[Congressional Record (Bound Edition), Volume 151 (2005), Part 5]
[Senate]
[Pages 6318-6354]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 357. Mr. KOHL (for himself, Mr. DeWine, Mr. Harkin, Mr. Durbin, 
Mr. Leahy, Ms. Mikulski, Mr. Inouye, Ms. Landrieu, Mrs. Murray, Mr. 
Dorgan, Mr. Coleman, Mr. Obama, and Mr. Corzine) submitted an amendment 
intended to be proposed by him to the bill H.R. 1268, Making emergency 
supplemental appropriations for the fiscal year ending September 30, 
2005, to establish and rapidly implement regulations for State driver's 
license and identification document security standards, to prevent 
terrorists from abusing the asylum laws of the United States, to unify 
terrorism-related grounds for inadmissibility and removal, to ensure 
expeditious construction of the San Diego border fence, and for other 
purposes; which was ordered to lie on the table; as follows:

       In the bill, on page 171, line 2 strike ``$150,000,000 
     through ``expended'' and insert in lieu thereof the 
     following:
       ``$470,000,000 to remain available until expended: 
     Provided, That from this amount, to the maximum extent 
     possible, funding shall be restored to the previously 
     approved fiscal year 2005 programs under section 204(a)(2) of 
     the Agricultural Trade Development and Assistance Act of 
     1954: Provided further, That of the funds provided under this 
     heading, $12,000,000 shall be available to carry out programs 
     under the Food for Progress Act of 1985''.
                                 ______
                                 
  SA 358. Mrs. FEINSTEIN (for herself, Mr. Brownback, Mr. Lieberman, 
Mr. Alexander, Mr. Leahy, Mrs. Boxer, and Mrs. Clinton) submitted an 
amendment intended to be proposed by her to the bill H.R. 1268, Making 
emergency supplemental appropriations for the fiscal year ending 
September 30, 2005, to establish and rapidly implement regulations for 
State driver's license and identification document security standards, 
to prevent terrorists from abusing the asylum laws of the United 
States, to unify terrorism-related grounds for inadmissibility and 
removal, to ensure expeditious construction of the San Diego border 
fence, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. SENSE OF THE SENATE.

       It is the sense of the Senate that--
       (1) the Senate conferees should not agree to the inclusion 
     of language from division B of the Act (as passed by the 
     House of Representatives on March 16, 2005) in the conference 
     report;
       (2) the language referred to in paragraph (1) is contained 
     in H.R. 418, which was--
       (A) passed by the House of Representatives on February 10, 
     2005; and
       (B) referred to the Committee on the Judiciary of the 
     Senate on February 17, 2005; and
       (3) the Committee on the Judiciary is the appropriate 
     committee to address this matter.
                                 ______
                                 
  SA 359. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
by her to the bill H.R. 1268, Making emergency supplemental 
appropriations for the fiscal year ending September 30, 2005, to 
establish and rapidly implement regulations for State driver's license 
and identification document security standards, to prevent terrorists 
from abusing the asylum laws of the United States, to unify terrorism-
related grounds for inadmissibility and removal, to ensure expeditious 
construction of the San Diego border fence, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. IMMIGRATION FRAUD.

       (a) Fraudulent Use of Passports.--
       (1) Criminal code.--
       (A) Secretary of homeland security.--Section 1546 of title 
     18, United States Code, is amended by striking ``the 
     Commissioner of the Immigration and Naturalization Service'' 
     each place it appears and inserting ``the Secretary of 
     Homeland Security''.
       (B) Definition of passport.--Chapter 75 of title 18, United 
     States Code, is amended by adding at the end the following:

     ``Sec. 1548. Definition

       ``In sections 1543 and 1544, the term `passport' means any 
     passport issued by the United States or any foreign 
     country.''.
       (C) Clerical amendment.--The table of sections for chapter 
     75 of title 18, United States Code, is amended by adding at 
     the end the following:

``Sec. 1548. Definition.''.

       (2) Immigration and nationality act.--Section 101(a)(43)(P) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(43)(P)) is amended to read as follows:
       ``(P)(i) an offense described in section 1542, 1543, or 
     1544 of title 18, United States Code (relating to false 
     statements in the application, forgery, or misuse of a 
     passport);
       ``(ii) an offense described in section 1546(a) of title 18, 
     United States Code, relating to document fraud used as 
     evidence of authorized stay or employment in the United 
     States for which the term of imprisonment is at least 12 
     months; or
       ``(iii) any other offense described in section 1546(a) of 
     title 18, United States Code, relating to entry into the 
     United States, regardless of the term of imprisonment 
     imposed.''.
       (b) Release and Detention Prior to Disposition.--Section 
     3142(f)(1) of title 18, United States Code, is amended--
       (1) in subparagraph (C), by striking ``or'' after the 
     semicolon; and
       (2) by adding at the end the following:
       ``(E) an offense under section 1542, 1543, 1544, or 1546(a) 
     of this title; or''.
                                 ______
                                 
  SA 360. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
by her to the bill H.R. 1268, Making emergency supplemental 
appropriations for the fiscal year ending September 30, 2005, to 
establish and rapidly implement regulations for State driver's license 
and identification document security standards, to prevent terrorists 
from abusing the asylum laws of the United States, to unify terrorism-
related grounds for inadmissibility and removal, to ensure expeditious 
construction of the San Diego border fence, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 231, between lines 3 and 4, insert the following:


               USE OF GUANTANAMO BAY DETENTION FACILITIES

       Sec. 6047. (a) The Secretary of Defense, the Attorney 
     General of the United States, and the Director of National 
     Intelligence (upon confirmation) shall submit a report to 
     Congress, in both classified and unclassified form, assessing 
     the use of detention facilities at Guantanamo Bay, Cuba, 
     including--

[[Page 6319]]

       (1) a statement of the rationale for using Guantanamo Bay 
     as the location for detention facilities;
       (2) a comparison of the costs of maintaining such a 
     facility at Guantanamo Bay with maintaining a similar 
     facility within the United States;
       (3) a comparison of the measures necessary to maintain the 
     facility securely at Guantanamo Bay with maintaining a 
     similar facility within the United States;
       (4) a comprehensive listing of interrogation techniques 
     which could be lawfully used at Guantanamo Bay, but not at a 
     location within the United States; and
       (5) an analysis of procedural rights, including rights of 
     appeal and review, which would be available to a detainee 
     held within the United States, but not available to a 
     similarly situated detainee held at Guantanamo Bay.
       (b) The report under subsection (a) shall be submitted not 
     later than 90 days after the date of enactment of this Act.
       (c) Funds appropriated or otherwise made available under 
     this Act related to improvements to facilities at Guantanamo 
     Bay shall not be obligated until and unless the report is 
     submitted to Congress.
                                 ______
                                 
  SA 361. Mr. REID (for himself and Mr. Levin) submitted an amendment 
intended to be proposed by him to the bill H.R. 1268, Making emergency 
supplemental appropriations for the fiscal year ending September 30, 
2005, to establish and rapidly implement regulations for State driver's 
license and identification document security standards, to prevent 
terrorists from abusing the asylum laws of the United States, to unify 
terrorism-related grounds for inadmissibility and removal, to ensure 
expeditious construction of the San Diego border fence, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 169, between lines 8 and 9, insert the following:


sense of senate on treatment of certain veterans under repeal of phase-
    in of concurrent receipt of retired pay and veterans disability 
                              compensation

       Sec. 1122. It is the sense of the Senate that any veteran 
     with a service-connected disability rated as total by virtue 
     of having been deemed unemployable who otherwise qualifies 
     for treatment as a qualified retiree for purposes of section 
     1414 of title 10, United States Code, should be entitled to 
     treatment as qualified retiree receiving veterans disability 
     compensation for a disability rated as 100 percent for 
     purposes of the final clause of subsection (a)(1) of such 
     section, as amended by section 642 of the Ronald W. Reagan 
     National Defense Authorization Act for Fiscal Year 2005 
     (Public Law 108-375; 118 Stat. 1957), and thus entitled to 
     payment of both retired pay and veterans' disability 
     compensation under such section 1414 commencing as of January 
     1, 2005.
                                 ______
                                 
  SA 362. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
by her to the bill H.R. 1268, Making emergency supplemental 
appropriations for the fiscal year ending September 30, 2005, to 
establish and rapidly implement regulations for State driver's license 
and identification document security standards, to prevent terrorists 
from abusing the asylum laws of the United States, to unify terrorism-
related grounds for inadmissibility and removal, to ensure expeditious 
construction of the San Diego border fence, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 231, between lines 3 and 4, insert the following:

      TITLE VII--UNACCOMPANIED ALIEN CHILD PROTECTION ACT OF 2005

     SEC. 701. SHORT TITLE.

       This Act may be cited as the ``Unaccompanied Alien Child 
     Protection Act of 2005''.

     SEC. 702. DEFINITIONS.

       (a) In General.--In this title:
       (1) Competent.--The term ``competent'', in reference to 
     counsel, means an attorney who--
       (A) complies with the duties set forth in this title;
       (B) is a member in good standing of the bar of the highest 
     court of any State, possession, territory, Commonwealth, or 
     the District of Columbia;
       (C) is not under any order of any court suspending, 
     enjoining, restraining, disbarring, or otherwise restricting 
     the attorney in the practice of law; and
       (D) is properly qualified to handle matters involving 
     unaccompanied immigrant children or is working under the 
     auspices of a qualified nonprofit organization that is 
     experienced in handling such matters.
       (2) Director.--The term ``Director'' means the Director of 
     the Office.
       (3) Directorate.--The term ``Directorate'' means the 
     Directorate of Border and Transportation Security established 
     by section 401 of the Homeland Security Act of 2002 (6 U.S.C. 
     201).
       (4) Office.--The term ``Office'' means the Office of 
     Refugee Resettlement established by section 411 of the 
     Immigration and Nationality Act (8 U.S.C. 1521).
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (6) Unaccompanied alien child.--The term ``unaccompanied 
     alien child'' has the meaning given the term in section 
     462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 
     279(g)(2)).
       (7) Voluntary agency.--The term ``voluntary agency'' means 
     a private, nonprofit voluntary agency with expertise in 
     meeting the cultural, developmental, or psychological needs 
     of unaccompanied alien children, as certified by the 
     Director.
       (b) Amendments to the Immigration and Nationality Act.--
     Section 101(a) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)) is amended by adding at the end the 
     following:
       ``(51) The term `unaccompanied alien child' means a child 
     who--
       ``(A) has no lawful immigration status in the United 
     States;
       ``(B) has not attained the age of 18; and
       ``(C) with respect to whom--
       ``(i) there is no parent or legal guardian in the United 
     States; or
       ``(ii) no parent or legal guardian in the United States is 
     able to provide care and physical custody.
       ``(52) The term `unaccompanied refugee children' means 
     persons described in paragraph (42) who--
       ``(A) have not attained the age of 18; and
       ``(B) with respect to whom there are no parents or legal 
     guardians available to provide care and physical custody.''.
       (c) Rule of Construction.--A department or agency of a 
     State, or an individual or entity appointed by a State court 
     or juvenile court located in the United States, acting in 
     loco parentis, shall not be considered a legal guardian for 
     purposes of section 462 of the Homeland Security Act of 2002 
     (6 U.S.C. 279) or this Act.

   Subtitle A--Custody, Release, Family Reunification, and Detention

     SEC. 711. PROCEDURES WHEN ENCOUNTERING UNACCOMPANIED ALIEN 
                   CHILDREN.

       (a) Unaccompanied Children Found Along the United States 
     Border or at United States Ports of Entry.--
       (1) In general.--Subject to paragraph (2), if an 
     immigration officer finds an unaccompanied alien child who is 
     described in paragraph (2) at a land border or port of entry 
     of the United States and determines that such child is 
     inadmissible under the Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.), the officer shall--
       (A) permit such child to withdraw the child's application 
     for admission pursuant to section 235(a)(4) of the 
     Immigration and Nationality Act (8 U.S.C. 1225(a)(4)); and
       (B) return such child to the child's country of nationality 
     or country of last habitual residence.
       (2) Special rule for contiguous countries.--
       (A) In general.--Any child who is a national or habitual 
     resident of a country that is contiguous with the United 
     States and that has an agreement in writing with the United 
     States providing for the safe return and orderly repatriation 
     of unaccompanied alien children who are nationals or habitual 
     residents of such country shall be treated in accordance with 
     paragraph (1), if a determination is made on a case-by-case 
     basis that--
       (i) such child is a national or habitual resident of a 
     country described in this subparagraph;
       (ii) such child does not have a fear of returning to the 
     child's country of nationality or country of last habitual 
     residence owing to a fear of persecution;
       (iii) the return of such child to the child's country of 
     nationality or country of last habitual residence would not 
     endanger the life or safety of such child; and
       (iv) the child is able to make an independent decision to 
     withdraw the child's application for admission due to age or 
     other lack of capacity.
       (B) Right of consultation.--Any child described in 
     subparagraph (A) shall have the right, and shall be informed 
     of that right in the child's native language--
       (i) to consult with a consular officer from the child's 
     country of nationality or country of last habitual residence 
     prior to repatriation; and
       (ii) to consult, telephonically, with the Office.
       (3) Rule for apprehensions at the border.--The custody of 
     unaccompanied alien children not described in paragraph (2) 
     who are apprehended at the border of the United States or at 
     a United States port of entry shall be treated in accordance 
     with subsection (b).
       (b) Care and Custody of Unaccompanied Alien Children Found 
     in the Interior of the United States.--
       (1) Establishment of jurisdiction.--
       (A) In general.--Except as otherwise provided under 
     subparagraphs (B) and (C) and subsection (a), the care and 
     custody of all

[[Page 6320]]

     unaccompanied alien children, including responsibility for 
     their detention, where appropriate, shall be under the 
     jurisdiction of the Office.
       (B) Exception for children who have committed crimes.--
     Notwithstanding subparagraph (A), the Directorate shall 
     retain or assume the custody and care of any unaccompanied 
     alien child who--
       (i) has been charged with any felony, excluding offenses 
     proscribed by the Immigration and Nationality Act (8 U.S.C. 
     1101 et seq.), while such charges are pending; or
       (ii) has been convicted of any such felony.
       (C) Exception for children who threaten national 
     security.--Notwithstanding subparagraph (A), the Directorate 
     shall retain or assume the custody and care of an 
     unaccompanied alien child if the Secretary has substantial 
     evidence, based on an individualized determination, that such 
     child could personally endanger the national security of the 
     United States.
       (D) Trafficking victims.--For purposes of this title and 
     section 462 of the Homeland Security Act of 2002 (6 U.S.C. 
     279), an unaccompanied alien child who is eligible for 
     services authorized under the Victims of Trafficking and 
     Violence Protection Act of 2000 (Public Law 106-386), shall 
     be considered to be in the custody of the Office.
       (2) Notification.--
       (A) In general.--The Secretary shall promptly notify the 
     Office upon--
       (i) the apprehension of an unaccompanied alien child;
       (ii) the discovery that an alien in the custody of the 
     Directorate is an unaccompanied alien child;
       (iii) any claim by an alien in the custody of the 
     Directorate that such alien is under the age of 18; or
       (iv) any suspicion that an alien in the custody of the 
     Directorate who has claimed to be over the age of 18 is 
     actually under the age of 18.
       (B) Special rule.--In the case of an alien described in 
     clause (iii) or (iv) of subparagraph (A), the Director shall 
     make an age determination in accordance with section 715 and 
     take whatever other steps are necessary to determine whether 
     such alien is eligible for treatment under section 462 of the 
     Homeland Security Act of 2002 (6 U.S.C. 279) or this Act.
       (3) Transfer of unaccompanied alien children.--
       (A) Transfer to the office.--The care and custody of an 
     unaccompanied alien child shall be transferred to the 
     Office--
       (i) in the case of a child not described in subparagraph 
     (B) or (C) of paragraph (1), not later than 72 hours after a 
     determination is made that such child is an unaccompanied 
     alien child;
       (ii) in the case of a child whose custody and care has been 
     retained or assumed by the Directorate pursuant to 
     subparagraph (B) or (C) of paragraph (1), immediately 
     following a determination that the child no longer meets the 
     description set forth in such subparagraphs; or
       (iii) in the case of a child who was previously released to 
     an individual or entity described in section 712(a)(1), upon 
     a determination by the Director that such individual or 
     entity is no longer able to care for the child.
       (B) Transfer to the directorate.--Upon determining that a 
     child in the custody of the Office is described in 
     subparagraph (B) or (C) of paragraph (1), the Director shall 
     transfer the care and custody of such child to the 
     Directorate.
       (C) Promptness of transfer.--In the event of a need to 
     transfer a child under this paragraph, the sending office 
     shall make prompt arrangements to transfer such child and the 
     receiving office shall make prompt arrangements to receive 
     such child.
       (c) Age Determinations.--In any case in which the age of an 
     alien is in question and the resolution of questions about 
     the age of such alien would affect the alien's eligibility 
     for treatment under section 462 of the Homeland Security Act 
     of 2002 (6 U.S.C. 279) or this Act, a determination of 
     whether or not such alien meets such age requirements shall 
     be made by the Director in accordance with section 715.

     SEC. 712. FAMILY REUNIFICATION FOR UNACCOMPANIED ALIEN 
                   CHILDREN WITH RELATIVES IN THE UNITED STATES.

       (a) Placement Authority.--
       (1) Order of preference.--Subject to the discretion of the 
     Director under paragraph (4), section 713(a)(2) of this Act, 
     and section 462(b)(2) of the Homeland Security Act of 2002 (6 
     U.S.C. 279(b)(2)), an unaccompanied alien child in the 
     custody of the Office shall be promptly placed with 1 of the 
     following individuals or entities in the following order of 
     preference:
       (A) A parent who seeks to establish custody, as described 
     in paragraph (3)(A).
       (B) A legal guardian who seeks to establish custody, as 
     described in paragraph (3)(A).
       (C) An adult relative.
       (D) An individual or entity designated by the parent or 
     legal guardian that is capable and willing to care for the 
     well-being of the child.
       (E) A State-licensed juvenile shelter, group home, or 
     foster care program willing to accept physical custody of the 
     child.
       (F) A qualified adult or entity seeking custody of the 
     child when it appears that there is no other likely 
     alternative to long-term detention and family reunification 
     does not appear to be a reasonable alternative. For purposes 
     of this subparagraph, the Office shall decide who is a 
     qualified adult or entity and promulgate regulations in 
     accordance with such decision.
       (2) Suitability assessment.--Notwithstanding paragraph (1), 
     no unaccompanied alien child shall be placed with a person or 
     entity unless a valid suitability assessment conducted by an 
     agency of the State of the child's proposed residence, by an 
     agency authorized by that State to conduct such an 
     assessment, or by an appropriate voluntary agency contracted 
     with the Office to conduct such assessments, has found that 
     the person or entity is capable of providing for the child's 
     physical and mental well-being.
       (3) Right of parent or legal guardian to custody of 
     unaccompanied alien child.--
       (A) Placement with parent or legal guardian.--If an 
     unaccompanied alien child is placed with any person or entity 
     other than a parent or legal guardian, and subsequent to that 
     placement a parent or legal guardian seeks to establish 
     custody, the Director shall--
       (i) assess the suitability of placing the child with the 
     parent or legal guardian; and
       (ii) make a written determination on the child's placement 
     within 30 days.
       (B) Rule of construction.--Nothing in this title shall be 
     construed to--
       (i) supersede obligations under any treaty or other 
     international agreement to which the United States is a 
     party, including The Hague Convention on the Civil Aspects of 
     International Child Abduction, the Vienna Declaration and 
     Program of Action, and the Declaration of the Rights of the 
     Child; or
       (ii) limit any right or remedy under such international 
     agreement.
       (4) Protection from smugglers and traffickers.--
       (A) Policies and programs.--
       (i) In general.--The Director shall establish policies and 
     programs to ensure that unaccompanied alien children are 
     protected from smugglers, traffickers, or other persons 
     seeking to victimize or otherwise engage such children in 
     criminal, harmful, or exploitative activity.
       (ii) Witness protection programs included.--Programs 
     established pursuant to clause (i) may include witness 
     protection programs.
       (B) Criminal investigations and prosecutions.--Any officer 
     or employee of the Office or the Department of Homeland 
     Security, and any grantee or contractor of the Office, who 
     suspects any individual of involvement in any activity 
     described in subparagraph (A) shall report such individual to 
     Federal or State prosecutors for criminal investigation and 
     prosecution.
       (C) Disciplinary action.--Any officer or employee of the 
     Office or the Department of Homeland Security, and any 
     grantee or contractor of the Office, who suspects an attorney 
     of involvement in any activity described in subparagraph (A) 
     shall report the individual to the State bar association of 
     which the attorney is a member, or to other appropriate 
     disciplinary authorities, for appropriate disciplinary 
     action, which may include private or public admonition or 
     censure, suspension, or disbarment of the attorney from the 
     practice of law.
       (5) Grants and contracts.--The Director may award grants 
     to, and enter into contracts with, voluntary agencies to 
     carry out this section or section 462 of the Homeland 
     Security Act of 2002 (6 U.S.C. 279).
       (6) Reimbursement of state expenses.--The Director may 
     reimburse States for any expenses they incur in providing 
     assistance to unaccompanied alien children who are served 
     pursuant to this title or section 462 of the Homeland 
     Security Act of 2002 (6 U.S.C. 279).
       (b) Confidentiality.--All information obtained by the 
     Office relating to the immigration status of a person 
     described in subparagraphs (A), (B), and (C) of subsection 
     (a)(1) shall remain confidential and may be used only for the 
     purposes of determining such person's qualifications under 
     subsection (a)(1).
       (c) Required Disclosure.--The Secretary of Health and Human 
     Services or the Secretary of Homeland Security shall provide 
     the information furnished under this section, and any other 
     information derived from such furnished information, to--
       (1) a duly recognized law enforcement entity in connection 
     with an investigation or prosecution of an offense described 
     in paragraph (2) or (3) of section 212(a) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(a)), when such information 
     is requested in writing by such entity; or
       (2) an official coroner for purposes of affirmatively 
     identifying a deceased individual (whether or not such 
     individual is deceased as a result of a crime).
       (d) Penalty.--Whoever knowingly uses, publishes, or permits 
     information to be examined in violation of this section shall 
     be fined not more than $10,000.

     SEC. 713. APPROPRIATE CONDITIONS FOR DETENTION OF 
                   UNACCOMPANIED ALIEN CHILDREN.

       (a) Standards for Placement.--
       (1) Prohibition of detention in certain facilities.--Except 
     as provided in paragraph

[[Page 6321]]

     (2), an unaccompanied alien child shall not be placed in an 
     adult detention facility or a facility housing delinquent 
     children.
       (2) Detention in appropriate facilities.--An unaccompanied 
     alien child who has exhibited a violent or criminal behavior 
     that endangers others may be detained in conditions 
     appropriate to such behavior in a facility appropriate for 
     delinquent children.
       (3) State licensure.--A child shall not be placed with an 
     entity described in section 712(a)(1)(E), unless the entity 
     is licensed by an appropriate State agency to provide 
     residential, group, child welfare, or foster care services 
     for dependent children.
       (4) Conditions of detention.--
       (A) In general.--The Director and the Secretary of Homeland 
     Security shall promulgate regulations incorporating standards 
     for conditions of detention in such placements that provide 
     for--
       (i) educational services appropriate to the child;
       (ii) medical care;
       (iii) mental health care, including treatment of trauma, 
     physical and sexual violence, or abuse;
       (iv) access to telephones;
       (v) access to legal services;
       (vi) access to interpreters;
       (vii) supervision by professionals trained in the care of 
     children, taking into account the special cultural, 
     linguistic, and experiential needs of children in immigration 
     proceedings;
       (viii) recreational programs and activities;
       (ix) spiritual and religious needs; and
       (x) dietary needs.
       (B) Notification of children.--Regulations promulgated 
     under subparagraph (A) shall provide that all children are 
     notified of such standards orally and in writing in the 
     child's native language.
       (b) Prohibition of Certain Practices.--The Director and the 
     Secretary shall develop procedures prohibiting the 
     unreasonable use of--
       (1) shackling, handcuffing, or other restraints on 
     children;
       (2) solitary confinement; or
       (3) pat or strip searches.
       (c) Rule of Construction.--Nothing in this section shall be 
     construed to supersede procedures favoring release of 
     children to appropriate adults or entities or placement in 
     the least secure setting possible, as defined in the 
     Stipulated Settlement Agreement under Flores v. Reno.

     SEC. 714. REPATRIATED UNACCOMPANIED ALIEN CHILDREN.

       (a) Country Conditions.--
       (1) Sense of congress.--It is the sense of Congress that, 
     to the extent consistent with the treaties and other 
     international agreements to which the United States is a 
     party, and to the extent practicable, the United States 
     Government should undertake efforts to ensure that it does 
     not repatriate children in its custody into settings that 
     would threaten the life and safety of such children.
       (2) Assessment of conditions.--
       (A) In general.--The annual Country Reports on Human Rights 
     Practices published by the Department of State shall contain 
     an assessment of the degree to which each country protects 
     children from smugglers and traffickers.
       (B) Factors for assessment.--The Directorate shall consult 
     the Country Reports on Human Rights Practices and the 
     Trafficking in Persons Report in assessing whether to 
     repatriate an unaccompanied alien child to a particular 
     country.
       (b) Report on Repatriation of Unaccompanied Alien 
     Children.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act, and annually thereafter, the Secretary 
     shall submit a report to the Committee on the Judiciary of 
     the Senate and the Committee on the Judiciary of the House of 
     Representatives on efforts to repatriate unaccompanied alien 
     children.
       (2) Contents.--The report submitted under paragraph (1) 
     shall include--
       (A) the number of unaccompanied alien children ordered 
     removed and the number of such children actually removed from 
     the United States;
       (B) a description of the type of immigration relief sought 
     and denied to such children;
       (C) a statement of the nationalities, ages, and gender of 
     such children;
       (D) a description of the procedures used to effect the 
     removal of such children from the United States;
       (E) a description of steps taken to ensure that such 
     children were safely and humanely repatriated to their 
     country of origin; and
       (F) any information gathered in assessments of country and 
     local conditions pursuant to subsection (a)(2).

     SEC. 715. ESTABLISHING THE AGE OF AN UNACCOMPANIED ALIEN 
                   CHILD.

       (a) Procedures.--
       (1) In general.--The Director shall develop procedures to 
     make a prompt determination of the age of an alien in the 
     custody of the Department of Homeland Security or the Office, 
     when the age of the alien is at issue.
       (2) Evidence.--The procedures developed under paragraph (1) 
     shall--
       (A) permit the presentation of multiple forms of evidence, 
     including testimony of the child, to determine the age of the 
     unaccompanied alien for purposes of placement, custody, 
     parole, and detention; and
       (B) allow the appeal of a determination to an immigration 
     judge.
       (3) Access to alien.--The Secretary of Homeland Security 
     shall permit the Office to have reasonable access to aliens 
     in the custody of the Secretary so as to ensure a prompt 
     determination of the age of such alien.
       (b) Prohibition on Sole Means of Determining Age.--
     Radiographs or the attestation of an alien shall not be used 
     as the sole means of determining age for the purposes of 
     determining an alien's eligibility for treatment under this 
     title or section 462 of the Homeland Security Act of 2002 (6 
     U.S.C. 279).
       (c) Rule of Construction.--Nothing in this section shall be 
     construed to place the burden of proof in determining the age 
     of an alien on the government.

     SEC. 716. EFFECTIVE DATE.

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

  Subtitle B--Access by Unaccompanied Alien Children to Guardians Ad 
                           Litem and Counsel

     SEC. 721. GUARDIANS AD LITEM.

       (a) Establishment of Guardian Ad Litem Program.--
       (1) Appointment.--The Director may appoint a guardian ad 
     litem, who meets the qualifications described in paragraph 
     (2), for an unaccompanied alien child. The Director is 
     encouraged, wherever practicable, to contract with a 
     voluntary agency for the selection of an individual to be 
     appointed as a guardian ad litem under this paragraph.
       (2) Qualifications of guardian ad litem.--
       (A) In general.--No person shall serve as a guardian ad 
     litem unless such person--
       (i) is a child welfare professional or other individual who 
     has received training in child welfare matters; and
       (ii) possesses special training on the nature of problems 
     encountered by unaccompanied alien children.
       (B) Prohibition.--A guardian ad litem shall not be an 
     employee of the Directorate, the Office, or the Executive 
     Office for Immigration Review.
       (3) Duties.--The guardian ad litem shall--
       (A) conduct interviews with the child in a manner that is 
     appropriate, taking into account the child's age;
       (B) investigate the facts and circumstances relevant to the 
     child's presence in the United States, including facts and 
     circumstances--
       (i) arising in the country of the child's nationality or 
     last habitual residence; and
       (ii) arising subsequent to the child's departure from such 
     country;
       (C) work with counsel to identify the child's eligibility 
     for relief from removal or voluntary departure by sharing 
     with counsel information collected under subparagraph (B);
       (D) develop recommendations on issues relative to the 
     child's custody, detention, release, and repatriation;
       (E) take reasonable steps to ensure that--
       (i) the best interests of the child are promoted while the 
     child participates in, or is subject to, proceedings or 
     matters under the Immigration and Nationality Act (8 U.S.C. 
     1101 et seq.);
       (ii) the child understands the nature of the legal 
     proceedings or matters and determinations made by the court, 
     and that all information is conveyed to the child in an age-
     appropriate manner; and
       (F) report factual findings relating to--
       (i) information collected under subparagraph (B);
       (ii) the care and placement of the child during the 
     pendency of the proceedings or matters; and
       (iii) any other information collected under subparagraph 
     (D).
       (4) Termination of appointment.--The guardian ad litem 
     shall carry out the duties described in paragraph (3) until 
     the earliest of the date on which--
       (A) those duties are completed;
       (B) the child departs the United States;
       (C) the child is granted permanent resident status in the 
     United States;
       (D) the child attains the age of 18; or
       (E) the child is placed in the custody of a parent or legal 
     guardian.
       (5) Powers.--The guardian ad litem--
       (A) shall have reasonable access to the child, including 
     access while such child is being held in detention or in the 
     care of a foster family;
       (B) shall be permitted to review all records and 
     information relating to such proceedings that are not deemed 
     privileged or classified;
       (C) may seek independent evaluations of the child;
       (D) shall be notified in advance of all hearings or 
     interviews involving the child that are held in connection 
     with proceedings or matters under the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.), and shall be given a 
     reasonable opportunity to be present at such hearings or 
     interviews;
       (E) shall be permitted to consult with the child during any 
     hearing or interview involving such child; and
       (F) shall be provided at least 24 hours advance notice of a 
     transfer of that child to a different placement, absent 
     compelling and unusual circumstances warranting the transfer 
     of such child before such notification.

[[Page 6322]]

       (b) Training.--
       (1) In general.--The Director shall provide professional 
     training for all persons serving as guardians ad litem under 
     this section.
       (2) Training topics.--The training provided under paragraph 
     (1) shall include training in--
       (A) the circumstances and conditions that unaccompanied 
     alien children face; and
       (B) various immigration benefits for which such alien child 
     might be eligible.
       (c) Pilot Program.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Director shall establish and begin 
     to carry out a pilot program to test the implementation of 
     subsection (a).
       (2) Purpose.--The purpose of the pilot program established 
     under paragraph (1) is to--
       (A) study and assess the benefits of providing guardians ad 
     litem to assist unaccompanied alien children involved in 
     immigration proceedings or matters;
       (B) assess the most efficient and cost-effective means of 
     implementing the guardian ad litem provisions in this 
     section; and
       (C) assess the feasibility of implementing such provisions 
     on a nationwide basis for all unaccompanied alien children in 
     the care of the Office.
       (3) Scope of program.--
       (A) Selection of site.--The Director shall select 3 sites 
     in which to operate the pilot program established under 
     paragraph (1).
       (B) Number of children.--To the greatest extent possible, 
     each site selected under subparagraph (A) should have at 
     least 25 children held in immigration custody at any given 
     time.
       (4) Report to congress.--Not later than 1 year after the 
     date on which the first pilot program site is established 
     under paragraph (1), the Director shall submit a report on 
     the achievement of the purposes described in paragraph (2) to 
     the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives.

