[Congressional Record (Bound Edition), Volume 155 (2009), Part 9]
[Senate]
[Pages 12497-12524]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mrs. FEINSTEIN (for herself, Mr. Leahy, Mr. Schumer, Mr. 
        Kennedy, Mr. Kohl, Mrs. Boxer, Mr. Dodd, Mr. Lieberman, Mr. 
        Bingaman, Mr. Feingold, Mrs. Murray, Mr. Kerry, Mr. Nelson, of 
        Florida, Mr. Kaufman, Mr. Casey,  Ms. Cantwell, and Mr. Levin):
  S. 1038. A bill to improve agricultural job opportunities, benefits, 
and security for aliens in the United States and for other purposes; to 
the Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I believe it is fair to say that there 
is a farm emergency in this country. Some of it is caused by drought, 
including out West where California has had, for 3 years, a very 
serious drought. But most of it is caused by the absence of farm 
labor--labor to help plant, prune, and harvest.
  Many of us have listened to farm bureaus throughout the country, 
spoken with farmers who are losing land, fallowing land, and leasing 
land abroad. I think the time has come to do something about it.
  Today, with 16 cosponsors, I am introducing an agricultural worker 
bill known as AgJOBS. This bill is cosponsored by Senators Leahy, 
Schumer, Kennedy, Kohl, Boxer, Dodd, Lieberman, Bingaman, Feingold, 
Murray, Kerry, Bill Nelson, Kaufman, Casey, Cantwell, and Levin. It 
would provide farmers with the stable, legal workforce they deserve by 
reforming the broken H-2A seasonal worker program and offering a 
pathway to citizenship for hard-working, law-abiding immigrants already 
employed or who have been employed on American farms.
  This bill is supported by more than 200 agricultural coalition and 
immigration reform groups throughout the Nation.
  Since I last came to the floor to talk about a solution to this 
crisis, it has only grown. The bill is necessary, and I believe 
Congress must act now to save America's agriculture industry.

[[Page 12498]]

  Today across the United States, there are not enough agricultural 
workers to do the pruning, picking, packing, and harvesting of our 
country's crops. With an inadequate supply of workers, farmers from 
Maine to California, from Washington State to Georgia, have watched 
their produce rot in fields, and have been forced to fallow close to 
half a million acres of land, and billions of dollars are being drained 
out of our economy as a result.
  Farmers are downsizing their operations. Many are buying or leasing 
land in Mexico. Others are going out of business. Quite clearly, the 
labor situation facing the American farmer is an emergency.
  So some ask: Why don't American farmers hire Americans to do their 
work? The unemployment rate is high. People are looking for jobs. So 
why don't they hire Americans?
  The fact is, they have tried and tried and tried. But there are very 
few Americans who are willing to take the job in a hot field, doing 
backbreaking labor, in temperatures that often exceed 100 degrees. That 
is a fact.
  The other fact is that immigrant workers are the backbone of 
America's agricultural industry--a huge industry and a proud industry, 
which is now dying due to the lack of steady labor supply.
  Farmers are departing the country in order to stay in business, 
leaving devastated farm communities behind. In California, in the Great 
Central Valley, farmers who once tended ``America's breadbasket'' are 
now standing in bread lines, with unemployment rates in their 
communities that are as high as 45 percent. Topsoil from fallowed land 
turning into dust now blows up in sandstorms and has caused periodic 
shutdowns of Interstate 5, the State's main north-south freeway.
  As a result of Congress's inaction, between 2007 and 2008--1 year--
1.56 million acres of farmland, once rich with crops, are now dormant. 
That is 1.5 million acres dormant in a year. In California alone, in 
the past 5 years, that amount--1.5 million acres--of production has 
been lost.
  American farmers have moved at least 84,155 acres of production to 
Mexico. This is what we know of: Over 84,000 acres of farm production 
now in Mexico. This has resulted in the growth of farm labor jobs in 
Mexico; namely, 22,285 jobs to cultivate crops that vary in diversity 
from avocados to green onions to watermelons.
  This shortage of workers is devastating American agriculture, and we 
need to wake up and understand what is happening. In the next 1 to 2 
years, the United States stands to lose $5 billion to $9 billion in 
agricultural sales to foreign competition if Congress does not act to 
provide a workforce for the American farming community.
  California has already lost almost $1 billion from 2005 to 2006. It 
is estimated we will lose between $1.7 and $3.1 billion in the next 
year. The California farm industry--the largest in America--was almost 
a $40 billion-a-year industry. It is deteriorating every year.
  We are witnessing nothing less than the slow vanishing of American 
agriculture.
  Ayron Moiola, the executive director of the Imperial Valley Vegetable 
Growers Association, predicts that California's asparagus crops will 
disappear completely in the Imperial Valley if their demand for 
specialized asparagus planters and harvesters is not met.
  Colorado farmers have estimated their State's fruit and vegetable 
industry will disappear completely in the next 5 to 10 years without 
some program to provide a sustainable workforce.
  As of February 2008, 35 to 45 New Hampshire farm operations have been 
at risk of going out of business or being forced to severely cut back 
operations due to labor shortages.
  This reduction in farm production would result in an estimated loss 
of 22,000 acres of farmland and $58 million of agricultural production 
for New Hampshire alone. In addition, over 600 full-time farm jobs and 
4,300 jobs in agriculture-related businesses could be in jeopardy.
  I say to the Presiding Officer, I hear this from your apple growers 
in New York, and I hear it from the dairy industry throughout America.
  The situation is dire from coast to coast, and urgent action is 
required to halt these trends. I do not think we can afford to lose our 
entire agricultural industry because this has always been a central and 
sustainable part of our national economy. Our food is clean; there are 
strong pesticide controls in this country. I think most of us believe 
we would much prefer to buy American produce than foreign produce. Yet 
we may not have that opportunity.
  When farmers suffer, there is a ripple effect felt throughout the 
economy: in farm equipment manufacturing, packaging, processing, 
transportation, marketing, lending, and insurance. Jobs are being lost, 
and our economy is going to decline further as a result. Low-producing 
farms mean a lowered local tax base--as farms no longer generate income 
and create jobs.
  As can be seen from this graphic I have in the Chamber, for every job 
lost on a farm and ranch, the country loses approximately three jobs in 
related sectors that are supported by having the agricultural community 
in this country.
  I have received a letter from the Port of Oakland, which depends 
heavily on agribusiness for its survival. According to the port, last 
year more than 750 metric tons of agricultural products, worth 
approximately $2.6 billion, were shipped through the port, representing 
40 percent of the port's exports.
  As these farms disappear, port jobs, basic jobs for people, also 
disappear. The central issue is not immigration; it is the bottom line 
of the American economy. I think Congress should be doing everything we 
can to prevent U.S. farms from closing down.
  There is a solution, and it is this bill. This bill is well known, 
and this bill has been well supported in the past with a majority of 
votes. It is bipartisan. We can take it up and pass it today, and that 
would immediately help American farmers bolster the U.S. economy at a 
critical time.
  The AgJOBS bill has two parts. The first meets the immediate needs of 
our farmers by creating a program that would provide an opportunity for 
experienced agricultural workers to earn the right to apply for legal 
status in this country.
  The second part meets the long-term needs of farmers by reforming the 
H-2A program--that is the temporary worker program for the farm 
industry--so that if new workers are needed, farmers and growers have a 
legal path to bring workers in to harvest their crops.
  The first step of the program requires that undocumented agricultural 
workers apply for a blue card if they can demonstrate they have worked 
in American agriculture in the United States for at least 150 workdays 
within the previous 2 years before December 31, 2008.
  The second step requires that a blue cardholder work in the U.S. 
agricultural industry for an additional 150 workdays per year for at 
least 3 years, or 100 workdays per year for 5 years.
  At the end of this time, a worker can obtain a green card and can 
continue to work in agriculture.
  Workers participating in the program will be required to pay a fine 
of $500, show that they are current on their taxes, and that they have 
not been convicted of any crime that involves bodily injury, the threat 
of bodily injury or harm to property.
  Employment is verified through employer-issued itemized statements, 
pay stubs, W-2 forms, employer letters, contracts or agreements, 
employer-sponsored health care, timecards or payment of taxes.
  At the end of 5 years, those workers will be able to gain citizenship 
in this country.
  The blue card visa program will be capped at 1.35 million blue cards 
over 5 years and sunsets after 5 years.
  All blue cards will have encrypted, biometric identifiers, and 
contain other anticounterfeiting protections. This provides, in effect, 
a biometric identifier for 1.35 million people who are undocumented but 
in the country today.
  AgJOBS would also streamline the current guest worker program, known 
as the H-2A program, which is currently unwieldy and ineffective.

