence of section 1860D-3(a)(1)(B) will not be met
for part D eligible individuals residing in the area for the
year.
``(4) Comprehensive fallback prescription drug plan.--For
purposes of this part, the term `comprehensive fallback
prescription drug plan' means a prescription drug plan that--
``(A) offers the standard prescription drug coverage and
access to negotiated prices described in section 1860D-
2(a)(1)(A);
``(B) offers coverage of covered part D drugs after an
individual has reached the initial coverage limit under
paragraph (3) of section 1860D-2(b) but has not reached the
annual out-of-pocket threshold under paragraph (4)(B) of such
section that is the same as the coverage for such drugs that
is offered after the individual has met the deductible under
paragraph (1) of such section but has not reached such
initial coverage limit; and
``(C) meets such other requirements as the Secretary may
specify.
``(5) Monthly beneficiary premium.--Except as provided in
section 1860D-13(b) (relating to late enrollment penalty) and
subject to section 1860D-14 (relating to low-income
assistance), the monthly beneficiary premium to be charged
under a comprehensive fallback prescription drug plan offered
in all comprehensive fallback service areas in a PDP region
shall be uniform and shall be an amount equal to--
``(A) 25.5 percent of an amount equal to the Secretary's
estimate of the average monthly per capita actuarial cost,
including administrative expenses, under the comprehensive
fallback prescription drug plan of providing the coverage
described in paragraph (4)(A) in the region, as calculated by
the Chief Actuary of the Centers for Medicare & Medicaid
Services; and
``(B) 100 percent of an amount equal to the Secretary's
estimate of the average monthly per capita actuarial cost,
including administrative expenses, under the comprehensive
fallback prescription drug plan of providing the coverage
described in paragraph (4)(B) in the region, as calculated by
the Chief Actuary of the Centers for Medicare & Medicaid
Services.

In calculating such administrative expenses, the Chief
Actuary shall use a factor that is based on similar expenses
of prescription drug plans that are not standard or
comprehensive fallback prescription drug plans.
``(6) Incorporation of standard fallback prescription drug
plan provisions.--The provisions of paragraphs (1)(B), (5),
and (7) of subsection (g) shall apply to comprehensive
fallback prescription drug plans and entities offering such
plans in the same manner as such provisions apply to standard
fallback prescription drug plans and entities offering such
plans.
``(7) Same entity may offer both fallback prescription drug
plans in an area.--The Secretary may award a contract to an
entity under this subsection with respect to an area and
period and a contract under subsection (g) with respect to
the same area and period.''.
(c) Conforming Amendments.--
(1) Access.--Section 1860D-3 of the Social Security Act (42
U.S.C. 1395w-103) is amended--
(A) in subsection (a)--
(i) in paragraph (1)(A) of subsection (a), as redesignated
by subsection (a), by inserting ``standard'' before
``fallback'';
(ii) in paragraph (2), by striking ``paragraph (1)'' and
inserting ``paragraph (1)(A)''; and
(B) in subsection (b)(2), by striking ``fallback
prescription drug plan for that area under section 1860D-
11(g)'' and inserting ``standard or comprehensive fallback
prescription drug plan for that area under subsections (g)
and (k) of section 1860D-11, as applicable''.
(2) Limited risk plans.--Section 1860D-11(f) of the Social
Security Act (42 U.S.C. 1395w-111(f)) is amended--
(A) in paragraph (1)--
(i) by striking ``1860D-3(a)'' and inserting ``1860D-
3(a)(1)(A)''; and
(ii) by inserting ``standard'' before ``fallback''; and
(B) in paragraph (2)(A), by striking ``1860D-3(a)'' and
inserting ``1860D-3(a)(1)(A)''; and
(C) in each of subparagraphs (A) and (B) of paragraph (4),
by striking ``a fallback'' and inserting ``a standard or
comprehensive fallback''.
(3) Standard fallback prescription drug plan.--Section
1860D-11(g) of the Social Security Act (42 U.S.C. 1395w-
111(g)) is amended--
(A) in the heading, by inserting ``Standard Prescription
Drug'' after ``Access to'';
(B) by inserting ``standard'' before ``fallback'' each
place it appears;
(C) by striking ``Fallback'' each place it appears and
inserting ``Standard fallback'';
(D) by inserting ``standard'' before ``fallback'' each
place it appears; and
(E) in paragraph (3), by striking ``1860D-3(a)'' and
inserting ``1860D-3(a)(1)(A)''.
(4) Annual report.--Section 1860D-11(h) of the Social
Security Act (42 U.S.C. 1395w-111(h)) is amended by striking
``(f) and (g)'' and inserting ``(f), (g), and (k)''.
(5) Limitation on entities offering fallback prescription
drug plans.--Section 1860D-12(b)(2) of the Social Security
Act (42 U.S.C. 1395w-112(b)(2)) is amended--
(A) in the matter preceding subparagraph (A), by striking
``a fallback'' and inserting ``a standard or comprehensive
fallback'';
(B) in subparagraph (A)--
(i) by striking ``section 1860D-11(g)'' and inserting
``subsection (g) or (k) of section 1860D-11'';
(ii) by striking ``such section'' and inserting ``such
subsections, as applicable''; and
(iii) by striking ``a fallback'' and inserting ``a standard
or comprehensive fallback'';
(C) in subparagraph (B), by striking ``a fallback'' and
inserting ``a standard or comprehensive fallback'';
(D) in subparagraph (C), by striking ``a fallback'' and
inserting ``a standard or comprehensive fallback'' and
(E) in the flush matter following subparagraph (C), by
striking ``a fallback'' and inserting ``a standard or
comprehensive fallback''.
(6) Collection of premium.--Section 1860D-13(c)(3) of the
Social Security Act (42