     SEC. 722. COUNSEL.

       (a) Access to Counsel.--
       (1) In general.--The Director should ensure that all 
     unaccompanied alien children in the custody of the Office or 
     the Directorate, who are not described in section 711(a)(2), 
     have competent counsel to represent them in immigration 
     proceedings or matters.
       (2) Pro bono representation.--To the maximum extent 
     practicable, the Director should--
       (A) make every effort to utilize the services of competent 
     pro bono counsel who agree to provide representation to such 
     children without charge; and
       (B) ensure that placements made under subparagraphs (D), 
     (E), and (F) of section 712(a)(1) are in cities where there 
     is a demonstrated capacity for competent pro bono 
     representation.
       (3) Development of necessary infrastructures and systems.--
     In ensuring that legal representation is provided to 
     unaccompanied alien children, the Director shall develop the 
     necessary mechanisms to identify entities available to 
     provide such legal assistance and representation and to 
     recruit such entities.
       (4) Contracting and grant making authority.--
       (A) In general.--The Director shall enter into contracts 
     with, or award grants to, nonprofit agencies with relevant 
     expertise in the delivery of immigration-related legal 
     services to children in order to carry out the 
     responsibilities of this title, including providing legal 
     orientation, screening cases for referral, recruiting, 
     training, and overseeing pro bono attorneys.
       (B) Subcontracting.--Nonprofit agencies may enter into 
     subcontracts with, or award grants to, private voluntary 
     agencies with relevant expertise in the delivery of 
     immigration-related legal services to children in order to 
     carry out this subsection.
       (C) Considerations regarding grants and contracts.--In 
     awarding grants and entering into contracts with agencies 
     under this paragraph, the Director shall take into 
     consideration the capacity of the agencies in question to 
     properly administer the services covered by such grants or 
     contracts without an undue conflict of interest.
       (5) Model guidelines on legal representation of children.--
       (A) Development of guidelines.--The Executive Office for 
     Immigration Review, in consultation with voluntary agencies 
     and national experts, shall develop model guidelines for the 
     legal representation of alien children in immigration 
     proceedings. Such guidelines shall be based on the children's 
     asylum guidelines, the American Bar Association Model Rules 
     of Professional Conduct, and other relevant domestic or 
     international sources.
       (B) Purpose of guidelines.--The guidelines developed under 
     subparagraph (A) shall be designed to help protect each child 
     from any individual suspected of involvement in any criminal, 
     harmful, or exploitative activity associated with the 
     smuggling or trafficking of children, while ensuring the 
     fairness of the removal proceeding in which the child is 
     involved.
       (C) Implementation.--The Executive Office for Immigration 
     Review shall adopt the guidelines developed under 
     subparagraph (A) and submit the guidelines for adoption by 
     national, State, and local bar associations.
       (b) Duties.--Counsel shall--
       (1) represent the unaccompanied alien child in all 
     proceedings and matters relating to the immigration status of 
     the child or other actions involving the Directorate;
       (2) appear in person for all individual merits hearings 
     before the Executive Office for Immigration Review and 
     interviews involving the Directorate; and
       (3) owe the same duties of undivided loyalty, 
     confidentiality, and competent representation to the child as 
     is due an adult client.
       (c) Access to Child.--
       (1) In general.--Counsel shall have reasonable access to 
     the unaccompanied alien child, including access while the 
     child is being held in detention, in the care of a foster 
     family, or in any other setting that has been determined by 
     the Office.
       (2) Restriction on transfers.--Absent compelling and 
     unusual circumstances, no child who is represented by counsel 
     shall be transferred from the child's placement to another 
     placement unless advance notice of at least 24 hours is made 
     to counsel of such transfer.
       (d) Notice to Counsel During Immigration Proceedings.--
       (1) In general.--Except when otherwise required in an 
     emergency situation involving the physical safety of the 
     child, counsel shall be given prompt and adequate notice of 
     all immigration matters affecting or involving an 
     unaccompanied alien child, including adjudications, 
     proceedings, and processing, before such actions are taken.
       (2) Opportunity to consult with counsel.--An unaccompanied 
     alien child in the custody of the Office may not give consent 
     to any immigration action, including consenting to voluntary 
     departure, unless first afforded an opportunity to consult 
     with counsel.
       (e) Access to Recommendations of Guardian Ad Litem.--
     Counsel shall be given an opportunity to review the 
     recommendation by the guardian ad litem affecting or 
     involving a client who is an unaccompanied alien child.

     SEC. 723. EFFECTIVE DATE; APPLICABILITY.

       (a) Effective Date.--This subtitle shall take effect 180 
     days after the date of enactment of this Act.
       (b) Applicability.--The provisions of this subtitle shall 
     apply to all unaccompanied alien children in Federal custody 
     on, before, or after the effective date of this subtitle.

 Subtitle C--Strengthening Policies for Permanent Protection of Alien 
                                Children

     SEC. 731. SPECIAL IMMIGRANT JUVENILE VISA.

       (a) J Visa.--Section 101(a)(27)(J) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(27)(J)) is amended to read 
     as follows:
       ``(J) an immigrant, who is 18 years of age or younger on 
     the date of application and who is present in the United 
     States--
       ``(i) who by a court order, which shall be binding on the 
     Secretary of Homeland Security for purposes of adjudications 
     under this subparagraph, was declared dependent on a juvenile 
     court located in the United States or whom such a court has 
     legally committed to, or placed under the custody of, a 
     department or agency of a State, or an individual or entity 
     appointed by a State or juvenile court located in the United 
     States, due to abuse, neglect, abandonment, or a similar 
     basis found under State law;
       ``(ii) for whom it has been determined in administrative or 
     judicial proceedings that it would not be in the alien's best 
     interest to be returned to the alien's or parent's previous 
     country of nationality or country of last habitual residence; 
     and
       ``(iii) with respect to a child in Federal custody, for 
     whom the Office of Refugee Resettlement of the Department of 
     Health and Human Services has certified to the Director of 
     the Bureau of Citizenship and Immigration Services that the 
     classification of an alien as a special immigrant under this 
     subparagraph has not been made solely to provide an 
     immigration benefit to that alien,
     except that no natural parent or prior adoptive parent of any 
     alien provided special immigrant status under this 
     subparagraph shall thereafter, by virtue of such parentage, 
     be accorded any right, privilege, or status under this 
     Act;''.
       (b) Adjustment of Status.--Section 245(h)(2)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1255(h)(2)(A)) is 
     amended to read as follows:
       ``(A) paragraphs (4), (5)(A), (6)(A), and (7) of section 
     212(a) shall not apply; and''.
       (c) Eligibility for Assistance.--A child who has been 
     granted relief under section 101(a)(27)(J) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(27)(J)), shall be 
     eligible for all funds made available under section 412(d) of 
     that Act (8 U.S.C. 1522(d)) until such time as the child 
     attains the age designated in section 412(d)(2)(B) of that 
     Act (8 U.S.C. 1522(d)(2)(B)), or until the child is placed in 
     a permanent adoptive home, whichever occurs first.
       (d) Transition Rule.--Notwithstanding any other provision 
     of law, any child described in section 101(a)(27)(J) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)) who 
     filed an application for a visa before the date of enactment 
     of this Act

[[Page 6323]]

     and who was 19, 20, or 21 years of age on the date such 
     application was filed shall not be denied a visa after the 
     date of enactment of this Act because of such alien's age.

     SEC. 732. TRAINING FOR OFFICIALS AND CERTAIN PRIVATE PARTIES 
                   WHO COME INTO CONTACT WITH UNACCOMPANIED ALIEN 
                   CHILDREN.

       (a) Training of State and Local Officials and Certain 
     Private Parties.--
       (1) In general.--The Secretary of Health and Human 
     Services, acting jointly with the Secretary, shall provide 
     appropriate training to State and county officials, child 
     welfare specialists, teachers, public counsel, and juvenile 
     judges who come into contact with unaccompanied alien 
     children.
       (2) Curriculum.--The training shall provide education on 
     the processes pertaining to unaccompanied alien children with 
     pending immigration status and on the forms of relief 
     potentially available. The Director shall be responsible for 
     establishing a core curriculum that can be incorporated into 
     education, training, or orientation modules or formats that 
     are currently used by these professionals.
       (b) Training of Directorate Personnel.--The Secretary, 
     acting jointly with the Secretary of Health and Human 
     Services, shall provide specialized training to all personnel 
     of the Directorate who come into contact with unaccompanied 
     alien children. Training for Border Patrol agents and 
     immigration inspectors shall include specific training on 
     identifying children at the United States borders or at 
     United States ports of entry who have been victimized by 
     smugglers or traffickers, and children for whom asylum or 
     special immigrant relief may be appropriate, including 
     children described in section 711(a)(2).

     SEC. 733. REPORT.

       Not later than 1 year after the date of enactment of this 
     Act, and annually thereafter, the Secretary of Health and 
     Human Services shall submit a report for the previous fiscal 
     year to the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives 
     that contains--
       (1) data related to the implementation of section 462 of 
     the Homeland Security Act (6 U.S.C. 279);
       (2) data regarding the care and placement of children in 
     accordance with this title;
       (3) data regarding the provision of guardian ad litem and 
     counsel services under this title; and
       (4) any other information that the Director or the 
     Secretary of Health and Human Services determines to be 
     appropriate.

     SEC. 734. EFFECTIVE DATE.

       The amendment made by section 731 shall apply to all aliens 
     who were in the United States before, on, or after the date 
     of enactment of this Act.

            Subtitle D--Children Refugee and Asylum Seekers

     SEC. 741. GUIDELINES FOR CHILDREN'S ASYLUM CLAIMS.

       (a) Sense of Congress.--Congress commends the Immigration 
     and Naturalization Service for its issuance of its 
     ``Guidelines for Children's Asylum Claims'', dated December 
     1998, and encourages and supports the implementation of such 
     guidelines by the Immigration and Naturalization Service (and 
     its successor entities) in an effort to facilitate the 
     handling of children's asylum claims. Congress calls upon the 
     Executive Office for Immigration Review of the Department of 
     Justice to adopt the ``Guidelines for Children's Asylum 
     Claims'' in its handling of children's asylum claims before 
     immigration judges and the Board of Immigration Appeals.
       (b) Training.--The Secretary shall provide periodic 
     comprehensive training under the ``Guidelines for Children's 
     Asylum Claims'' to asylum officers, immigration judges, 
     members of the Board of Immigration Appeals, and immigration 
     officers who have contact with children in order to 
     familiarize and sensitize such officers to the needs of 
     children asylum seekers. Voluntary agencies shall be allowed 
     to assist in such training.

     SEC. 742. UNACCOMPANIED REFUGEE CHILDREN.

       (a) Identifying Unaccompanied Refugee Children.--Section 
     207(e) of the Immigration and Nationality Act (8 U.S.C. 
     1157(e)) is amended--
       (1) by redesignating paragraphs (3), (4), (5), (6), and (7) 
     as paragraphs (4), (5), (6), (7), and (8), respectively; and
       (2) by inserting after paragraph (2) the following:
       ``(3) An analysis of the worldwide situation faced by 
     unaccompanied refugee children, by region, which shall 
     include an assessment of--
       ``(A) the number of unaccompanied refugee children, by 
     region;
       ``(B) the capacity of the Department of State to identify 
     such refugees;
       ``(C) the capacity of the international community to care 
     for and protect such refugees;
       ``(D) the capacity of the voluntary agency community to 
     resettle such refugees in the United States;
       ``(E) the degree to which the United States plans to 
     resettle such refugees in the United States in the coming 
     fiscal year; and
       ``(F) the fate that will befall such unaccompanied refugee 
     children for whom resettlement in the United States is not 
     possible.''.
       (b) Training on the Needs of Unaccompanied Refugee 
     Children.--Section 207(f)(2) of the Immigration and 
     Nationality Act (8 U.S.C. 1157(f)(2)) is amended by--
       (1) striking ``and'' after ``countries,''; and
       (2) inserting before the period at the end the following: 
     ``, and instruction on the needs of unaccompanied refugee 
     children''.

     SEC. 743. EXCEPTIONS FOR UNACCOMPANIED ALIEN CHILDREN IN 
                   ASYLUM AND REFUGEE-LIKE CIRCUMSTANCES.

       (a) Placement in Removal Proceedings.--Any unaccompanied 
     alien child apprehended by the Directorate, except for an 
     unaccompanied alien child subject to exceptions under 
     paragraph (1)(A) or (2) of section 711(a), shall be placed in 
     removal proceedings under section 240 of the Immigration and 
     Nationality Act (8 U.S.C. 1229a).
       (b) Exception From Time Limit for Filing Asylum 
     Application.--Section 208(a)(2) of the Immigration and 
     Nationality Act (8 U.S.C. 1158(a)(2)) is amended by adding at 
     the end the following:
       ``(E) Applicability.--Subparagraphs (A) and (B) shall not 
     apply to an unaccompanied alien child as defined in section 
     101(a)(51).''.

              Subtitle E--Authorization of Appropriations

     SEC. 751. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     the Department of Homeland Security, the Department of 
     Justice, and the Department of Health and Human Services, 
     such sums as may be necessary to carry out--
       (1) the provisions of section 462 of the Homeland Security 
     Act of 2002 (6 U.S.C. 279); and
       (2) the provisions of this title.
       (b) Availability of Funds.--Amounts appropriated pursuant 
     to subsection (a) shall remain available until expended.

      Subtitle F--Amendments to the Homeland Security Act of 2002

     SEC. 761. ADDITIONAL RESPONSIBILITIES AND POWERS OF THE 
                   OFFICE OF REFUGEE RESETTLEMENT WITH RESPECT TO 
                   UNACCOMPANIED ALIEN CHILDREN.

       (a) Additional Responsibilities of the Director.--Section 
     462(b)(1) of the Homeland Security Act of 2002 (6 U.S.C. 
     279(b)(1)) is amended--
       (1) in subparagraph (K), by striking ``and'' at the end;
       (2) in subparagraph (L), by striking the period at the end 
     and inserting ``, including regular follow-up visits to such 
     facilities, placements, and other entities, to assess the 
     continued suitability of such placements; and''; and
       (3) by adding at the end the following:
       ``(M) ensuring minimum standards of care for all 
     unaccompanied alien children--
       ``(i) for whom detention is necessary; and
       ``(ii) who reside in settings that are alternative to 
     detention.''.
       (b) Additional Powers of the Director.--Section 462(b) of 
     the Homeland Security Act of 2002 (6 U.S.C. 279(b)) is 
     amended by adding at the end the following:
       ``(4) Authority.--In carrying out the duties under 
     paragraph (3), the Director is authorized to--
       ``(A) contract with service providers to perform the 
     services described in sections 102, 103, 201, and 202 of the 
     Unaccompanied Alien Child Protection Act of 2005; and
       ``(B) compel compliance with the terms and conditions set 
     forth in section 103 of the Unaccompanied Alien Child 
     Protection Act of 2005, including the power to--
       ``(i) declare providers to be in breach and seek damages 
     for noncompliance;
       ``(ii) terminate the contracts of providers that are not in 
     compliance with such conditions; and
       ``(iii) reassign any unaccompanied alien child to a similar 
     facility that is in compliance with such section.''.

     SEC. 762. TECHNICAL CORRECTIONS.

       Section 462(b) of the Homeland Security Act of 2002 (6 
     U.S.C. 279(b)), as amended by section 761, is amended--
       (1) in paragraph (3), by striking ``paragraph (1)(G)'' and 
     inserting ``paragraph (1)''; and
       (2) by adding at the end the following:
       ``(5) Statutory construction.--Nothing in paragraph (2)(B) 
     may be construed to require that a bond be posted for 
     unaccompanied alien children who are released to a qualified 
     sponsor.''.

     SEC. 763. EFFECTIVE DATE.

       The amendments made by this subtitle shall take effect as 
     if included in the Homeland Security Act of 2002 (6 U.S.C. 
     101 et seq.).
                                 ______
                                 
  SA 363. Mr. SARBANES (for himself and Ms. Mikulski) submitted an 
amendment intended to be proposed by him to the bill H.R. 1268, Making 
emergency supplemental appropriations for the fiscal year ending 
September 30, 2005, to establish and rapidly implement regulations for 
State driver's license and identification document security standards, 
to prevent terrorists from abusing the asylum laws of the United 
States, to unify terrorism-related grounds for inadmissibility and 
removal, to ensure expeditious construction of the San Diego border 
fence, and for other purposes; which

[[Page 6324]]

was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                      DEPARTMENT OF DEFENSE--CIVIL

                         Department of the Army


                         CONSTRUCTION, GENERAL

       Section 123 of Public Law 108-137 (117 Stat. 1837) is 
     amended by striking ``in accordance with'' and all that 
     follows through the end of the section and inserting ``in 
     accordance with the Baltimore Metropolitan Water Resources 
     Gwynns Falls Watershed study draft feasibility report and 
     integrated environmental assessment prepared by the Corps of 
     Engineers and the City of Baltimore, Maryland, dated April 
     2004.''.
                                 ______
                                 
  SA 364. Mr. BROWNBACK submitted an amendment intended to be proposed 
by him to the bill H.R. 1268, Making emergency supplemental 
appropriations for the fiscal year ending September 30, 2005, to 
establish and rapidly implement regulations for State driver's license 
and identification document security standards, to prevent terrorists 
from abusing the asylum laws of the United States, to unify terrorism-
related grounds for inadmissibility and removal, to ensure expeditious 
construction of the San Diego border fence, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 231, between lines 3 and 4, insert the following:


                numerical limitations related to asylum

       Sec. 6047. (a) Section 207(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1157(a)) is amended by striking 
     paragraph (5).
       (b) Section 209(b) of the Immigration and Nationality Act 
     (8 U.S.C. 1159(b)) is amended to read as follows:
       ``(b) The Secretary of Homeland Security may, in the 
     discretion of the Secretary of Homeland Security, adjust to 
     the status of an alien lawfully admitted for permanent 
     residence, the status of any alien granted asylum who--
       ``(1) applies for such adjustment,
       ``(2) has been physically present in the United States for 
     at least one year after being granted asylum,
       ``(3) continues to be a refugee within the meaning of 
     section 101(a)(42)(A) or a spouse or child of such a refugee,
       ``(4) is not firmly resettled in any foreign country, and
       ``(5) is admissible (except as otherwise provided under 
     subsection (c)) as an immigrant under this Act at the time of 
     examination for adjustment of such alien.

     ``Upon approval of an application under this subsection, the 
     Secretary of Homeland Security shall establish a record of 
     the alien's admission for lawful permanent residence as of 
     the date on which such alien's application for asylum was 
     approved.''.
                                 ______
                                 
  SA 365. Mr. BROWNBACK submitted an amendment intended to be proposed 
by him to the bill H.R. 1268, Making emergency supplemental 
appropriations for the fiscal year ending September 30, 2005, to 
establish and rapidly implement regulations for State driver's license 
and identification document security standards, to prevent terrorists 
from abusing the asylum laws of the United States, to unify terrorism-
related grounds for inadmissibility and removal, to ensure expeditious 
construction of the San Diego border fence, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end, add the following new title:

                  TITLE VII--NEW IMMIGRANT CATEGORIES

     SEC. 7001. SHORT TITLE.

       This title may be cited as the ``Widows and Orphans Act of 
     2005''.

     SEC. 7002. NEW SPECIAL IMMIGRANT CATEGORY.

       (a) Certain Children and Women at Risk of Harm.--Section 
     101(a)(27) of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(27)) is amended--
       (1) in subparagraph (L), by inserting a semicolon at the 
     end;
       (2) in subparagraph (M), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(N) subject to subsection (j), an immigrant who is not 
     present in the United States--
       ``(i) who is--

       ``(I) referred to a consular, immigration, or other 
     designated official by a United States Government agency, an 
     international organization, or recognized nongovernmental 
     entity designated by the Secretary of State for purposes of 
     such referrals; and
       ``(II) determined by such official to be a minor under 18 
     years of age (as determined under subsection (j)(5))--

       ``(aa) for whom no parent or legal guardian is able to 
     provide adequate care;
       ``(bb) who faces a credible fear of harm related to his or 
     her age;
       ``(cc) who lacks adequate protection from such harm; and
       ``(dd) for whom it has been determined to be in his or her 
     best interests to be admitted to the United States; or
       ``(ii) who is--

       ``(I) referred to a consular or immigration official by a 
     United States Government agency, an international 
     organization or recognized nongovernmental entity designated 
     by the Secretary of State for purposes of such referrals; and
       ``(II) determined by such official to be a female who has--

       ``(aa) a credible fear of harm related to her sex; and
       ``(bb) a lack of adequate protection from such harm.''.
       (b) Statutory Construction.--Section 101 of the Immigration 
     and Nationality Act (8 U.S.C. 1101) is amended by adding at 
     the end the following:
       ``(j)(1) No natural parent or prior adoptive parent of any 
     alien provided special immigrant status under subsection 
     (a)(27)(N)(i) shall thereafter, by virtue of such parentage, 
     be accorded any right, privilege, or status under this Act.
       ``(2)(A) No alien who qualifies for a special immigrant 
     visa under subsection (a)(27)(N)(ii) may apply for derivative 
     status or petition for any spouse who is represented by the 
     alien as missing, deceased, or the source of harm at the time 
     of the alien's application and admission. The Secretary of 
     Homeland Security may waive this requirement for an alien who 
     demonstrates that the alien's representations regarding the 
     spouse were bona fide.
       ``(B) An alien who qualifies for a special immigrant visa 
     under subsection (a)(27)(N) may apply for derivative status 
     or petition for any sibling under the age of 18 years or 
     children under the age of 18 years of any such alien, if 
     accompanying or following to join the alien. For purposes of 
     this subparagraph, a determination of age shall be made using 
     the age of the alien on the date the petition is filed with 
     the Department of Homeland Security.
       ``(3) An alien who qualifies for a special immigrant visa 
     under subsection (a)(27)(N) shall be treated in the same 
     manner as a refugee solely for purposes of section 412.
       ``(4) The provisions of paragraphs (4), (5), and (7)(A) of 
     section 212(a) shall not be applicable to any alien seeking 
     admission to the United States under subsection (a)(27)(N), 
     and the Secretary of Homeland Security may waive any other 
     provision of such section (other than paragraph (2)(C) or 
     subparagraph (A), (B), (C), or (E) of paragraph (3)) with 
     respect to such an alien for humanitarian purposes, to assure 
     family unity, or when it is otherwise in the public interest. 
     Any such waiver by the Secretary of Homeland Security shall 
     be in writing and shall be granted only on an individual 
     basis following an investigation. The Secretary of Homeland 
     Security shall provide for the annual reporting to Congress 
     of the number of waivers granted under this paragraph in the 
     previous fiscal year and a summary of the reasons for 
     granting such waivers.
       ``(5) For purposes of subsection (a)(27)(N)(i)(II), a 
     determination of age shall be made using the age of the alien 
     on the date on which the alien was referred to the consular, 
     immigration, or other designated official.
       ``(6) The Secretary of Homeland Security shall waive any 
     application fee for a special immigrant visa for an alien 
     described in section 101(a)(27)(N).''.
       (c) Allocation of Special Immigrant Visas.--Section 
     203(b)(4) of the Immigration Nationality Act (8 U.S.C. 
     1153(b)(4)) is amended by striking ``(A) or (B) thereof'' and 
     inserting ``(A), (B), or (N) thereof''.
       (d) Expedited Process.--Not later than 45 days from the 
     date of referral to a consular, immigration, or other 
     designated official as described in section 101(a)(27)(N) of 
     the Immigration and Nationality Act, as added by subsection 
     (a), special immigrant status shall be adjudicated and, if 
     granted, the alien shall be paroled to the United States 
     pursuant to section 212(d)(5) of that Act (8 U.S.C. 
     1182(d)(5)) and allowed to apply for adjustment of status to 
     permanent residence under section 245 of that Act (8 U.S.C. 
     1255) within 1 year of the alien's arrival in the United 
     States.
       (e) Report to Congress.--Not later than 1 year after the 
     date of enactment of this Act, the Secretary of Homeland 
     Security shall report to the Committee on the Judiciary of 
     the Senate and the Committee on the Judiciary of the House of 
     Representatives on the progress of the implementation of this 
     title and the amendments made by this title, including--
       (1) data related to the implementation of this title and 
     the amendments made by this title;
       (2) data regarding the number of placements of females and 
     children who faces a credible fear of harm as referred to in 
     section 101(a)(27)(N) of the Immigration and Nationality Act, 
     as added by subsection (a); and
       (3) any other information that the Secretary of Homeland 
     Security determines to be appropriate.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated such sums as may be necessary to carry out 
     this

[[Page 6325]]

     section and the amendments made by this section.

     SEC. 7003. REQUIREMENTS FOR ALIENS.

       (a) Requirement Prior to Entry Into the United States.--
       (1) Database search.--An alien may not be admitted to the 
     United States under this title or an amendment made by this 
     title until the Secretary of Homeland Security has ensured 
     that a search of each database maintained by an agency or 
     department of the United States has been conducted to 
     determine whether such alien is ineligible to be admitted to 
     the Untied States on criminal, security, or related grounds.
       (2) Cooperation and schedule.--The Secretary of Homeland 
     Security and the head of each appropriate agency or 
     department of the United States shall work cooperatively to 
     ensure that each database search required by paragraph (1) is 
     completed not later than 45 days after the date on which an 
     alien files a petition seeking a special immigration visa 
     under section 101(a)(27)(N) of the Immigration and 
     Nationality Act, as added by section 7002(a).
       (b) Requirement After Entry Into the United States.--
       (1) Requirement to submit fingerprints.--
       (A) In general.--Not later than 30 days after the date that 
     an alien enters the United States under this title or an 
     amendment made by this title, the alien shall be 
     fingerprinted and submit to the Secretary of Homeland 
     Security such fingerprints and any other personal biometric 
     data required by the Secretary.
       (B) Other requirements.--The Secretary of Homeland Security 
     may prescribe regulations that permit fingerprints submitted 
     by an alien under section 262 of the Immigration and National 
     Act (8 U.S.C. 1302) or any other provision of law to satisfy 
     the requirement to submit fingerprints of subparagraph (A).
       (2) Database search.--The Secretary of Homeland Security 
     shall ensure that a search of each database that contains 
     fingerprints that is maintained by an agency or department of 
     the United States be conducted to determine whether such 
     alien is ineligible for an adjustment of status under any 
     provision of the Immigration and Nationality Act (8 U.S.C. 
     1101 et seq.) on criminal, security, or related grounds.
       (3) Cooperation and schedule.--The Secretary of Homeland 
     Security and the head of each appropriate agency or 
     department of the United States shall work cooperatively to 
     ensure that each database search required by paragraph (2) is 
     completed not later than 180 days after the date on which the 
     alien enters the United States.
       (4) Administrative and judicial review.--
       (A) Administrative review.--An alien who is admitted to the 
     United States under this title or an amendment made by this 
     title who is determined to be ineligible for an adjustment of 
     status pursuant to section 212 of the Immigration and 
     Nationality Act (8 U.S.C. 1182) may appeal such a 
     determination through the Administrative Appeals Office of 
     the Bureau of Citizenship and Immigration Services of the 
     Department of Homeland Security. The Secretary of Homeland 
     Security shall ensure that a determination on such appeal is 
     made not later than 60 days after the date that the appeal is 
     filed.
       (B) Judicial review.--Nothing in this title, or in an 
     amendment made by this title, may preclude application of 
     section 242(a)(2)(B) of the Immigration and Nationality Act 
     (8 U.S.C. 1252(a)(2)(B)).
                                 ______
                                 
  SA 366. Mr. CORZINE (for himself and Mr. Brownback) submitted an 
amendment intended to be proposed by him to the bill H.R. 1268, making 
emergency supplemental appropriations for the fiscal year ending 
September 30, 2005, to establish and rapidly implement regulations for 
State driver's license and identification document security standards, 
to prevent terrorists from abusing the asylum laws of the United 
States, to unify terrorism-related grounds for inadmissibility and 
removal, to ensure expeditious construction of the San Diego border 
fence, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 231, between lines 3 and 4, insert the following:

                  TITLE VII--ACCOUNTABILITY IN DARFUR

     SECTION 7001. SHORT TITLE.

       This title may be cited as the ``Darfur Accountability Act 
     of 2005''.

     SEC. 7002. DEFINITIONS.

       In this title:
       (1) Appropriate congressional committees.--The term 
     `appropriate congressional committees' means the Committee on 
     Foreign Relations and the Committee on Appropriations of the 
     Senate and the Committee on International Relations and the 
     Committee on Appropriations of the House of Representatives.
       (2) Government of sudan.--The term ``Government of Sudan'' 
     means the National Congress Party-led government in Khartoum, 
     Sudan, or any successor government formed on or after the 
     date of the enactment of this title.
       (3) Member states.--The term ``member states'' means the 
     member states of the United Nations.
       (4) Sudan north-south peace agreement.--The term ``Sudan 
     North-South Peace Agreement'' means the comprehensive peace 
     agreement signed by the Government of Sudan and the Sudan 
     People's Liberation Army/Movement on January 9, 2005.
       (5) Those named by the un commission of inquiry.--The term 
     ``those named by the UN Commission of Inquiry'' means those 
     individuals whose names appear in the sealed file delivered 
     to the Secretary-General of the United Nations by the 
     International Commission of Inquiry on Darfur to the United 
     Nations Security Council.
       (6) UN committee.--The term ``UN Committee'' means the 
     Committee of the Security Council established in United 
     Nations Security Council Resolution 1591 (29 March 2005); 
     paragraph 3.

     SEC. 7003. FINDINGS.

