[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.

                          ____________________