[[Page S392]]

U.S.C. 1395w-113(c)(3)) is amended by striking ``a fallback''
and inserting ``a standard or comprehensive fallback''.
(7) Payment.--Section 1860D-15(g) of the Social Security
Act (42 U.S.C. 1395w-115(g)) is amended by striking
``offering'' and all that follows and inserting the
following: ``offering.--
``(1) a standard prescription drug plan (as defined in
paragraph (4) of section 1860D-11(g)), the amount payable
shall be the amounts determined under the contract for such
plan pursuant to paragraph (5) of such section; and
``(2) a comprehensive prescription drug plan (as defined in
paragraph (4) of section 1860D-11(k)), the amount payable
shall be the amounts determined under the contract for such
plan pursuant to such paragraph (5) (as made applicable to
section 1860D-11(k) under paragraph (6) of such section).''.
(8) Payment from account.--Section 1860D-16(b)(1)(B) of the
Social Security Act (42 U.S.C. 1395w-116(b)(1)(B)) is amended
by inserting ``standard and comprehensive'' before
``fallback''.
(9) Definition.--Section 1860D-41(a)(5) of the Social
Security Act (42 U.S.C. 1395w-151(a)(5)) is amended to read
as follows:
``(5) Standard fallback prescription drug plan;
comprehensive fallback prescription drug plan.--The terms
`standard fallback prescription drug plan' and `comprehensive
fallback prescription drug plan' have the meaning given those
terms in subsection (g)(4) and (k)(4), respectively, of
section 1860D-11.''.
(d) Effective Date.--The amendments made by this section
shall take effect on January 1, 2008.