       Congress makes the following findings:
       (1) On July 22, 2004, the House of Representatives and the 
     Senate declared that the atrocities occurring in Darfur, 
     Sudan are genocide.
       (2) On September 9, 2004, Secretary of State Colin L. 
     Powell stated before the Committee on Foreign Relations of 
     the Senate, ``[w]hen we reviewed the evidence compiled by our 
     team, along with other information available to the State 
     Department, we concluded that genocide has been committed in 
     Darfur and that the Government of Sudan and the [Janjaweed] 
     bear responsibility--and genocide may still be occurring''.
       (3) President George W. Bush, in an address before the 
     United Nations General Assembly on September 21, 2004, 
     stated, ``[a]t this hour, the world is witnessing terrible 
     suffering and horrible crimes in the Darfur region of Sudan, 
     crimes my government has concluded are genocide''.
       (4) On July 30, 2004, the United Nations Security Council 
     passed Security Council Resolution 1556, calling upon the 
     Government of Sudan to disarm the Janjaweed militias and to 
     apprehend and bring to justice Janjaweed leaders and their 
     associates who have incited and carried out violations of 
     human rights and international humanitarian law and carried 
     out other atrocities in the Darfur region.
       (5) On September 18, 2004, the United Nations Security 
     Council passed Security Council Resolution 1564, determining 
     that the Government of Sudan had failed to meet its 
     obligations under Security Council Resolution 1556, calling 
     for a military flight ban in and over the Darfur region, 
     demanding the names of Janjaweed militiamen disarmed and 
     arrested for verification, establishing an International 
     Commission of Inquiry into violations of international 
     humanitarian and human rights laws, and threatening sanctions 
     should the Government of Sudan fail to fully comply with 
     Security Council Resolutions 1556 and 1564.
       (6) United Nations Security Council Resolution 1564 
     declares that if the Government of Sudan ``fails to comply 
     fully'' with Security Council Resolutions 1556 and 1564, the 
     Security Council shall consider taking ``additional 
     measures'' against the Government of Sudan ``as contemplated 
     in Article 41 of the Charter of the United Nations, such as 
     actions to affect Sudan's petroleum sector or individual 
     members of the Government of Sudan, in order to take 
     effective action to obtain such full compliance and 
     cooperation''.
       (7) United Nations Security Council Resolution 1564 also 
     ``welcomes and supports the intention of the African Union to 
     enhance and augment its monitoring mission in Darfur'' and 
     ``urges member states to support the African Union in these 
     efforts, including by providing all equipment, logistical, 
     financial, material, and other resources necessary to support 
     the rapid expansion of the African Union Mission''.
       (8) On February 1, 2005, the United Nations released the 
     Report of the International Commission of Inquiry on Darfur 
     to the United Nations Secretary-General, dated January 25, 
     2005, which stated that, ``[g]overnment forces and militias 
     conducted indiscriminate attacks, including killing of 
     civilians, torture, enforced disappearances, destruction of 
     villages, rape and other forms of sexual violence, pillaging 
     and forced displacement throughout Darfur'', that such ``acts 
     were conducted on a widespread and systematic basis, and 
     therefore may amount to crimes against humanity'', and that 
     the ``magnitude and large-scale nature of some crimes against 
     humanity as well as their consistency over a long period of 
     time, necessarily imply that these crimes result from a 
     central planning operation''.
       (9) The Report of the International Commission of Inquiry 
     on Darfur to the United Nations Secretary-General notes that, 
     pursuant to its mandate and in the course of its work, the UN 
     Commission collected information relating to individual 
     perpetrators of acts constituting ``violations of 
     international human rights law and international humanitarian 
     law, including crimes against humanity and war crimes'' and 
     that the UN Commission has delivered to the Secretary-General 
     of the United Nations a sealed file of those named by the UN 
     Commission with the

[[Page 6326]]

     recommendation that the ``file be handed over to a competent 
     Prosecutor''.
       (10) On March 24, 2005, the United Nations Security Council 
     passed Security Council Resolution 1590, establishing the 
     United Nations Mission in Sudan (UNMIS) consisting of 10,000 
     military personnel and 715 civilian police personnel. The 
     mandate of UNMIS includes to ``closely and continuously 
     liaise and coordinate at all levels with the African Union 
     Mission in Sudan (AMIS) with a view towards expeditiously 
     reinforcing the effort to foster peace in Darfur, especially 
     with regard to the Abuja peace process and the African Union 
     Mission in Sudan''. Security Council Resolution 1590 also 
     urged the Secretary-General and United Nations High 
     Commissioner for Human Rights to increase the number and 
     deployment rate of human rights monitors to Darfur.
       (11) On March 29, 2005, the United Security Council passed 
     Security Council Resolution 1591, establishing a Committee of 
     the Security Council and a Panel of Experts to identify 
     individuals who have impeded the peace process, constitute a 
     threat to stability in Darfur and the region, commit 
     violations of international humanitarian or human rights law 
     or other atrocities, or who are responsible for offensive 
     overflights, and calling on member states to prevent those 
     individuals identified from entry into or transit of their 
     territories and to freeze those individuals non-exempted 
     assets.
       (12) On March 31, 2005, the United Nations Security Council 
     passed Security Council Resolution 1593, referring the 
     situation in Darfur since July 1, 2002, to the Prosecutor of 
     the International Criminal Court (ICC) with the proviso that 
     personnel from a state outside Sudan not a party to the Rome 
     Statute of the ICC shall not be subject to the ICC in this 
     instance.

     SEC. 7004. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the atrocities unfolding in Darfur, Sudan, have been 
     and continue to be genocide;
       (2) the United States should immediately seek passage at 
     the United Nations Security Council of a resolution that--
       (A) extends the freezing of property and assets and denial 
     of visas and entry, pursuant to United Nations Security 
     Council Resolution 1591, to include--
       (i) those named by the UN Commission of Inquiry;
       (ii) family members of those named by the UN Commission of 
     Inquiry and those designated by the UN Committee; and
       (iii) any associates of those named by the UN Commission of 
     Inquiry and those designated by the UN Committee to whom 
     assets or property of those named by the UN Commission of 
     Inquiry or those designated by the UN Committee were 
     transferred on or after July 1, 2002;
       (B) urges member states to submit to the Security Council 
     the name of any individual that the government of any such 
     member state believes is or has been planning, carrying out, 
     responsible for, or otherwise involved in genocide, war 
     crimes, or crimes against humanity in Darfur, along with 
     evidence supporting such belief so that the Security Council 
     may consider imposing sanctions pursuant to United Nations 
     Security Council Resolution 1591;
       (C) imposes additional sanctions or additional measures 
     against the Government of Sudan, including sanctions that 
     will affect the petroleum sector in Sudan, individual members 
     of the Government of Sudan, and entities controlled or owned 
     by officials of the government of Sudan or the National 
     Congress Party in Sudan, that will remain in effect until 
     such time as--
       (i) humanitarian organizations are granted full, unimpeded 
     access to Darfur;
       (ii) the Government of Sudan cooperates with humanitarian 
     relief efforts, carries out activities to demobilize and 
     disarm Janjaweed militias and any other militias supported or 
     created by the Government of Sudan, and cooperates fully with 
     efforts to bring to justice the individuals responsible for 
     genocide, war crimes, or crimes against humanity in Darfur;
       (iii) the Government of Sudan cooperates fully with the 
     African Union, the United Nations, and all other observer, 
     monitoring, and protection missions mandated to operate in 
     Sudan;
       (iv) the Government of Sudan permits the safe and voluntary 
     return of displaced persons and refugees to their homes and 
     rebuilds the communities destroyed in the violence in Darfur; 
     and
       (v) the Sudan North-South Peace Agreement is fully 
     implemented and a new coalition government is created under 
     such Agreement;
       (D) establishes a military no-fly zone in Darfur;
       (E) supports the expansion of the African Union force in 
     Darfur so that such force achieves the size and strength 
     needed to prevent ongoing fighting and violence in Darfur;
       (F) urges member states to accelerate assistance to the 
     African Union force in Darfur;
       (G) calls on the Government of Sudan to cooperate with, and 
     allow unrestricted movement in Darfur by, the African Union 
     force in the region, UNMIS, international humanitarian 
     organizations, and United Nations monitors;
       (H) extends the embargo of military equipment established 
     by paragraphs 7 through 9 of Security Council Resolution 1556 
     and expanded by Security Council Resolution 1591 to include a 
     total prohibition of sale or supply to the Government of 
     Sudan;
       (I) supports African Union and other international efforts 
     to negotiate peace talks between the Government of Sudan and 
     rebels in Darfur, calls on the Government of Sudan and rebels 
     in Darfur to abide by their obligations under the N'Djamena 
     Ceasefire Agreement of April 8, 2004, and subsequent 
     agreements, and urges parties to engage in peace talks 
     without preconditions and seek to resolve the conflict; and
       (J) expands the mandate of UNMIS to include the protection 
     of civilians throughout Sudan, including Dafur;
       (3) the United States should work with other nations to 
     ensure effective efforts to freeze the property and assets of 
     and deny visas and entry to--
       (A) those named by the UN Commission of Inquiry and those 
     designated by the UN Committee;
       (B) any individuals the United States believes is or has 
     been planning, carrying out, responsible for, or otherwise 
     involved in genocide, war crimes, and crimes against humanity 
     in Darfur;
       (C) family members of any person described in subparagraphs 
     (A) or (B); and
       (D) any associates of any such person to whom assets or 
     property of such person were transferred on or after July 1, 
     2002;
       (4) the United States should not provide assistance to the 
     Government of Sudan, other than assistance necessary for the 
     implementation of the Sudan North-South Peace Agreement, the 
     support of the southern regional government in Sudan, or for 
     humanitarian purposes in Sudan, unless the President 
     certifies and reports to Congress that--
       (A) humanitarian organizations are being granted full, 
     unimpeded access to Darfur and the Government of Sudan is 
     providing full cooperation with humanitarian efforts;
       (B) concrete, sustained steps are being taken toward 
     demobilizing and disarming Janjaweed militias and any other 
     militias supported or created by the Government of Sudan;
       (C) the Government of Sudan is cooperating fully with 
     international efforts to bring to justice those responsible 
     for genocide, war crimes, or crimes against humanity in 
     Darfur;
       (D) the Government of Sudan cooperates fully with the 
     African Union, the United Nations, and all other observer, 
     monitoring, and protection missions mandated to operate in 
     Sudan;
       (E) the Government of Sudan permits the safe and voluntary 
     return of displaced persons and refugees to their homes and 
     rebuilds the communities destroyed in the violence in Darfur; 
     and
       (F) the Sudan North-South Peace Agreement is fully 
     implemented and a new coalition government is created under 
     such Agreement;
       (5) the President should work with international 
     organizations, including the North Atlantic Treaty 
     Organization (NATO), the United Nations, and the African 
     Union to establish mechanisms for the enforcement of a no-fly 
     zone in Darfur;
       (6) the African Union should extend its mandate in Darfur 
     to include the protection of civilians and proactive efforts 
     to prevent violence, and member states should support fully 
     this extension;
       (7) the President should accelerate assistance to the 
     African Union force in Darfur and discussions with the 
     African Union and the European Union and other supporters of 
     the African Union force on the needs of such force, including 
     assistance for housing, transportation, communications, 
     equipment, technical assistance such as training and command 
     and control assistance, and intelligence;
       (8) the President should appoint a Presidential Envoy for 
     Sudan--
       (A) to support the implementation of the Sudan North-South 
     Peace Agreement;
       (B) to seek ways to bring stability and peace to Darfur;
       (C) to address instability elsewhere in Sudan; and
       (D) to seek a comprehensive peace throughout Sudan;
       (9) United States officials, including the President, the 
     Secretary of State, and the Secretary of Defense, should 
     raise the issue of Darfur in bilateral meetings with 
     officials from other members of the United Nations Security 
     Council and relevant countries, with the aim of passing a 
     United Nations Security Council resolution described in 
     paragraph (2) and mobilizing maximum support for political, 
     financial, and military efforts to stop the genocide in 
     Darfur;
       (10) the Secretary of State should immediately engage in a 
     concerted, sustained campaign with other members of the 
     United Nations Security Council and relevant countries with 
     the aim of achieving the goals described in paragraph (9);
       (11) the United States fully supports the Sudan North-South 
     Peace Agreement and urges the rapid implementation of its 
     terms;
       (12) the United States condemns attacks on humanitarian 
     workers and calls on all forces

[[Page 6327]]

     in Darfur, including forces of the Government of Sudan, all 
     militia, and forces of the Sudan Liberation Army/Movement and 
     the Justice and Equality Movement, to refrain from such 
     attacks; and
       (13) The United States should actively participate in the 
     UN Committee and the Panel of Experts established pursuant to 
     Security Council Resolution 1591, and work to support the 
     Secretary-General and the United Nations High Commissioner 
     for Human Rights in their efforts to increase the number and 
     deployment rate of human rights monitors to Darfur.

     SEC. 7005. IMPOSITION OF SANCTIONS.

       (a) Freezing Assets.--At such time as the United States has 
     access to the names of those named by the UN Commission of 
     Inquiry and those designated by the UN Committee, the 
     President shall, except as described under subsection (c), 
     take such action as may be necessary to immediately freeze 
     the funds and other assets belonging to anyone so named, 
     their family members, and any associates of those so named to 
     whom assets or property of those so named were transferred on 
     or after July 1, 2002, including requiring that any United 
     States financial institution holding such funds and assets 
     promptly report those funds and assets to the Office of 
     Foreign Assets Control.
       (b) Visa Ban.--Beginning at such times as the United States 
     has access to the names of those named by the UN Commission 
     of Inquiry and those designated by the UN Committee, the 
     President shall, except as described under subsection (c), 
     deny visas and entry to--
       (1) those named by the UN Commission of Inquiry and those 
     designated by the UN Committee;
       (2) the family members of those named by the UN Commission 
     of Inquiry and those designated by the UN Committee; and
       (3) anyone the President determines has been, is, or may be 
     planning, carrying out, responsible for, or otherwise 
     involved in crimes against humanity, war crimes, or genocide 
     in Darfur, Sudan.
       (c) Waiver Authority.--The President may elect not to take 
     an action otherwise required to be taken with respect to an 
     individual under subsection (a) or (b) after submitting to 
     Congress a report--
       (1) naming the individual with respect to whom the 
     President has made such election;
       (2) describing the reasons for such election; and
       (3) including the determination of the President as to 
     whether such individual has been, is, or may be planning, 
     carrying out, responsible for, or otherwise involved in 
     crimes against humanity, war crimes, or genocide in Darfur, 
     Sudan.
       (d) Asset Reporting Requirement.--Not later than 14 days 
     after a decision to freeze the property or assets of, or deny 
     a visa or entry to, any person under this section, the 
     President shall report the name of such person to the 
     appropriate congressional committees.
       (e) Notification of Waivers of Sanctions.--Not later than 
     30 days before waiving the provisions of any sanctions 
     currently in force with regard to Sudan, the President shall 
     submit to the appropriate congressional committees a report 
     describing the waiver and the reasons therefor.

     SEC. 7006. REPORTS TO CONGRESS.

       (a) Reports on Stabilization in Sudan.--
       (1) Initial report.--Not later than 30 days after the date 
     of enactment of this title, the Secretary of State, in 
     conjunction with the Secretary of Defense, shall report to 
     the appropriate congressional committees on efforts to deploy 
     an African Union force in Darfur, the capacity of such force 
     to stabilize Darfur and protect civilians, the needs of such 
     force to succeed at such mission including housing, 
     transportation, communications, equipment, technical 
     assistance, including training and command and control, and 
     intelligence, current status of United States and other 
     assistance to the African Union force, and additional United 
     States assistance needed.
       (2) Subsequent reports.--
       (A) Updates required.--The Secretary of State, in 
     conjunction with the Secretary of Defense, shall submit an 
     update of the report submitted under paragraph (1) until such 
     time as the President certifies that the situation in Darfur 
     is stable and that civilians are no longer in danger and that 
     the African Union is no longer needed to prevent a resumption 
     of violence and attacks against civilians.
       (B) Duration of reporting requirement.--The Secretary of 
     State shall submit any updated reports required under 
     subparagraph (A)--
       (i) every 60 days during the 2-year period following the 
     date of the enactment of this Act; and
       (ii) after such 2-year period, as part of the report 
     required under section 8(b) of the Sudan Peace Act (50 U.S.C. 
     1701 note), as amended by section 5(b) of the Comprehensive 
     Peace in Sudan Act of 2004 (Public Law 108-497; 118 Stat. 
     4018).
       (b) Report on Those Named by the UN Commission of 
     Inquiry.--At such time as the United States has access to the 
     names of those named by the UN Commission of Inquiry, the 
     President shall submit to the appropriate congressional 
     committees a report listing such names.
                                 ______
                                 
  SA 367. Mr. BYRD proposed an amendment to the bill H.R. 1268, making 
emergency supplemental appropriations for the fiscal year ending 
September 30, 2005, to establish and rapidly implement regulations for 
State driver's license and identification document security standards, 
to prevent terrorists from abusing the asylum laws of the United 
States, to unify terrorism-related grounds for inadmissibility and 
removal, to ensure expeditious construction of the San Diego border 
fence, and for other purposes; as follows:

       On page 169, line 13, strike ``$897,191,000'' and insert 
     ``$861,191,000''.
                                 ______
                                 
  SA 368. Mr. CORZINE (for himself, Mr. DeWine, Mr. Brownback, Mr. 
Durbin, and Mr. Leahy) submitted an amendment intended to be proposed 
by him to the bill H.R. 1268, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2005, to 
establish and rapidly implement regulations for State driver's license 
and identification document security standards, to prevent terrorists 
from abusing the asylum laws of the United States, to unify terrorism-
related grounds for inadmissibility and removal, to ensure expeditious 
construction of the San Diego border fence, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 183, after line 23, add the following:


                   requirement for transfer of funds

       Sec. 2105. Not later than 15 days after the date of the 
     enactment of this Act, the authority contained under the 
     heading ``International Disaster and Famine Assistance'' in 
     chapter 2 of title II of Emergency Supplemental 
     Appropriations Act for Defense and for the Reconstruction of 
     Iraq and Afghanistan, 2004 (Public Law 108-106; 117 Stat. 
     1227) to transfer funds made available under such chapter, 
     shall be fully exercised and the funds transferred as 
     follows:
       (1) $53,000,000 shall be transferred to and consolidated 
     with funds appropriated under the heading ``peacekeeping 
     operations'' in title III of the Foreign Operations, Export 
     Financing, and Related Programs Appropriations Act, 2005 (as 
     enacted in division D of Public Law 108-447; 118 Stat. 2988) 
     and used for the support of the efforts of the African Union 
     to halt genocide and other atrocities in Darfur, Sudan; and
       (2) $40,500,000 shall be transferred to and consolidated 
     with funds appropriated under the heading ``international 
     disaster and famine assistance'' in such Act and used for 
     assistance for Darfur, Sudan.
                                 ______
                                 
  SA 369. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill H.R. 1268, Making emergency supplemental 
appropriations for the fiscal year ending September 30, 2005, to 
establish and rapidly implement regulations for State driver's license 
and identification document security standards, to prevent terrorists 
from abusing the asylum laws of the United States, to unify terrorism-
related grounds for inadmissibility and removal, to ensure expeditious 
construction of the San Diego border fence, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 169, between lines 8 and 9, insert the following:


  SETTLEMENT OF CLAIM FOR DAMAGES AT LAS CRUCES INTERNATIONAL AIRPORT

       Sec. 1122. (a) Of the funds appropriated or otherwise made 
     available by this Act, $2,100,000 shall be made available to 
     the Secretary of the Air Force to settle the claim filed by 
     the City of Las Cruces, New Mexico, for damages resulting 
     from the operation of Air Force aircraft on runway 04/22 at 
     Las Cruces International Airport on August 26, 2004.
       (b) The acceptance by the City of Las Cruces, New Mexico, 
     of the settlement amount made available under subsection (a) 
     shall be in full satisfaction of the claim for damages 
     described in such subsection.
                                 ______
                                 
  SA 370. Mr. SALAZAR submitted an amendment intended to be proposed by 
him to the bill H.R. 1268, Making emergency supplemental appropriations 
for the fiscal year ending September 30, 2005, to establish and rapidly 
implement regulations for State driver's license and identification 
document security standards, to prevent terrorists from abusing the 
asylum laws of the United States, to unify terrorism-related grounds 
for inadmissibility and removal, to ensure expeditious construction of 
the San Diego border

[[Page 6328]]

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

       On page 175, beginning on line 24, strike 
     ``$1,631,300,000'' and all that follows through ``Provided,'' 
     on line 25, and insert ``$1,636,300,000, to remain available 
     until September 30, 2006: Provided, That of the funds 
     appropriated under this heading, not less than $5,000,000 
     shall be made available for programs and activities to 
     promote democracy, including political party development, in 
     Lebanon and such amount shall be managed by the Bureau of 
     Democracy, Human Rights, and Labor of the Department of 
     State: Provided further,''.
       On page 179, line 24, strike ``$40,000,000'' and insert 
     ``$35,000,000''.
                                 ______
                                 
  SA 371. Mr. NELSON of Nebraska submitted an amendment intended to be 
proposed by her to the bill H.R. 1268, Making emergency supplemental 
appropriations for the fiscal year ending September 30, 2005, to 
establish and rapidly implement regulations for State driver's license 
and identification document security standards, to prevent terrorists 
from abusing the asylum laws of the United States, to unify terrorism-
related grounds for inadmissibility and removal, to ensure expeditious 
construction of the San Diego border fence, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 169, between lines 8 and 9, insert the following:
       Sec. 1122. Congress appropriated $1,000,000 in Operations & 
     Maintenance, Navy within both the Fiscal Year 2004 and 2005 
     Defense Appropriations bills for the Navy to conduct a 
     recruitment and retention screening test program called the 
     ``Vital Learning Recruitment/Retention Screening Test 
     Program''. The Navy is strongly encouraged to ensure that it 
     utilizes a ``best value'' acquisition strategy which 
     emphasizes the past performance technical capabilities of the 
     company it selects to execute this program for which the 
     $2,000,000 was appropriated.
                                 ______
                                 
  SA 372. Mr. CORNYN (for himself and Mrs. Feinstein) proposed an 
amendment to the bill H.R. 1268, Making emergency supplemental 
appropriations for the fiscal year ending September 30, 2005, to 
establish and rapidly implement regulations for State driver's license 
and identification document security standards, to prevent terrorists 
from abusing the asylum laws of the United States, to unify terrorism-
related grounds for inadmissibility and removal, to ensure expeditious 
construction of the San Diego border fence, and for other purposes; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. SENSE OF THE SENATE.

       It is the sense of the Senate that--
       (1) our immigration system is badly broken, fails to serve 
     the interests of our national security and our national 
     economy, and undermines respect for the rule of law;
       (2) in a post-9/11 world, national security demands a 
     comprehensive solution to our immigration system;
       (3) Congress must engage in a careful and deliberative 
     discussion about the need to bolster enforcement of, and 
     comprehensively reform, our immigration laws;
       (4) Congress should not short-circuit that discussion by 
     attaching amendments to this supplemental outside of the 
     regular order; and
       (5) Congress should not delay the enactment of critical 
     appropriations necessary to ensure the well-being of the men 
     and women of the United States Armed Forces fighting in Iraq 
     and elsewhere around the world, by attempting to conduct a 
     debate about immigration reform while the supplemental 
     appropriations bill is pending on the floor of the United 
     States Senate.
                                 ______
                                 
  SA 373. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
by her to the bill H.R. 1268, Making emergency supplemental 
appropriations for the fiscal year ending September 30, 2005, to 
establish and rapidly implement regulations for State driver's license 
and identification document security standards, to prevent terrorists 
from abusing the asylum laws of the United States, to unify terrorism-
related grounds for inadmissibility and removal, to ensure expeditious 
construction of the San Diego border fence, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.

       (a) Authorization of Appropriations.--Section 241(i)(5) of 
     the Immigration and Nationality Act (8 U.S.C. 1231(i)(5)) is 
     amended by striking ``appropriated'' and all that follows 
     through the period and inserting the following: 
     ``appropriated to carry out this subsection--
         ``(A) such sums as may be necessary for fiscal year 2005;
         ``(B) $750,000,000 for fiscal year 2006;
         ``(C) $850,000,000 for fiscal year 2007; and
         ``(D) $950,000,000 for each of the fiscal years 2008 
     through 2011.''.
       (b) Limitation on Use of Funds.--Section 241(i)(6) of the 
     Immigration and Nationality Act (8 U.S.C. 1231(i)(6)) is 
     amended to read as follows:
       ``(6) Amounts appropriated pursuant to the authorization of 
     appropriations in paragraph (5) that are distributed to a 
     State or political subdivision of a State, including a 
     municipality, may be used only for correctional purposes.''.
                                 ______
                                 
  SA 374. Mr. KOHL (for himself, Mr. DeWine, Mr. Harkin, Mr. Durbin, 
Mr. Leahy, Ms. Mikulski, Mr. Inouye, Ms. Landrieu, Mrs. Murray, Mr. 
Dorgan, Mr. Coleman, Mr. Obama, and Mr. Corzine) submitted an amendment 
intended to be proposed by him to the bill H.R. 1268, Making emergency 
supplemental appropriations for the fiscal year ending September 30, 
2005, to establish and rapidly implement regulations for State driver's 
license and identification document security standards, to prevent 
terrorists from abusing the asylum laws of the United States, to unify 
terrorism-related grounds for inadmissibility and removal, to ensure 
expeditious construction of the San Diego border fence, and for other 
purposes; which was ordered to lie on the table; as follows:

       In the bill, on page 171, line 2 strike ``$150,000,000 
     through line 6 and insert in lieu thereof the following:
       ``$47,000,000 to remain available until expended: Provided, 
     That from this amount, to the maximum extent possible, 
     funding shall be restored to the previously approved fiscal 
     year 2005 programs under section 204(a)(2) of the 
     Agricultural Trade Development and Assistance Act of 1954: 
     Provided further, That of the funds provided under this 
     heading, $12,000,000 shall be available to carry out programs 
     under the Food for Progress Act of 1985: Provided further, 
     That the amount provided under this heading is designated as 
     an emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).''
                                 ______
                                 
  SA 375. Mr. CRAIG (for himself and Mr. Kennedy) submitted an 
amendment intended to be proposed by him to the bill H.R. 1268, Making 
emergency supplemental appropriations for the fiscal year ending 
September 30, 2005, to establish and rapidly implement regulations for 
State driver's license and identification document security standards, 
to prevent terrorists from abusing the asylum laws of the United 
States, to unify terrorism-related grounds for inadmissibility and 
removal, to ensure expeditious construction of the San Diego border 
fence, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 231, between lines 3 and 4, insert the following:

 TITLE VII--AGRICULTURAL JOB OPPORTUNITIES, BENEFITS, AND SECURITY ACT 
                                OF 2005

     SEC. 701. SHORT TITLE.

       This title may be cited as the ``Agricultural Job 
     Opportunities, Benefits, and Security Act of 2005'' or the 
     ``AgJOBS Act of 2005''.

     SEC. 702. DEFINITIONS.

       In this title:
       (1) Agricultural employment.--The term ``agricultural 
     employment'' means any service or activity that is considered 
     to be agricultural under section 3(f) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural 
     labor under section 3121(g) of the Internal Revenue Code of 
     1986 (26 U.S.C. 3121(g)). For purposes of this paragraph, 
     agricultural employment includes employment under section 
     101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(15)(H)(ii)(a)).
       (2) Employer.--The term ``employer'' means any person or 
     entity, including any farm labor contractor and any 
     agricultural association, that employs workers in 
     agricultural employment.
       (3) Job opportunity.--The term ``job opportunity'' means a 
     job opening for temporary full-time employment at a place in 
     the United States to which United States workers can be 
     referred.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (5) Temporary.--A worker is employed on a ``temporary'' 
     basis where the employment is intended not to exceed 10 
     months.

[[Page 6329]]

       (6) United states worker.--The term ``United States 
     worker'' means any worker, whether a United States citizen or 
     national, a lawfully admitted permanent resident alien, or 
     any other alien, who is authorized to work in the job 
     opportunity within the United States, except an alien 
     admitted or otherwise provided status under section 
     101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(15)(H)(ii)(a)).
       (7) Work day.--The term ``work day'' means any day in which 
     the individual is employed 1 or more hours in agriculture 
     consistent with the definition of ``man-day'' under section 
     3(u) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
     203(u)).

                Subtitle A--Adjustment to Lawful Status

     SEC. 711. AGRICULTURAL WORKERS.

       (a) Temporary Resident Status.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Secretary shall confer upon an alien who qualifies 
     under this subsection the status of an alien lawfully 
     admitted for temporary residence if the Secretary determines 
     that the alien--
       (A) has performed agricultural employment in the United 
     States for at least 575 hours or 100 work days, whichever is 
     less, during any 12 consecutive months during the 18-month 
     period ending on December 31, 2004;
       (B) applied for such status during the 18-month application 
     period beginning on the first day of the seventh month that 
     begins after the date of enactment of this Act; and
       (C) is otherwise admissible to the United States under 
     section 212 of the Immigration and Nationality Act (8 U.S.C. 
     1182), except as otherwise provided under subsection (e)(2).
       (2) Authorized travel.--During the period an alien is in 
     lawful temporary resident status granted under this 
     subsection, the alien has the right to travel abroad 
     (including commutation from a residence abroad) in the same 
     manner as an alien lawfully admitted for permanent residence.
       (3) Authorized employment.--During the period an alien is 
     in lawful temporary resident status granted under this 
     subsection, the alien shall be provided an ``employment 
     authorized'' endorsement or other appropriate work permit, in 
     the same manner as an alien lawfully admitted for permanent 
     residence.
       (4) Termination of temporary resident status.--
       (A) In general.--During the period of temporary resident 
     status granted an alien under this subsection, the Secretary 
     may terminate such status only upon a determination under 
     this Act that the alien is deportable.
       (B) Grounds for termination of temporary resident status.--
     Before any alien becomes eligible for adjustment of status 
     under subsection (c), the Secretary may deny adjustment to 
     permanent resident status and provide for termination of the 
     temporary resident status granted such alien under paragraph 
     (1) if--
       (i) the Secretary finds, by a preponderance of the 
     evidence, that the adjustment to temporary resident status 
     was the result of fraud or willful misrepresentation (as 
     described in section 212(a)(6)(C)(i) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)); or
       (ii) the alien--

       (I) commits an act that makes the alien inadmissible to the 
     United States as an immigrant, except as provided under 
     subsection (e)(2);
       (II) is convicted of a felony or 3 or more misdemeanors 
     committed in the United States; or
       (III) is convicted of a single misdemeanor for which the 
     actual sentence served is 6 months or longer.

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

[[Page 6330]]

       (i) Qualifying employment.--The alien has performed at 
     least 360 work days or 2,060 hours, but in no case less than 
     2,060 hours, of agricultural employment in the United States, 
     during the 6-year period beginning after the date of 
     enactment of this Act.
       (ii) Qualifying years.--The alien has performed at least 75 
     work days or 430 hours, but in no case less than 430 hours, 
     of agricultural employment in the United States in at least 3 
     nonoverlapping periods of 12 consecutive months during the 6-
     year period beginning after the date of enactment of this 
     Act. Qualifying periods under this clause may include 
     nonconsecutive 12-month periods.
       (iii) Qualifying work in first 3 years.--The alien has 
     performed at least 240 work days or 1,380 hours, but in no 
     case less than 1,380 hours, of agricultural employment during 
     the 3-year period beginning after the date of enactment of 
     this Act.
       (iv) Application period.--The alien applies for adjustment 
     of status not later than 7 years after the date of enactment 
     of this Act.
       (v) Proof.--In meeting the requirements of clauses (i), 
     (ii), and (iii), an alien may submit the record of employment 
     described in subsection (a)(5) or such documentation as may 
     be submitted under subsection (d)(3).
       (vi) Disability.--In determining whether an alien has met 
     the requirements of clauses (i), (ii), and (iii), the 
     Secretary shall credit the alien with any work days lost 
     because the alien was unable to work in agricultural 
     employment due to injury or disease arising out of and in the 
     course of the alien's agricultural employment, if the alien 
     can establish such disabling injury or disease through 
     medical records.
       (B) Grounds for denial of adjustment of status.--The 
     Secretary may deny an alien adjustment to permanent resident 
     status, and provide for termination of the temporary resident 
     status granted such alien under subsection (a), if--
       (i) the Secretary finds by a preponderance of the evidence 
     that the adjustment to temporary resident status was the 
     result of fraud or willful misrepresentation, as described in 
     section 212(a)(6)(C)(i) of the Immigration and Nationality 
     Act (8 U.S.C. 1182(a)(6)(C)(i)); or
       (ii) the alien--

       (I) commits an act that makes the alien inadmissible to the 
     United States under section 212 of the Immigration and 
     Nationality Act (8 U.S.C. 1182), except as provided under 
     subsection (e)(2);
       (II) is convicted of a felony or 3 or more misdemeanors 
     committed in the United States; or
       (III) is convicted of a single misdemeanor for which the 
     actual sentence served is 6 months or longer.