[[Page 12499]]

  Among other things, the bill will shorten the labor certification 
process, which now often takes 60 days, reducing the approval process 
to between 48 to 72 hours.
  Advertising and positive recruitment for U.S. workers in the local 
labor market is required by filing a job notification with the local 
office of the State employment security agency.
  Petitions for admission of H-2A workers must be processed and the 
consulate or port of entry notified within 7 days of receipt.
  The adverse effect wage rate would be frozen for 3 years, to be 
gradually replaced with a prevailing wage standard.
  H-2A visas will be secure and counterfeit resistant.
  The reforms to the H-2A agricultural worker program are especially 
important to meet the needs of year-round agricultural industries, such 
as dairy, which are not covered by the seasonal program.
  Many say that dairy should use the seasonal H-2A program--but it does 
not work for that industry. They need workers 24/7, 365 days a year.
  The National Milk Producers recently shared with me an economic study 
done by researchers at Texas A&M that will be released next week on the 
economic impacts of immigration on U.S. dairy farms. Over 5,000 dairy 
farms, surveyed nationally, with responses from 47 States, are in this 
study. Of these, 50 percent use immigrant labor. Immigrant labor now 
accounts for 62 percent of milk production in 47 States.
  As can be seen from this chart I have in the Chamber, eliminating 
immigrant labor would reduce the U.S. dairy herd by 1.34 million, milk 
production by 29.5 billion pounds, and the number of farms by 4,532. 
Retail milk prices would increase by an estimated 61 percent.
  This will be the result if we do not recognize what is a basic 
reality that farm and dairy communities depend on undocumented workers, 
who are the only workers who will do this kind of work.
  This is hard for people to believe. However, a while back, we posted 
notices in the welfare departments of all 58 california counties that 
said: Agricultural worker jobs available. Please sign up here.
  However, do you know how many workers came from this? Not a single 
one.
  When I drive down the highway, down to Monterey, along the coast, and 
I go through the great Salinas Valley, I watch the row crops either 
being planted or sprayed or harvested. You see the workers in the field 
stooped over, hour after hour, in the sun, when it is 100 degrees or 
more in temperature, and you can see the specific nature of this type 
of work.
  People think of this work as unskilled labor, but it is not. It is a 
learned skill. These workers have to move fast and be trained to use 
the farm equipment. They know how to work skillfully with their hands 
and move row after row, after row, down the field.
  Last summer, a young pregnant woman working in the field collapsed 
from heat exhaustion and was taken to the hospital, where she died. 
Working in the field is back breaking, difficult work, and there are 
very few Americans who are willing to do this work.
  The backbone of the agriculture industry in my State is the 
undocumented workforce and it is time to recognize that reality. I 
can't have--and Mr. President, you can't have--farmers standing in 
bread lines because they can't get the labor to plant or harvest their 
crops. The fields across America are increasingly being fallowed and 
this does not make sense.
  Congress must stand tall and acknowledge that the basic workforce in 
the American agricultural community is undocumented farm labor. 
Undocumented workers take these jobs because they are professional and 
proud of the work that they do. I believe that is desirable.
  This bill has previously passed with more than a majority in 
comprehensive immigration reform. It recognizes that the American farm 
industry is in crisis; that the industry is deteriorating; and that 
America is losing its produce. This bill stands up for American farmers 
and provides them with the workforce they deserve--American farmers 
like Toni Scully, a pear farmer from Lake County, CA.
  Toni Scully experienced a devastating harvest that left much of her 
pear crop rotting on the ground because she could not find workers in 
time for the harvest.
  Early last year, I heard from Dewey Zabka, an onion and potato farmer 
in northern Colorado who, for the first time in his company's 50-year 
history, had to downsize 25 percent of his production.
  In the State of New York, 800 farms and $700 million in sales may be 
forced to go out of business or scale back their farm operations if 
labor shortages continue. For the first time since 1991, Jim Bittner, 
the owner of Singer Farms in Appleton, NY, razed 10 percent of his 
sweet cherry and peach orchards last year because he could not get farm 
labor.
  For the 2009 season, California growers who anticipate a shortage of 
reliable labor are deciding to move away from planting permanent tree 
crops, including peach, plumb, nectarine, almond, pomegranate, and 
olive trees. Many of these farmers are supplementing these crops with 
pistachios, which can be harvested mechanically.
  In June 2008, The Oregonian reported that Oregon's pear and onion 
industries are at risk of not being able to sustain production without 
consistent labor.
  In Yuma County, AZ, where agricultural workers earn between $10 and 
$19 per hour, U.S. lettuce producers were unable to find enough 
laborers to harvest the spring crop of lettuce for 2008.
  The truth is Americans will not do the work that sustains 
agriculture. It is hard, stooped labor requiring long and unpredictable 
hours. As a result, the labor shortage will be persistent. It is not 
going to get better next year, unless we have the courage and the guts 
to stand up for a major industry in America which deserves a steady 
labor base, particularly during these difficult economic times. And 
there are examples all over the nation that Americans simply won't fill 
these jobs.
  H. Lee Showalter, a member of the Pennsylvania Apple Marketing Board, 
points to the example of the largest Macintosh apple producer in New 
York, who is required to advertise for local labor before joining a 
migrant labor program. Of the 300 workers he needed to fill, only 1 
American worker applied.
  Willoway Nurseries, Inc. has been in business in northern Ohio since 
1954. Willoway Nurseries has attempted to recruit local workers, though 
to no avail. General nursery workers on this farm earn a starting wage 
of $9.93 per hour. Yet it has been impossible for the nursery to 
recruit American help.
  The Washington Farm Bureau reported that nearly 500 tons of apples 
were not picked in Washington State's apple harvests last year due to 
picker shortages. As Valoria H. Loveland, director of the Washington 
State Department of Agriculture, stated in a letter to me:

       The reality of our local labor market [is that] local 
     people who want to work are already employed, or are not 
     interested in doing the seasonal and physically demanding 
     work that characterizes our specialty crop production.

  Experts estimate that nearly 80 percent of Florida's approximately 
150,000 agricultural workers are undocumented immigrants. This is a 
$1.6 billion a year business that produces up to 90 percent of the 
fresh domestic tomatoes that Americans eat between the months of 
December and May.
  Many farmers have been in business for generations. Many farm the 
land that their parents and their grandparents farmed before them. 
California farms produce approximately 350 different crops: pears, 
walnuts, raisins, lettuce, onions, strawberries, and apricots, just to 
name a few. Without reform, we will continue to see the deterioration 
of American farms nationwide. This includes the possibility that 
certain vegetables and fruits will no longer grow in our Nation, where 
we have stricter rules and regulations for safety.

[[Page 12500]]

  Once the trees are gone, they are replaced by crops that do not 
require manual labor. As a result, our pears, our apples, our oranges 
will be increasingly coming from foreign sources. This is not what 
America wants, but it is what Congress's inaction compels.
  The trend is quite clear. If there is not a means to grow and harvest 
our produce in this country, we will import produce from China, from 
Mexico, and from other countries that have sufficient labor. If our 
farmers want to stay in business, they will continue to go to Mexico 
and lease land and grow crops there. We are not doing our duty if we 
let this continue.
  Steve Scaroni has been in the California lettuce and broccoli 
industry for over three decades. In recent years he has moved 2,000 
acres and 500 jobs from his $50 million operation in Heber, CA, to 
Guanajuato, Mexico. Steve wants his business to survive, and he can't 
hire or plant. If he can't plant, he can't pick. If he can't pick, he 
can't pack, and he won't be able to deliver a harvest. As a result, 
today Steve exports to the United States about 2 million pounds of 
lettuce a week. He has spent thousands of dollars to start up the new 
farms and to train workers to ensure that his crops meet U.S. food 
safety standards.
  In Wilcox, AZ, Eurofresh Farms has transferred tomato crops and 150 
workers to Sonora, Mexico, where tomatoes are grown and shipped to the 
U.S. on a daily basis.
  Reforming the system means that we not only protect the agricultural 
industry, but also the health of this Nation. This past July, the Food 
and Drug Administration confirmed that a variety of jalapeno and 
serrano peppers grown in Mexico caused an outbreak of salmonella in the 
United States. This outbreak was first thought to have originated in 
tomatoes.
  The repercussions of the outbreak were felt on farms from coast to 
coast. In Georgia alone, it is estimated that the tomato scare cost 
local farmers about $14 million in total production value. Nationwide, 
the tomato industry lost at least $100 million due to lower prices and 
reduced demand. At the same time, over the last 15 years, imports of 
tomatoes have increased 179 percent. Right now, almost 40 percent of 
the tomatoes that we eat are grown in a foreign country. Yet tomato 
farmers are being forced to close shop.
  The agriculture industry has been seeking a resolution for the labor 
crisis for the past 10 years. Mr. President, I have received over 50 
letters of support for AgJOBS.
  I am committed to working with the Obama administration, and Senators 
Leahy, Schumer, and Kennedy, as well as the House champions, 
Representatives Berman and Putnam, and others, to support U.S. farmers 
and the workers who provide the skilled labor needed to plant, tend and 
harvest our crops.
  The time is now, and the solution is before us. I urge my colleagues 
to join me in support of AgJOBS and help restore America's farms before 
it is too late.
  Mr. President, I ask unanimous consent that the text of the bill, 
letters of support, and list of supporters be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1038

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

     SECTION 1. SHORT TITLE, TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Agricultural Job Opportunities, Benefits, and Security Act 
     of 2009'' or the ``AgJOBS Act of 2009''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

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

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

                      Subtitle A--Blue Card Status

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

           Subtitle B--Correction of Social Security Records

Sec. 111. Correction of Social Security records.