Mr. WYDEN. Mr. President, Senator Snowe and I said we would work to
improve the Medicare Part D benefit ever since we voted for its
passage. Senator Snowe and I think one of the most egregious errors in
the Medicare drug benefit was to write into law that the Secretary
cannot have bargaining power under any circumstances. That is why today
we are introducing the Medicare Enhancements for Needed Drugs Act of
2007. This legislation lifts the prohibition on bargaining power and
requires the Secretary to negotiate on behalf of seniors.
We believed that one of the most important things missing from the
Part D benefit was cost containment--and allowing Medicare to negotiate
for drug prices would be an important cost containment measure. Our
legislation clearly prohibits price setting or the creation of a
uniform formulary. What our legislation allows Medicare to do is to be
a smart shopper--just as any consumer would be--by allowing Medicare to
go in the market and use its clout just like any other big purchaser.
Under our proposal, the Secretary could negotiate in any
circumstance, but must negotiate in several instances: for single
source drugs for which there is no therapeutic equivalent; drugs for
which taxpayer funding was substantial in its research and development;
and for any fallback plan the Secretary must provide. In addition, our
legislation requires the Secretary to provide a fallback plan if there
is not comprehensive coverage, including coverage for the so-called
donut hole, available in a region.
The Congressional Budget Office has stated there might be savings
achieved if the Secretary could negotiate for single source drugs for
which there is no therapeutic equivalent. To be good stewards of
taxpayer dollars, to be able to strengthen the program and to help
seniors truly save, we must look toward using every logical tool to
lower costs. Not to try to achieve lower prices in areas identified as
potentially saving the program, taxpayers and seniors would be foolish.
I don't know of a single private entity, whether it's a timber
company in my home State of Oregon, or a big auto company, who when
they're buying something in bulk doesn't say, hey pal, how about a
discount? So why shouldn't Medicare, if it needs to negotiate, have
that authority just in case? Why wouldn't we want to assure that
Medicare can be a smart shopper?
I look forward to working with my colleagues as the Senate Finance
Committee works on this issue.
______

By Mr. FEINGOLD:
S. 252. A bill to repeal the provision of law that provides automatic
pay adjustments for Members of Congress; to the Committee on Homeland
Security and Governmental Affairs.
Mr. FEINGOLD. Mr. President, I am pleased to reintroduce legislation
that would put an end to automatic pay raises for Members of Congress.
As I have noted when I raised this issue in past years, Congress has
the authority to raise its own pay, something that most of our
constituents cannot do. Because this is such a singular power, Congress
ought to exercise it openly, and subject to regular procedures
including debate, amendment, and a vote on the record.
But current law allows Congress to avoid that public debate and vote.
All that is necessary for Congress to get a pay raise is that nothing
be done to stop it. The annual pay raise takes effect unless Congress
acts.
This stealth pay raise mechanism began with a change Congress enacted
in the Ethics Reform Act of 1989. In section 704 of that Act, Members
of Congress voted to make themselves entitled to an annual raise equal
to half a percentage point less than the employment cost index, one
measure of inflation.
On occasion, Congress has voted to deny itself the raise, and the
traditional vehicle for the pay raise vote is the Treasury
appropriations bill. But that vehicle is not always made available to
those who want a public debate and vote on the matter. Just last year,
for example, the Senate did not consider the Treasury appropriations
bill. Instead, we passed a series of continuing resolutions to fund
government operations usually addressed in that bill and other
appropriations bills that were not taken up. Because of that, Senators
were effectively prevented from offering an amendment to force an up or
down vote on the annual pay raise. And that situation was not unique.
As I have noted in the past, getting a vote on the annual
congressional pay raise is a haphazard affair at best, and it should
not be that way. The burden should not be on those who seek a public
debate and recorded vote on the Member pay raise. On the contrary,
Congress should have to act if it decides to award itself a hike in
pay. This process of pay raises without accountability must end.
This issue is not a new question. It was something that our Founders
considered from the beginning of our Nation. In August of 1789, as part
of the package of 12 amendments advocated by James Madison that
included what has become our Bill of Rights, the House of
Representatives passed an amendment to the Constitution providing that
Congress could not raise its pay without an intervening election. On
September 9, 1789, the Senate passed that amendment. In late September
of 1789, Congress submitted the amendments to the States.
Although the amendment on pay raises languished for two centuries, in
the 1980s, a campaign began to ratify it. While I was a member of the
Wisconsin State Senate, I was proud to help ratify the amendment. Its
approval by the Michigan legislature on May 7, 1992, gave it the needed
approval by three-fourths of the States.
The 27th Amendment to the Constitution now states: ``No law, varying
the compensation for the services of the senators and representatives,
shall take effect, until an election of representatives shall have
intervened.''
I honor that limitation. Throughout my 6-year term, I accept only the
rate of pay that Senators receive on the date on which I was sworn in
as a Senator. And I return to the Treasury any additional income
Senators get, whether from a cost-of-living adjustment or a pay raise
we vote for ourselves. I don't take a raise until my bosses, the people
of Wisconsin, give me one at the ballot box. That is the spirit of the
27th Amendment. The stealth pay raises like the one that Congress
allowed for 2006 certainly violate the spirit of that amendment at the
very least.
This practice must end and this bill will end it. Senators and
Congressmen should have to vote up-or-down to raise Congressional pay,
and my bill would require just that. We owe our constituents nothing
less.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 252