       (C) Grounds for removal.--Any alien granted temporary 
     resident status under subsection (a) who does not apply for 
     adjustment of status under this subsection before the 
     expiration of the application period described in 
     subparagraph (A)(iv), or who fails to meet the other 
     requirements of subparagraph (A) by the end of the applicable 
     period, is deportable and may be removed under section 240 of 
     the Immigration and Nationality Act (8 U.S.C. 1229a). The 
     Secretary shall issue regulations establishing grounds to 
     waive subparagraph (A)(iii) with respect to an alien who has 
     completed at least 200 days of the work requirement specified 
     in such subparagraph in the event of a natural disaster which 
     substantially limits the availability of agricultural 
     employment or a personal emergency that prevents compliance 
     with such subparagraph.
       (2) Spouses and minor children.--
       (A) In general.--Notwithstanding any other provision of 
     law, the Secretary shall confer the status of lawful 
     permanent resident on the spouse and minor child of an alien 
     granted status under paragraph (1), including any individual 
     who was a minor child on the date such alien was granted 
     temporary resident status, if the spouse or minor child 
     applies for such status, or if the principal alien includes 
     the spouse or minor child in an application for adjustment of 
     status to that of a lawful permanent resident.
       (B) Treatment of spouses and minor children before 
     adjustment of status.--A spouse and minor child of an alien 
     granted temporary resident status under subsection (a) may 
     not be--
       (i) removed while such alien maintains such status, except 
     as provided in subparagraph (C); and
       (ii) granted authorization to engage in employment in the 
     United States or be provided an ``employment authorized'' 
     endorsement or other work permit, unless such employment 
     authorization is granted under another provision of law.
       (C) Grounds for denial of adjustment of status and 
     removal.--The Secretary may deny an alien spouse or child 
     adjustment of status under subparagraph (A) and may remove 
     such spouse or child under section 240 of the Immigration and 
     Nationality Act (8 U.S.C. 1229a) if the spouse or child--
       (i) commits an act that makes the alien spouse or child 
     inadmissible to the United States under section 212 of such 
     Act (8 U.S.C. 1182), except as provided under subsection 
     (e)(2);
       (ii) is convicted of a felony or 3 or more misdemeanors 
     committed in the United States; or
       (iii) is convicted of a single misdemeanor for which the 
     actual sentence served is 6 months or longer.
       (d) Applications.--
       (1) To whom may be made.--
       (A) Within the united states.--The Secretary shall provide 
     that--
       (i) applications for temporary resident status under 
     subsection (a) may be filed--

       (I) with the Secretary, but only if the applicant is 
     represented by an attorney; or
       (II) with a qualified designated entity (designated under 
     paragraph (2)), but only if the applicant consents to the 
     forwarding of the application to the Secretary; and

       (ii) applications for adjustment of status under subsection 
     (c) shall be filed directly with the Secretary.
       (B) Outside the united states.--The Secretary, in 
     cooperation with the Secretary of State, shall establish a 
     procedure whereby an alien may apply for temporary resident 
     status under subsection (a) at an appropriate consular office 
     outside the United States.
       (C) Preliminary applications.--
       (i) In general.--During the application period described in 
     subsection (a)(1)(B), the Secretary may grant admission to 
     the United States as a temporary resident and provide an 
     ``employment authorized'' endorsement or other appropriate 
     work permit to any alien who presents a preliminary 
     application for such status under subsection (a) at a 
     designated port of entry on the southern land border of the 
     United States. An alien who does not enter through a port of 
     entry is subject to deportation and removal as otherwise 
     provided in this Act.
       (ii) Definition.--For purposes of clause (i), the term 
     ``preliminary application'' means a fully completed and 
     signed application which contains specific information 
     concerning the performance of qualifying employment in the 
     United States, together with the payment of the appropriate 
     fee and the submission of photographs and the documentary 
     evidence which the applicant intends to submit as proof of 
     such employment.
       (iii) Eligibility.--An applicant under clause (i) shall 
     otherwise be admissible to the United States under subsection 
     (e)(2) and shall establish to the satisfaction of the 
     examining officer during an interview that the applicant's 
     claim to eligibility for temporary resident status is 
     credible.
       (D) Travel documentation.--The Secretary shall provide each 
     alien granted status under this section with a counterfeit-
     resistant document of authorization to enter or reenter the 
     United States that meets the requirements established by the 
     Secretary.
       (2) Designation of entities to receive applications.--
       (A) In general.--For purposes of receiving applications 
     under subsection (a), the Secretary--
       (i) shall designate qualified farm labor organizations and 
     associations of employers; and
       (ii) may designate such other persons as the Secretary 
     determines are qualified and have substantial experience, 
     demonstrate competence, and have traditional long-term 
     involvement in the preparation and submission of applications 
     for adjustment of status under section 209, 210, or 245 of 
     the Immigration and Nationality Act, Public Law 89-732, 
     Public Law 95-145, or the Immigration Reform and Control Act 
     of 1986.
       (B) References.--Organizations, associations, and persons 
     designated under subparagraph (A) are referred to in this Act 
     as ``qualified designated entities''.
       (3) Proof of eligibility.--
       (A) In general.--An alien may establish that the alien 
     meets the requirement of subsection (a)(1)(A) or (c)(1)(A) 
     through government employment records or records supplied by 
     employers or collective bargaining organizations, and other 
     reliable documentation as the alien may provide. The 
     Secretary shall establish special procedures to properly 
     credit work in cases in which an alien was employed under an 
     assumed name.
       (B) Documentation of work history.--
       (i) Burden of proof.--An alien applying for status under 
     subsection (a)(1) or (c)(1) has the burden of proving by a 
     preponderance of the evidence that the alien has worked the 
     requisite number of hours or days (as required under 
     subsection (a)(1)(A) or (c)(1)(A)).
       (ii) Timely production of records.--If an employer or farm 
     labor contractor employing such an alien has kept proper and 
     adequate records respecting such employment, the alien's 
     burden of proof under clause (i) may be met by securing 
     timely production of those records under regulations to be 
     promulgated by the Secretary.
       (iii) Sufficient evidence.--An alien can meet the burden of 
     proof under clause (i) to establish that the alien has 
     performed the work described in subsection (a)(1)(A) or 
     (c)(1)(A) by producing sufficient evidence to show the extent 
     of that employment as a matter of just and reasonable 
     inference.
       (4) Treatment of applications by qualified designated 
     entities.--Each qualified designated entity shall agree to 
     forward to the Secretary applications filed with it in 
     accordance with paragraph (1)(A)(i)(II) but shall not forward 
     to the Secretary applications filed with it unless the 
     applicant has consented to such forwarding. No such entity 
     may make a determination required by this

[[Page 6331]]

     section to be made by the Secretary. Upon the request of the 
     alien, a qualified designated entity shall assist the alien 
     in obtaining documentation of the work history of the alien.
       (5) Limitation on access to information.--Files and records 
     prepared for purposes of this subsection by qualified 
     designated entities operating under this subsection are 
     confidential and the Secretary shall not have access to such 
     files or records relating to an alien without the consent of 
     the alien, except as allowed by a court order issued pursuant 
     to paragraph (6).
       (6) Confidentiality of information.--
       (A) In general.--Except as otherwise provided in this 
     subsection, neither the Secretary, nor any other official or 
     employee of the Department of Homeland Security, or bureau or 
     agency thereof, may--
       (i) use the information furnished by the applicant pursuant 
     to an application filed under this section, the information 
     provided to the applicant by a person designated under 
     paragraph (2)(A), or any information provided by an employer 
     or former employer, for any purpose other than to make a 
     determination on the application, or for enforcement of 
     paragraph (7);
       (ii) make any publication whereby the information furnished 
     by any particular individual can be identified; or
       (iii) permit anyone other than the sworn officers and 
     employees of the Department of Homeland Security, or bureau 
     or agency thereof, or, with respect to applications filed 
     with a qualified designated entity, that qualified designated 
     entity, to examine individual applications.
       (B) Required disclosures.--The Secretary shall provide the 
     information furnished under this section, or any other 
     information derived from such furnished information, to--
       (i) a duly recognized law enforcement entity in connection 
     with a criminal investigation or prosecution, if such 
     information is requested in writing by such entity; or
       (ii) an official coroner, for purposes of affirmatively 
     identifying a deceased individual, whether or not the death 
     of such individual resulted from a crime.
       (C) Construction.--
       (i) In general.--Nothing in this paragraph shall be 
     construed to limit the use, or release, for immigration 
     enforcement purposes or law enforcement purposes of 
     information contained in files or records of the Department 
     of Homeland Security pertaining to an application filed under 
     this section, other than information furnished by an 
     applicant pursuant to the application, or any other 
     information derived from the application, that is not 
     available from any other source.
       (ii) Criminal convictions.--Information concerning whether 
     the applicant has at any time been convicted of a crime may 
     be used or released for immigration enforcement or law 
     enforcement purposes.
       (D) Crime.--Any person who knowingly uses, publishes, or 
     permits information to be examined in violation of this 
     paragraph shall be subject to a fine in an amount not to 
     exceed $10,000.
       (7) Penalties for false statements in applications.--
       (A) Criminal penalty.--Any person who--
       (i) files an application for status under subsection (a) or 
     (c) and knowingly and willfully falsifies, conceals, or 
     covers up a material fact or makes any false, fictitious, or 
     fraudulent statements or representations, or makes or uses 
     any false writing or document knowing the same to contain any 
     false, fictitious, or fraudulent statement or entry; or
       (ii) creates or supplies a false writing or document for 
     use in making such an application,

     shall be fined in accordance with title 18, United States 
     Code, imprisoned not more than 5 years, or both.
       (B) Inadmissibility.--An alien who is convicted of a crime 
     under subparagraph (A) shall be considered to be inadmissible 
     to the United States on the ground described in section 
     212(a)(6)(C)(i) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(6)(C)(i)).
       (8) Eligibility for legal services.--Section 504(a)(11) of 
     Public Law 104-134 (110 Stat. 1321-53 et seq.) shall not be 
     construed to prevent a recipient of funds under the Legal 
     Services Corporation Act (42 U.S.C. 2996 et seq.) from 
     providing legal assistance directly related to an application 
     for adjustment of status under this section.
       (9) Application fees.--
       (A) Fee schedule.--The Secretary shall provide for a 
     schedule of fees that--
       (i) shall be charged for the filing of applications for 
     status under subsections (a) and (c); and
       (ii) may be charged by qualified designated entities to 
     help defray the costs of services provided to such 
     applicants.
       (B) Prohibition on excess fees by qualified designated 
     entities.--A qualified designated entity may not charge any 
     fee in excess of, or in addition to, the fees authorized 
     under subparagraph (A)(ii) for services provided to 
     applicants.
       (C) Disposition of fees.--
       (i) In general.--There is established in the general fund 
     of the Treasury a separate account, which shall be known as 
     the ``Agricultural Worker Immigration Status Adjustment 
     Account''. Notwithstanding any other provision of law, there 
     shall be deposited as offsetting receipts into the account 
     all fees collected under subparagraph (A)(i).
       (ii) Use of fees for application processing.--Amounts 
     deposited in the ``Agricultural Worker Immigration Status 
     Adjustment Account'' shall remain available to the Secretary 
     until expended for processing applications for status under 
     subsections (a) and (c).
       (e) Waiver of Numerical Limitations and Certain Grounds for 
     Inadmissibility.--
       (1) Numerical limitations do not apply.--The numerical 
     limitations of sections 201 and 202 of the Immigration and 
     Nationality Act (8 U.S.C. 1151 and 1152) shall not apply to 
     the adjustment of aliens to lawful permanent resident status 
     under this section.
       (2) Waiver of certain grounds of inadmissibility.--In the 
     determination of an alien's eligibility for status under 
     subsection (a)(1)(C) or an alien's eligibility for adjustment 
     of status under subsection (c)(1)(B)(ii)(I), the following 
     rules shall apply:
       (A) Grounds of exclusion not applicable.--The provisions of 
     paragraphs (5), (6)(A), (7)(A), and (9)(B) of section 212(a) 
     of the Immigration and Nationality Act (8 U.S.C. 1182(a)) 
     shall not apply.
       (B) Waiver of other grounds.--
       (i) In general.--Except as provided in clause (ii), the 
     Secretary may waive any other provision of such section 
     212(a) in the case of individual aliens for humanitarian 
     purposes, to ensure family unity, or if otherwise in the 
     public interest.
       (ii) Grounds that may not be waived.--Paragraphs (2)(A), 
     (2)(B), (2)(C), (3), and (4) of such section 212(a) may not 
     be waived by the Secretary under clause (i).
       (iii) Construction.--Nothing in this subparagraph shall be 
     construed as affecting the authority of the Secretary other 
     than under this subparagraph to waive provisions of such 
     section 212(a).
       (C) Special rule for determination of public charge.--An 
     alien is not ineligible for status under this section by 
     reason of a ground of inadmissibility under section 212(a)(4) 
     of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) 
     if the alien demonstrates a history of employment in the 
     United States evidencing self-support without reliance on 
     public cash assistance.
       (f) Temporary Stay of Removal and Work Authorization for 
     Certain Applicants.--
       (1) Before application period.--Effective on the date of 
     enactment of this Act, the Secretary shall provide that, in 
     the case of an alien who is apprehended before the beginning 
     of the application period described in subsection (a)(1)(B) 
     and who can establish a nonfrivolous case of eligibility for 
     temporary resident status under subsection (a) (but for the 
     fact that the alien may not apply for such status until the 
     beginning of such period), until the alien has had the 
     opportunity during the first 30 days of the application 
     period to complete the filing of an application for temporary 
     resident status, the alien--
       (A) may not be removed; and
       (B) shall be granted authorization to engage in employment 
     in the United States and be provided an ``employment 
     authorized'' endorsement or other appropriate work permit for 
     such purpose.
       (2) During application period.--The Secretary shall provide 
     that, in the case of an alien who presents a nonfrivolous 
     application for temporary resident status under subsection 
     (a) during the application period described in subsection 
     (a)(1)(B), including an alien who files such an application 
     within 30 days of the alien's apprehension, and until a final 
     determination on the application has been made in accordance 
     with this section, the alien--
       (A) may not be removed; and
       (B) shall be granted authorization to engage in employment 
     in the United States and be provided an ``employment 
     authorized'' endorsement or other appropriate work permit for 
     such purpose.
       (g) Administrative and Judicial Review.--
       (1) In general.--There shall be no administrative or 
     judicial review of a determination respecting an application 
     for status under subsection (a) or (c) except in accordance 
     with this subsection.
       (2) Administrative review.--
       (A) Single level of administrative appellate review.--The 
     Secretary shall establish an appellate authority to provide 
     for a single level of administrative appellate review of such 
     a determination.
       (B) Standard for review.--Such administrative appellate 
     review shall be based solely upon the administrative record 
     established at the time of the determination on the 
     application and upon such additional or newly discovered 
     evidence as may not have been available at the time of the 
     determination.
       (3) Judicial review.--
       (A) Limitation to review of removal.--There shall be 
     judicial review of such a determination only in the judicial 
     review of an order of removal under section 242 of the 
     Immigration and Nationality Act (8 U.S.C. 1252).
       (B) Standard for judicial review.--Such judicial review 
     shall be based solely upon the administrative record 
     established at the time of the review by the appellate 
     authority

[[Page 6332]]

     and the findings of fact and determinations contained in such 
     record shall be conclusive unless the applicant can establish 
     abuse of discretion or that the findings are directly 
     contrary to clear and convincing facts contained in the 
     record considered as a whole.
       (h) Dissemination of Information on Adjustment Program.--
     Beginning not later than the first day of the application 
     period described in subsection (a)(1)(B), the Secretary, in 
     cooperation with qualified designated entities, shall broadly 
     disseminate information respecting the benefits that aliens 
     may receive under this section and the requirements to be 
     satisfied to obtain such benefits.
       (i) Regulations.--The Secretary shall issue regulations to 
     implement this section not later than the first day of the 
     seventh month that begins after the date of enactment of this 
     Act.
       (j) Effective Date.--This section shall take effect on the 
     date that regulations are issued implementing this section on 
     an interim or other basis.
       (k) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary to carry out this section 
     $40,000,000 for each of fiscal years 2006 through 2009.

     SEC. 712. CORRECTION OF SOCIAL SECURITY RECORDS.

       (a) In General.--Section 208(d)(1) of the Social Security 
     Act (42 U.S.C. 408(d)(1)) is amended--
       (1) in subparagraph (B)(ii), by striking ``or'' at the end;
       (2) in subparagraph (C), by inserting ``or'' at the end;
       (3) by inserting after subparagraph (C) the following:
       ``(D) who is granted status as a lawful temporary resident 
     under the Agricultural Job Opportunity, Benefits, and 
     Security Act of 2005,''; and
       (4) by striking ``1990.'' and inserting ``1990, or in the 
     case of an alien described in subparagraph (D), if such 
     conduct is alleged to have occurred before the date on which 
     the alien was granted lawful temporary resident status.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the first day of the seventh month that 
     begins after the date of enactment of this Act.

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

     SEC. 721. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT.

       (a) In General.--The Immigration and Nationality Act is 
     amended by striking section 218 (8 U.S.C. 1188) and inserting 
     the following:


                      ``H-2A EMPLOYER APPLICATIONS

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

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

[[Page 6333]]

     advertise the availability of the job opportunities for which 
     the employer is seeking workers in a publication in the local 
     labor market that is likely to be patronized by potential 
     farm workers.
       ``(IV) Emergency procedures.--The Secretary of Labor shall, 
     by regulation, provide a procedure for acceptance and 
     approval of applications in which the employer has not 
     complied with the provisions of this subparagraph because the 
     employer's need for H-2A workers could not reasonably have 
     been foreseen.

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

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

       ``(iv) Statutory construction.--Nothing in this 
     subparagraph shall be construed to prohibit an employer from 
     using such legitimate selection criteria relevant to the type 
     of job that are normal or customary to the type of job 
     involved so long as such criteria are not applied in a 
     discriminatory manner.
       ``(c) Applications by Associations on Behalf of Employer 
     Members.--
       ``(1) In general.--An agricultural association may file an 
     application under subsection (a) on behalf of 1 or more of 
     its employer members that the association certifies in its 
     application has or have agreed in writing to comply with the 
     requirements of this section and sections 218A through 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 work 
     site, a copy of each such application (and such accompanying 
     documents as are necessary).
       ``(2) Responsibility of the secretary of labor.--
       ``(A) Compilation of list.--The Secretary of Labor shall 
     compile, on a current basis, a list (by employer and by 
     occupational classification) of the applications filed under 
     this subsection. Such list shall include the wage rate, 
     number of workers sought, period of intended employment, and 
     date of need. The Secretary of Labor shall make such list 
     available for examination in the District of Columbia.
       ``(B) Review of applications.--The Secretary of Labor shall 
     review such an application only for completeness and obvious 
     inaccuracies. Unless the Secretary of Labor finds that the 
     application is incomplete or obviously inaccurate, the 
     Secretary of Labor shall certify that the intending employer 
     has filed with the Secretary of Labor an application as 
     described in subsection (a). Such certification shall be 
     provided within 7 days of the filing of the application.


                     ``H-2A EMPLOYMENT REQUIREMENTS

       ``Sec. 218A. (a) Preferential Treatment of Aliens 
     Prohibited.--Employers seeking to hire United States workers 
     shall offer the United States workers no less than the same 
     benefits, wages, and working conditions that the employer is 
     offering, intends to offer, or will provide to H-2A workers. 
     Conversely, no job offer may impose on United States workers 
     any restrictions or obligations which will not be imposed on 
     the employer's H-2A workers.
       ``(b) Minimum Benefits, Wages, and Working Conditions.--
     Except in cases where higher benefits, wages, or working 
     conditions are required by the provisions of subsection (a), 
     in order to protect similarly employed United States workers 
     from adverse effects with respect to benefits, wages, and 
     working conditions, every job offer which shall accompany an 
     application under section 218(b)(2) shall include each of the 
     following benefit, wage, and working condition provisions:
       ``(1) Requirement to provide housing or a housing 
     allowance.--
       ``(A) In general.--An employer applying under section 
     218(a) for H-2A workers shall offer to provide housing at no 
     cost to all workers in job opportunities for which the 
     employer has applied under that section and to all other 
     workers in the same occupation at the place of employment, 
     whose place of residence is beyond normal commuting distance.
       ``(B) Type of housing.--In complying with subparagraph (A), 
     an employer may, at the employer's election, provide housing 
     that meets applicable Federal standards for temporary labor 
     camps or secure housing that meets applicable local standards 
     for rental or public accommodation housing or other 
     substantially similar class of habitation, or in the absence 
     of applicable local standards, State standards for rental or 
     public accommodation housing or other substantially similar 
     class of habitation. In the absence of applicable local or 
     State standards, Federal temporary labor camp standards shall 
     apply.
       ``(C) Family housing.--When it is the prevailing practice 
     in the occupation and area of intended employment to provide 
     family housing, family housing shall be provided to workers 
     with families who request it.
       ``(D) Workers engaged in the range production of 
     livestock.--The Secretary of Labor shall issue regulations 
     that address the specific requirements for the provision of 
     housing to workers engaged in the range production of 
     livestock.
       ``(E) Limitation.--Nothing in this paragraph shall be 
     construed to require an employer to provide or secure housing 
     for persons who were not entitled to such housing under the 
     temporary labor certification regulations in effect on June 
     1, 1986.
       ``(F) Charges for housing.--
       ``(i) Charges for public housing.--If public housing 
     provided for migrant agricultural workers under the auspices 
     of a local, county, or State government is secured by an 
     employer, and use of the public housing unit normally 
     requires charges from migrant workers, such charges shall be 
     paid by the employer directly to the appropriate individual 
     or entity affiliated with the housing's management.
       ``(ii) Deposit charges.--Charges in the form of deposits 
     for bedding or other similar incidentals related to housing 
     shall not be levied upon workers by employers who provide 
     housing for their workers. An employer may require a worker 
     found to have been responsible for damage to such housing 
     which is not the result of normal wear and tear related to 
     habitation to reimburse the employer for the reasonable cost 
     of repair of such damage.
       ``(G) Housing allowance as alternative.--
       ``(i) In general.--If the requirement under clause (ii) is 
     satisfied, the employer may provide a reasonable housing 
     allowance instead of offering housing under subparagraph (A). 
     Upon the request of a worker seeking assistance in locating 
     housing, the employer shall make a good faith effort to 
     assist the worker in identifying and locating housing in the 
     area of intended employment. An employer who offers a housing 
     allowance to a worker,

[[Page 6334]]

     or assists a worker in locating housing which the worker 
     occupies, pursuant to this clause shall not be deemed a 
     housing provider under section 203 of the Migrant and 
     Seasonal Agricultural Worker Protection Act (29 U.S.C. 1823) 
     solely by virtue of providing such housing allowance. No 
     housing allowance may be used for housing which is owned or 
     controlled by the employer.
       ``(ii) Certification.--The requirement of this clause is 
     satisfied if the Governor of the State certifies to the 
     Secretary of Labor that there is adequate housing available 
     in the area of intended employment for migrant farm workers, 
     and H-2A workers, who are seeking temporary housing while 
     employed at farm work. Such certification shall expire after 
     3 years unless renewed by the Governor of the State.
       ``(iii) Amount of allowance.--

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

       ``(2) Reimbursement of transportation.--
       ``(A) To place of employment.--A worker who completes 50 
     percent of the period of employment of the job opportunity 
     for which the worker was hired shall be reimbursed by the 
     employer for the cost of the worker's transportation and 
     subsistence from the place from which the worker came to work 
     for the employer (or place of last employment, if the worker 
     traveled from such place) to the place of employment.
       ``(B) From place of employment.--A worker who completes the 
     period of employment for the job opportunity involved shall 
     be reimbursed by the employer for the cost of the worker's 
     transportation and subsistence from the place of employment 
     to the place from which the worker, disregarding intervening 
     employment, came to work for the employer, or to the place of 
     next employment, if the worker has contracted with a 
     subsequent employer who has not agreed to provide or pay for 
     the worker's transportation and subsistence to such 
     subsequent employer's place of employment.
       ``(C) Limitation.--
       ``(i) Amount of reimbursement.--Except as provided in 
     clause (ii), the amount of reimbursement provided under 
     subparagraph (A) or (B) to a worker or alien shall not exceed 
     the lesser of--

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

       ``(ii) Distance traveled.--No reimbursement under 
     subparagraph (A) or (B) shall be required if the distance 
     traveled is 100 miles or less, or the worker is not residing 
     in employer-provided housing or housing secured through an 
     allowance as provided in paragraph (1)(G).
       ``(D) Early termination.--If the worker is laid off or 
     employment is terminated for contract impossibility (as 
     described in paragraph (4)(D)) before the anticipated ending 
     date of employment, the employer shall provide the 
     transportation and subsistence required by subparagraph (B) 
     and, notwithstanding whether the worker has completed 50 
     percent of the period of employment, shall provide the 
     transportation reimbursement required by subparagraph (A).
       ``(E) Transportation between living quarters and work 
     site.--The employer shall provide transportation between the 
     worker's living quarters and the employer's work site without 
     cost to the worker, and such transportation will be in 
     accordance with applicable laws and regulations.
       ``(3) Required wages.--
       ``(A) In general.--An employer applying for workers under 
     section 218(a) shall offer to pay, and shall pay, all workers 
     in the occupation for which the employer has applied for 
     workers, not less (and is not required to pay more) than the 
     greater of the prevailing wage in the occupation in the area 
     of intended employment or the adverse effect wage rate. No 
     worker shall be paid less than the greater of the hourly wage 
     prescribed under section 6(a)(1) of the Fair Labor Standards 
     Act of 1938 (29 U.S.C. 206(a)(1)) or the applicable State 
     minimum wage.
       ``(B) Limitation.--Effective on the date of enactment of 
     the Agricultural Job Opportunity, Benefits, and Security Act 
     of 2005 and continuing for 3 years thereafter, no adverse 
     effect wage rate for a State may be more than the adverse 
     effect wage rate for that State in effect on January 1, 2003, 
     as established by section 655.107 of title 20, Code of 
     Federal Regulations.
       ``(C) Required wages after 3-year freeze.--
       ``(i) First adjustment.--If Congress does not set a new 
     wage standard applicable to this section before the first 
     March 1 that is not less than 3 years after the date of 
     enactment of this section, the adverse effect wage rate for 
     each State beginning on such March 1 shall be the wage rate 
     that would have resulted if the adverse effect wage rate in 
     effect on January 1, 2003, had been annually adjusted, 
     beginning on March 1, 2006, by the lesser of--

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

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

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

       ``(D) Deductions.--The employer shall make only those 
     deductions from the worker's wages that are authorized by law 
     or are reasonable and customary in the occupation and area of 
     employment. The job offer shall specify all deductions not 
     required by law which the employer will make from the 
     worker's wages.
       ``(E) Frequency of pay.--The employer shall pay the worker 
     not less frequently than twice monthly, or in accordance with 
     the prevailing practice in the area of employment, whichever 
     is more frequent.
       ``(F) Hours and earnings statements.--The employer shall 
     furnish to the worker, on or before each payday, in 1 or more 
     written statements--
       ``(i) the worker's total earnings for the pay period;
       ``(ii) the worker's hourly rate of pay, piece rate of pay, 
     or both;
       ``(iii) the hours of employment which have been offered to 
     the worker (broken out by hours offered in accordance with 
     and over and above the three-quarters guarantee described in 
     paragraph (4);
       ``(iv) the hours actually worked by the worker;
       ``(v) an itemization of the deductions made from the 
     worker's wages; and
       ``(vi) if piece rates of pay are used, the units produced 
     daily.
       ``(G) Report on wage protections.--Not later than June 1, 
     2007, the Comptroller General of the United States shall 
     prepare and transmit to the Secretary of Labor, the Committee 
     on the Judiciary of the Senate, and Committee on the 
     Judiciary of the House of Representatives, a report that 
     addresses--
       ``(i) whether the employment of H-2A or unauthorized aliens 
     in the United States agricultural work force has depressed 
     United States farm worker wages below the levels that would 
     otherwise have prevailed if alien farm workers had not been 
     employed in the United States;
       ``(ii) whether an adverse effect wage rate is necessary to 
     prevent wages of United States farm workers in occupations in 
     which H-2A workers are employed from falling below the wage 
     levels that would have prevailed in the absence of the 
     employment of H-2A workers in those occupations;
       ``(iii) whether alternative wage standards, such as a 
     prevailing wage standard, would be sufficient to prevent 
     wages in occupations in which H-2A workers are employed from 
     falling below the wage level that would have prevailed in the 
     absence of H-2A employment;
       ``(iv) whether any changes are warranted in the current 
     methodologies for calculating the adverse effect wage rate 
     and the prevailing wage; and
       ``(v) recommendations for future wage protection under this 
     section.
       ``(H) Commission on wage standards.--
       ``(i) Establishment.--There is established the Commission 
     on Agricultural Wage Standards under the H-2A program (in 
     this subparagraph referred to as the `Commission').
       ``(ii) Composition.--The Commission shall consist of 10 
     members as follows:

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

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

       ``(I) whether the employment of H-2A or unauthorized aliens 
     in the United States agricultural workforce has depressed 
     United States farm worker wages below the levels

[[Page 6335]]

     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 June 1, 2007, the 
     Commission shall submit a report to the Congress setting 
     forth the findings of the study conducted under clause (iii).
       ``(v) Termination date.--The Commission shall terminate 
     upon submitting its final report.
       ``(4) Guarantee of employment.--
       ``(A) Offer to worker.--The employer shall guarantee to 
     offer the worker employment for the hourly equivalent of at 
     least three-fourths of the work days of the total period of 
     employment, beginning with the first work day after the 
     arrival of the worker at the place of employment and ending 
     on the expiration date specified in the job offer. For 
     purposes of this subparagraph, the hourly equivalent means 
     the number of hours in the work days as stated in the job 
     offer and shall exclude the worker's Sabbath and Federal 
     holidays. If the employer affords the United States or H-2A 
     worker less employment than that required under this 
     paragraph, the employer shall pay such worker the amount 
     which the worker would have earned had the worker, in fact, 
     worked for the guaranteed number of hours.
       ``(B) Failure to work.--Any hours which the worker fails to 
     work, up to a maximum of the number of hours specified in the 
     job offer for a work day, when the worker has been offered an 
     opportunity to do so, and all hours of work actually 
     performed (including voluntary work in excess of the number 
     of hours specified in the job offer in a work day, on the 
     worker's Sabbath, or on Federal holidays) may be counted by 
     the employer in calculating whether the period of guaranteed 
     employment has been met.
       ``(C) Abandonment of employment, termination for cause.--If 
     the worker voluntarily abandons employment before the end of 
     the contract period, or is terminated for cause, the worker 
     is not entitled to the `three-fourths guarantee' described in 
     subparagraph (A).
       ``(D) Contract impossibility.--If, before the expiration of 
     the period of employment specified in the job offer, the 
     services of the worker are no longer required for reasons 
     beyond the control of the employer due to any form of natural 
     disaster, including but not limited to a flood, hurricane, 
     freeze, earthquake, fire, drought, plant or animal disease or 
     pest infestation, or regulatory drought, before the guarantee 
     in subparagraph (A) is fulfilled, the employer may terminate 
     the worker's employment. In the event of such termination, 
     the employer shall fulfill the employment guarantee in 
     subparagraph (A) for the work days that have elapsed from the 
     first work day after the arrival of the worker to the 
     termination of employment. In such cases, the employer will 
     make efforts to transfer the United States worker to other 
     comparable employment acceptable to the worker. If such 
     transfer is not effected, the employer shall provide the 
     return transportation required in paragraph (2)(D).
       ``(5) Motor vehicle safety.--
       ``(A) Mode of transportation subject to coverage.--
       ``(i) In general.--Except as provided in clauses (iii) and 
     (iv), this subsection applies to any H-2A employer that uses 
     or causes to be used any vehicle to transport an H-2A worker 
     within the United States.
       ``(ii) Defined term.--In this paragraph, the term `uses or 
     causes to be used'--

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

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

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

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

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

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


    ``PROCEDURE FOR ADMISSION AND EXTENSION OF STAY OF H-2A WORKERS

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

[[Page 6336]]