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

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

                  TITLE III--MISCELLANEOUS PROVISIONS

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

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Agricultural employment.--The term ``agricultural 
     employment'' means any service or activity that is considered 
     to be agricultural under section 3(f) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural 
     labor under section 3121(g) of the Internal Revenue Code of 
     1986 or the performance of agricultural labor or services 
     described in section 101(a)(15)(H)(ii)(a) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)).
       (2) Blue card status.--The term ``blue card status'' means 
     the status of an alien who has been lawfully admitted into 
     the United States for temporary residence under section 
     101(a).
       (3) Department.--The term ``Department'' means the 
     Department of Homeland Security.
       (4) Employer.--The term ``employer'' means any person or 
     entity, including any farm labor contractor and any 
     agricultural association, that employs workers in 
     agricultural employment.
       (5) Secretary.--Except as otherwise provided, the term 
     ``Secretary'' means the Secretary of Homeland Security.
       (6) Work day.--The term ``work day'' means any day in which 
     the individual is employed 5.75 or more hours in agricultural 
     employment.

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

                      Subtitle A--Blue Card Status

     SEC. 101. REQUIREMENTS FOR BLUE CARD STATUS.

       (a) Requirement To Grant Blue Card Status.--Notwithstanding 
     any other provision of law, the Secretary shall, pursuant to 
     the requirements of this section, grant blue card status to 
     an alien who qualifies under this section if the Secretary 
     determines that the alien--
       (1) has performed agricultural employment in the United 
     States for at least 863 hours or 150 work days during the 24-
     month period ending on December 31, 2008;
       (2) applied for such status during the 18-month application 
     period beginning on the first day of the seventh month that 
     begins after the date of enactment of this Act;
       (3) is otherwise admissible to the United States under 
     section 212 of the Immigration and Nationality Act (8 U.S.C. 
     1182), except as otherwise provided under section 105(b); and
       (4) has not been convicted of any felony or a misdemeanor, 
     an element of which involves bodily injury, threat of serious 
     bodily injury, or harm to property in excess of $500.
       (b) Authorized Travel.--An alien who is granted blue card 
     status is authorized to travel outside the United States 
     (including commuting to the United States from a residence in 
     a foreign country) in the same manner as an alien lawfully 
     admitted for permanent residence.
       (c) Authorized Employment.--The Secretary shall provide an 
     alien who is granted blue card status an employment 
     authorized endorsement or other appropriate work permit, in 
     the same manner as an alien lawfully admitted for permanent 
     residence.
       (d) Termination of Blue Card Status.--
       (1) Deportable aliens.--The Secretary shall terminate blue 
     card status granted to an alien if the Secretary determines 
     that the alien is deportable.
       (2) Other grounds for termination.--The Secretary shall 
     terminate blue card status granted to an alien if--
       (A) the Secretary finds, by a preponderance of the 
     evidence, that the adjustment to blue card status was the 
     result of fraud or willful misrepresentation, as described in 
     section 212(a)(6)(C)(i) of the Immigration and Nationality 
     Act (8 U.S.C. 1182(a)(6)(C)(i)); or
       (B) the alien--
       (i) commits an act that makes the alien inadmissible to the 
     United States under section 212 of the Immigration and 
     Nationality Act (8 U.S.C. 1182), except as provided under 
     section 105(b);
       (ii) is convicted of a felony or 3 or more misdemeanors 
     committed in the United States;
       (iii) is convicted of an offense, an element of which 
     involves bodily injury, threat of serious bodily injury, or 
     harm to property in excess of $500; or
       (iv) fails to perform the agricultural employment required 
     under paragraph (1)(A) of section 103(a) unless the alien was 
     unable to work in agricultural employment due to the 
     extraordinary circumstances described in paragraph (3) of 
     such section.

[[Page 12501]]

       (e) Record of Employment.--
       (1) In general.--Each employer of an alien granted blue 
     card status shall annually--
       (A) provide a written record of employment to the alien; 
     and
       (B) provide a copy of such record to the Secretary.
       (2) Civil penalties.--
       (A) In general.--If the Secretary finds, after notice and 
     opportunity for a hearing, that an employer of an alien 
     granted blue card status has failed to provide the record of 
     employment required under paragraph (1) or has provided a 
     false statement of material fact in such a record, the 
     employer shall be subject to a civil penalty in an amount not 
     to exceed $1,000 per violation.
       (B) Limitation.--The penalty applicable under subparagraph 
     (A) for failure to provide records shall not apply unless the 
     alien has provided the employer with evidence of employment 
     authorization granted under this section.
       (3) Sunset.--The obligation under paragraph (1) shall 
     terminate on the date that is 6 years after the date of the 
     enactment of this Act.
       (f) Required Features of Identity Card.--The Secretary 
     shall provide each alien granted blue card status, and the 
     spouse and any child of each such alien residing in the 
     United States, with a card that contains--
       (1) an encrypted, machine-readable, electronic 
     identification strip that is unique to the alien to whom the 
     card is issued;
       (2) biometric identifiers, including fingerprints and a 
     digital photograph; and
       (3) physical security features designed to prevent 
     tampering, counterfeiting, or duplication of the card for 
     fraudulent purposes.
       (g) Fine.--An alien granted blue card status shall pay a 
     fine of $100 to the Secretary.
       (h) Maximum Number.--The Secretary may not issue more than 
     1,350,000 blue cards during the 5-year period beginning on 
     the date of the enactment of this Act.

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

       (a) In General.--Except as otherwise provided under this 
     section, an alien granted blue card status (including a 
     spouse or child of the alien granted derivative status) shall 
     be considered to be an alien lawfully admitted for permanent 
     residence for purposes of any law other than any provision of 
     the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (b) Delayed Eligibility for Certain Federal Public 
     Benefits.--Except as otherwise provided in law, an alien 
     granted blue card status (including a spouse or child of the 
     alien granted derivative status) shall not be eligible, by 
     reason of such status, for any form of assistance or benefit 
     described in section 403(a) of the Personal Responsibility 
     and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 
     1613(a)) until 5 years after the date on which the alien is 
     granted an adjustment of status under section 103.

     SEC. 103. ADJUSTMENT TO PERMANENT RESIDENCE.