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

SECTION 1. ELIMINATION OF AUTOMATIC PAY ADJUSTMENTS FOR
MEMBERS OF CONGRESS.

(a) In General.--Paragraph (2) of section 601(a) of the
Legislative Reorganization Act of 1946 (2 U.S.C. 31) is
repealed.

[[Page S393]]

(b) Technical and Conforming Amendments.--Section 601(a)(1)
of such Act is amended--
(1) by striking ``(a)(1)'' and inserting ``(a)'';
(2) by redesignating subparagraphs (A), (B), and (C) as
paragraphs (1), (2), and (3), respectively; and
(3) by striking ``as adjusted by paragraph (2) of this
subsection'' and inserting ``adjusted as provided by law''.
(c) Effective Date.--This section shall take effect on
February 1, 2009.
______

By Ms. LANDRIEU:
S. 253. A bill to permit the cancellation of certain loans under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act, and
for other purposes; to the Committee on Homeland Security and
Governmental Affairs.
Ms. LANDRIEU. Mr. President, it gives me great pleasure to introduce
the Disaster Loan Fairness Act of 2007. This legislation strikes
provisions contained in the Community Disaster Loan Act of 2005 and the
Emergency Supplemental spending bill for hurricane relief, which
prohibited forgiveness of Special Community Disaster Loans authorized
in those measures.
Section 417 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act requires forgiveness of a loan if an independent audit
determines that its recipient cannot sustain its repayment obligations
after a 3-year grace period. The statute recognizes the very real
possibility that hard-hit communities may need to be excused from
repayment. For the first time in the history of the program though,
forgiveness was specifically prohibited by the Community Disaster Loan
Act of 2005. These were the strictest terms ever required. Clamping
down in the wake of the worst disaster in history did not make sense at
the time, and it does not make sense now.
In the last Congress, I introduced S. 1872, which eliminated this
provision governing the first round of loans authorized in October of
2005. Louisiana applicants received about $739 million in this first
round. This bill accomplishes that same objective, and also strikes
forgiveness restrictions attached to a second round of loans authorized
in June of 2006, through which Louisianans received about $261 million
in Orleans, St. Bernard, and St. Tammany Parishes. These recipients in
the second round included sheriffs, fire districts, levee districts,
school boards, sewage and water boards, port harbor and terminal
authorities, regional transit authorities and parish governments.