       ``(2) Disqualification.--An alien shall be considered 
     inadmissible to the United States and ineligible for 
     nonimmigrant status under section 101(a)(15)(H)(ii)(a) if the 
     alien has, at any time during the past 5 years--
       ``(A) violated a material provision of this section, 
     including the requirement to promptly depart the United 
     States when the alien's authorized period of admission under 
     this section has expired; or
       ``(B) otherwise violated a term or condition of admission 
     into the United States as a nonimmigrant, including 
     overstaying the period of authorized admission as such a 
     nonimmigrant.
       ``(3) Waiver of ineligibility for unlawful presence.--
       ``(A) In general.--An alien who has not previously been 
     admitted into the United States pursuant to this section, and 
     who is otherwise eligible for admission in accordance with 
     paragraphs (1) and (2), shall not be deemed inadmissible by 
     virtue of section 212(a)(9)(B). If an alien described in the 
     preceding sentence is present in the United States, the alien 
     may apply from abroad for H-2A status, but may not be granted 
     that status in the United States.
       ``(B) Maintenance of waiver.--An alien provided an initial 
     waiver of ineligibility pursuant to subparagraph (A) shall 
     remain eligible for such waiver unless the alien violates the 
     terms of this section or again becomes ineligible under 
     section 212(a)(9)(B) by virtue of unlawful presence in the 
     United States after the date of the initial waiver of 
     ineligibility pursuant to subparagraph (A).
       ``(d) Period of Admission.--
       ``(1) In general.--The alien shall be admitted for the 
     period of employment in the application certified by the 
     Secretary of Labor pursuant to section 218(e)(2)(B), not to 
     exceed 10 months, supplemented by a period of not more than 1 
     week before the beginning of the period of employment for the 
     purpose of travel to the work site and a period of 14 days 
     following the period of employment for the purpose of 
     departure or extension based on a subsequent offer of 
     employment, except that--
       ``(A) the alien is not authorized to be employed during 
     such 14-day period except in the employment for which the 
     alien was previously authorized; and
       ``(B) the total period of employment, including such 14-day 
     period, may not exceed 10 months.
       ``(2) Construction.--Nothing in this subsection shall limit 
     the authority of the Secretary to extend the stay of the 
     alien under any other provision of this Act.
       ``(e) Abandonment of Employment.--
       ``(1) In general.--An alien admitted or provided status 
     under section 101(a)(15)(H)(ii)(a) who abandons the 
     employment which was the basis for such admission or status 
     shall be considered to have failed to maintain nonimmigrant 
     status as an H-2A worker and shall depart the United States 
     or be subject to removal under section 237(a)(1)(C)(i).
       ``(2) Report by employer.--The employer, or association 
     acting as agent for the employer, shall notify the Secretary 
     not later than 7 days after an H-2A worker prematurely 
     abandons employment.
       ``(3) Removal by the secretary.--The Secretary shall 
     promptly remove from the United States any H-2A worker who 
     violates any term or condition of the worker's nonimmigrant 
     status.
       ``(4) Voluntary termination.--Notwithstanding paragraph 
     (1), an alien may voluntarily terminate his or her employment 
     if the alien promptly departs the United States upon 
     termination of such employment.
       ``(f) Replacement of Alien.--
       ``(1) In general.--Upon presentation of the notice to the 
     Secretary required by subsection (e)(2), the Secretary of 
     State shall promptly issue a visa to, and the Secretary shall 
     admit into the United States, an eligible alien designated by 
     the employer to replace an H-2A worker--
       ``(A) who abandons or prematurely terminates employment; or
       ``(B) whose employment is terminated after a United States 
     worker is employed pursuant to section 218(b)(2)(H)(iii), if 
     the United States worker voluntarily departs before the end 
     of the period of intended employment or if the employment 
     termination is for a lawful job-related reason.
       ``(2) Construction.--Nothing in this subsection is intended 
     to limit any preference required to be accorded United States 
     workers under any other provision of this Act.
       ``(g) Identification Document.--
       ``(1) In general.--Each alien authorized to be admitted 
     under section 101(a)(15)(H)(ii)(a) shall be provided an 
     identification and employment eligibility document to verify 
     eligibility for employment in the United States and verify 
     such person's proper identity.
       ``(2) Requirements.--No identification and employment 
     eligibility document may be issued which does not meet the 
     following requirements:
       ``(A) The document shall be capable of reliably determining 
     whether--
       ``(i) the individual with the identification and employment 
     eligibility document whose eligibility is being verified is 
     in fact eligible for employment;
       ``(ii) the individual whose eligibility is being verified 
     is claiming the identity of another person; and
       ``(iii) the individual whose eligibility is being verified 
     is authorized to be admitted into, and employed in, the 
     United States as an H-2A worker.
       ``(B) The document shall be in a form that is resistant to 
     counterfeiting and to tampering.
       ``(C) The document shall--
       ``(i) be compatible with other databases of the Secretary 
     for the purpose of excluding aliens from benefits for which 
     they are not eligible and determining whether the alien is 
     unlawfully present in the United States; and
       ``(ii) be compatible with law enforcement databases to 
     determine if the alien has been convicted of criminal 
     offenses.
       ``(h) Extension of Stay of H-2A Aliens in the United 
     States.--
       ``(1) Extension of stay.--If an employer seeks approval to 
     employ an H-2A alien who is lawfully present in the United 
     States, the petition filed by the employer or an association 
     pursuant to subsection (a), shall request an extension of the 
     alien's stay and a change in the alien's employment.
       ``(2) Limitation on filing a petition for extension of 
     stay.--A petition may not be filed for an extension of an 
     alien's stay--
       ``(A) for a period of more than 10 months; or
       ``(B) to a date that is more than 3 years after the date of 
     the alien's last admission to the United States under this 
     section.
       ``(3) Work authorization upon filing a petition for 
     extension of stay.--
       ``(A) In general.--An alien who is lawfully present in the 
     United States may commence the employment described in a 
     petition under paragraph (1) on the date on which the 
     petition is filed.
       ``(B) Definition.--For purposes of subparagraph (A), the 
     term `file' means sending the petition by certified mail via 
     the United States Postal Service, return receipt requested, 
     or delivered by guaranteed commercial delivery which will 
     provide the employer with a documented acknowledgment of the 
     date of receipt of the petition.
       ``(C) Handling of petition.--The employer shall provide a 
     copy of the employer's petition to the alien, who shall keep 
     the petition with the alien's identification and employment 
     eligibility document as evidence that the petition has been 
     filed and that the alien is authorized to work in the United 
     States.
       ``(D) Approval of petition.--Upon approval of a petition 
     for an extension of stay or change in the alien's authorized 
     employment, the Secretary shall provide a new or updated 
     employment eligibility document to the alien indicating the 
     new validity date, after which the alien is not required to 
     retain a copy of the petition.
       ``(4) Limitation on employment authorization of aliens 
     without valid identification and employment eligibility 
     document.--An expired identification and employment 
     eligibility document, together with a copy of a petition for 
     extension of stay or change in the alien's authorized 
     employment that complies with the requirements of paragraph 
     (1), shall constitute a valid work authorization document for 
     a period of not more than 60 days beginning on the date on 
     which such petition is filed, after which time only a 
     currently valid identification and employment eligibility 
     document shall be acceptable.
       ``(5) Limitation on an individual's stay in status.--
       ``(A) Maximum period.--The maximum continuous period of 
     authorized status as an H-2A worker (including any 
     extensions) is 3 years.
       ``(B) Requirement to remain outside the united states.--
       ``(i) In general.--Subject to clause (ii), in the case of 
     an alien outside the United States whose period of authorized 
     status as an H-2A worker (including any extensions) has 
     expired, the alien may not again apply for admission to the 
     United States as an H-2A worker unless the alien has remained 
     outside the United States for a continuous period equal to at 
     least \1/5\ the duration of the alien's previous period of 
     authorized status as an H-2A worker (including any 
     extensions).
       ``(ii) Exception.--Clause (i) shall not apply in the case 
     of an alien if the alien's period of authorized status as an 
     H-2A worker (including any extensions) was for a period of 
     not more than 10 months and such alien has been outside the 
     United States for at least 2 months during the 12 months 
     preceding the date the alien again is applying for admission 
     to the United States as an H-2A worker.
       ``(i) Special Rules for Aliens Employed as Sheepherders.--
     Notwithstanding any provision of the Agricultural Job 
     Opportunity, Benefits, and Security Act of 2005, aliens 
     admitted under section 101(a)(15)(H)(ii)(a) for employment as 
     sheepherders--
       ``(1) may be admitted for a period of 12 months;
       ``(2) may be extended for a continuous 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.


          ``WORKER PROTECTIONS AND LABOR STANDARDS ENFORCEMENT

       ``Sec. 218C. (a) Enforcement Authority.--
       ``(1) Investigation of complaints.--

[[Page 6337]]

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

[[Page 6338]]

       ``(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 H-2A employer 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.


                             ``DEFINITIONS

       ``Sec. 218D. For purposes of sections 218 through 218D:
       ``(1) Agricultural employment.--The term `agricultural 
     employment' means any service or activity that is considered 
     to be agricultural under section 3(f) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural 
     labor under section 3121(g) of the Internal Revenue Code of 
     1986 (26 U.S.C. 3121(g)). For purposes of this paragraph, 
     agricultural employment includes employment under section 
     101(a)(15)(H)(ii)(a).
       ``(2) Bona fide union.--The term `bona fide union' means 
     any organization in which employees participate and which 
     exists for the purpose of dealing with employers concerning 
     grievances, labor disputes, wages, rates of pay, hours of 
     employment, or other terms and conditions of work for 
     agricultural employees. Such term does not include an 
     organization formed, created, administered, supported, 
     dominated, financed, or controlled by an employer or employer 
     association or its agents or representatives.
       ``(3) Displace.--The term `displace', in the case of an 
     application with respect to 1 or more H-2A workers by an 
     employer, means laying off a United States worker from a job 
     for which the H-2A worker or workers is or are sought.
       ``(4) Eligible.--The term `eligible', when used with 
     respect to an individual, means an individual who is not an 
     unauthorized alien (as defined in section 274A(h)(3)).
       ``(5) Employer.--The term `employer' means any person or 
     entity, including any farm labor contractor and any 
     agricultural association, that employs workers in 
     agricultural employment.
       ``(6) H-2a employer.--The term `H-2A employer' means an 
     employer who seeks to hire 1 or more nonimmigrant aliens 
     described in section 101(a)(15)(H)(ii)(a).
       ``(7) H-2a worker.--The term `H-2A worker' means a 
     nonimmigrant described in section 101(a)(15)(H)(ii)(a).
       ``(8) Job opportunity.--The term `job opportunity' means a 
     job opening for temporary full-time employment at a place in 
     the United States to which United States workers can be 
     referred.
       ``(9) Lays off.--
       ``(A) In general.--The term `lays off', with respect to a 
     worker--
       ``(i) means to cause the worker's loss of employment, other 
     than through a discharge for inadequate performance, 
     violation of workplace rules, cause, voluntary departure, 
     voluntary retirement, contract impossibility (as described in 
     section 218A(b)(4)(D)), or temporary layoffs due to weather, 
     markets, or other temporary conditions; but
       ``(ii) does not include any situation in which the worker 
     is offered, as an alternative to such loss of employment, a 
     similar employment opportunity with the same employer (or, in 
     the case of a placement of a worker with another employer 
     under section 218(b)(2)(E), with either employer described in 
     such section) at equivalent or higher compensation and 
     benefits than the position from which the employee was 
     discharged, regardless of whether or not the employee accepts 
     the offer.
       ``(B) Statutory construction.--Nothing in this paragraph is 
     intended to limit an employee's rights under a collective 
     bargaining agreement or other employment contract.
       ``(10) Regulatory drought.--The term `regulatory drought' 
     means a decision subsequent to the filing of the application 
     under section 218 by an entity not under the control of the 
     employer making such filing which restricts the employer's 
     access to water for irrigation purposes and reduces or limits 
     the employer's ability to produce an agricultural commodity, 
     thereby reducing the need for labor.
       ``(11) Seasonal.--Labor is performed on a `seasonal' basis 
     if--
       ``(A) ordinarily, it pertains to or is of the kind 
     exclusively performed at certain seasons or periods of the 
     year; and
       ``(B) from its nature, it may not be continuous or carried 
     on throughout the year.
       ``(12) Secretary.--The term `Secretary' means the Secretary 
     of Homeland Security.
       ``(13) Temporary.--A worker is employed on a `temporary' 
     basis where the employment is intended not to exceed 10 
     months.
       ``(14) United states worker.--The term `United States 
     worker' means any worker,

[[Page 6339]]

     whether a United States citizen or national, a lawfully 
     admitted permanent resident alien, or any other alien, who is 
     authorized to work in the job opportunity within the United 
     States, except an alien admitted or otherwise provided status 
     under section 101(a)(15)(H)(ii)(a).''.
       (b) Table of Contents.--The table of contents of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended by striking the item relating to section 218 and 
     inserting the following:

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

                  Subtitle C--Miscellaneous Provisions

     SEC. 731. DETERMINATION AND USE OF USER FEES.

       (a) Schedule of Fees.--The Secretary shall establish and 
     periodically adjust a schedule of fees for the employment of 
     aliens under this title and the amendments made by this 
     title, and a collection process for such fees from employers 
     participating in the program provided under this Act. Such 
     fees shall be the only fees chargeable to employers for 
     services provided under this Act.
       (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 added by section 721 
     of this Act, and sufficient to provide for the direct costs 
     of providing services related to an employer's authorization 
     to employ eligible aliens pursuant to this 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 alien 
     employment user fees shall be available without further 
     appropriation and shall remain available without fiscal year 
     limitation to reimburse the Secretary, the Secretary of 
     State, and the Secretary of Labor for the costs of carrying 
     out sections 218 and 218B of the Immigration and Nationality 
     Act, as added by section 721 of this Act, and the provisions 
     of this Act.

     SEC. 732. REGULATIONS.

       (a) Regulations of the Secretary.--The Secretary shall 
     consult with the Secretary of Labor and the Secretary of 
     Agriculture on all regulations to implement the duties of the 
     Secretary under this title and the amendments made by this 
     title.
       (b) Regulations of the Secretary of State.--The Secretary 
     of State shall consult with the Secretary, the Secretary of 
     Labor, and the Secretary of Agriculture on all regulations to 
     implement the duties of the Secretary of State under this 
     title and the amendments made by this title.
       (c) Regulations of the Secretary of Labor.--The Secretary 
     of Labor shall consult with the Secretary of Agriculture and 
     the Secretary on all regulations to implement the duties of 
     the Secretary of Labor under this title and the amendments 
     made by this title.
       (d) Deadline for Issuance of Regulations.--All regulations 
     to implement the duties of the Secretary, the Secretary of 
     State, and the Secretary of Labor created under sections 218, 
     218A, 218B, and 218C of the Immigration and Nationality Act, 
     as added by section 721 of this Act, shall take effect on the 
     effective date of section 721 and shall be issued not later 
     than 1 year after the date of enactment of this Act.

     SEC. 733. RELIGIOUS ORGANIZATIONS.

       Section 274(a)(1) of the Immigration and Nationality Act (8 
     U.S.C. 1324(a)(1)) is amended by adding at the end the 
     following:
       ``(C) It is not a violation of clauses (ii), (iii), or (iv) 
     of subparagraph (A) for a religious denomination described in 
     section 101(a)(27)(C)(i) or an affiliated religious 
     organization described in section 101(a)(27)(C)(ii)(III), or 
     their agents or officers, to encourage, invite, call, allow, 
     or enable an alien who is present in the United States in 
     violation of law to carry on the vocation described in 
     section 101(a)(27)(C)(ii)(I), as a volunteer who is not 
     compensated as an employee, notwithstanding the provision of 
     room, board, travel, and other basic living expenses.''.

     SEC. 734. EFFECTIVE DATE.

       (a) In General.--Except as otherwise provided, sections 721 
     and 731 shall take effect 1 year after the date of enactment 
     of this Act.
       (b) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall prepare and submit 
     to the appropriate committees of Congress a report that 
     describes the measures being taken and the progress made in 
     implementing this title.
                                 ______
                                 
  SA 376. Mr. WYDEN (for himself, Mr. Smith, and Mrs. Murray) submitted 
an amendment intended to be proposed by him to the bill H.R. 1268, 
Making emergency supplemental appropriations for the fiscal year ending 
September 30, 2005, to establish and rapidly implement regulations for 
State driver's license and identification document security standards, 
to prevent terrorists from abusing the asylum laws of the United 
States, to unify terrorism-related grounds for inadmissibility and 
removal, to ensure expeditious construction of the San Diego border 
fence, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

                      DEPARTMENT OF DEFENSE--CIVIL

                         Department of the Army


                  OPERATIONS AND MAINTENANCE, GENERAL

       For an additional amount for the Secretary of the Army, 
     acting through the Chief of Engineers, for emergency repair 
     of the Fern Ridge Dam, Oregon, $24,000,000, to remain 
     available until expended: Provided, That the amounts provided 
     under this heading are designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).
                                 ______
                                 
  SA 377. Mr. REED (for himself, Ms. Snowe, Mr. Kennedy, Mr. Chafee, 
and Mr. Kerry) submitted an amendment intended to be proposed by him to 
the bill H.R. 1268, Making emergency supplemental appropriations for 
the fiscal year ending September 30, 2005, to establish and rapidly 
implement regulations for State driver's license and identification 
document security standards, to prevent terrorists from abusing the 
asylum laws of the United States, to unify terrorism-related grounds 
for inadmissibility and removal, to ensure expeditious construction of 
the San Diego border fence, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 204, between lines 4 and 5, insert the following:

                               CHAPTER 5

                         DEPARTMENT OF COMMERCE

            National Oceanic and Atmospheric Administration


                  OPERATIONS, RESEARCH, AND FACILITIES

       For an additional amount for ``Operations, Research and 
     Facilities'', $3,000,000, to remain available until expended, 
     for the National Marine Fisheries Service to establish a 
     cooperative research program to study the causes of lobster 
     disease and the decline in the lobster fishery in New England 
     waters: Provided, That the amount provided under this heading 
     is designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).
                                 ______
                                 
  SA 378. Mr. SCHUMER submitted an amendment intended to be proposed by 
the him to the bill H.R. 1268, Making emergency supplemental 
appropriations for the fiscal year ending September 30, 2005, to 
establish and rapidly implement regulations for State driver's license 
and identification document security standards, to prevent terrorists 
from abusing the asylum laws of the United States, to unify terrorism-
related grounds for inadmissibility and removal, to ensure expeditious 
construction of the San Diego border fence, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 231, between lines 3 and 4, insert the following:

             TITLE VII--MONTSERRAT IMMIGRATION FAIRNESS ACT

     SEC. 701. SHORT TITLE.

       This title may be cited as the ``Montserrat Immigration 
     Fairness Act''.

     SEC. 702. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS OF 
                   MONTSERRAT.

       (a) In General.--The status of any alien described in 
     subsection (c) shall be adjusted by the Secretary of Homeland 
     Security to that of an alien lawfully admitted for permanent 
     residence, if the alien--
       (1) applies for such adjustment within 1 year after the 
     date of enactment of this Act; and
       (2) is determined to be admissible to the United States for 
     permanent residence.
       (b) Certain Grounds for Exclusion Inapplicable.--For 
     purposes of determining admissibility under subsection 
     (a)(2), the grounds for inadmissibility specified in 
     paragraphs (4), (5), (6)(A), and 7(A) of section

[[Page 6340]]

     212(a) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)) shall not apply.
       (c) Aliens Eligible for Adjustment of Status.--An alien 
     shall be eligible for adjustment of status under subsection 
     (a) only if the alien--
       (1) is a national of Montserrat; and
       (2) was granted temporary protected status in the United 
     States by the Secretary of Homeland Security pursuant to the 
     designation of Montserrat under section 244(b)(1) of the 
     Immigration and Nationality Act (8 U.S.C. 1254a(b)(1)) on 
     August 28, 1997.

     SEC. 703. EFFECT OF APPLICATION ON CERTAIN ORDERS.

       An alien present in the United States who has been ordered 
     excluded, deported, or removed, or ordered to depart 
     voluntarily, from the United States through an order of 
     removal issued under the Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.) may, notwithstanding such order of 
     removal, apply for adjustment of status under section 702. 
     Such an alien shall not be required to file a separate motion 
     to reopen, reconsider, or vacate the order of removal. If the 
     Secretary of Homeland Security approves the application, the 
     Secretary shall cancel the order of removal. If the Secretary 
     renders a final administrative decision to deny the 
     application, the order of removal shall be effective and 
     enforceable to the same extent as if the application had not 
     been made.

     SEC. 704. WORK AUTHORIZATION.

       The Secretary of Homeland Security shall authorize an alien 
     who has applied for adjustment of status under section 702 to 
     engage in employment in the United States during the pendency 
     of such application and shall provide the alien with an 
     appropriate document signifying authorization of employment.

     SEC. 705. ADJUSTMENT OF STATUS FOR CERTAIN FAMILY MEMBERS.

       (a) In General.--The status of an alien shall be adjusted 
     by the Secretary of Homeland Security to that of an alien 
     lawfully admitted for permanent residence if the alien--
       (1) is the spouse, parent, or unmarried son or daughter of 
     an alien whose status is adjusted under section 702;
       (2) applies for adjustment under this section within 2 
     years after the date of enactment of this Act; and
       (3) is determined to be admissible to the United States for 
     permanent residence.
       (b) Certain Grounds for Exclusion Inapplicable.--For 
     purposes of determining admissibility under subsection 
     (a)(3), the grounds for inadmissibility specified in 
     paragraphs (4), (5), (6)(A), and 7(A) of section 212(a) of 
     the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall 
     not apply.

     SEC. 706. AVAILABILITY OF REVIEW.

       (a) Administrative Review.--The Secretary of Homeland 
     Security shall provide to aliens applying for adjustment of 
     status under section 702 or 705 the same right to, and 
     procedures for, administrative review as are provided to--
       (1) applicants for adjustment of status under section 245 
     of the Immigration and Nationality Act (8 U.S.C. 1255); or
       (2) aliens subject to removal proceedings under section 240 
     of such Act (8 U.S.C. 1229a).
       (b) Limitation on Judicial Review.--A determination by the 
     Secretary of Homeland Security as to whether the status of 
     any alien should be adjusted under this title is final and 
     shall not be subject to review by any court.

     SEC. 707. NO OFFSET IN NUMBER OF VISAS AVAILABLE.

       The granting of adjustment of status under section 702 
     shall not reduce the number of immigrant visas authorized to 
     be issued under any provision of the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.).
                                 ______
                                 
  SA 379. Mrs. HUTCHISON (for herself and Mr. Schumer) submitted an 
amendment intended to be proposed by her to the bill H.R. 1268, Making 
emergency supplemental appropriations for the fiscal year ending 
September 30, 2005, to establish and rapidly implement regulations for 
State driver's license and identification document security standards, 
to prevent terrorists from abusing the asylum laws of the United States 
to unify terrorism-related grounds for inadmissibility and removal, to 
ensure expeditious construction of the San Diego border fence, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 231, between lines 3 and 4, insert the following 
     new section:


                            VISAS FOR NURSES

       Sec. 6047. Section 106(d) of the American Competitiveness 
     in the Twenty-first Century Act of 2000 (Public Law 106-313; 
     8 U.S.C. 1153 note) is amended--
       (1) in paragraph (1), by inserting before the period at the 
     end of the second sentence ``and any such visa that is made 
     available due to the difference between the number of 
     employment-based visas that were made available in fiscal 
     year 2001, 2002, 2003, or 2004 and the number of such visas 
     that were actually used in such fiscal year shall be 
     available only to employment-based immigrants, and the 
     dependents of such immigrants, whose schedule A petition, as 
     defined in section 656.5 of title 20, Code of Federal 
     Regulations, was approved by the Secretary of Labor''; and
       (2) in paragraph (2)(A), by striking ``and 2000'' and 
     inserting ``through 2004''.
                                 ______
                                 
  SA 380. Mr. KOHL (for himself, Mr. DeWine, Mr. Durbin, Mr. Leahy, Ms. 
Mikulski, Mr. Inouye, Ms. Landrieu, Mrs. Murray, Mr. Dorgan, Mr. 
Coleman, Mr. Obama, and Mr. Corzine) submitted an amendment intended to 
be proposed by him to the bill H.R. 1268, Making emergency supplemental 
appropriations for the fiscal year ending September 30, 2005, to 
establish and rapidly implement regulations for State driver's license 
and identification document security standards, to prevent terrorists 
from abusing the asylum laws of the United States, to unify terrorism-
related grounds for inadmissibility and removal, to ensure expeditious 
construction of the San Diego border fence, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 171, line 2 strike ``$150,000,000'' and all through 
     line 6 and insert in lieu thereof the following:
       ``$470,000,000 to remain available until expended: 
     Provided, That from this amount, to the maximum extent 
     possible, funding shall be restored to the previously 
     approved fiscal year 2005 programs under section 204(a)(2) of 
     the Agricultural Trade Development and Assistance Act of 
     1954: Provided further, That of the funds provided under this 
     heading, $12,000,000 shall be available to carry out programs 
     under the Food for Progress Act of 1985: Provided further, 
     That the amount provided under this heading is designated as 
     an emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).''.
                                 ______
                                 
  SA 381. Mr. CHAMBLISS (for himself and Mr. Kyl) submitted an 
amendment intended to be proposed by him to the bill H.R. 1268, Making 
emergency supplemental appropriations for the fiscal year ending 
September 30, 2005, to establish and rapidly implement regulations for 
State driver's license and identification document security standards, 
to prevent terrorists from abusing the asylum laws of the United 
States, to unify terrorism-related grounds for inadmissibility and 
removal, to ensure expeditious construction of the San Diego border 
fence, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 231, between lines 3 and 4, insert the following:

               TITLE VII--TEMPORARY AGRICULTURAL WORKERS

     SEC. 701. SHORT TITLE.

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

                   Subtitle A--Temporary H-2A Workers

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

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


                 ``ADMISSION OF TEMPORARY H-2A WORKERS

       ``Sec. 218. (a) Application.--An alien may not be admitted 
     as an H-2A worker unless the employer has filed with the 
     Secretary of Homeland Security a petition attesting to the 
     following:
       ``(1) Temporary or seasonal work or services.--
       ``(A) In general.--The agricultural employment for which 
     the H-2A worker or workers is or are sought is temporary or 
     seasonal, the number of workers sought, and the wage rate and 
     conditions under which they will be employed.
       ``(B) Temporary or seasonal work.--For purposes of 
     subparagraph (A), a worker is employed on a `temporary' or 
     `seasonal' basis if the employment is intended not to exceed 
     10 months.
       ``(2) Benefits, wage, and working conditions.--The employer 
     will provide, at a minimum, the benefits, wages, and working 
     conditions required by subsection (m) to all workers employed 
     in the jobs for which the H-2A worker or workers is or are 
     sought and to all other temporary workers in the same 
     occupation at the place of employment.
       ``(3) Nondisplacement of united states workers.--The 
     employer did not displace and will not displace a United 
     States worker employed by the employer during the period of 
     employment and during a period of 30 days preceding the 
     period of employment in the occupation at the place of 
     employment for which the employer seeks approval to employ H-
     2A workers.
       ``(4) Recruitment.--
       ``(A) In general.--The employer shall attest that the 
     employer--
       ``(i) conducted adequate recruitment in the metropolitan 
     statistical area of intended employment before filing the 
     attestation; and
       ``(ii) was unsuccessful in locating qualified United States 
     workers for the job opportunity for which the certification 
     is sought.

[[Page 6341]]

       ``(B) Recruitment.--The adequate recruitment requirement 
     under subparagraph (A) is satisfied if the employer--
       ``(i) places a job order with America's Job Bank Program of 
     the Department of Labor; and
       ``(ii) places a Sunday advertisement in a newspaper of 
     general circulation or an advertisement in an appropriate 
     trade journal or ethnic publication that is likely to be 
     patronized by a potential worker in the area of intended 
     employment.
       ``(C) Advertisement criteria.--The advertisement 
     requirement under subparagraph (B)(ii) is satisfied if the 
     advertisement--
       ``(i) names the employer;
       ``(ii) directs applicants to report or send resumes, as 
     appropriate for the occupation, to the employer;
       ``(iii) provides a description of the vacancy that is 
     specific enough to apprise United States workers of the job 
     opportunity for which certification is sought;
       ``(iv) describes the geographic area with enough 
     specificity to apprise applicants of any travel requirements 
     and where applicants will likely have to reside to perform 
     the job;
       ``(v) states the rate of pay, which must equal or exceed 
     the wage paid for the occupation in the area of intended 
     employment; and
       ``(vi) offers wages, terms, and conditions of employment, 
     which are at least as favorable as those offered to the 
     alien.
       ``(5) Offers to united states workers.--The employer has 
     offered or will offer the job for which the nonimmigrant is, 
     or the nonimmigrants are, sought to any eligible United 
     States worker who applies and is equally or better qualified 
     for the job and who will be available at the time and place 
     of need.
       ``(6) Provision of insurance.--If the job for which the 
     nonimmigrant is, or the nonimmigrants are, sought is not 
     covered by State workers' compensation law, the employer will 
     provide, at no cost to the worker, insurance covering injury 
     and disease arising out of, and in the course of, the 
     worker's employment which will provide benefits at least 
     equal to those provided under the State workers' compensation 
     law for comparable employment.
       ``(7) Strike or lockout.--There is not a strike or lockout 
     in the course of a labor dispute which, under regulations 
     promulgated by the Secretary of Labor, precludes the 
     provision of the certification described in section 
     101(a)(15)(H)(ii)(a).
       ``(8) Previous violations.--The employer has not, during 
     the previous 5-year period, employed H-2A workers and 
     knowingly violated a material term or condition of approval 
     with respect to the employment of domestic or nonimmigrant 
     workers, as determined by the Secretary of Labor after notice 
     and opportunity for a hearing.
       ``(b) Publication.--The employer shall make available for 
     public examination, within 1 working day after the date on 
     which a petition under this section is filed, at the 
     employer's principal place of business or worksite, a copy of 
     each such petition (and such accompanying documents as are 
     necessary).
       ``(c) List.--The Secretary of Labor shall compile, on a 
     current basis, a list (by employer) of the petitions filed 
     under subsection (a). Such list shall include the wage rate, 
     number of aliens sought, period of intended employment, and 
     date of need. The Secretary of Labor shall make such list 
     available for public examination in Washington, District of 
     Columbia.
       ``(d) Special Rules for Consideration of Petitions.--The 
     following rules shall apply in the case of the filing and 
     consideration of a petition under subsection (a):
       ``(1) Deadline for filing applications.--The Secretary of 
     Homeland Security may not require that the petition be filed 
     more than 45 days before the first date the employer requires 
     the labor or services of the H-2A worker or workers.
       ``(2) Issuance of approval.--Unless the Secretary of 
     Homeland Security finds that the petition is incomplete or 
     obviously inaccurate, the Secretary of Homeland Security 
     shall provide a decision within 7 days of the date of the 
     filing of the petition.
       ``(e) Roles of Agricultural Associations.--
       ``(1) Permitting filing by agricultural associations.--A 
     petition to hire an alien as a temporary agricultural worker 
     may be filed by an association of agricultural producers 
     which use agricultural services.
       ``(2) Treatment of associations acting as employers.--If an 
     association is a joint or sole employer of temporary 
     agricultural workers, such workers may be transferred among 
     its producer members to perform agricultural services of a 
     temporary or seasonal nature for which the petition was 
     approved.
       ``(3) Statement of liability.--The application form shall 
     include a clear statement explaining the liability under this 
     section of an employer who places an H-2A worker with another 
     H-2A employer if the other employer displaces a United States 
     worker in violation of the condition described in subsection 
     (a)(7).
       ``(4) Treatment of violations.--
       ``(A) Member's violation does not necessarily disqualify 
     association or other members.--If an individual producer 
     member of a joint employer association is determined to have 
     committed an act that is in violation of the conditions for 
     approval with respect to the member's petition, the denial 
     shall apply only to that member of the association unless the 
     Secretary of Labor determines that the association or other 
     member participated in, had knowledge of, or had reason to 
     know of the violation.
       ``(B) Association's violation does not necessarily 
     disqualify members.--
       ``(i) Joint employer.--If an association representing 
     agricultural producers as a joint employer is determined to 
     have committed an act that is in violation of the conditions 
     for approval with respect to the association's petition, the 
     denial shall apply only to the association and does not apply 
     to any individual producer member of the association, unless 
     the Secretary of Labor determines that the member 
     participated in, had knowledge of, or had reason to know of 
     the violation.
       ``(ii) Sole employer.--If an association of agricultural 
     producers approved as a sole employer is determined to have 
     committed an act that is in violation of the conditions for 
     approval with respect to the association's petition, no 
     individual producer member of such association may be the 
     beneficiary of the services of temporary alien agricultural 
     workers admitted under this section in the commodity and 
     occupation in which such aliens were employed by the 
     association which was denied approval during the period such 
     denial is in force, unless such producer member employs such 
     aliens in the commodity and occupation in question directly 
     or through an association which is a joint employer of such 
     workers with the producer member.
       ``(f) Expedited Administrative Appeals of Certain 
     Determinations.--Regulations shall provide for an expedited 
     procedure for the review of a denial of approval under this 
     section, or at the applicant's request, for a de novo 
     administrative hearing respecting the denial.
       ``(g) Miscellaneous Provisions.--
       ``(1) Endorsement of documents.--The Secretary of Homeland 
     Security shall provide for the endorsement of entry and exit 
     documents of nonimmigrants described in section 
     101(a)(15)(H)(ii)(a) as may be necessary to carry out this 
     section and to provide notice for purposes of section 274A.
       ``(2) Preemption of state laws.--The provisions of 
     subsections (a) and (c) of section 214 and the provisions of 
     this section preempt any State or local law regulating 
     admissibility of nonimmigrant workers.
       ``(3) Fees.--
       ``(A) In general.--The Secretary of Homeland Security may 
     require, as a condition of approving the petition, the 
     payment of a fee in accordance with subparagraph (B) to 
     recover the reasonable costs of processing petitions.
       ``(B) Amounts.--
       ``(i) Employer.--The fee for each employer that receives a 
     temporary alien agricultural labor certification shall be 
     equal to $100 plus $10 for each job opportunity for H-2A 
     workers certified, provided that the fee to an employer for 
     each temporary alien agricultural labor certification 
     received shall not exceed $1,000.
       ``(ii) Joint employer association.--In the case of a joint 
     employer association that receives a temporary alien 
     agricultural labor certification, each employer-member 
     receiving such certification shall pay a fee equal to $100 
     plus $10 for each job opportunity for H-2A workers certified, 
     provided that the fee to an employer for each temporary alien 
     agricultural labor certification received shall not exceed 
     $1,000. The joint employer association shall not be charged a 
     separate fee.
       ``(C) Payments.--The fees collected under this paragraph 
     shall be paid by check or money order made payable to the 
     `Department of Homeland Security'. In the case of employers 
     of H-2A workers that are members of a joint employer 
     association applying on their behalf, the aggregate fees for 
     all employers of H-2A workers under the petition may be paid 
     by 1 check or money order.
       ``(D) Inflation adjustment.--In the case of any calendar 
     year beginning after 2005, each dollar amount in subparagraph 
     (B) may be increased by an amount equal to--
       ``(i) such dollar amount; multiplied by
       ``(ii) the percentage (if any) by which the average of the 
     Consumer Price Index for all urban consumers (United States 
     city average) for the 12-month period ending with August of 
     the preceding calendar year exceeds such average for the 12-
     month period ending with August 2004.
       ``(h) Failure To Meet Conditions.--If the Secretary of 
     Labor finds, after notice and opportunity for a hearing, a 
     failure to meet a condition of subsection (a), or a material 
     misrepresentation of fact in a petition under subsection 
     (a)--
       ``(1) the Secretary of Labor shall notify the Secretary of 
     Homeland Security of such finding and may, in addition, 
     impose such other administrative remedies (including civil 
     money penalties in an amount not to exceed $1,000 per 
     violation) as the Secretary of Labor determines to be 
     appropriate; and
       ``(2) the Secretary of Homeland Security may disqualify the 
     employer from the employment of H-2A workers for a period of 
     1 year.