       (a) In General.--Except as provided in subsection (b), the 
     Secretary shall adjust the status of an alien granted blue 
     card status to that of an alien lawfully admitted for 
     permanent residence if the Secretary determines that the 
     following requirements are satisfied:
       (1) Qualifying employment.--
       (A) In general.--Subject to subparagraph (B), the alien has 
     performed at least--
       (i) 5 years of agricultural employment in the United States 
     for at least 100 work days per year, during the 5-year period 
     beginning on the date of the enactment of this Act; or
       (ii) 3 years of agricultural employment in the United 
     States for at least 150 work days per year, during the 3-year 
     period beginning on the date of the enactment of this Act.
       (B) 4-year period of employment.--An alien shall be 
     considered to meet the requirements of subparagraph (A) if 
     the alien has performed 4 years of agricultural employment in 
     the United States for at least 150 work days during 3 years 
     of those 4 years and at least 100 work days during the 
     remaining year, during the 4-year period beginning on the 
     date of the enactment of this Act.
       (2) Proof.--An alien may demonstrate compliance with the 
     requirement under paragraph (1) by submitting--
       (A) the record of employment described in section 101(e); 
     or
       (B) documentation that may be submitted under section 
     104(c).
       (3) Extraordinary circumstances.--
       (A) In general.--In determining whether an alien has met 
     the requirement of paragraph (1)(A), the Secretary may credit 
     the alien with not more than 12 additional months of 
     agricultural employment in the United States to meet such 
     requirement if the alien was unable to work in agricultural 
     employment due to--
       (i) pregnancy, injury, or disease, if the alien can 
     establish such pregnancy, disabling injury, or disease 
     through medical records;
       (ii) illness, disease, or other special needs of a minor 
     child, if the alien can establish such illness, disease, or 
     special needs through medical records;
       (iii) severe weather conditions that prevented the alien 
     from engaging in agricultural employment for a significant 
     period of time; or
       (iv) termination from agricultural employment, if the 
     Secretary finds that the termination was without just cause 
     and that the alien was unable to find alternative 
     agricultural employment after a reasonable job search.
       (B) Effect of finding.--A finding made under subparagraph 
     (A)(iv), with respect to an alien, shall not--
       (i) be conclusive, binding, or admissible in a separate or 
     subsequent judicial or administrative action or proceeding 
     between the alien and a current or prior employer of the 
     alien or any other party; or
       (ii) subject the alien's employer to the payment of 
     attorney fees incurred by the alien in seeking to obtain a 
     finding under subparagraph (A)(iv).
       (4) Application period.--The alien applies for adjustment 
     of status not later than 7 years after the date of the 
     enactment of this Act.
       (5) Fine.--The alien pays a fine of $400 to the Secretary.
       (b) Grounds for Denial of Adjustment of Status.--The 
     Secretary shall deny an alien granted blue card status an 
     adjustment of status under this section if--
       (1) the Secretary finds, by a preponderance of the 
     evidence, that the adjustment to blue card status was the 
     result of fraud or willful misrepresentation, as described in 
     section 212(a)(6)(C)(i) of the Immigration and Nationality 
     Act (8 U.S.C. 1182(a)(6)(C)(i)); or
       (2) the alien--
       (A) commits an act that makes the alien inadmissible to the 
     United States under section 212 of the Immigration and 
     Nationality Act (8 U.S.C. 1182), except as provided under 
     section 105(b);
       (B) is convicted of a felony or 3 or more misdemeanors 
     committed in the United States;
       (C) is convicted of an offense, an element of which 
     involves bodily injury, threat of serious bodily injury, or 
     harm to property in excess of $500; or
       (D) failed to perform the agricultural employment required 
     under paragraph (1)(A) of subsection (a) unless the alien was 
     unable to work in agricultural employment due to the 
     extraordinary circumstances described in paragraph (3) of 
     such subsection.
       (c) Grounds for Removal.--Any alien granted blue card 
     status who does not apply for adjustment of status under this 
     section before the expiration of the application period 
     described in subsection (a)(4) or who fails to meet the other 
     requirements of subsection (a) by the end of the application 
     period, is deportable and may be removed under section 240 of 
     the Immigration and Nationality Act (8 U.S.C. 1229a).
       (d) Payment of Taxes.--
       (1) In general.--Not later than the date on which an 
     alien's status is adjusted under this section, the alien 
     shall establish that the alien does not owe any applicable 
     Federal tax liability by establishing that--
       (A) no such tax liability exists;
       (B) all such outstanding tax liabilities have been paid; or
       (C) the alien has entered into an agreement for payment of 
     all outstanding liabilities with the Internal Revenue 
     Service.
       (2) Applicable federal tax liability.--In paragraph (1) the 
     term ``applicable Federal tax liability'' means liability for 
     Federal taxes, including penalties and interest, owed for any 
     year during the period of employment required under 
     subsection (a)(1) for which the statutory period for 
     assessment of any deficiency for such taxes has not expired.
       (3) IRS cooperation.--The Secretary of the Treasury shall 
     establish rules and procedures under which the Commissioner 
     of Internal Revenue shall provide documentation to an alien 
     upon request to establish the payment of all taxes required 
     by this subsection.
       (e) Spouses and Minor Children.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Secretary shall confer the status of lawful 
     permanent resident on the spouse and minor child of an alien 
     granted any adjustment of status under subsection (a), 
     including any individual who was a minor child on the date 
     such alien was granted blue card status, if the spouse or 
     minor child applies for such status, or if the principal 
     alien includes the spouse or minor child in an application 
     for adjustment of status to that of a lawful permanent 
     resident.
       (2) Treatment of spouses and minor children.--
       (A) Granting of status and removal.--The Secretary shall 
     grant derivative status to the alien spouse and any minor 
     child residing in the United States of an alien granted blue 
     card status and shall not remove such derivative spouse or 
     child during the period that the alien granted blue card 
     status maintains such status, except as provided in paragraph 
     (3). A grant of derivative status to such a spouse or child 
     under this subparagraph shall not decrease the number of 
     aliens who may receive blue card status under subsection (h) 
     of section 101.
       (B) Travel.--The derivative spouse and any minor child of 
     an alien granted blue card status may travel outside the 
     United States in the same manner as an alien lawfully 
     admitted for permanent residence.
       (C) Employment.--The derivative spouse of an alien granted 
     blue card status may apply to the Secretary for a work permit 
     to authorize such spouse to engage in any lawful

[[Page 12502]]

     employment in the United States while such alien maintains 
     blue card status.
       (3) Grounds for denial of adjustment of status and 
     removal.--The Secretary shall deny an alien spouse or child 
     adjustment of status under paragraph (1) and may remove such 
     spouse or child under section 240 of the Immigration and 
     Nationality Act (8 U.S.C. 1229a) if the spouse or child--
       (A) commits an act that makes the alien spouse or child 
     inadmissible to the United States under section 212 of such 
     Act (8 U.S.C. 1182), except as provided under section 105(b);
       (B) is convicted of a felony or 3 or more misdemeanors 
     committed in the United States; or
       (C) is convicted of an offense, an element of which 
     involves bodily injury, threat of serious bodily injury, or 
     harm to property in excess of $500.

     SEC. 104. APPLICATIONS.

       (a) Submission.--The Secretary shall provide that--
       (1) applications for blue card status may be submitted--
       (A) to the Secretary if the applicant is represented by an 
     attorney or a nonprofit religious, charitable, social 
     service, or similar organization recognized by the Board of 
     Immigration Appeals under section 292.2 of title 8, Code of 
     Federal Regulations; or
       (B) to a qualified designated entity if the applicant 
     consents to the forwarding of the application to the 
     Secretary; and
       (2) applications for adjustment of status under section 103 
     shall be filed directly with the Secretary.
       (b) Qualified Designated Entity Defined.--In this section, 
     the term ``qualified designated entity'' means--
       (1) a qualified farm labor organization or an association 
     of employers designated by the Secretary; or
       (2) any such other person designated by the Secretary if 
     that Secretary determines such person is qualified and has 
     substantial experience, demonstrated competence, and has a 
     history of long-term involvement in the preparation and 
     submission of applications for adjustment of status under 
     section 209, 210, or 245 of the Immigration and Nationality 
     Act (8 U.S.C. 1159, 1160, and 1255), the Act entitled ``An 
     Act to adjust the status of Cuban refugees to that of lawful 
     permanent residents of the United States, and for other 
     purposes'', approved November 2, 1966 (Public Law 89-732; 8 
     U.S.C. 1255 note), Public Law 95-145 (8 U.S.C. 1255 note), or 
     the Immigration Reform and Control Act of 1986 (Public Law 
     99-603; 100 Stat. 3359) or any amendment made by that Act.
       (c) Proof of Eligibility.--
       (1) In general.--An alien may establish that the alien 
     meets the requirement of section 101(a)(1) or 103(a)(1) 
     through government employment records or records supplied by 
     employers or collective bargaining organizations, and other 
     reliable documentation as the alien may provide. The 
     Secretary shall establish special procedures to properly 
     credit work in cases in which an alien was employed under an 
     assumed name.
       (2) Documentation of work history.--
       (A) Burden of proof.--An alien applying for status under 
     section 101(a) or 103(a) has the burden of proving by a 
     preponderance of the evidence that the alien has worked the 
     requisite number of hours or days required under section 
     101(a)(1) or 103(a)(1), as applicable.
       (B) Timely production of records.--If an employer or farm 
     labor contractor employing such an alien has kept proper and 
     adequate records respecting such employment, the alien's 
     burden of proof under subparagraph (A) may be met by securing 
     timely production of those records under regulations to be 
     promulgated by the Secretary.
       (C) Sufficient evidence.--An alien may meet the burden of 
     proof under subparagraph (A) to establish that the alien has 
     performed the days or hours of work required by section 
     101(a)(1) or 103(a)(1) by producing sufficient evidence to 
     show the extent of that employment as a matter of just and 
     reasonable inference.
       (d) Applications Submitted to Qualified Designated 
     Entities.--
       (1) Requirements.--Each qualified designated entity shall 
     agree--
       (A) to forward to the Secretary an application submitted to 
     that entity pursuant to subsection (a)(1)(B) if the applicant 
     has consented to such forwarding;
       (B) not to forward to the Secretary any such application if 
     the applicant has not consented to such forwarding; and
       (C) to assist an alien in obtaining documentation of the 
     alien's work history, if the alien requests such assistance.
       (2) No authority to make determinations.--No qualified 
     designated entity may make a determination required by this 
     subtitle to be made by the Secretary.
       (e) Limitation on Access to Information.--Files and records 
     collected or compiled by a qualified designated entity for 
     the purposes of this section are confidential and the 
     Secretary shall not have access to such a file or record 
     relating to an alien without the consent of the alien, except 
     as allowed by a court order issued pursuant to subsection 
     (f).
       (f) Confidentiality of Information.--
       (1) In general.--Except as otherwise provided in this 
     section, the Secretary or any other official or employee of 
     the Department or a bureau or agency of the Department is 
     prohibited from--
       (A) using information furnished by the applicant pursuant 
     to an application filed under this title, the information 
     provided by an applicant to a qualified designated entity, or 
     any information provided by an employer or former employer 
     for any purpose other than to make a determination on the 
     application or for imposing the penalties described in 
     subsection (g);
       (B) making any publication in which the information 
     furnished by any particular individual can be identified; or
       (C) permitting a person other than a sworn officer or 
     employee of the Department or a bureau or agency of the 
     Department or, with respect to applications filed with a 
     qualified designated entity, that qualified designated 
     entity, to examine individual applications.
       (2) Required disclosures.--The Secretary shall provide the 
     information furnished under this title or any other 
     information derived from such furnished information to--
       (A) a duly recognized law enforcement entity in connection 
     with a criminal investigation or prosecution, if such 
     information is requested in writing by such entity; or
       (B) an official coroner, for purposes of affirmatively 
     identifying a deceased individual, whether or not the death 
     of such individual resulted from a crime.
       (3) Construction.--
       (A) In general.--Nothing in this subsection shall be 
     construed to limit the use, or release, for immigration 
     enforcement purposes or law enforcement purposes, of 
     information contained in files or records of the Department 
     pertaining to an application filed under this section, other 
     than information furnished by an applicant pursuant to the 
     application, or any other information derived from the 
     application, that is not available from any other source.
       (B) Criminal convictions.--Notwithstanding any other 
     provision of this subsection, information concerning whether 
     the alien applying for blue card status or an adjustment of 
     status under section 103 has been convicted of a crime at any 
     time may be used or released for immigration enforcement or 
     law enforcement purposes.
       (4) Crime.--Any person who knowingly uses, publishes, or 
     permits information to be examined in violation of this 
     subsection shall be subject to a fine in an amount not to 
     exceed $10,000.
       (g) Penalties for False Statements in Applications.--
       (1) Criminal penalty.--Any person who--
       (A) files an application for blue card status or an 
     adjustment of status under section 103 and knowingly and 
     willfully falsifies, conceals, or covers up a material fact 
     or makes any false, fictitious, or fraudulent statements or 
     representations, or makes or uses any false writing or 
     document knowing the same to contain any false, fictitious, 
     or fraudulent statement or entry; or
       (B) creates or supplies a false writing or document for use 
     in making such an application,