Essential operational expenditures must be made to facilitate
recovery in the wake of a disaster, including services like police,
fire protection, transit and sanitation. One of the great ironies of
the Community Disaster Loan Program is the fact that it exists largely
to supplement shortcomings in the Stafford Act. Between 1970 and 1974,
the program was administered as a grant program before the Stafford Act
converted it to a loan program. FEMA will not reimburse emergency
responders for their straight-time salaries, and a large portion of
these loans were needed for payroll expenses to essential employees.
This bill does not necessarily forgive all loans made to hurricane-
affected communities. Communities must apply for cancellation, and
forgiveness is only permitted when an independent review of a city's
fiscal health finds justification to cancel the debt. Even then,
communities must still repay loan funds used for capital improvements,
debt servicing, assessments, intragovernmental services, cost-sharing
and otherwise reimbursable activities. It is also important to remember
that the size of the loans has been limited to a proportion of the
community's operating budget since these programs were first
authorized.
The majority of disaster loans have been repaid, and the program is
used only by areas that have suffered a major disaster. In 29 years,
the program has only received 64 applications associated with 21
disasters. Compared to 1,104 disasters declared in total, that is a
very small proportion. There were no loans issued under this authority
for 6 years prior to FY 2005. These figures indicate that this program
has not been abused by jurisdictions that could do without the funds.
Program administrators and independent auditors have found cause to
cancel 93 percent of loan funding distributed to hard-hit areas over
the years, but this represents the inevitable fact that disasters can
be catastrophic, and areas requiring significant help are less likely
to be whole again after only 3 years.
The City of New Orleans was forced to lay off 3,000 people--over 80
percent of its workforce. Let us act now to ensure that other cities
are not forced to follow, by giving a break to disaster loan recipients
who prove unable to repay their debt. They will still have 3 years to
try, and some may succeed, but we must adjust to the reality of the
situation. It is time we relieve Gulf Coast communities of the burdens
they were forced to shoulder in order to keep police cars, fire trucks
and sanitation trucks rolling, reopen schools and bring cities back to
life by getting things working.
I ask unanimous consent the text of the bill be printed in the
Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 253

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Disaster Loan Fairness Act
of 2007''.

SEC. 2. CANCELLATION OF LOANS.

(a) In General.--Section 2(a) of the Community Disaster
Loan Act of 2005 (Public Law 109-88; 119 Stat. 2061) is
amended by striking ``Provided further, That notwithstanding
section 417(c)(1) of the Stafford Act, such loans may not be
canceled:''.
(b) Disaster Assistance Direct Loan Program Account.--
Chapter 4 of title II of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and
Hurricane Recovery, 2006 (Public Law 109-234; 120 Stat. 471)
is amended under the heading ``disaster assistance direct
loan program account'' under the heading ``Federal Emergency
Management Agency'' under the heading ``DEPARTMENT OF
HOMELAND SECURITY'', by striking ``Provided further, That
notwithstanding section 417(c)(1) of such Act, such loans may
not be canceled:''.

SEC. 3. EFFECTIVE DATE.

The amendments made by this Act shall be effective on the
date of enactment of the Community Disaster Loan Act of 2005
(Public Law 109-88; 119 Stat. 2061).
______

By Mr. DOMENICI (for himself and Mr. Bingaman):
S. 255. A bill to provide assistance to the State of New Mexico for
the development of comprehensive State water plans, and for other
purposes; to the Committee on Energy and Natural Resources.
Mr. DOMENICI. Mr. President, water is the life's blood for New
Mexico. When the water dries up in New Mexico, so will many of its
communities. As such, the scarcity of water in New Mexico is a dire
situation. Unfortunately, the New Mexico Office of the State Engineer
(NM OSE) lacks the tools necessary to undertake the Herculean task of
effectively managing New Mexico's water resources.
Today, I introduce legislation that would allow New Mexico to make
informed decisions about its limited water resources.
In order to effectively perform water rights administration, as well
as comply with New Mexico's compact deliveries, the State Engineer is
statutorily required to perform assessments and investigations of the
numerous stream systems and ground water basins located within New
Mexico. However, the NM OSE is ill equipped to vigorously and
comprehensively undertake the daunting but critically important task of
water resource planning. At present, the NM OSE lacks adequate
resources to perform necessary hydrographic surveys and data
collection. As such, ensuring a future water supply for my home state
requires that Congress provide the NM OSE with the resources necessary
to fulfill its statutory mandate.
The bill I introduce today would create a standing authority for the
State of New Mexico to seek and receive technical assistance from the
Bureau of Rec1amation and the United States Geological Survey. It would
also provide the NM OSE the sum of $12.5 million in federal assistance
to perform hydrologic models of New Mexico's most important water
systems. This bill would provide the NM OSE with the best resources
available when making crucial decisions about how best preserve our
limited water stores.
Ever decreasing water supplies in New Mexico have reached critical
leve1s and require immediate action. The Congress cannot sit idly by as
water shortages cause death to New