[[Page 6342]]

       ``(i) Willful Failures and Willful Misrepresentations.--If 
     the Secretary of Labor finds, after notice and opportunity 
     for a hearing, a willful failure to meet a material condition 
     of subsection (a) or a willful misrepresentation of a 
     material fact in a petition under subsection (a)--
       ``(1) the Secretary of Labor shall notify the Secretary of 
     Homeland Security of such finding and may, in addition, 
     impose such other administrative remedies (including civil 
     money penalties in an amount not to exceed $5,000 per 
     violation) as the Secretary of Labor determines to be 
     appropriate;
       ``(2) the Secretary of Homeland Security may disqualify the 
     employer from the employment of H-2A workers for a period of 
     2 years;
       ``(3) for a second violation, the Secretary of Homeland 
     Security may disqualify the employer from the employment of 
     H-2A workers for a period of 5 years; and
       ``(4) for a third violation, the Secretary of Homeland 
     Security may permanently disqualify the employer from the 
     employment of H-2A workers.
       ``(j) Displacement of United States Workers.--If the 
     Secretary of Labor finds, after notice and opportunity for a 
     hearing, a willful failure to meet a material condition of 
     subsection (a) or a willful misrepresentation of a material 
     fact in a petition under subsection (a), in the course of 
     which failure or misrepresentation the employer displaced a 
     United States worker employed by the employer during the 
     period of employment on the employer's petition under 
     subsection (a) or during the period of 30 days preceding such 
     period of employment--
       ``(1) the Secretary of Labor shall notify the Secretary of 
     Homeland Security of such finding and may, in addition, 
     impose such other administrative remedies (including civil 
     money penalties in an amount not to exceed $15,000 per 
     violation) as the Secretary of Labor determines to be 
     appropriate;
       ``(2) the Secretary of Homeland Security may disqualify the 
     employer from the employment of H-2A workers for a period of 
     5 years; and
       ``(3) for a second violation, the Secretary of Homeland 
     Security may permanently disqualify the employer from the 
     employment of H-2A workers.
       ``(k) Limitations on Civil Money Penalties.--The Secretary 
     of Labor shall not impose total civil money penalties with 
     respect to a petition under subsection (a) in excess of 
     $90,000.
       ``(l) Failures To Pay Wages or Required Benefits.--If the 
     Secretary of Labor finds, after notice and opportunity for a 
     hearing, that the employer has failed to pay the wages, or 
     provide the housing allowance, transportation, subsistence 
     reimbursement, or guarantee of employment required under 
     subsection (a)(2), the Secretary of Labor shall assess 
     payment of back wages, or other required benefits, due any 
     United States worker or H-2A worker employed by the employer 
     in the specific employment in question. The back wages or 
     other required benefits under subsection (a)(2) shall be 
     equal to the difference between the amount that should have 
     been paid and the amount that actually was paid to such 
     worker.
       ``(m) Minimum Benefits, Wages, and Working Conditions.--
       ``(1) Preferential treatment of aliens prohibited.--
       ``(A) In general.--Employers seeking to hire United States 
     workers shall offer the United States workers not less than 
     the same benefits, wages, and working conditions that the 
     employer is offering, intends to offer, or will provide to H-
     2A workers. Conversely, no job offer may impose on United 
     States workers any restrictions or obligations which will not 
     be imposed on the employer's H-2A workers.
       ``(B) Interpretations and determinations.--While benefits, 
     wages, and other terms and conditions of employment specified 
     in this subsection are required to be provided in connection 
     with employment under this section, every interpretation and 
     determination made under this Act or under any other law, 
     regulation, or interpretative provision regarding the nature, 
     scope, and timing of the provision of these and any other 
     benefits, wages, and other terms and conditions of employment 
     shall be made in conformance with the governing principles 
     that the services of workers to their employers and the 
     employment opportunities afforded to workers by their 
     employers, including those employment opportunities that 
     require United States workers or H-2A workers to travel or 
     relocate in order to accept or perform employment, mutually 
     benefit such workers, as well as their families, and 
     employers, principally benefitting neither, and that 
     employment opportunities within the United States further 
     benefit the United States economy as a whole and should be 
     encouraged.
       ``(2) Required wages.--
       ``(A) An employer applying for workers under subsection (a) 
     shall offer to pay, and shall pay, all workers in the 
     occupation for which the employer has applied for workers, 
     not less than the prevailing wage.
       ``(B) In complying with subparagraph (A), an employer may 
     request and obtain a prevailing wage determination from the 
     State employment security agency.
       ``(C) In lieu of the procedure described in subparagraph 
     (B), an employer may rely on other wage information, 
     including a survey of the prevailing wages of workers in the 
     occupation in the area of intended employment that has been 
     conducted or funded by the employer or a group of employers, 
     that meets criteria specified by the Secretary of Labor in 
     regulations.
       ``(D) An employer who obtains such prevailing wage 
     determination, or who relies on a qualifying survey of 
     prevailing wages, and who pays the wage determined to be 
     prevailing, shall be considered to have complied with the 
     requirement of subparagraph (A).
       ``(E) No worker shall be paid less than the greater of the 
     prevailing wage or the applicable State minimum wage.
       ``(3) Requirement to provide housing or a housing 
     allowance.--
       ``(A) In general.--An employer applying for workers under 
     subsection (a) shall offer to provide housing at no cost to 
     all workers in job opportunities for which the employer has 
     applied under that section and to all other workers in the 
     same occupation at the place of employment, whose place of 
     residence is beyond normal commuting distance.
       ``(B) Type of housing.--In complying with subparagraph (A), 
     an employer may, at the employer's election, provide housing 
     that meets applicable Federal standards for temporary labor 
     camps or secure housing that meets applicable local standards 
     for rental or public accommodation housing, or other 
     substantially similar class of habitation, or in the absence 
     of applicable local standards, State standards for rental or 
     public accommodation housing or other substantially similar 
     class of habitation. In the absence of applicable State or 
     local standards, Federal temporary labor camp standards shall 
     apply.
       ``(C) Certificate of inspection.--Prior to any occupation 
     by a worker in housing described in subparagraph (B), the 
     employer shall submit a certificate of inspection by an 
     approved Federal or State agency to the Secretary of Labor.
       ``(D) Workers engaged in the range production of 
     livestock.--The Secretary of Labor shall issue regulations 
     that address the specific requirements for the provision of 
     housing to workers engaged in the range production of 
     livestock.
       ``(E) Limitation.--Nothing in this paragraph shall be 
     construed to require an employer to provide or secure housing 
     for persons who were not entitled to such housing under the 
     temporary labor certification regulations in effect on June 
     1, 1986.
       ``(F) Housing allowance as alternative.--
       ``(i) In general.--The employer may provide a reasonable 
     housing allowance in lieu of offering housing under 
     subparagraph (A) if the requirement under clause (v) is 
     satisfied.
       ``(ii) Assistance to locate housing.--Upon the request of a 
     worker seeking assistance in locating housing, the employer 
     shall make a good-faith effort to assist the worker in 
     locating housing in the area of intended employment.
       ``(iii) Limitation.--A housing allowance may not be used 
     for housing which is owned or controlled by the employer. An 
     employer who offers a housing allowance to a worker, or 
     assists a worker in locating housing which the worker 
     occupies, pursuant to this clause shall not be deemed a 
     housing provider under section 203 of the Migrant and 
     Seasonal Agricultural Worker Protection Act (29 U.S.C. 1823) 
     solely by virtue of providing such housing allowance.
       ``(iv) Reporting requirement.--The employer must provide 
     the Secretary of Labor with a list of the names of all 
     workers assisted under this subparagraph and the local 
     address of each such worker.
       ``(v) Certification.--The requirement of this clause is 
     satisfied if the Governor of the State certifies to the 
     Secretary of Labor that there is adequate housing available 
     in the area of intended employment for migrant farm workers, 
     and H-2A workers, who are seeking temporary housing while 
     employed at farm work. Such certification shall expire after 
     3 years unless renewed by the Governor of the State.
       ``(vi) Amount of allowance.--

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

[[Page 6343]]

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

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

       ``(ii) Distance traveled.--No reimbursement under 
     subparagraph (A) or (B) shall be required if the distance 
     traveled is 100 miles or less or if the worker is not 
     residing in employer-provided housing or housing secured 
     through an allowance as provided in paragraph (3).
       ``(D) Early termination.--If the worker is laid off or 
     employment is terminated for contract impossibility (as 
     described in paragraph (5)(D)) before the anticipated ending 
     date of employment, the employer shall provide the 
     transportation and subsistence required by subparagraph (B) 
     and, notwithstanding whether the worker has completed 50 
     percent of the period of employment, shall provide the 
     transportation reimbursement required by subparagraph (A).
       ``(E) Transportation between living quarters and 
     worksite.--The employer shall provide transportation between 
     the worker's living quarters (such as housing provided by the 
     employer pursuant to paragraph (3), including housing 
     provided through a housing allowance) and the employer's 
     worksite without cost to the worker, and such transportation 
     will be in accordance with applicable laws and regulations.
       ``(5) Guarantee of employment.--
       ``(A) Offer to worker.--The employer shall guarantee to 
     offer the worker employment for the hourly equivalent of at 
     least 75 percent of the work days of the total period of 
     employment, beginning with the first work day after the 
     arrival of the worker at the place of employment and ending 
     on the expiration date specified in the job offer. For 
     purposes of this subparagraph, the hourly equivalent means 
     the number of hours in the work days as stated in the job 
     offer and shall exclude the worker's Sabbath and Federal 
     holidays. If the employer affords the United States or H-2A 
     worker less employment than that required under this 
     subparagraph, the employer shall pay such worker the amount 
     which the worker would have earned had the worker, in fact, 
     worked for the guaranteed number of hours.
       ``(B) Failure to work.--Any hours which the worker fails to 
     work, up to a maximum of the number of hours specified in the 
     job offer for a work day, when the worker has been offered an 
     opportunity to do so, and all hours of work actually 
     performed (including voluntary work in excess of the number 
     of hours specified in the job offer in a work day, on the 
     worker's Sabbath, or on Federal holidays) may be counted by 
     the employer in calculating whether the period of guaranteed 
     employment has been met.
       ``(C) Abandonment of employment; termination for cause.--If 
     the worker voluntarily abandons employment before the end of 
     the contract period, or is terminated for cause, the worker 
     is not entitled to the 75 percent guarantee described in 
     subparagraph (A).
       ``(D) Contract impossibility.--If, before the expiration of 
     the period of employment specified in the job offer, the 
     services of the worker are no longer required for reasons 
     beyond the control of the employer due to any form of natural 
     disaster (including a flood, hurricane, freeze, earthquake, 
     fire, or drought), plant or animal disease, pest infestation, 
     or regulatory action, before the employment guarantee in 
     subparagraph (A) is fulfilled, the employer may terminate the 
     worker's employment. In the event of such termination, the 
     employer shall fulfill the employment guarantee in 
     subparagraph (A) for the work days that have elapsed from the 
     first work day after the arrival of the worker to the 
     termination of employment. In such cases, the employer will 
     make efforts to transfer the United States worker to other 
     comparable employment acceptable to the worker.
       ``(n) Petitioning for Admission.--An employer, or an 
     association acting as an agent or joint employer for its 
     members, that seeks the admission into the United States of 
     an H-2A worker must file a petition with the Secretary of 
     Homeland Security. The petition shall include the 
     attestations for the certification described in section 
     101(a)(15)(H)(ii)(a).
       ``(o) Expedited Adjudication by the Secretary.--The 
     Secretary of Homeland Security--
       ``(1) shall establish a procedure for expedited 
     adjudication of petitions filed under subsection (n); and
       ``(2) not later than 7 working days after such filing 
     shall, by fax, cable, or other means assuring expedited 
     delivery transmit a copy of notice of action on the 
     petition--
       ``(A) to the petitioner; and
       ``(B) in the case of approved petitions, to the appropriate 
     immigration officer at the port of entry or United States 
     consulate where the petitioner has indicated that the alien 
     beneficiary or beneficiaries will apply for a visa or 
     admission to the United States.
       ``(p) Disqualification.--
       ``(1) Subject to paragraph (2), an alien shall be 
     considered inadmissible to the United States and ineligible 
     for nonimmigrant status under section 101(a)(15)(H)(ii)(a) if 
     the alien has, at any time during the past 5 years, violated 
     a term or condition of admission into the United States as a 
     nonimmigrant, including overstaying the period of authorized 
     admission.
       ``(2) Waivers.--
       ``(A) In general.--An alien outside the United States, and 
     seeking admission under section 101(a)(15)(H)(ii)(a), shall 
     not be deemed inadmissible under such section by reason of 
     paragraph (1) or section 212(a)(9)(B) if the previous 
     violation occurred on or before April 1, 2005.
       ``(B) Limitation.--In any case in which an alien is 
     admitted to the United States upon having a ground of 
     inadmissibility waived under subparagraph (A), such waiver 
     shall be considered to remain in effect unless the alien 
     again violates a material provision of this section or 
     otherwise violates a term or condition of admission into the 
     United States as a nonimmigrant, in which case such waiver 
     shall terminate.
       ``(q) Abandonment of Employment.--
       ``(1) In general.--An alien admitted or provided status 
     under section 101(a)(15)(H)(ii)(a) who abandons the 
     employment which was the basis for such admission or status 
     shall be considered to have failed to maintain nonimmigrant 
     status as an H-2A worker and shall depart the United States 
     or be subject to removal under section 237(a)(1)(C)(i).
       ``(2) Report by employer.--The employer (or association 
     acting as agent for the employer) shall notify the Secretary 
     of Homeland Security within 7 days of an H-2A worker's having 
     prematurely abandoned employment.
       ``(3) Removal by the secretary.--The Secretary of Homeland 
     Security shall promptly remove from the United States any H-
     2A worker who violates any term or condition of the worker's 
     nonimmigrant status.
       ``(4) Voluntary termination.--Notwithstanding paragraph 
     (1), an alien may voluntarily terminate his or her employment 
     if the alien promptly departs the United States upon 
     termination of such employment.
       ``(r) Replacement of Alien.--
       ``(1) In general.--Upon presentation of the notice to the 
     Secretary of Homeland Security required by subsection (q)(2), 
     the Secretary of State shall promptly issue a visa to, and 
     the Secretary of Homeland Security shall admit into the 
     United States, an eligible alien designated by the employer 
     to replace an H-2A worker who abandons or prematurely 
     terminates employment.
       ``(2) Construction.--Nothing in this subsection shall limit 
     any preference required to be accorded United States workers 
     under any other provision of this Act.
       ``(s) Identification Document.--
       ``(1) In general.--The Department of Homeland Security 
     shall provide each alien authorized to be admitted under 
     section 101(a)(15)(H)(ii)(a) with a single machine-readable, 
     tamper-resistant, and counterfeit-resistant document that--
       ``(A) authorizes the alien's entry into the United States; 
     and
       ``(B) serves, for the appropriate period, as an employment 
     eligibility document.
       ``(2) Requirements.--No identification and employment 
     eligibility document may be

[[Page 6344]]

     issued which does not meet the following requirements:
       ``(A) The document shall be capable of reliably determining 
     whether--
       ``(i) the individual with the identification and employment 
     eligibility document whose eligibility is being verified is 
     in fact eligible for employment;
       ``(ii) the individual whose eligibility is being verified 
     is claiming the identity of another person; and
       ``(iii) the individual whose eligibility is being verified 
     is authorized to be admitted into, and employed in, the 
     United States as an H-2A worker.
       ``(B) The document shall--
       ``(i) be compatible with other databases of the Secretary 
     of Homeland Security for the purpose of excluding aliens from 
     benefits for which they are not eligible and determining 
     whether the alien is unlawfully present in the United States; 
     and
       ``(ii) be compatible with law enforcement databases to 
     determine if the alien has been convicted of criminal 
     offenses.
       ``(t) Extension of Stay of H-2A Workers in the United 
     States.--
       ``(1) Extension of stay.--
       ``(A) In general.--If an employer seeks to employ an H-2A 
     worker who is lawfully present in the United States, the 
     petition filed by the employer or an association pursuant to 
     subsection (n) shall request an extension of the alien's 
     stay.
       ``(B) Commencement; maximum period.--An extension of stay 
     under this subsection--
       ``(i) may only commence at the completion of the H-2A 
     worker's stay with the current employer; and
       ``(ii) shall not exceed 10 months.
       ``(2) Work authorization upon filing petition for extension 
     of stay.--
       ``(A) In general.--An alien who is lawfully present in the 
     United States may commence or continue the employment 
     described in a petition under paragraph (1) on the date on 
     which the petition is filed. The employer shall provide a 
     copy of the employer's petition to the alien, who shall keep 
     the petition with the alien's identification and employment 
     eligibility document, as evidence that the petition has been 
     filed and that the alien is authorized to work in the United 
     States.
       ``(B) Approval.--Upon approval of a petition for an 
     extension of stay or change in the alien's authorized 
     employment, the Secretary of Homeland Security shall provide 
     a new or updated employment eligibility document to the alien 
     indicating the new validity date, after which the alien is 
     not required to retain a copy of the petition.
       ``(C) Definition.--In this paragraph, the term `file' means 
     sending the petition by certified mail via the United States 
     Postal Service, return receipt requested, or delivered by 
     guaranteed commercial delivery which will provide the 
     employer with a documented acknowledgment of the date of 
     receipt of the petition.
       ``(u) Special Rule for Aliens Employed as Sheepherders, 
     Goatherders, or Dairy Workers.--Notwithstanding any other 
     provision of this section, an alien admitted under section 
     101(a)(15)(H)(ii)(a) for employment as a sheepherder, 
     goatherder, or dairy worker may be admitted for a period of 
     up to 2 years.
       ``(v) Definitions.--For purposes of this section:
       ``(1) Area of employment.--The term `area of employment' 
     means the area within normal commuting distance of the 
     worksite or physical location where the work of the H-2A 
     worker is or will be performed. If such worksite or location 
     is within a Metropolitan Statistical Area, any place within 
     such area is deemed to be within the area of employment.
       ``(2) Eligible individual.--The term `eligible individual' 
     means, with respect to employment, an individual who is not 
     an unauthorized alien (as defined in section 274A(h)(3)) with 
     respect to that employment.
       ``(3) Displace.--In the case of a petition with respect to 
     1 or more H-2A workers by an employer, the employer is 
     considered to `displace' a United States worker from a job if 
     the employer lays off the worker from a job that is 
     essentially the equivalent of the job for which the H-2A 
     worker or workers is or are sought. A job shall not be 
     considered to be essentially equivalent of another job unless 
     it involves essentially the same responsibilities, was held 
     by a United States worker with substantially equivalent 
     qualifications and experience, and is located in the same 
     area of employment as the other job.
       ``(4) H-2a worker.--The term `H-2A worker' means a 
     nonimmigrant described in section 101(a)(15)(H)(ii)(a).
       ``(5) Lays off.--
       ``(A) In general.--The term `lays off', with respect to a 
     worker--
       ``(i) means to cause the worker's loss of employment, other 
     than through a discharge for inadequate performance, 
     violation of workplace rules, cause, voluntary departure, 
     voluntary retirement, or the expiration of a grant or 
     contract (other than a temporary employment contract entered 
     into in order to evade a condition described in paragraph (3) 
     or (7) of subsection (a); but
       ``(ii) does not include any situation in which the worker 
     is offered, as an alternative to such loss of employment, a 
     similar employment opportunity with the same employer (or, in 
     the case of a placement of a worker with another employer 
     under subsection (a)(7), with either employer described in 
     such subsection) at equivalent or higher compensation and 
     benefits than the position from which the employee was 
     discharged, regardless of whether or not the employee accepts 
     the offer.
       ``(B) Construction.--Nothing in this paragraph is intended 
     to limit an employee's rights under a collective bargaining 
     agreement or other employment contract.
       ``(6) Prevailing wage.--The term `prevailing wage' means, 
     with respect to an agricultural occupation in an area of 
     intended employment, the rate of wages that includes the 51st 
     percentile of employees with similar experience and 
     qualifications in the agricultural occupation in the area of 
     intended employment, expressed in terms of the prevailing 
     method of pay for the occupation in the area of intended 
     employment.
       ``(7) United states worker.--The term `United States 
     worker' means any worker, whether a United States citizen or 
     national, a lawfully admitted permanent resident alien, or 
     any other alien authorized to work in the relevant job 
     opportunity within the United States, except--
       ``(A) an alien admitted or otherwise provided status under 
     section 101(a)(15)(H)(ii)(a); and
       ``(B) an alien provided status under section 220.''.

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

       Section 305 of the Immigrant Reform and Control Act of 1986 
     (8 U.S.C. 1101 note) is amended--
       (1) by striking ``A nonimmigrant'' and inserting the 
     following:
       ``(a) In General.--A nonimmigrant''; and
       (2) by adding at the end the following:
       ``(b) Legal Assistance.--The Legal Services Corporation may 
     not provide legal assistance for or on behalf of any alien, 
     and may not provide financial assistance to any person or 
     entity that provides legal assistance for or on behalf of any 
     alien, unless the alien--
       ``(1) is present in the United States at the time the legal 
     assistance is provided; and
       ``(2) is an alien to whom subsection (a) applies.''
       ``(c) Required Mediation.--The Legal Services Corporation 
     may not bring a civil action for damages on behalf of a 
     nonimmigrant described in section 101(a)(15)(H)(ii)(a) of the 
     Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)(H)(ii)(a)) or pursuant to those in the Blue Card 
     Program established under section 220 of such Act, unless at 
     least 90 days before bringing the action a request has been 
     made to the Federal Mediation and Conciliation Service to 
     assist the parties in reaching a satisfactory resolution of 
     all issues involving all parties to the dispute and mediation 
     has been attempted.''.

                      Subtitle B--Blue Card Status

     SEC. 721. BLUE CARD PROGRAM.

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


                          ``BLUE CARD PROGRAM

       ``Sec. 220. (a) Definitions.--As used in this section--
       ``(1) the term `agricultural employment'--
       ``(A) means any service or activity that is considered to 
     be agricultural under section 3(f) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural 
     labor under section 3121(g) of the Internal Revenue Code of 
     1986; and
       ``(B) includes any service or activity described in--
       ``(i) title 37, 37-3011, or 37-3012 (relating to 
     landscaping) of the Department of Labor 2004-2005 
     Occupational Information Network Handbook;
       ``(ii) title 45 (relating to farming fishing, and forestry) 
     of such handbook; or
       ``(iii) title 51, 51-3022, or 51-3023 (relating to meat, 
     poultry, fish processors and packers) of such handbook.
       ``(2) the term `blue card status' means the status of an 
     alien who has been--
       ``(A) lawfully admitted for a temporary period under 
     subsection (b); and
       ``(B) issued a tamper-resistant, machine-readable document 
     that serves as the alien's visa, employment authorization, 
     and travel documentation and contains such biometrics as are 
     required by the Secretary;
       ``(3) the term `employer' means any person or entity, 
     including any farm labor contractor and any agricultural 
     association, that employs workers in agricultural employment;
       ``(4) the term `Secretary' means the Secretary of Homeland 
     Security;
       ``(5) the term `small employer' means an employer employing 
     fewer than 500 employees based upon the average number of 
     employees for each of the pay periods for the preceding 10 
     calendar months, including the period in which the employer 
     employed H-2A workers; and
       ``(6) the term `United States worker' means any worker, 
     whether a United States citizen or national, a lawfully 
     admitted permanent resident alien, or any other alien 
     authorized to work in the relevant job opportunity within the 
     United States, except--

[[Page 6345]]

       ``(A) an alien admitted or otherwise provided status under 
     section 101(a)(15)(H)(ii)(a); and
       ``(B) an alien provided status under this section.
       ``(b) Blue Card Program.--
       ``(1) Blue card program.--Notwithstanding any other 
     provision of law, the Secretary shall confer blue card status 
     upon an alien who qualifies under this subsection if the 
     Secretary determines that the alien--
       ``(A) has been in the United States continuously as of 
     April 1, 2005;
       ``(B) has performed more than 50 percent of total annual 
     weeks worked in agricultural employment in the United States 
     (except in the case of a child provided derivative status as 
     of April 1, 2005);
       ``(C) is otherwise admissible to the United States under 
     section 212, except as otherwise provided under paragraph 
     (2); and
       ``(D) is the beneficiary of a petition filed by an 
     employer, as described in paragraph (3).
       ``(2) Waiver of certain grounds for inadmissibility.--In 
     determining an alien's eligibility for blue card status under 
     paragraph (1)(C)--
       ``(A) the provisions of paragraphs (5), (6)(A), (7)(A), and 
     (9)(B) of section 212(a) shall not apply;
       ``(B) the provisions of section 212(a)(6)(C) shall not 
     apply with respect to prior or current agricultural 
     employment; and
       ``(C) the Secretary may not waive paragraph (1), (2), or 
     (3) of section 212(a) unless such waiver is permitted under 
     another provision of law.
       ``(3) Petitions.--
       ``(A) In general.--An employer seeking blue card status 
     under this section for an alien employee shall file a 
     petition for blue card status with the Secretary.
       ``(B) Employer petition.--An employer filing a petition 
     under subparagraph (A) shall--
       ``(i) pay a registration fee of--

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

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

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

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

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

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

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

       ``(ii) Biometrics.--

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

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

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

       ``(ii) compatible with--

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

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

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

       ``(5) Period of authorized admission.--
       ``(A) In general.--The initial period of authorized 
     admission for an alien with blue card status shall be not 
     more than 3 years. The employer of such alien may petition 
     for extensions of such authorized admission for 2 additional 
     periods of not more than 3 years each.
       ``(B) Exception.--The limit on renewals shall not apply to 
     a nonimmigrant in a position of full-time, non-temporary 
     employment who has managerial or supervisory 
     responsibilities. The employer of such nonimmigrant shall be 
     required to make an additional attestation to such an 
     employment classification with the filing of a petition.
       ``(C) Reporting requirement.--If an alien with blue card 
     status ceases to be employed by an employer, such employer 
     shall immediately notify the Secretary of such cessation of 
     employment. The Secretary shall provide electronic means for 
     making such notification.
       ``(D) Loss of employment.--
       ``(i) An alien's blue card status shall terminate if the 
     alien is unemployed for 60 or more consecutive days.
       ``(ii) An alien whose period of authorized admission 
     terminates under clause (i) shall be required to return to 
     the country of the alien's nationality or last residence.
       ``(6) Grounds for ineligibility.--
       ``(A) Bar to future visas for condition violations.--Any 
     alien having blue card status shall not again be eligible for 
     the same

[[Page 6346]]

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

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

     SEC. 722. PENALTIES FOR FALSE STATEMENTS.

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

     SEC. 723. SECURING THE BORDERS.

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

     SEC. 724. EFFECTIVE DATE.