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

[[Page 12503]]



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

       (a) Numerical Limitations Do Not Apply.--The numerical 
     limitations of sections 201 and 202 of the Immigration and 
     Nationality Act (8 U.S.C. 1151 and 1152) shall not apply to 
     the adjustment of aliens to lawful permanent resident status 
     under section 103.
       (b) Waiver of Certain Grounds of Inadmissibility.--In the 
     determination of an alien's eligibility for status under 
     section 101(a) or an alien's eligibility for adjustment of 
     status under section 103(b)(2)(A) the following rules shall 
     apply:
       (1) Grounds of exclusion not applicable.--The provisions of 
     paragraphs (5), (6)(A), (7), and (9) of section 212(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not 
     apply.
       (2) Waiver of other grounds.--
       (A) In general.--Except as provided in subparagraph (B), 
     the Secretary may waive any other provision of such section 
     212(a) in the case of individual aliens for humanitarian 
     purposes, to ensure family unity, or if otherwise in the 
     public interest.
       (B) Grounds that may not be waived.--Subparagraphs (A), 
     (B), (C), (D), (G), (H), and (I) of paragraph (2) and 
     paragraphs (3) and (4) of such section 212(a) may not be 
     waived by the Secretary under subparagraph (A).
       (C) Construction.--Nothing in this paragraph shall be 
     construed as affecting the authority of the Secretary other 
     than under this subparagraph to waive provisions of such 
     section 212(a).
       (3) Special rule for determination of public charge.--An 
     alien is not ineligible for blue card status or an adjustment 
     of status under section 103 by reason of a ground of 
     inadmissibility under section 212(a)(4) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(a)(4)) if the alien 
     demonstrates a history of employment in the United States 
     evidencing self-support without reliance on public cash 
     assistance.
       (c) Temporary Stay of Removal and Work Authorization for 
     Certain Applicants.--
       (1) Before application period.--Effective on the date of 
     enactment of this Act, the Secretary shall provide that, in 
     the case of an alien who is apprehended before the beginning 
     of the application period described in section 101(a)(2) and 
     who can establish a nonfrivolous case of eligibility for blue 
     card status (but for the fact that the alien may not apply 
     for such status until the beginning of such period), until 
     the alien has had the opportunity during the first 30 days of 
     the application period to complete the filing of an 
     application for blue card status, the alien--
       (A) may not be removed; and
       (B) shall be granted authorization to engage in employment 
     in the United States and be provided an employment authorized 
     endorsement or other appropriate work permit for such 
     purpose.
       (2) During application period.--The Secretary shall provide 
     that, in the case of an alien who presents a nonfrivolous 
     application for blue card status during the application 
     period described in section 101(a)(2), including an alien who 
     files such an application within 30 days of the alien's 
     apprehension, and until a final determination on the 
     application has been made in accordance with this section, 
     the alien--
       (A) may not be removed; and
       (B) shall be granted authorization to engage in employment 
     in the United States and be provided an employment authorized 
     endorsement or other appropriate work permit for such 
     purpose.

     SEC. 106. ADMINISTRATIVE AND JUDICIAL REVIEW.

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

     SEC. 107. USE OF INFORMATION.

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

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

       (a) Regulations.--The Secretary shall issue regulations to 
     implement this subtitle not later than the first day of the 
     seventh month that begins after the date of enactment of this 
     Act.
       (b) Effective Date.--This subtitle shall take effect on the 
     date that regulations required by subsection (a) are issued, 
     regardless of whether such regulations are issued on an 
     interim basis or on any other basis.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary such sums as may be 
     necessary to implement this subtitle, including any sums 
     needed for costs associated with the initiation of such 
     implementation, for fiscal years 2009 and 2010.

           Subtitle B--Correction of Social Security Records

     SEC. 111. CORRECTION OF SOCIAL SECURITY RECORDS.

       (a) In General.--Section 208(e)(1) of the Social Security 
     Act (42 U.S.C. 408(e)(1)) is amended--
       (1) in subparagraph (B)(ii), by striking ``or'' at the end;
       (2) in subparagraph (C), by inserting ``or'' at the end;
       (3) by inserting after subparagraph (C) the following:
       ``(D) who is granted blue card status under the 
     Agricultural Job Opportunities, Benefits, and Security Act of 
     2009''; and
       (4) by striking ``1990.'' and inserting ``1990, or in the 
     case of an alien described in subparagraph (D), if such 
     conduct is alleged to have occurred before the date on which 
     the alien was granted blue card status.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the first day of the seventh month that 
     begins after the date of the enactment of this Act.

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

     SEC. 201. AMENDMENTS TO THE IMMIGRATION AND NATIONALITY ACT.