[[Page S394]]

Mexico's communities. I hope the Senate will give this legislation its
every consideration. I thank Senator Bingaman, Chairman of the Energy
and Natural Resources Committee for cosponsoring this important
legislation.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 255

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``New Mexico Water Planning
Assistance Act''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Bureau of Reclamation and
the United States Geological Survey.
(2) State.--The term ``State'' means the State of New
Mexico.

SEC. 3. COMPREHENSIVE WATER PLAN ASSISTANCE.

(a) In General.--Upon the request of the Governor of the
State and subject to subsections (b) through (f), the
Secretary shall--
(1) provide to the State technical assistance and grants
for the development of comprehensive State water plans;
(2) conduct water resources mapping in the State; and
(3) conduct a comprehensive study of groundwater resources
(including potable, brackish, and saline water resources) in
the State to assess the quantity, quality, and interaction of
groundwater and surface water resources.
(b) Technical Assistance.--Technical assistance provided
under subsection (a) may include--
(1) acquisition of hydrologic data, groundwater
characterization, database development, and data
distribution;
(2) expansion of climate, surface water, and groundwater
monitoring networks;
(3) assessment of existing water resources, surface water
storage, and groundwater storage potential;
(4) numerical analysis and modeling necessary to provide an
integrated understanding of water resources and water
management options;
(5) participation in State planning forums and planning
groups;
(6) coordination of Federal water management planning
efforts;
(7) technical review of data, models, planning scenarios,
and water plans developed by the State; and
(8) provision of scientific and technical specialists to
support State and local activities.
(c) Allocation.--In providing grants under subsection (a),
the Secretary shall, subject to the availability of
appropriations, allocate--
(1) $5,000,000 to develop hydrologic models and acquire
associated equipment for the New Mexico Rio Grande main stem
sections and Rios Pueblo de Taos and Hondo, Rios Nambe,
Pojoaque and Teseque, Rio Chama, and Lower Rio Grande
tributaries;
(2) $1,500,000 to complete the hydrographic survey
development of hydrologic models and acquire associated
equipment for the San Juan River and tributaries;
(3) $1,000,000 to complete the hydrographic survey
development of hydrologic models and acquire associated
equipment for Southwest New Mexico, including the Animas
Basin, the Gila River, and tributaries;
(4) $4,500,000 for statewide digital orthophotography
mapping; and
(5) such sums as are necessary to carry out additional
projects consistent with subsection (b).
(d) Cost-Sharing Requirement.--
(1) In general.--The non-Federal share of the total cost of
any activity carried out using a grant provided under
subsection (a) shall be 50 percent.
(2) Form of non-federal share.--The non-Federal share under
paragraph (1) may be in the form of any in-kind services that
the Secretary determines would contribute substantially
toward the conduct and completion of the activity assisted.
(e) Non-Reimbursable Basis.--Any assistance or grants
provided to the State under this Act shall be made on a non-
reimbursable basis.
(f) Authorized Transfers.--On request of the State, the
Secretary shall directly transfer to 1 or more Federal
agencies any amounts made available to the State to carry out
this Act.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to carry out this
Act $3,000,000 for each of fiscal years 2008 through 2012.

SEC. 5. SUNSET OF AUTHORITY.

The authority of the Secretary to carry out any provisions
of this Act shall terminate 10 years after the date of the
enactment of this Act.

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