       This subtitle shall take effect on the date that is 6 
     months after the date of enactment of this Act.
                                 ______
                                 
  SA 382. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
by her to the bill H.R. 1268, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2005, to 
establish and rapidly implement regulations for State driver's license 
and identification document security standards, to prevent terrorists 
from abusing the asylum laws of the United States, to unify terrorism-
related grounds for inadmissibility and removal, to ensure expeditious 
construction of the San Diego border fence, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 4, lines 7 through 10, strike ``at least 575 hours 
     or 100 work days, whichever is less, during any 12 
     consecutive months during the 18-month period ending on'' and 
     insert ``the previous 3 years, for at least 575 hours or 100 
     work days per year, before''.
                                 ______
                                 
  SA 383. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
by her to the bill H.R. 1268, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2005, to 
establish and rapidly implement regulations for State driver's license 
and identification document security standards, to prevent terrorists 
from abusing the asylum laws of the United States, to unify terrorism-
related grounds for inadmissibility and removal, to ensure expeditious 
construction of the San Diego border fence, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 13, strike line 5 and all that follows through page 
     14, line 23, and insert the following:
       (i) Qualifying employment.--The alien has performed at 
     least 5 years of agricultural employment in the United 
     States, for at least 100 work days per year, during the 6-
     year period beginning on the date of enactment of this Act.
       (ii) Application period.--The alien applies for adjustment 
     of status not later than 7 years after the date of enactment 
     of this Act.
       (iii) Proof.--In meeting the requirements under clause (i), 
     an alien may submit the record of employment described in 
     subsection (a)(5) or such documentation as may be submitted 
     under subsection (d)(3).
       (iv) Disability.--In determining whether an alien has met 
     the requirements under clause (i), the Secretary shall credit 
     the alien with any work days lost because the alien was 
     unable to work in agricultural employment due to injury or 
     disease arising out of and in the course of the alien's 
     agricultural employment, if the alien can establish such 
     disabling injury or disease through medical records.
                                 ______
                                 
  SA 384. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
by her to the bill H.R. 1268, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2005, to 
establish and rapidly implement regulations for State driver's license 
and identification document security standards, to prevent terrorists 
from abusing the asylum laws of the United States, to unify terrorism-
related grounds for inadmissibility and removal, to ensure expeditious 
construction of the San Diego border fence, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 18, strike line 11 and all that follows through 
     ``(D)'' on page 20, line 16, and insert the following:
       (A) In general.--The Secretary shall provide that--
       (i) applications for temporary resident status under 
     subsection (a) may be filed--

       (I) with the Secretary only if the applicant is represented 
     by an attorney; or
       (II) with a qualified entity designated under paragraph (2) 
     only if the applicant consents to the forwarding of the 
     application to the Secretary; and

       (ii) applications for adjustment of status under subsection 
     (c) shall be filed directly with the Secretary.
       (B)
                                 ______
                                 
  SA 385. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
by her to the bill H.R. 1268, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2005, to 
establish and rapidly implement regulations for State driver's license 
and identification document security standards, to prevent terrorists 
from abusing the asylum

[[Page 6347]]

laws of the United States, to unify terrorism-related grounds for 
inadmissibility and removal, to ensure expeditious construction of the 
San Diego border fence, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 15, strike lines 19 through 21, and insert the 
     following:

       (II) is convicted of a felony or misdemeanor committed in 
     the United States.

                                 ______
                                 
  SA 386. Mr. STEVENS (for himself and Mr. Inouye) proposed an 
amendment to the bill H.R. 1268, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2005, to 
establish and rapidly implement regulations for State driver's license 
and identification document security standards, to prevent terrorists 
from abusing the asylum laws of the United States, to unify terrorism-
related grounds for inadmissibility and removal, to ensure expeditious 
construction of the San Diego border fence, and for other purposes; as 
follows:

       On page 149, line 10 strike ``$89,300,000'' and insert 
     ``$250,300,000'' and on line 11 strike ``$20,000,000'' and 
     insert ``$181,000,000''.
                                 ______
                                 
  SA 387. Ms. MIKULSKI (for herself, Mr. Allen, Mr. Leahy, Mr. Corzine, 
Mr. Warner, Mr. Jeffords, Mr. Sarbanes, Mr. Dayton, Mr. Kennedy, Ms. 
Landrieu, Mr. Reed, Mr. Lautenberg, Mr. Feingold, Mr. Dorgan, Mr. 
Kerry, Mr. Conrad, Mr. Thomas, Mr. Stevens, Mr. DeWine, Mr. Coleman, 
Ms. Snowe, and Ms. Collins) proposed an amendment to the bill H.R. 
1268, making emergency supplemental appropriations for the fiscal year 
ending September 30, 2005, to establish and rapidly implement 
regulations for State driver's license and identification document 
security standards, to prevent terrorists from abusing the asylum laws 
of the United States, to unify terrorism-related grounds for 
inadmissibility and removal, to ensure expeditious construction of the 
San Diego border fence, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 231, between lines 3 and 4, insert the following 
     new title:

                      TITLE VII--TEMPORARY WORKERS

     SEC. 7001. SHORT TITLE.

       This title may be cited as the ``Save Our Small and 
     Seasonal Businesses Act of 2005''.

     SEC. 7002. NUMERICAL LIMITATIONS ON H-2B WORKERS.

       (a) In General.--Section 214(g) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(g)) is amended by adding at 
     the end the following:
       ``(9) An alien counted toward the numerical limitations of 
     paragraph (1)(B) during any one of the 3 fiscal years prior 
     to the submission of a petition for a nonimmigrant worker 
     described in section 101(a)(15)(H)(ii)(b) may not be counted 
     toward such limitation for the fiscal year in which the 
     petition is approved.''.
       (b) Effective Date.--
       (1) In general.--The amendment in subsection (a) shall take 
     effect as if enacted on October 1, 2004, and shall expire on 
     October 1, 2006.
       (2) Implementation.--Not later than the date of enactment 
     of this Act, the Secretary of Homeland Security shall begin 
     accepting and processing petitions filed on behalf of aliens 
     described in section 101(a)(15)(H)(ii)(b), in a manner 
     consistent with this section and the amendments made by this 
     section.

     SEC. 7003. FRAUD PREVENTION AND DETECTION FEE.

       (a) Imposition of Fee.--Section 214(c) of the Immigration 
     and Nationality Act (8 U.S.C. 1184(c)), as amended by section 
     426(a) of division J of the Consolidated Appropriations Act, 
     2005 (Public Law 108-447), is amended by adding at the end 
     the following:
       ``(13)(A) In addition to any other fees authorized by law, 
     the Secretary of Homeland Security shall impose a fraud 
     prevention and detection fee on an employer filing a petition 
     under paragraph (1) for nonimmigrant workers described in 
     section 101(a)(15)(H)(ii)(b).
       ``(i) The amount of the fee imposed under subparagraph (A) 
     shall be $150.''.
       (b) Use of Fees.--
       (1) Fraud prevention and detection account.--Subsection (v) 
     of section 286 of the Immigration and Nationality Act (8 
     U.S.C. 1356), as added by section 426(b) of division J of the 
     Consolidated Appropriations Act, 2005 (Public Law 108-447), 
     is amended--
       (A) in paragraphs (1), (2)(A), (2)(B), (2)(C), and (2)(D) 
     by striking ``H1-B and L'' each place it appears;
       (B) in paragraph (1), as amended by subparagraph (A), by 
     striking ``section 214(c)(12)'' and inserting ``paragraph 
     (12) or (13) of section 214(c)'';
       (C) in paragraphs (2)(A)(i) and (2)(B), as amended by 
     subparagraph (A), by striking ``(H)(i)'' each place it 
     appears and inserting ``(H)(i), (H)(ii), ''; and
       (D) in paragraph (2)(D), as amended by subparagraph (A), by 
     inserting before the period at the end ``or for programs and 
     activities to prevent and detect fraud with respect to 
     petitions under paragraph (1) or (2)(A) of section 214(c) to 
     grant an alien nonimmigrant status described in section 
     101(a)(15)(H)(ii)''.
       (2) Conforming amendment.--The heading of such subsection 
     286 is amended by striking ``H1-B and L''.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall take effect on October 1, 2005.

     SEC. 7004. SANCTIONS.

       (a) In General.--Section 214(c) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(c)), as amended by section 3, 
     is further amended by adding at the end the following:
       ``(14)(A) If the Secretary of Homeland Security finds, 
     after notice and an opportunity for a hearing, a substantial 
     failure to meet any of the conditions of the petition to 
     admit or otherwise provide status to a nonimmigrant worker 
     under section 101(a)(15)(H)(ii)(b) or a willful 
     misrepresentation of a material fact in such petition--
       ``(i) the Secretary of Homeland Security may, in addition 
     to any other remedy authorized by law, impose such 
     administrative remedies (including civil monetary penalties 
     in an amount not to exceed $10,000 per violation) as the 
     Secretary of Homeland Security determines to be appropriate; 
     and
       ``(ii) the Secretary of Homeland Security may deny 
     petitions filed with respect to that employer under section 
     204 or paragraph (1) of this subsection during a period of at 
     least 1 year but not more than 5 years for aliens to be 
     employed by the employer.
       ``(iii) The Secretary of Homeland Security may delegate to 
     the Secretary of Labor, with the agreement of the Secretary 
     of Labor, any of the authority given to the Secretary of 
     Homeland Security under subparagraph (A)(i).
       ``(iv) In determining the level of penalties to be assessed 
     under subparagraph (A), the highest penalties shall be 
     reserved for willful failures to meet any of the conditions 
     of the petition that involve harm to United States workers.
       ``(v) In this paragraph, the term `substantial failure' 
     means the willful failure to comply with the requirements of 
     this section that constitutes a significant deviation from 
     the terms and conditions of a petition.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2005.

     SEC. 7005. ALLOCATION OF H-2B VISAS DURING A FISCAL YEAR.

       Section 214(g) of the Immigration and Nationality Act (8 
     U.S.C. 1184(g)), as amended by section 7002, is further 
     amended by adding at the end the following new paragraph:
       ``(j) The numerical limitations of paragraph (1)(B) shall 
     be allocated for a fiscal year so that the total number of 
     aliens who enter the United States pursuant to a visa or 
     other provision of nonimmigrant status under section 
     101(a)(15)(H)(ii)(b) during the first 6 months of such fiscal 
     year is not more than 33,000.''.

     SEC. 7006. SUBMISSION TO CONGRESS OF INFORMATION REGARDING H-
                   2B NONIMMIGRANTS.

       Section 416 of the American Competitiveness and Workforce 
     Improvement Act of 1998 (title IV of division C of Public Law 
     105-277; 8 U.S.C. 1184 note) is amended--
       (1) by striking ``Attorney General'' each place that term 
     appears and inserting ``Secretary of Homeland Security''; and
       (2) by adding at the end the following new subsection:
       ``(d) Provision of Information.--
       ``(1) Quarterly notification.--Beginning not later than 
     March 1, 2006, the Secretary of Homeland Security shall 
     notify, on a quarterly basis, the Committee on the Judiciary 
     of the Senate and the Committee on the Judiciary of House of 
     Representatives of the number of aliens who during the 
     preceding 1-year period--
       ``(A) were issued visas or otherwise provided nonimmigrant 
     status under section 101(a)(15)(H)(ii)(b) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)); or
       ``(B) had such a visa or such status expire or be revoked 
     or otherwise terminated.
       ``(2) Annual submission.--Beginning in fiscal year 2007, 
     the Secretary of Homeland Security shall submit, on an annual 
     basis, to the Committees on the Judiciary of the House of 
     Representatives and the Senate--
       ``(A) information on the countries of origin of, 
     occupations of, and compensation paid to aliens who were 
     issued visas or otherwise provided nonimmigrant status under 
     section 101(a)(15)(H)(ii)(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) during the 
     previous fiscal year;
       ``(B) the number of aliens who had such a visa or such 
     status expire or be revoked or otherwise terminated during 
     each month of such fiscal year; and
       ``(C) the number of aliens who were provided nonimmigrant 
     status under such section during both such fiscal year and 
     the preceding fiscal year.
       ``(3) Information maintained by state.--If the Secretary of 
     Homeland Security determines that information maintained by 
     the

[[Page 6348]]

     Secretary of State is required to make a submission described 
     in paragraph (1) or (2), the Secretary of State shall provide 
     such information to the Secretary of Homeland Security upon 
     request.''.
                                 ______
                                 
  SA 388. Mr. BAYH submitted an amendment intended to be proposed by 
him to the bill H.R. 1268, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2005, to establish and rapidly 
implement regulations for State driver's license and identification 
document security standards, to prevent terrorists from abusing the 
asylum laws of the United States, to unify terrorism-related grounds 
for inadmissibility and removal, to ensure expeditious construction of 
the San Diego border fence, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 169, between lines 8 and 9, insert the following:


         up armored high mobility multipurpose wheeled vehicles

       Sec. 1122. (a) Additional Amount for Other Procurement, 
     Army.--The amount appropriated by this chapter under the 
     heading ``Other Procurement, Army'' is hereby increased by 
     $742,000,000, with the amount of such increase designated as 
     an emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).
       (b) Availability of Funds.--Of the amount appropriated or 
     otherwise made available by this chapter under the heading 
     ``Other Procurement, Army'', as increased by subsection (a), 
     $742,000,000 shall be available for the procurement of up to 
     3,300 Up Armored High Mobility Multipurpose Wheeled Vehicles 
     (UAHMMVs).
       (c) Reports.--(1) Not later 60 days after the date of the 
     enactment of this Act, and every 60 days thereafter until the 
     termination of Operation Iraqi Freedom, the Secretary of 
     Defense shall submit to the congressional defense committees 
     a report setting forth the current requirements of the Armed 
     Forces for armored security vehicles.
       (2) Not later than 90 days after the date of the enactment 
     of this Act, the Secretary shall submit to the congressional 
     defense committees a report setting forth the most effective 
     and efficient options available to the Department of Defense 
     for transporting Up Armored High Mobility Multipurpose 
     Wheeled Vehicles to Iraq and Afghanistan.
                                 ______
                                 
  SA 389. Mr. REID submitted an amendment intended to be proposed by 
him to the bill H.R. 1268, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2005, to establish and rapidly 
implement regulations for State driver's license and identification 
document security standards, to prevent terrorists from abusing the 
asylum laws of the United States, to unify terrorism-related grounds 
for inadmissibility and removal, to ensure expeditious construction of 
the San Diego border fence, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 231, after line 6, add the following:

     SEC. 6047. STATE REGULATION OF RESIDENT AND NONRESIDENT 
                   HUNTING AND FISHING.

       (a) Short Title.--This section may be cited as the 
     ``Reaffirmation of State Regulation of Resident and 
     Nonresident Hunting and Fishing Act of 2005''.
       (b) Declaration of Policy and Construction of Congressional 
     Silence.--
       (1) In general.--It is the policy of Congress that it is in 
     the public interest for each State to continue to regulate 
     the taking for any purpose of fish and wildlife within its 
     boundaries, including by means of laws or regulations that 
     differentiate between residents and nonresidents of such 
     State with respect to the availability of licenses or permits 
     for taking of particular species of fish or wildlife, the 
     kind and numbers of fish and wildlife that may be taken, or 
     the fees charged in connection with issuance of licenses or 
     permits for hunting or fishing.
       (2) Construction of congressional silence.--Silence on the 
     part of Congress shall not be construed to impose any barrier 
     under clause 3 of Section 8 of Article I of the Constitution 
     (commonly referred to as the ``commerce clause'') to the 
     regulation of hunting or fishing by a State or Indian tribe.
       (c) Limitations.--Nothing in this section shall be 
     construed--
       (1) to limit the applicability or effect of any Federal law 
     related to the protection or management of fish or wildlife 
     or to the regulation of commerce;
       (2) to limit the authority of the United States to prohibit 
     hunting or fishing on any portion of the lands owned by the 
     United States; or
       (3) to abrogate, abridge, affect, modify, supersede or 
     alter any treaty-reserved right or other right of any Indian 
     tribe as recognized by any other means, including, but not 
     limited to, agreements with the United States, Executive 
     Orders, statutes, and judicial decrees, and by Federal law.
       (d) State Defined.--For purposes of this section, the term 
     ``State'' includes the several States, the District of 
     Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin 
     Islands, American Samoa, and the Commonwealth of the Northern 
     Mariana Islands.
                                 ______
                                 
  SA 390. Mr. OBAMA (for himself, Mr. Graham, Mr. Bingaman, and Mr. 
Corzine) submitted an amendment intended to be proposed by him to the 
bill H.R. 1268, making emergency supplemental appropriations for the 
fiscal year ending September 30, 2005, to establish and rapidly 
implement regulations for State driver's license and identification 
document security standards, to prevent terrorists from abusing the 
asylum laws of the United States, to unify terrorism-related grounds 
for inadmissibility and removal, to ensure expeditious construction of 
the San Diego border fence, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. BENEFITS FOR MEMBERS OF THE ARMED FORCES 
                   RECUPERATING FROM INJURIES INCURRED IN 
                   OPERATION IRAQI FREEDOM OR OPERATION ENDURING 
                   FREEDOM.

       (a) Prohibition on Charges for Meals.--
       (1) Prohibition.--A member of the Armed Forces entitled to 
     a basic allowance for subsistence under section 402 of title 
     37, United States Code, who is undergoing medical 
     recuperation or therapy, or is otherwise in the status of 
     ``medical hold'', in a military treatment facility for an 
     injury, illness, or disease incurred or aggravated while on 
     active duty in the Armed Forces in Operation Iraqi Freedom or 
     Operation Enduring Freedom shall not, during any month in 
     which so entitled, be required to pay any charge for meals 
     provided such member by the military treatment facility.
       (2) Effective date.--The limitation in paragraph (1) shall 
     take effect on January 1, 2005, and shall apply with respect 
     to meals provided members of the Armed Forces as described in 
     that paragraph on or after that date.
       (b) Telephone Benefits.--
       (1) Provision of access to telephone service.--The 
     Secretary of Defense shall provide each member of the Armed 
     Forces who is undergoing in any month medical recuperation or 
     therapy, or is otherwise in the status of ``medical hold'', 
     in a military treatment facility for an injury, illness, or 
     disease incurred or aggravated while on active duty in the 
     Armed Forces in Operation Iraqi Freedom or Operation Enduring 
     Freedom access to telephone service at or through such 
     military treatment facility in an amount for such month 
     equivalent to the amount specified in paragraph (2).
       (2) Monthly amount of access.--The amount of access to 
     telephone service provided a member of the Armed Forces under 
     paragraph (1) in a month shall be the number of calling 
     minutes having a value equivalent to $40.
       (3) Eligibility at any time during month.--A member of the 
     Armed Forces who is eligible for the provision of telephone 
     service under this subsection at any time during a month 
     shall be provided access to such service during such month in 
     accordance with that paragraph, regardless of the date of the 
     month on which the member first becomes eligible for the 
     provision of telephone service under this subsection.
       (4) Use of existing resources.--In carrying out this 
     subsection, the Secretary shall maximize the use of existing 
     Department of Defense telecommunications programs and 
     capabilities, private organizations, or other private 
     entities offering free or reduced-cost telecommunications 
     services.
       (5) Commencement.--
       (A) In general.--This subsection shall take effect on the 
     first day of the first month beginning on or after the date 
     of the enactment of this Act.
       (B) Expedited provision of access.--The Secretary shall 
     commence the provision of access to telephone service under 
     this subsection as soon as practicable after the date of the 
     enactment of this Act.
       (6) Termination.--The Secretary shall cease the provision 
     of access to telephone service under this subsection on the 
     date this is 60 days after the later of--
       (A) the date, as determined by the Secretary, on which 
     Operation Enduring Freedom terminates; or
       (B) the date, as so determined, on which Operation Iraqi 
     Freedom terminates.
                                 ______
                                 
  SA 391. Mr. OBAMA (for himself and Mr. Durbin) submitted an amendment 
intended to be proposed by him to the bill H.R. 1268, making emergency 
supplemental appropriations for the fiscal year ending September 30, 
2005, to establish and rapidly implement regulations for State driver's 
license and

[[Page 6349]]

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

       At the appropriate place, insert the following:

                      DEPARTMENT OF DEFENSE--CIVIL

                         Department of the Army


                  OPERATIONS AND MAINTENANCE, GENERAL

       For an additional amount for the Secretary of the Army, 
     acting through the Chief of Engineers, to repair damage 
     caused by flooding in the Kaskaskia River during January, 
     2005, to the Lake Shelbyville and Carlyle Lake projects, 
     $5,400,000, to remain available until expended: Provided, 
     That the amounts provided under this heading are designated 
     as an emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).
                                 ______
                                 
  SA 392. Mr. OBAMA submitted an amendment intended to be proposed by 
him to the bill H.R. 1268, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2005, to establish and rapidly 
implement regulations for State driver's license and identification 
document security standards, to prevent terrorists from abusing the 
asylum laws of the United States, to unify terrorism-related grounds 
for inadmissibility and removal, to ensure expeditious construction of 
the San Diego border fence, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 169, between lines 8 and 9, insert the following:


   epilepsy research by department of defense peer reviewed medical 
                            research program

       Sec. 1122. Of the amount appropriated or otherwise made 
     available by this chapter under the heading ``Defense Health 
     Program'', $1,000,000 shall be available for the Department 
     of Defense Peer Reviewed Medical Research Program for 
     epilepsy research, including--
       (1) research into the relationship between traumatic brain 
     injury and epilepsy; and
       (2) research on the development of tools to monitor 
     epilepsy.
                                 ______
                                 
  SA 393. Mr. KENNEDY submitted an amendment intended to be proposed by 
him to the bill H.R. 1268, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2005, to establish and rapidly 
implement regulations for State driver's license and identification 
document security standards, to prevent terrorists from abusing the 
asylum laws of the United States, to unify terrorism-related grounds 
for inadmissibility and removal, to ensure expeditious construction of 
the San Diego border fence, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. IMPLEMENTATION OF MISSION CHANGES AT SPECIFIC 
                   VETERANS HEALTH ADMINISTRATION FACILITIES.

       (a) In General.--Section 414 of the Veterans Health 
     Programs Improvement Act of 2004, is amended by adding at the 
     end the following:
       ``(h) Definition.--In this section, the term `medical 
     center' includes any outpatient clinic.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as if included in the Veterans Health 
     Programs Improvement Act of 2004 (Public Law 108-422).
                                 ______
                                 
  SA 394. Mr. WARNER submitted an amendment intended to be proposed by 
her to the bill H.R. 1268, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2005, to establish and rapidly 
implement regulations for State driver's license and identification 
document security standards, to prevent terrorists from abusing the 
asylum laws of the United States, to unify terrorism-related grounds 
for inadmissibility and removal, to ensure expeditious construction of 
the San Diego border fence, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 169, between lines 8 and 9, insert the following:


 Re-use and redevelopment of closed or realigned military installations

       Sec. 1122 (a) In order to assist communities with 
     preparations for the results of the 2005 round of defense 
     base closure and realignment, and consistent with assistance 
     provided to communities by the Department of Defense in 
     previous rounds of base closure and realignment, the 
     Secretary of Defense shall, not later than July 15, 2005, 
     submit to the congressional defense committees a report on 
     the processes and policies of the Federal Government for 
     disposal of property at military installations proposed to be 
     closed or realigned as part of the 2005 round of base closure 
     and realignment, and the assistance available to affected 
     local communities for re-use and redevelopment decisions.
       (b) The report under subsection (a) shall include--
       (1) a description of the processes of the Federal 
     Government for disposal of property at military installations 
     proposed to be closed or realigned;
       (2) a description of Federal Government policies for 
     providing re-use and redevelopment assistance;
       (3) a catalogue of community assistance programs that are 
     provided by the Federal Government related to the re-use and 
     redevelopment of closed or realigned military installations;
       (4) a description of the services, policies, and resources 
     of the Department of Defense that are available to assist 
     communities affected by the closing or realignment of 
     military installations as a result of the 2005 round of base 
     closure and realignment;
       (5) guidance to local communities on the establishment of 
     local redevelopment authorities and the implementation of a 
     base redevelopment plan; and
       (6) a description of the policies and responsibilities of 
     the Department of Defense related to environmental clean-up 
     and restoration of property disposed by the Federal 
     Government.
                                 ______
                                 
  SA 395. Mrs. FEINSTEIN (for herself, Mr. Brownback, Mr. Lieberman, 
Mr. Alexander, Mr. Leahy, Mrs. Clinton, and Mrs. Boxer) proposed an 
amendment to the bill H.R. 1268, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2005, to 
establish and rapidly implement regulations for State driver's license 
and identification document security standards, to prevent terrorists 
from abusing the asylum laws of the United States, to unify terrorism-
related grounds for inadmissibility and removal, to ensure expeditious 
construction of the San Diego border fence, and for other purposes; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. SENSE OF THE SENATE.

       It is the sense of the Senate that--
       (1) the Senate conferees should not agree to the inclusion 
     of language from division B of the Act (as passed by the 
     House of Representatives on March 16, 2005) in the conference 
     report;
       (2) the language referred to in paragraph (1) is contained 
     in H.R. 418, which was--
       (A) passed by the House of Representatives on February 10, 
     2005; and
       (B) referred to the Committee on the Judiciary of the 
     Senate on February 17, 2005; and
       (3) the Committee on the Judiciary is the appropriate 
     committee to address this matter.
                                 ______
                                 
  SA 396. Mr. KOHL submitted an amendment intended to be proposed by 
him to the bill H.R. 1268, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2005, to establish and rapidly 
implement regulations for State driver's license and identification 
document security standards, to prevent terrorists from abusing the 
asylum laws of the United States, to unify terrorism-related grounds 
for inadmissibility and removal, to ensure expeditious construction of 
the San Diego border fence, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. DEFINITION OF IMMEDIATE RELATIVES.

       Section 201(b)(2)(A)(i) of the Immigration and Nationality 
     Act (8 U.S.C. 1151(b)(2)(A)(i)) is amended by inserting ``In 
     the case of a parent of a citizen of the United States who 
     has a child (as defined in section 101(b)(1)), the child 
     shall be considered, for purposes of this subsection, to be 
     an immediate relative if accompanying or following to join 
     the parent.'' after ``21 years of age.''.
                                 ______
                                 
  SA 397. Mr. LEVIN submitted an amendment intended to be proposed by 
him to the bill H.R. 1268, making emergency supplemental appropriations 
for the fiscal year ending September 30,

[[Page 6350]]

2005, to establish and rapidly implement regulations for State driver's 
license and identification document security standards, to prevent 
terrorists from abusing the asylum laws of the United States, to unify 
terrorism-related grounds for inadmissibility and removal, to ensure 
expeditious construction of the San Diego border fence, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 231, between lines 3 and 4, insert the following:
       Sec. 6047. Section 426(d) of the Water Resources 
     Development Act of 1999 (113 Stat. 326) is amended by 
     striking ``$400,000'' and inserting ``$475,000''.
                                 ______
                                 
  SA 398. Mr. DORGAN (for himself, Mr. Durbin, Mr. Lautenberg, and Mr. 
Harkin) submitted an amendment intended to be proposed by him to the 
bill H.R. 1268, making emergency supplemental appropriations for the 
fiscal year ending September 30, 2005, to establish and rapidly 
implement regulations for State driver's license and identification 
document security standards, to prevent terrorists from abusing the 
asylum laws of the United States, to unify terrorism-related grounds 
for inadmissibility and removal, to ensure expeditious construction of 
the San Diego border fence, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 231, after line 6, add the following:

   TITLE VII--SPECIAL COMMITTEE OF SENATE ON WAR AND RECONSTRUCTION 
                              CONTRACTING

     SEC. 7001. FINDINGS.

       Congress makes the following findings:
       (1) The wars in Iraq and Afghanistan have exerted very 
     large demands on the Treasury of the United States and 
     required tremendous sacrifice by the members of the Armed 
     Forces of the United States.
       (2) Congress has a constitutional responsibility to ensure 
     comprehensive oversight of the expenditure of United States 
     Government funds.
       (3) Waste and corporate abuse of United States Government 
     resources are particularly unacceptable and reprehensible 
     during times of war.
       (4) The magnitude of the funds involved in the 
     reconstruction of Afghanistan and Iraq and the war on 
     terrorism, together with the speed with which these funds 
     have been committed, presents a challenge to the effective 
     performance of the traditional oversight function of Congress 
     and the auditing functions of the executive branch.
       (5) The Senate Special Committee to Investigate the 
     National Defense Program, popularly know as the Truman 
     Committee, which was established during World War II, offers 
     a constructive precedent for bipartisan oversight of wartime 
     contracting that can also be extended to wartime and postwar 
     reconstruction activities.
       (6) The Truman Committee is credited with an extremely 
     successful investigative effort, performance of a significant 
     public education role, and achievement of fiscal savings 
     measured in the billions of dollars.
       (7) The public has a right to expect that taxpayer 
     resources will be carefully disbursed and honestly spent.

     SEC. 7002. SPECIAL COMMITTEE ON WAR AND RECONSTRUCTION 
                   CONTRACTING.

       There is established a special committee of the Senate to 
     be known as the Special Committee on War and Reconstruction 
     Contracting (hereafter in this title referred to as the 
     ``Special Committee'').

     SEC. 7003. PURPOSE AND DUTIES.

       (a) Purpose.--The purpose of the Special Committee is to 
     investigate the awarding and performance of contracts to 
     conduct military, security, and reconstruction activities in 
     Afghanistan and Iraq and to support the prosecution of the 
     war on terrorism.
       (b) Duties.--The Special Committee shall examine the 
     contracting actions described in subsection (a) and report on 
     such actions, in accordance with this section, regarding--
       (1) bidding, contracting, accounting, and auditing 
     standards for Federal Government contracts;
       (2) methods of contracting, including sole-source contracts 
     and limited competition or noncompetitive contracts;
       (3) subcontracting under large, comprehensive contracts;
       (4) oversight procedures;
       (5) consequences of cost-plus and fixed price contracting;
       (6) allegations of wasteful and fraudulent practices;
       (7) accountability of contractors and Government officials 
     involved in procurement and contracting;
       (8) penalties for violations of law and abuses in the 
     awarding and performance of Government contracts; and
       (9) lessons learned from the contracting process used in 
     Iraq and Afghanistan and in connection with the war on 
     terrorism with respect to the structure, coordination, 
     management policies, and procedures of the Federal 
     Government.
       (c) Investigation of Wasteful and Fraudulent Practices.--
     The investigation by the Special Committee of allegations of 
     wasteful and fraudulent practices under subsection (b)(6) 
     shall include investigation of allegations regarding any 
     contract or spending entered into, supervised by, or 
     otherwise involving the Coalition Provisional Authority, 
     regardless of whether or not such contract or spending 
     involved appropriated funds of the United States.
       (d) Evidence Considered.--In carrying out its duties, the 
     Special Committee shall ascertain and evaluate the evidence 
     developed by all relevant governmental agencies regarding the 
     facts and circumstances relevant to contracts described in 
     subsection (a) and any contract or spending covered by 
     subsection (c).

     SEC. 7004. COMPOSITION OF SPECIAL COMMITTEE.

       (a) Membership.--
       (1) In general.--The Special Committee shall consist of 7 
     members of the Senate of whom--
       (A) 4 members shall be appointed by the President pro 
     tempore of the Senate, in consultation with the majority 
     leader of the Senate; and
       (B) 3 members shall be appointed by the minority leader of 
     the Senate.
       (2) Date.--The appointments of the members of the Special 
     Committee shall be made not later than 90 days after the date 
     of the enactment of this Act.
       (b) Vacancies.--Any vacancy in the Special Committee shall 
     not affect its powers, but shall be filled in the same manner 
     as the original appointment.
       (c) Service.--Service of a Senator as a member, chairman, 
     or ranking member of the Special Committee shall not be taken 
     into account for the purposes of paragraph (4) of rule XXV of 
     the Standing Rules of the Senate.
       (d) Chairman and Ranking Member.--The chairman of the 
     Special Committee shall be designated by the majority leader 
     of the Senate, and the ranking member of the Special 
     Committee shall be designated by the minority leader of the 
     Senate.
       (e) Quorum.--
       (1) Reports and recommendations.--A majority of the members 
     of the Special Committee shall constitute a quorum for the 
     purpose of reporting a matter or recommendation to the 
     Senate.
       (2) Testimony.--One member of the Special Committee shall 
     constitute a quorum for the purpose of taking testimony.
       (3) Other business.--A majority of the members of the 
     Special Committee, or \1/3\ of the members of the Special 
     Committee if at least one member of the minority party is 
     present, shall constitute a quorum for the purpose of 
     conducting any other business of the Special Committee.

     SEC. 7005. RULES AND PROCEDURES.

       (a) Governance Under Standing Rules of Senate.--Except as 
     otherwise specifically provided in this resolution, the 
     investigation, study, and hearings conducted by the Special 
     Committee shall be governed by the Standing Rules of the 
     Senate.
       (b) Additional Rules and Procedures.--The Special Committee 
     may adopt additional rules or procedures if the chairman and 
     ranking member agree that such additional rules or procedures 
     are necessary to enable the Special Committee to conduct the 
     investigation, study, and hearings authorized by this 
     resolution. Any such additional rules and procedures--
       (1) shall not be inconsistent with this resolution or the 
     Standing Rules of the Senate; and
       (2) shall become effective upon publication in the 
     Congressional Record.