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

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

       ``(a) Applications to the Secretary of Labor.--
       ``(1) In general.--No alien may be admitted to the United 
     States as an H-2A worker, or otherwise provided status as an 
     H-2A worker, unless the employer has filed with the Secretary 
     of Labor an application containing--
       ``(A) the assurances described in subsection (b);
       ``(B) a description of the nature and location of the work 
     to be performed;
       ``(C) the anticipated period (expected beginning and ending 
     dates) for which the workers will be needed; and
       ``(D) the number of job opportunities in which the employer 
     seeks to employ the workers.
       ``(2) Accompanied by job offer.--Each application filed 
     under paragraph (1) shall be accompanied by a copy of the job 
     offer describing the wages and other terms and conditions of 
     employment and the bona fide occupational qualifications that 
     shall be possessed by a worker to be employed in the job 
     opportunity in question.
       ``(b) Assurances for Inclusion in Applications.--The 
     assurances referred to in subsection (a)(1) are the 
     following:
       ``(1) Job opportunities covered by collective bargaining 
     agreements.--With respect to a job opportunity that is 
     covered under a collective bargaining agreement:
       ``(A) Union contract described.--The job opportunity is 
     covered by a union contract which was negotiated at arm's 
     length between a bona fide union and the employer.
       ``(B) Strike or lockout.--The specific job opportunity for 
     which the employer is requesting an H-2A worker is not vacant 
     because the former occupant is on strike or being locked out 
     in the course of a labor dispute.
       ``(C) Notification of bargaining representatives.--The 
     employer, at the time of filing the application, has provided 
     notice of the filing under this paragraph to the bargaining 
     representative of the employer's employees in the 
     occupational classification at the place or places of 
     employment for which aliens are sought.
       ``(D) Temporary or seasonal job opportunities.--The job 
     opportunity is temporary or seasonal.
       ``(E) Offers to united states workers.--The employer has 
     offered or will offer the job to any eligible United States 
     worker who applies and is equally or better qualified for the 
     job for which the nonimmigrant is, or the nonimmigrants are, 
     sought and who will be available at the time and place of 
     need.
       ``(F) Provision of insurance.--If the job opportunity is 
     not covered by the State workers' compensation law, the 
     employer will provide, at no cost to the worker, insurance 
     covering injury and disease arising out

[[Page 12504]]

     of, and in the course of, the worker's employment which will 
     provide benefits at least equal to those provided under the 
     State's workers' compensation law for comparable employment.
       ``(2) Job opportunities not covered by collective 
     bargaining agreements.--With respect to a job opportunity 
     that is not covered under a collective bargaining agreement:
       ``(A) Strike or lockout.--The specific job opportunity for 
     which the employer has applied for an H-2A worker is not 
     vacant because the former occupant is on strike or being 
     locked out in the course of a labor dispute.
       ``(B) Temporary or seasonal job opportunities.--The job 
     opportunity is temporary or seasonal.
       ``(C) Benefit, wage, and working conditions.--The employer 
     will provide, at a minimum, the benefits, wages, and working 
     conditions required by section 218A to all workers employed 
     in the job opportunities for which the employer has applied 
     for an H-2A worker under subsection (a) and to all other 
     workers in the same occupation at the place of employment.
       ``(D) Nondisplacement of united states workers.--The 
     employer did not displace and will not displace a United 
     States worker employed by the employer during the period of 
     employment and for a period of 30 days preceding the period 
     of employment in the occupation at the place of employment 
     for which the employer has applied for an H-2A worker.
       ``(E) Requirements for placement of the nonimmigrant with 
     other employers.--The employer will not place the 
     nonimmigrant with another employer unless--
       ``(i) the nonimmigrant performs duties in whole or in part 
     at 1 or more worksites owned, operated, or controlled by such 
     other employer;
       ``(ii) there are indicia of an employment relationship 
     between the nonimmigrant and such other employer; and
       ``(iii) the employer has inquired of the other employer as 
     to whether, and has no actual knowledge or notice that, 
     during the period of employment and for a period of 30 days 
     preceding the period of employment, the other employer has 
     displaced or intends to displace a United States worker 
     employed by the other employer in the occupation at the place 
     of employment for which the employer seeks approval to employ 
     H-2A workers.
       ``(F) Statement of liability.--The application form shall 
     include a clear statement explaining the liability under 
     subparagraph (E) of an employer if the other employer 
     described in such subparagraph displaces a United States 
     worker as described in such subparagraph.
       ``(G) Provision of insurance.--If the job opportunity is 
     not covered by the State workers' compensation law, the 
     employer will provide, at no cost to the worker, insurance 
     covering injury and disease arising out of and in the course 
     of the worker's employment which will provide benefits at 
     least equal to those provided under the State's workers' 
     compensation law for comparable employment.
       ``(H) Employment of united states workers.--
       ``(i) Recruitment.--The employer has taken or will take the 
     following steps to recruit United States workers for the job 
     opportunities for which the H-2A nonimmigrant is, or H-2A 
     nonimmigrants are, sought:

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

       ``(ii) Job offers.--The employer has offered or will offer 
     the job to any eligible United States worker who applies and 
     is equally or better qualified for the job for which the 
     nonimmigrant is, or nonimmigrants are, sought and who will be 
     available at the time and place of need.
       ``(iii) Period of employment.--The employer will provide 
     employment to any qualified United States worker who applies 
     to the employer during the period beginning on the date on 
     which the H-2A worker departs for the employer's place of 
     employment and ending on the date on which 50 percent of the 
     period of employment for which the H-2A worker who is in the 
     job was hired has elapsed, subject to the following 
     requirements:

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

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

[[Page 12505]]

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

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

       ``(a) Preferential Treatment of Aliens Prohibited.--
     Employers seeking to hire United States workers shall offer 
     the United States workers no less than the same benefits, 
     wages, and working conditions that the employer is offering, 
     intends to offer, or will provide to H-2A workers. 
     Conversely, no job offer may impose on United States workers 
     any restrictions or obligations which will not be imposed on 
     the employer's H-2A workers.
       ``(b) Minimum Benefits, Wages, and Working Conditions.--
     Except in cases where higher benefits, wages, or working 
     conditions are required by the provisions of subsection (a), 
     in order to protect similarly employed United States workers 
     from adverse effects with respect to benefits, wages, and 
     working conditions, every job offer which shall accompany an 
     application under section 218(b)(2) shall include each of the 
     following benefit, wage, and working condition provisions:
       ``(1) Requirement to provide housing or a housing 
     allowance.--
       ``(A) In general.--An employer applying under section 
     218(a) for H-2A workers shall offer to provide housing at no 
     cost to all workers in job opportunities for which the 
     employer has applied under that section and to all other 
     workers in the same occupation at the place of employment, 
     whose place of residence is beyond normal commuting distance.
       ``(B) Type of housing.--In complying with subparagraph (A), 
     an employer may, at the employer's election, provide housing 
     that meets applicable Federal standards for temporary labor 
     camps or secure housing that meets applicable local standards 
     for rental or public accommodation housing or other 
     substantially similar class of habitation, or in the absence 
     of applicable local standards, State standards for rental or 
     public accommodation housing or other substantially similar 
     class of habitation. In the absence of applicable local or 
     State standards, Federal temporary labor camp standards shall 
     apply.
       ``(C) Family housing.--If it is the prevailing practice in 
     the occupation and area of intended employment to provide 
     family housing, family housing shall be provided to workers 
     with families who request it.
       ``(D) Workers engaged in the range production of 
     livestock.--The Secretary of Labor shall issue regulations 
     that address the specific requirements for the provision of 
     housing to workers engaged in the range production of 
     livestock.
       ``(E) Limitation.--Nothing in this paragraph shall be 
     construed to require an employer to provide or secure housing 
     for persons who were not entitled to such housing under the 
     temporary labor certification regulations in effect on June 
     1, 1986.
       ``(F) Charges for housing.--
       ``(i) Charges for public housing.--If public housing 
     provided for migrant agricultural workers under the auspices 
     of a local, county, or State government is secured by an 
     employer, and use of the public housing unit normally 
     requires charges from migrant workers, such charges shall be 
     paid by the employer directly to the appropriate individual 
     or entity affiliated with the housing's management.
       ``(ii) Deposit charges.--Charges in the form of deposits 
     for bedding or other similar incidentals related to housing 
     shall not be levied upon workers by employers who provide 
     housing for their workers. An employer may require a worker 
     found to have been responsible for damage to such housing 
     which is not the result of normal wear and tear related to 
     habitation to reimburse the employer for the reasonable cost 
     of repair of such damage.
       ``(G) Housing allowance as alternative.--
       ``(i) In general.--If the requirement set out in clause 
     (ii) is satisfied, the employer may provide a reasonable 
     housing allowance instead of offering housing under 
     subparagraph (A). Upon the request of a worker seeking 
     assistance in locating housing, the employer shall make a 
     good faith effort to assist the worker in identifying and 
     locating housing in the area of intended employment. An 
     employer who offers a housing allowance to a worker, or 
     assists a worker in locating housing which the worker 
     occupies, pursuant to this clause shall not be deemed a 
     housing provider under section 203 of the Migrant and 
     Seasonal Agricultural Worker Protection Act (29 U.S.C. 1823) 
     solely by virtue of providing such housing allowance. No 
     housing allowance may be used for housing which is owned or 
     controlled by the employer.
       ``(ii) Certification.--The requirement of this clause is 
     satisfied if the Governor of the State certifies to the 
     Secretary of Labor that there is adequate housing available 
     in the area of intended employment for migrant farm workers 
     and H-2A workers who are seeking temporary housing while 
     employed in agricultural work. Such certification shall 
     expire after 3 years unless renewed by the Governor of the 
     State.
       ``(iii) Amount of allowance.--