     SEC. 7006. AUTHORITY OF SPECIAL COMMITTEE.

       (a) In General.--The Special Committee may exercise all of 
     the powers and responsibilities of a committee under rule 
     XXVI of the Standing Rules of the Senate.
       (b) Hearings.--The Special Committee or, at its direction, 
     any subcommittee or member of the Special Committee, may, for 
     the purpose of carrying out this resolution--
       (1) hold such hearings, sit and act at such times and 
     places, take such testimony, receive such evidence, and 
     administer such oaths as the Special Committee or such 
     subcommittee or member considers advisable; and
       (2) require, by subpoena or otherwise, the attendance and 
     testimony of such witnesses and the production of such books, 
     records, correspondence, memoranda, papers, documents, tapes, 
     and materials as the Special Committee considers advisable.
       (c) Issuance and Enforcement of Subpoenas.--
       (1) Issuance.--Subpoenas issued under subsection (b) shall 
     bear the signature of the Chairman of the Special Committee 
     and shall be served by any person or class of persons 
     designated by the Chairman for that purpose.
       (2) Enforcement.--In the case of contumacy or failure to 
     obey a subpoena issued under subsection (a), the United 
     States district court for the judicial district in which the 
     subpoenaed person resides, is served, or may be found may 
     issue an order requiring such person to appear at any 
     designated place to testify or to produce documentary

[[Page 6351]]

     or other evidence. Any failure to obey the order of the court 
     may be punished by the court as a contempt of that court.
       (d) Meetings.--The Special Committee may sit and act at any 
     time or place during sessions, recesses, and adjournment 
     periods of the Senate.

     SEC. 7007. REPORTS.

       (a) Initial Report.--The Special Committee shall submit to 
     the Senate a report on the investigation conducted pursuant 
     to section 7003 not later than 270 days after the appointment 
     of the Special Committee members.
       (b) Updated Report.--The Special Committee shall submit an 
     updated report on such investigation not later than 180 days 
     after the submission of the report under subsection (a).
       (c) Additional Reports.--The Special Committee may submit 
     any additional report or reports that the Special Committee 
     considers appropriate.
       (d) Findings and Recommendations.--The reports under this 
     section shall include findings and recommendations of the 
     Special Committee regarding the matters considered under 
     section 7003.
       (e) Disposition of Reports.--Any report made by the Special 
     Committee when the Senate is not in session shall be 
     submitted to the Clerk of the Senate. Any report made by the 
     Special Committee shall be referred to the committee or 
     committees that have jurisdiction over the subject matter of 
     the report.

     SEC. 7008. ADMINISTRATIVE PROVISIONS.

       (a) Staff.--
       (1) In general.--The Special Committee may employ in 
     accordance with paragraph (2) a staff composed of such 
     clerical, investigatory, legal, technical, and other 
     personnel as the Special Committee, or the chairman or the 
     ranking member, considers necessary or appropriate.
       (2) Appointment of staff.--
       (A) In general.--The Special Committee shall appoint a 
     staff for the majority, a staff for the minority, and a 
     nondesignated staff.
       (B) Majority staff.--The majority staff shall be appointed, 
     and may be removed, by the chairman and shall work under the 
     general supervision and direction of the chairman.
       (C) Minority staff.--The minority staff shall be appointed, 
     and may be removed, by the ranking member of the Special 
     Committee, and shall work under the general supervision and 
     direction of such member.
       (D) Nondesignated staff.--Nondesignated staff shall be 
     appointed, and may be removed, jointly by the chairman and 
     the ranking member, and shall work under the joint general 
     supervision and direction of the chairman and ranking member.
       (b) Compensation.--
       (1) Majority staff.--The chairman shall fix the 
     compensation of all personnel of the majority staff of the 
     Special Committee.
       (2) Minority staff.--The ranking member shall fix the 
     compensation of all personnel of the minority staff of the 
     Special Committee.
       (3) Nondesignated staff.--The chairman and ranking member 
     shall jointly fix the compensation of all nondesignated staff 
     of the Special Committee, within the budget approved for such 
     purposes for the Special Committee.
       (c) Reimbursement of Expenses.--The Special Committee may 
     reimburse the members of its staff for travel, subsistence, 
     and other necessary expenses incurred by such staff members 
     in the performance of their functions for the Special 
     Committee.
       (d) Payment of Expenses.--There shall be paid out of the 
     applicable accounts of the Senate such sums as may be 
     necessary for the expenses of the Special Committee. Such 
     payments shall be made on vouchers signed by the chairman of 
     the Special Committee and approved in the manner directed by 
     the Committee on Rules and Administration of the Senate. 
     Amounts made available under this subsection shall be 
     expended in accordance with regulations prescribed by the 
     Committee on Rules and Administration of the Senate.

     SEC. 7009. TERMINATION.

       The Special Committee shall terminate on February 28, 2007.

     SEC. 7010. SENSE OF SENATE ON CERTAIN CLAIMS REGARDING THE 
                   COALITION PROVISIONAL AUTHORITY.

       It is the sense of the Senate that any claim of fraud, 
     waste, or abuse under the False Claims Act that involves any 
     contract or spending by the Coalition Provisional Authority 
     should be considered a claim against the United States 
     Government.
                                 ______
                                 
  SA 399. Mr. DORGAN submitted an amendment intended to be proposed by 
him to the bill H.R. 1268, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2005, to establish and rapidly 
implement regulations for State driver's license and identification 
document security standards, to prevent terrorists from abusing the 
asylum laws of the United States, to unify terrorism-related grounds 
for inadmissibility and removal, to ensure expeditious construction of 
the San Diego border fence, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the end of the bill, add the following:
       Sec. __. (a) None of the funds appropriated or made 
     available in this Act or any other Act may be used to fund 
     the independent counsel investigation of Henry Cisneros after 
     June 1, 2005.
       (b) Not later than July 1, 2005, the Government 
     Accountability Office shall provide the Committee on 
     Appropriations of each House with a detailed accounting of 
     the costs associated with the independent counsel 
     investigation of Henry Cisneros.
                                 ______
                                 
  SA 400. Mr. JEFFORDS submitted an amendment intended to be proposed 
by him to the bill H.R. 1268, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2005, to 
establish and rapidly implement regulations for State driver's license 
and identification document security standards, to prevent terrorists 
from abusing the asylum laws of the United States, to unify terrorism-
related grounds for inadmissibility and removal, to ensure expeditious 
construction of the San Diego border fence, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. COVERAGE OF MILK PRODUCTION UNDER H-2A NONIMMIGRANT 
                   WORKER PROGRAM.

       (a) In General.--For purposes of the administration of the 
     H-2A worker program in a year, work performed in the 
     production of milk for commercial use for a period not to 
     exceed 10 months shall qualify as agriculture labor or 
     services of a seasonal nature.
       (b) Definitions.--In this section:
       (1) H-2a nonimmigrant worker program.--The term ``H-2A 
     nonimmigrant worker program'' means the program for the 
     admission to the United States of H-2A nonimmigrant workers.
       (2) H-2a nonimmigrant workers.--The term ``H-2A worker'' 
     means a nonimmigrant alien 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)).
                                 ______
                                 
  SA 401. Mr. COCHRAN (for Mr. McConnell) proposed an amendment to the 
bill H.R. 1268, Making emergency supplemental appropriations for the 
fiscal year ending September 30, 2005, to establish and rapidly 
implement regulations for State driver's license and identification 
document security standards, to prevent terrorists from abusing the 
asylum laws of the United States, to unify terrorism-related grounds 
for inadmissibility and removal, to ensure expeditious construction of 
the San Diego border fence, and for other purposes; as follows:

       On page 193, line 23 of the bill, strike ``$500,000'' and 
     insert in lieu thereof: ``$1,000,000''.
                                 ______
                                 
  SA 402. Mr. COCHRAN (for Mr. McConnell (for himself, Mr. Leahy, and 
Mr. Obama)) proposed an amendment to the bill H.R. 1268, Making 
emergency supplemental appropriations for the fiscal year ending 
September 30, 2005, to establish and rapidly implement regulations for 
State driver's license and identification document security standards, 
to prevent terrorists from abusing the asylum laws of the United 
States, to unify terrorism-related grounds for inadmissibility and 
removal, to ensure expeditious construction of the San Diego border 
fence, and for other purposes; as follows:

       On page 192, line 19, after ``March 2005,'' insert ``and 
     the avian influenza virus,''.
                                 ______
                                 
  SA 403. Mr. COCHRAN (for Mr. Lugar (for himself and Mr. Biden)) 
proposed an amendment to the bill H.R. 1268, Making emergency 
supplemental appropriations for the fiscal year ending September 30, 
2005, to establish and rapidly implement regulations for State driver's 
license and identification document security standards, to prevent 
terrorists from abusing the asylum laws of the United States, to unify 
terrorism-related grounds for inadmissibility and removal, to ensure 
expeditious construction of the San Diego border fence, and for other 
purposes; as follows:

       On page 171, line 13, strike ``$757,700,000'' and insert 
     ``$767,200,000''.

       On page 171, line 21, after ``education:'' insert the 
     following ``Provided further, That of the funds appropriated 
     under this heading, $17,200,000 should be made available for 
     the

[[Page 6352]]

     Office of the Coordinator for Reconstruction and 
     Stabilization:''.

       On page 179, line 24, strike ``$40,000,000'' and insert 
     ``$30,500,000''.
                                 ______
                                 
  SA 404. Mr. COCHRAN (for Mr. Leahy) proposed an amendment to the bill 
H.R. 1268, making emergency supplemental appropriations for the fiscal 
year ending September 30, 2005, to establish and rapidly implement 
regulations for State driver's license and identification document 
security standards, to prevent terrorists from abusing the asylum laws 
of the United States, to unify terrorism-related grounds for 
inadmissibility and removal, to ensure expeditious construction of the 
San Diego border fence, and for other purposes; as follows:

       On page 194, line 7, delete ``Aceh'' and everything 
     thereafter through ``Service'' on line 9, and insert in lieu 
     thereof:

     tsunami affected countries
                                 ______
                                 
  SA 405. Mr. COCHRAN (for Mr. Leahy) proposed an amendment to the bill 
H.R. 1268, making emergency supplemental appropriations for the fiscal 
year ending September 30, 2005, to establish and rapidly implement 
regulations for State driver's license and identification document 
security standards, to prevent terrorists from abusing the asylum laws 
of the United States, to unify terrorism-related grounds for 
inadmissibility and removal, to ensure expeditious construction of the 
San Diego border fence, and for other purposes; as follows:

       On page 194, line 19, after the colon insert the following:
       Provided further, That funds appropriated under this 
     heading shall be subject to the regular notification 
     procedures of the Committees on Appropriations, except that 
     such notifications shall be submitted no less than five days 
     prior to the obligation of funds:
                                 ______
                                 
  SA 406. Mr. BAYH (for himself, Mr. Pryor, and Mr. Corzine) proposed 
an amendment to the bill H.R. 1268, Making emergency supplemental 
appropriations for the fiscal year ending September 30, 2005, to 
establish and rapidly implement regulations for State driver's license 
and identification document security standards, to prevent terrorists 
from abusing the asylum laws of the United States, to unify terrorism-
related grounds for inadmissibility and removal, to ensure expeditious 
construction of the San Diego border fence, and for other purposes; as 
follows:

       On page 170 between lines 14 and 15, insert the following:

                               CHAPTER 3

     SEC. 1201. SHORT TITLE.

       This chapter may be cited as the ``Patriot Penalty 
     Elimination Act of 2005''.

     SEC. 1202. INCOME PRESERVATION PAY FOR RESERVES SERVING ON 
                   ACTIVE DUTY IN SUPPORT OF A CONTINGENCY 
                   OPERATION.

       (a) Authority.--Chapter 1209 of title 10, United States 
     Code, is amended by inserting after section 12316 the 
     following new section:

     ``Sec. 12316a. Reserves: income preservation pay

       ``(a) Requirement To Pay.--The Secretary of the military 
     department concerned shall pay income preservation pay under 
     this section to an eligible member of a reserve component of 
     the armed forces in connection with the member's active-duty 
     service as described in subsection (b).
       ``(b) Eligible Member.--A member is eligible for income 
     preservation pay if--
       ``(1) in the case of a member who is an employee of the 
     Federal Government--
       ``(A) the member is called or ordered to active duty (other 
     than voluntarily) under a provision of law referred to in 
     section 101(a)(13)(B) of this title;
       ``(B) pursuant to such call or order, the member serves on 
     active duty outside the United States during at least 6 out 
     of 12 consecutive months; and
       ``(C) with respect to such active-duty service, the amount 
     of the member's preservice earned income determined under 
     subparagraph (A) of subsection (c)(1) exceeds the amount of 
     the member's military service income determined under 
     subparagraph (B) of such subsection; or
       ``(2) in the case of any other member, the member--
       ``(A) meets the requirements of paragraph (1); and
       ``(B) is not receiving employment income preservation 
     payments from the qualifying employer of the member as 
     described in section 12316b of this title.
       ``(c) Amount.--(1) Subject to paragraph (2), the amount 
     payable under this section to a member in connection with 
     active-duty service is the amount equal to the excess (if 
     any) of--
       ``(A) the amount computed by multiplying--
       ``(i) the preservice average monthly earned income of the 
     member, by
       ``(ii) the total number of the member's service months for 
     such active-duty service, over
       ``(B) the amount computed by multiplying--
       ``(i) the military service average monthly income of the 
     member, by
       ``(ii) the total number of months determined under 
     subparagraph (A)(ii).
       ``(2) The total amount of income preservation pay that is 
     paid to a member under this section may not exceed $10,000.
       ``(d) Preservice Average Monthly Earned Income.--For the 
     purposes of this section, the preservice average monthly 
     earned income of a member who serves on active duty as 
     described in subsection (b) shall be computed by dividing 12 
     into the total amount of the member's earned income for the 
     12 months immediately preceding the member's first service 
     month of the period for which income preservation pay is to 
     be paid to the member under this section.
       ``(e) Military Service Average Monthly Income.--For the 
     purposes of this section, the military service average 
     monthly income of a member who serves on active duty as 
     described in subsection (b) is the amount determined by 
     dividing--
       ``(1) the sum of the total amount of the member's earned 
     income (other than basic pay, special and incentive pays, and 
     allowances) and the total amount of the member's basic pay 
     (under section 204 of title 37), any special and incentive 
     pays paid to the member (under chapter 5 of title 37), and 
     any allowances paid to the member (under chapter 7 of title 
     37) for the member's service months for such active-duty 
     service, by
       ``(2) the total number of such months.
       ``(f) Time and Manner of Payment.--(1) Subject to paragraph 
     (2), the total amount of income preservation pay that is 
     payable under this section to a member in connection with 
     service on active duty is due and payable, in one lump sum, 
     not later than 30 days after the date on which the member is 
     released from the active duty.
       ``(2) The Secretary concerned may make advance payment of 
     income preservation pay in whole or in part under this 
     section to a member, under such terms and conditions as the 
     Secretary determines appropriate, if it is clear from the 
     circumstances that it is likely that the member's active-duty 
     service will satisfy the requirements of subsection (b). In 
     any case in which advance payment is made to a member whose 
     period of such active-duty service does not satisfy such 
     requirements, the Secretary concerned may waive recoupment of 
     the advance payment if the Secretary determines that 
     recoupment would be against equity and good conscience or 
     would be contrary to the best interests of the United States.
       ``(g) Definitions.--In this section:
       ``(1) The term ``earned income'' has the meaning given such 
     term in section 32(c)(2) of the Internal Revenue Code of 
     1986.
       ``(2) The term `service month', with respect to service of 
     a member of a reserve component of the armed forces on active 
     duty, means a month during any part of which the member 
     serves on active duty.
       ``(h) Termination of Authority.--This section shall cease 
     to be effective on the first day of the first month that 
     begins on or after the date that is five years after the date 
     of the enactment of the Patriot Penalty Elimination Act of 
     2005.''.
       (b) Recharacterization of Existing Section on Payment of 
     Certain Reserves on Active Duty.--The heading of section 
     12316 of title 10, United States Code, is amended to read as 
     follows:

     ``Sec. 12316. Reserves: payment of other entitlement instead 
       of pay and allowances''.

       (c) Clerical Amendment.--The table of sections at the 
     beginning of chapter 1209 of title 10, United States Code, is 
     amended by striking the item relating to section 12316 and 
     inserting the following new items:

``12316. Reserves: payment of other entitlement instead of pay and 
              allowances.
``12316a. Reserves: income preservation pay.''.

       (d) Effective Date.--Section 12316a of title 10, United 
     States Code (as added by subsection (a)), shall take effect 
     as of January 1, 2003, and shall apply with respect to 
     active-duty service that begins on or after such date.

     SEC. 1203. EMPLOYMENT INCOME PRESERVATION ASSISTANCE GRANTS 
                   FOR EMPLOYERS OF RESERVES.

       (a) Authority.--Chapter 1209 of title 10, United States 
     Code, as amended by section 1202(a) of this chapter, is 
     further amended by inserting after section 12316a the 
     following new section:

     ``Sec. 12316b. Reserves: employment income preservation 
       assistance grants for employers of reserves

       ``(a) Requirement To Make Grants.--The Secretary of the 
     military department concerned shall make a grant to each 
     qualifying employer to assist such employer in making 
     employment income preservation payments to a covered member 
     of a reserve component of the armed forces who is an employee 
     of such employer to assist the member in preserving the 
     preservice average monthly wage

[[Page 6353]]

     or salary of the member in connection with the member's 
     active-duty service as described in subsection (c).
       ``(b) Qualifying Employer.--(1) Except as provided in 
     paragraph (2), for the purposes of this section, a qualifying 
     employer is any employer who makes employment income 
     preservation payments to a covered member to assist the 
     member in preserving the preservice average monthly wage or 
     salary of the member in connection with the member's active-
     duty service as described in subsection (c).
       ``(2) A State or local government is not a qualifying 
     employer for the purpose of this section.
       ``(c) Covered Member.--For the purposes of this section, a 
     member is a covered member if--
       ``(1) the member is called or ordered to active duty (other 
     than voluntarily) under a provision of law referred to in 
     section 101(a)(13)(B) of this title;
       ``(2) pursuant to such call or order, the member serves on 
     active duty outside the United States during at least 6 out 
     of 12 consecutive months; and
       ``(3) with respect to such active-duty service, the amount 
     of the member's preservice average monthly wage or salary (as 
     determined under subsection (e)) exceeds the amount of the 
     member's military service average monthly income (as 
     determined under subsection (f)).
       ``(d) Employment Income Preservation Payments.--(1) For the 
     purposes of this section, employment income preservation 
     payments are any payments made by a qualifying employer to a 
     covered member in connection with the active-duty service of 
     the member described in subsection (c) in order to make up 
     any excess of the member's preservice average monthly wage or 
     salary over the member's military service average monthly 
     income.
       ``(2) The total amount of employment income preservation 
     payments with respect to a covered member for which a grant 
     may be made under subsection (a) may not exceed $10,000.
       ``(e) Preservice Average Monthly Wage or Salary.--For the 
     purposes of this section, the preservice average monthly wage 
     or salary of a covered member who serves on active duty as 
     described in subsection (c) shall be computed by dividing--
       ``(1) the number of months of employment of the member with 
     the qualifying employer during the 12-month period preceding 
     the member's commencement on active duty as described in 
     subsection (c); into
       ``(2) the total amount of the member's wage or salary paid 
     by the qualifying employer during such months.
       ``(f) Military Service Average Monthly Income.--For the 
     purposes of this section, the military service average 
     monthly income of a member who serves on active duty as 
     described in subsection (c) is the amount determined by 
     dividing--
       ``(1) the sum of the total amount of the member's earned 
     income (other than basic pay, special and incentive pays, and 
     allowances) and the total amount of the member's basic pay 
     (under section 204 of title 37), any special and incentive 
     pays paid to the member (under chapter 5 of title 37), and 
     any allowances paid to the member (under chapter 7 of title 
     37) for the member's service months for such active-duty 
     service, by
       ``(2) the total number of such months.
       ``(g) Definitions.--In this section:
       ``(1) The term ``earned income'' has the meaning given such 
     term in section 32(c)(2) of the Internal Revenue Code of 
     1986.
       ``(2) The term `service month', with respect to service of 
     a member of a reserve component of the armed forces on active 
     duty, means a month during any part of which the member 
     serves on active duty.
       ``(h) Termination of Authority.--This section shall cease 
     to be effective on the first day of the first month that 
     begins on or after the date that is five years after the date 
     of the enactment of the Patriot Penalty Elimination Act of 
     2005.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 1209 of title 10, United States Code, as 
     amended by section 1202(c) of this chapter, is further by 
     inserting after the item relating to section 12316a the 
     following new item:

``12316b. Reserves: income preservation assistance grants for employers 
              of reserves.''.

       (c) Effective Date.--Section 12316b of title 10, United 
     States Code (as added by subsection (a)), shall take effect 
     as of January 1, 2003, and shall apply with respect to 
     active-duty service that begins on or after such date.
                                 ______
                                 
  SA 407. Mr. REID submitted an amendment intended to be proposed by 
him to the bill H.R. 1268, Making emergency supplemental appropriations 
for the fiscal year ending September 30, 2005, to establish and rapidly 
implement regulations for State driver's license and identification 
document security standards, to prevent terrorists from abusing the 
asylum laws of the United States, to unify terrorism-related grounds 
for inadmissibility and removal, to ensure expeditious construction of 
the San Diego border fence, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 211, strike lines 3 through 8 and insert the 
     following:


      Agricultural and Natural Resources of the Walker River Basin

       Sec. 6017. (a)(1) Using amounts made available under 
     section 2507 of the Farm and Security Rural Investment Act of 
     2002 (43 U.S.C. 2211 note; Public Law 107-171), the Secretary 
     of the Interior (referred to in this section as the 
     ``Secretary''), acting through the Commissioner of 
     Reclamation, shall provide not more than $850,000 to pay the 
     State of Nevada's share of the costs for the Humboldt Project 
     conveyance required under--
       (A) title VIII of the Clark County Conservation of Public 
     Land and Natural Resources Act of 2002 (116 Stat. 2016); and
       (B) section 217(a)(3) of the Energy and Water Development 
     Appropriations Act, 2004 (117 Stat. 1853).
       (2) Amounts provided under paragraph (1) may be used to 
     pay--
       (A) administrative costs;
       (B) the costs associated with complying with--
       (i) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); and
       (ii) the National Historic Preservation Act (16 U.S.C. 470 
     et seq.); and
       (C) real estate transfer costs.
       (b)(1) Using amounts made available under section 2507 of 
     the Farm and Security Rural Investment Act of 2002 (43 U.S.C. 
     2211 note; Public Law 107-171), the Secretary shall provide 
     not more than $70,000,000 to the University of Nevada--
       (A) to acquire from willing sellers land, water, and 
     related interests in the Walker River Basin, Nevada; and
       (B) to establish and administer an agricultural and natural 
     resources center, the mission of which shall be to undertake 
     research, restoration, and educational activities in the 
     Walker River Basin relating to--
       (i) innovative agricultural water conservation;
       (ii) cooperative programs for environmental restoration;
       (iii) fish and wildlife habitat restoration; and
       (iv) wild horse and burro research and adoption marketing.
       (2) In acquiring land, water, and related interests under 
     paragraph (1)(A), the University of Nevada shall make 
     acquisitions that the University determines are the most 
     beneficial to--
       (A) the establishment and operation of the agricultural and 
     natural resources research center authorized under paragraph 
     (1)(B); and
       (B) environmental restoration in the Walker River Basin.
       (c)(1) Using amounts made available under section 2507 of 
     the Farm and Security Rural Investment Act of 2002 (43 U.S.C. 
     2211 note; Public Law 107-171), the Secretary shall provide 
     not more than $10,000,000 for a water lease and purchase 
     program for the Walker River Paiute Tribe.
       (2) Water acquired under paragraph (1) shall be--
       (A) acquired only from willing sellers; and
       (B) designed to maximize water conveyances to Walker Lake.
       (d) Using amounts made available under section 2507 of the 
     Farm and Security Rural Investment Act of 2002 (43 U.S.C. 
     2211 note; Public Law 107-171), the Secretary shall provide--
       (1) $10,000,000 for tamarisk eradication, riparian area 
     restoration, and channel restoration efforts within the 
     Walker River Basin that are designed to enhance water 
     delivery to Walker Lake, with priority given to activities 
     that are expected to result in the greatest increased water 
     flows to Walker Lake; and
       (2) $5,000,000 to the United States Fish and Wildlife 
     Service, the Walker River Paiute Tribe, and the Nevada 
     Division of Wildlife to undertake activities, to be 
     coordinated by the Director of the United States Fish and 
     Wildlife Service, to complete the design and implementation 
     of the Western Inland Trout Initiative and Fishery 
     Improvements in the State of Nevada with an emphasis on the 
     Walker River Basin.
                                 ______
                                 
  SA 408. Mrs. FEINSTEIN (for herself and Mrs. Boxer) submitted an 
amendment intended to be proposed by her to the bill H.R. 1268, Making 
emergency supplemental appropriations for the fiscal year ending 
September 30, 2005, to establish and rapidly implement regulations for 
State driver's license and identification document security standards, 
to prevent terrorists from abusing the asylum laws of the United 
States, to unify terrorism-related grounds for inadmissibility and 
removal, to ensure expeditious construction of the San Diego border 
fence, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 231, between lines 3 and 4, insert the following:
       Sec. 6047. None of the funds made available by this or any 
     other Act may be used by the Secretary of Energy to provide 
     assistance to

[[Page 6354]]

     any affected unit of local government under section 116(c) of 
     the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10136(c)) 
     using a funding distribution formula other than that used to 
     provide assistance for fiscal year 2004.
                                 ______
                                 
  SA 409. Mr. JEFFORDS submitted an amendment intended to be proposed 
by him to the bill H.R. 1268, Making emergency supplemental 
appropriations for the fiscal year ending September 30, 2005, to 
establish and rapidly implement regulations for State driver's license 
and identification document security standards, to prevent terrorists 
from abusing the asylum laws of the United States, to unify terrorism-
related grounds for inadmissibility and removal, to ensure expeditious 
construction of the San Diego border fence, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 231, between lines 3 and 4, insert the following:

     SEC. 6047. VOLUNTARY LEAVE TRANSFERS FOR FEDERAL EMPLOYEES 
                   WITH SPOUSES ON ACTIVE DUTY WITH THE NATIONAL 
                   GUARD OR RESERVES.

       (a) In General.--Chapter 63 of title 5, United States Code, 
     is amended by inserting after section 6340 the following:

     ``Sec. 6341. National Guard and reserve service

       ``(a) The Office of Personnel Management shall prescribe 
     regulations to treat any period of service described under 
     subsection (b) in the same manner and to the same extent as a 
     period of a medical emergency.
       ``(b) The period of service referred to under subsection 
     (a) is any period of service performed by the spouse of an 
     employee while that spouse--
       ``(1) is a member of a reserve component of the Armed 
     Forces as described under section 10101 of title 10; and
       ``(2) is serving on active duty in the Armed Forces in 
     support of a contingency operation as defined under section 
     101(a)(13) of title 10.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 63 of title 5, United States Code, is 
     amended by inserting after the item relating to section 6340 
     the following:

``6341. National Guard and reserve service. ''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of enactment of this Act and 
     apply to any period of service (or portion of such period) 
     described under section 6341(b) of title 5, United States 
     Code (as added by this section) that begins on or after the 
     date of enactment of this Act.
       
                                 ______
                                 
  SA 410. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to the bill H.R. 1268, Making emergency supplemental appropriations 
for the fiscal year ending September 30, 2005, to establish and rapidly 
implement regulations for State driver's license and identification 
document security standards, to prevent terrorists from abusing the 
asylum laws of the United States, to unify terrorism-related grounds 
for inadmissibility and removal, to ensure expeditious construction of 
the San Diego border fence, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 231, after line 3, insert the following:
       (e) The referenced statement of managers under the heading 
     ``Community Development Fund'' in title II of division G of 
     Public Law 108-199 is deemed to be amended with respect to 
     item number 450 by striking the ``V.I.C.T.M. Family Center in 
     Washoe County, Nevada, for the construction of a facility for 
     multi-purpose social services referral and victim 
     counseling;'' and inserting ``Washoe County, Nevada, for a 
     facility and equipment for the SART/CARES victim programs;''.
                                 ______
                                 
  SA 411. Mr. SESSIONS (for Mr. Baucus (for himself, Mr. Grassley, Ms. 
Landrieu, Mr. Lott, Mrs. Feinstein, Mr. Vitter, Mr. Nelson of Florida, 
Mr. Bond, and Mr. Martinez)) proposed an amendment to the bill H.R. 
1134, to amend the Internal Revenue Code of 1986 to provide for the 
proper tax treatment of certain disaster mitigation payments; as 
follows:

       Strike all after the enacting clause and insert the 
     following:

     SEC. __. PROPER TAX TREATMENT OF CERTAIN DISASTER MITIGATION 
                   PAYMENTS.

       (a) Qualified Disaster Mitigation Payments Excluded From 
     Gross Income.--
       (1) In general.--Section 139 of the Internal Revenue Code 
     of 1986 (relating to disaster relief payments) is amended by 
     adding at the end the following new subsections:
       ``(g) Qualified Disaster Mitigation Payments.--
       ``(1) In general.--Gross income shall not include any 
     amount received as a qualified disaster mitigation payment.
       ``(2) Qualified disaster mitigation payment defined.--For 
     purposes of this section, the term `qualified disaster 
     mitigation payment' means any amount which is paid pursuant 
     to the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (as in effect on the date of the enactment of 
     this subsection) or the National Flood Insurance Act (as in 
     effect on such date) to or for the benefit of the owner of 
     any property for hazard mitigation with respect to such 
     property. Such term shall not include any amount received for 
     the sale or disposition of any property.
       ``(3) No increase in basis.--Notwithstanding any other 
     provision of this subtitle, no increase in the basis or 
     adjusted basis of any property shall result from any amount 
     excluded under this subsection with respect to such property.
       ``(h) Denial of Double Benefit.--Notwithstanding any other 
     provision of this subtitle, no deduction or credit shall be 
     allowed (to the person for whose benefit a qualified disaster 
     relief payment or qualified disaster mitigation payment is 
     made) for, or by reason of, any expenditure to the extent of 
     the amount excluded under this section with respect to such 
     expenditure.''.
       (2) Conforming amendments.--
       (A) Subsection (d) of section 139 of such Code is amended 
     by striking ``a qualified disaster relief payment'' and 
     inserting ``qualified disaster relief payments and qualified 
     disaster mitigation payments''.
       (B) Subsection (e) of section 139 of such Code is amended 
     by striking ``and (f)'' and inserting ``, (f), and (g)''.
       (b) Certain Dispositions of Property Under Hazard 
     Mitigation Programs Treated as Involuntary Conversions.--
     Section 1033 of such Code (relating to involuntary 
     conversions) is amended by redesignating subsection (k) as 
     subsection (l) and by inserting after subsection (j) the 
     following new subsection:
       ``(k) Sales or Exchanges Under Certain Hazard Mitigation 
     Programs.--For purposes of this subtitle, if property is sold 
     or otherwise transferred to the Federal Government, a State 
     or local government, or an Indian tribal government to 
     implement hazard mitigation under the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (as in effect on 
     the date of the enactment of this subsection) or the National 
     Flood Insurance Act (as in effect on such date), such sale or 
     transfer shall be treated as an involuntary conversion to 
     which this section applies.''.
       (c) Effective Date.--
       (1) Qualified disaster mitigation payments.--The amendments 
     made by subsection (a) shall apply to amounts received 
     before, on, or after the date of the enactment of this Act.
       (2) Dispositions of property under hazard mitigation 
     programs.--The amendments made by subsection (b) shall apply 
     to sales or other dispositions before, on, or after the date 
     of the enactment of this Act.

                          ____________________