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

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

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

       ``(ii) Distance traveled.--No reimbursement under 
     subparagraph (A) or (B) shall be required if the distance 
     traveled is 100 miles or less, or the worker is not residing 
     in employer-provided housing or housing secured through an 
     allowance as provided in paragraph (1)(G).
       ``(D) Early termination.--If the worker is laid off or 
     employment is terminated for contract impossibility (as 
     described in paragraph (4)(D)) before the anticipated ending 
     date of employment, the employer shall provide the 
     transportation and subsistence required by subparagraph (B) 
     and, notwithstanding whether the worker has completed 50 
     percent of the period of employment, shall provide the 
     transportation reimbursement required by subparagraph (A).
       ``(E) Transportation between living quarters and 
     worksite.--The employer shall provide transportation between 
     the worker's living quarters and the employer's worksite 
     without cost to the worker, and such transportation will be 
     in accordance with applicable laws and regulations.
       ``(3) Required wages.--
       ``(A) In general.--An employer applying for workers under 
     section 218(a) shall offer to pay, and shall pay, all workers 
     in the occupation for which the employer has applied for 
     workers, not less (and is not required to pay more) than the 
     greater of the prevailing wage in the occupation in the area 
     of intended employment or the adverse effect wage rate. No 
     worker shall be paid less than the greater of the hourly wage 
     prescribed under section 6(a)(1) of the Fair Labor Standards 
     Act of 1938 (29 U.S.C. 206(a)(1)) or the applicable State 
     minimum wage.
       ``(B) Limitation.--Effective on the date of the enactment 
     of the Agricultural Job Opportunities, Benefits, and Security 
     Act of 2009 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, 2009, 
     as established by section 655.107 of title 20, Code of 
     Federal Regulations.

[[Page 12506]]

       ``(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, 2009, had been annually adjusted, 
     beginning on March 1, 2012, 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 \3/4\ guarantee described in paragraph 
     (4);
       ``(iv) the hours actually worked by the worker;
       ``(v) an itemization of the deductions made from the 
     worker's wages; and
       ``(vi) if piece rates of pay are used, the units produced 
     daily.
       ``(G) Report on wage protections.--Not later than December 
     31, 2011, the Comptroller General of the United States shall 
     prepare and transmit to the Secretary of Labor, the Committee 
     on the Judiciary of the Senate, and Committee on the 
     Judiciary of the House of Representatives, a report that 
     addresses--
       ``(i) whether the employment of H-2A or unauthorized aliens 
     in the United States agricultural workforce has depressed 
     United States farm worker wages below the levels that would 
     otherwise have prevailed if alien farm workers had not been 
     employed in the United States;
       ``(ii) whether an adverse effect wage rate is necessary to 
     prevent wages of United States farm workers in occupations in 
     which H-2A workers are employed from falling below the wage 
     levels that would have prevailed in the absence of the 
     employment of H-2A workers in those occupations;
       ``(iii) whether alternative wage standards, such as a 
     prevailing wage standard, would be sufficient to prevent 
     wages in occupations in which H-2A workers are employed from 
     falling below the wage level that would have prevailed in the 
     absence of H-2A employment;
       ``(iv) whether any changes are warranted in the current 
     methodologies for calculating the adverse effect wage rate 
     and the prevailing wage; and
       ``(v) recommendations for future wage protection under this 
     section.
       ``(H) Commission on wage standards.--
       ``(i) Establishment.--There is established the Commission 
     on Agricultural Wage Standards under the H-2A program (in 
     this subparagraph referred to as the `Commission').
       ``(ii) Composition.--The Commission shall consist of 10 
     members as follows:

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

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

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

       ``(iv) Final report.--Not later than December 31, 2011, the 
     Commission shall submit a report to the Congress setting 
     forth the findings of the study conducted under clause (iii).
       ``(v) Termination date.--The Commission shall terminate 
     upon submitting its final report.
       ``(4) Guarantee of employment.--
       ``(A) Offer to worker.--The employer shall guarantee to 
     offer the worker employment for the hourly equivalent of at 
     least \3/4\ of the work days of the total period of 
     employment, beginning with the first work day after the 
     arrival of the worker at the place of employment and ending 
     on the expiration date specified in the job offer. For 
     purposes of this subparagraph, the hourly equivalent means 
     the number of hours in the work days as stated in the job 
     offer and shall exclude the worker's Sabbath and Federal 
     holidays. If the employer affords the United States or H-2A 
     worker less employment than that required under this 
     paragraph, the employer shall pay such worker the amount 
     which the worker would have earned had the worker, in fact, 
     worked for the guaranteed number of hours.
       ``(B) Failure to work.--Any hours which the worker fails to 
     work, up to a maximum of the number of hours specified in the 
     job offer for a work day, when the worker has been offered an 
     opportunity to do so, and all hours of work actually 
     performed (including voluntary work in excess of the number 
     of hours specified in the job offer in a work day, on the 
     worker's Sabbath, or on Federal holidays) may be counted by 
     the employer in calculating whether the period of guaranteed 
     employment has been met.
       ``(C) Abandonment of employment, termination for cause.--If 
     the worker voluntarily abandons employment before the end of 
     the contract period, or is terminated for cause, the worker 
     is not entitled to the `\3/4\ guarantee' described in 
     subparagraph (A).
       ``(D) Contract impossibility.--If, before the expiration of 
     the period of employment specified in the job offer, the 
     services of the worker are no longer required for reasons 
     beyond the control of the employer due to any form of natural 
     disaster, including a flood, hurricane, freeze, earthquake, 
     fire, drought, plant or animal disease or pest infestation, 
     or regulatory drought, before the guarantee in subparagraph 
     (A) is fulfilled, the employer may terminate the worker's 
     employment. In the event of such termination, the employer 
     shall fulfill the employment guarantee in subparagraph (A) 
     for the work days that have elapsed from the first work day 
     after the arrival of the worker to the termination of 
     employment. In such cases, the employer will make efforts to 
     transfer the United States worker to other comparable 
     employment acceptable to the worker. If such transfer is not 
     effected, the employer shall provide the return 
     transportation required in paragraph (2)(D).
       ``(5) Motor vehicle safety.--
       ``(A) Mode of transportation subject to coverage.--
       ``(i) In general.--Except as provided in clauses (iii) and 
     (iv), this subsection applies to any H-2A employer that uses 
     or causes to be used any vehicle to transport an H-2A worker 
     within the United States.
       ``(ii) Defined term.--In this paragraph, the term `uses or 
     causes to be used'--

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

       ``(aa) transportation provided, or transportation 
     arrangements made, by an H-2A worker, unless the employer 
     specifically requested or arranged such transportation; or
       ``(bb) car pooling arrangements made by H-2A workers 
     themselves, using 1 of the workers' own vehicles, unless 
     specifically requested by the employer directly or through a 
     farm labor contractor.
       ``(iii) Clarification.--Providing a job offer to an H-2A 
     worker that causes the worker to travel to or from the place 
     of employment, or the payment or reimbursement of the 
     transportation costs of an H-2A worker by an H-2A employer, 
     shall not constitute an arrangement of, or participation in, 
     such transportation.
       ``(iv) Agricultural machinery and equipment excluded.--This 
     subsection does not apply to the transportation of an H-2A 
     worker on a tractor, combine, harvester, picker, or other 
     similar machinery or equipment while such worker is actually 
     engaged in the

[[Page 12507]]

     planting, cultivating, or harvesting of agricultural 
     commodities or the care of livestock or poultry or engaged in 
     transportation incidental thereto.
       ``(v) Common carriers excluded.--This subsection does not 
     apply to common carrier motor vehicle transportation in which 
     the provider holds itself out to the general public as 
     engaging in the transportation of passengers for hire and 
     holds a valid certification of authorization for such 
     purposes from an appropriate Federal, State, or local agency.
       ``(B) Applicability of standards, licensing, and insurance 
     requirements.--
       ``(i) In general.--When using, or causing to be used, any 
     vehicle for the purpose of providing transportation to which 
     this subparagraph applies, each employer shall--

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

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

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

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

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

       ``(a) Petitioning for Admission.--An employer, or an 
     association acting as an agent or joint employer for its 
     members, that seeks the admission into the United States of 
     an H-2A worker may file a petition with the Secretary. The 
     petition shall be accompanied by an accepted and currently 
     valid certification provided by the Secretary of Labor under 
     section 218(e)(2)(B) covering the petitioner.
       ``(b) Expedited Adjudication by the Secretary.--The 
     Secretary shall establish a procedure for expedited 
     adjudication of petitions filed under subsection (a) and 
     within 7 working days shall, by fax, cable, or other means 
     assuring expedited delivery, transmit a copy of notice of 
     action on the petition to the petitioner and, in the case of 
     approved petitions, to the appropriate immigration officer at 
     the port of entry or United States consulate (as the case may 
     be) where the petitioner has indicated that the alien 
     beneficiary (or beneficiaries) will apply for a visa or 
     admission to the United States.
       ``(c) Criteria for Admissibility.--
       ``(1) In general.--An H-2A worker shall be considered 
     admissible to the United States if the alien is otherwise 
     admissible under this section, section 218, and section 218A, 
     and the alien is not ineligible under paragraph (2).
       ``(2) Disqualification.--An alien shall be considered 
     inadmissible to the United States and ineligible for 
     nonimmigrant status under section 101(a)(15)(H)(ii)(a) if the 
     alien has, at any time during the past 5 years--
       ``(A) violated a material provision of this section, 
     including the requirement to promptly depart the United 
     States when the alien's authorized period of admission under 
     this section has expired; or
       ``(B) otherwise violated a term or condition of admission 
     into the United States as a nonimmigrant, including 
     overstaying the period of authorized admission as such a 
     nonimmigrant.
       ``(3) Waiver of ineligibility for unlawful presence.--
       ``(A) In general.--An alien who has not previously been 
     admitted into the United States pursuant to this section, and 
     who is otherwise eligible for admission in accordance with 
     paragraphs (1) and (2), shall not be deemed inadmissible by 
     virtue of section 212(a)(9)(B). If an alien described in the 
     preceding sentence is present in the United States, the alien 
     may apply from abroad for H-2A status, but may not be granted 
     that status in the United States.
       ``(B) Maintenance of waiver.--An alien provided an initial 
     waiver of ineligibility pursuant to subparagraph (A) shall 
     remain eligible for such waiver unless the alien violates the 
     terms of this section or again becomes ineligible under 
     section 212(a)(9)(B) by virtue of unlawful presence in the 
     United States after the date of the initial waiver of 
     ineligibility pursuant to subparagraph (A).
       ``(d) Period of Admission.--
       ``(1) In general.--The alien shall be admitted for the 
     period of employment in the application certified by the 
     Secretary of Labor pursuant to section 218(e)(2)(B), not to 
     exceed 10 months, supplemented by a period of not more than 1 
     week before the beginning of the period of employment for the 
     purpose of travel to the worksite and a period of 14 days 
     following the period of employment for the purpose of 
     departure or extension based on a subsequent offer of 
     employment, except that--
       ``(A) the alien is not authorized to be employed during 
     such 14-day period except in the employment for which the 
     alien was previously authorized; and
       ``(B) the total period of employment, including such 14-day 
     period, may not exceed 10 months.
       ``(2) Construction.--Nothing in this subsection shall limit 
     the authority of the Secretary to extend the stay of the 
     alien under any other provision of this Act.
       ``(e) Abandonment of Employment.--
       ``(1) In general.--An alien admitted or provided status 
     under section 101(a)(15)(H)(ii)(a) who abandons the 
     employment which was the basis for such admission or status 
     shall be considered to have failed to maintain nonimmigrant 
     status as an H-2A worker and shall depart the United States 
     or be subject to removal under section 237(a)(1)(C)(i).
       ``(2) Report by employer.--The employer, or association 
     acting as agent for the employer, shall notify the Secretary 
     not later than 7 days after an H-2A worker prematurely 
     abandons employment.
       ``(3) Removal by the secretary.--The Secretary shall 
     promptly remove from the United States any H-2A worker who 
     violates any term or condition of the worker's nonimmigrant 
     status.
       ``(4) Voluntary termination.--Notwithstanding paragraph 
     (1), an alien may voluntarily terminate his or her employment 
     if the alien promptly departs the United States upon 
     termination of such employment.
       ``(f) Replacement of Alien.--
       ``(1) In general.--Upon presentation of the notice to the 
     Secretary required by subsection (e)(2), the Secretary of 
     State shall promptly issue a visa to, and the Secretary shall 
     admit into the United States, an eligible alien designated by 
     the employer to replace an H-2A worker--
       ``(A) who abandons or prematurely terminates employment; or
       ``(B) whose employment is terminated after a United States 
     worker is employed pursuant to section 218(b)(2)(H)(iii), if 
     the United States worker voluntarily departs before the end 
     of the period of intended employment or if the employment 
     termination is for a lawful job-related reason.
       ``(2) Construction.--Nothing in this subsection is intended 
     to limit any preference required to be accorded United States 
     workers under any other provision of this Act.
       ``(g) Identification Document.--
       ``(1) In general.--Each alien authorized to be admitted 
     under section 101(a)(15)(H)(ii)(a) shall be provided an 
     identification and employment eligibility document to verify 
     eligibility for employment in the United States and verify 
     the alien's identity.
       ``(2) Requirements.--No identification and employment 
     eligibility document may be issued which does not meet the 
     following requirements:
       ``(A) The document shall be capable of reliably determining 
     whether--
       ``(i) the individual with the identification and employment 
     eligibility document whose eligibility is being verified is 
     in fact eligible for employment;
       ``(ii) the individual whose eligibility is being verified 
     is claiming the identity of another person; and
       ``(iii) the individual whose eligibility is being verified 
     is authorized to be admitted into, and employed in, the 
     United States as an H-2A worker.

[[Page 12508]]

       ``(B) The document shall be in a form that is resistant to 
     counterfeiting and to tampering.
       ``(C) The document shall--
       ``(i) be compatible with other databases of the Secretary 
     for the purpose of excluding aliens from benefits for which 
     they are not eligible and determining whether the alien is 
     unlawfully present in the United States; and
       ``(ii) be compatible with law enforcement databases to 
     determine if the alien has been convicted of criminal 
     offenses.
       ``(h) Extension of Stay of H-2A Aliens in the United 
     States.--
       ``(1) Extension of stay.--If an employer seeks approval to 
     employ an H-2A alien who is lawfully present in the United 
     States, the petition filed by the employer or an association 
     pursuant to subsection (a), shall request an extension of the 
     alien's stay and a change in the alien's employment.
       ``(2) Limitation on filing a petition for extension of 
     stay.--A petition may not be filed for an extension of an 
     alien's stay--
       ``(A) for a period of more than 10 months; or
       ``(B) to a date that is more than 3 years after the date of 
     the alien's last admission to the United States under this 
     section.
       ``(3) Work authorization upon filing a petition for 
     extension of stay.--
       ``(A) In general.--An alien who is lawfully present in the 
     United States may commence the employment described in a 
     petition under paragraph (1) on the date on which the 
     petition is filed.
       ``(B) Definition.--For purposes of subparagraph (A), the 
     term `file' means sending the petition by certified mail via 
     the United States Postal Service, return receipt requested, 
     or delivered by guaranteed commercial delivery which will 
     provide the employer with a documented acknowledgment of the 
     date of receipt of the petition.
       ``(C) Handling of petition.--The employer shall provide a 
     copy of the employer's petition to the alien, who shall keep 
     the petition with the alien's identification and employment 
     eligibility document as evidence that the petition has been 
     filed and that the alien is authorized to work in the United 
     States.
       ``(D) Approval of petition.--Upon approval of a petition 
     for an extension of stay or change in the alien's authorized 
     employment, the Secretary shall provide a new or updated 
     employment eligibility document to the alien indicating the 
     new validity date, after which the alien is not required to 
     retain a copy of the petition.
       ``(4) Limitation on employment authorization of aliens 
     without valid identification and employment eligibility 
     document.--An expired identification and employment 
     eligibility document, together with a copy of a petition for 
     extension of stay or change in the alien's authorized 
     employment that complies with the requirements of paragraph 
     (1), shall constitute a valid work authorization document for 
     a period of not more than 60 days beginning on the date on 
     which such petition is filed, after which time only a 
     currently valid identification and employment eligibility 
     document shall be acceptable.
       ``(5) Limitation on an individual's stay in status.--
       ``(A) Maximum period.--The maximum continuous period of 
     authorized status as an H-2A worker (including any 
     extensions) is 3 years.
       ``(B) Requirement to remain outside the united states.--
       ``(i) In general.--Subject to clause (ii), in the case of 
     an alien outside the United States whose period of authorized 
     status as an H-2A worker (including any extensions) has 
     expired, the alien may not again apply for admission to the 
     United States as an H-2A worker unless the alien has remained 
     outside the United States for a continuous period equal to at 
     least \1/5\ the duration of the alien's previous period of 
     authorized status as an H-2A worker (including any 
     extensions).
       ``(ii) Exception.--Clause (i) shall not apply in the case 
     of an alien if the alien's period of authorized status as an 
     H-2A worker (including any extensions) was for a period of 
     not more than 10 months and such alien has been outside the 
     United States for at least 2 months during the 12 months 
     preceding the date the alien again is applying for admission 
     to the United States as an H-2A worker.
       ``(i) Special Rules for Aliens Employed as Sheepherders, 
     Goat Herders, or Dairy Workers.--Notwithstanding any 
     provision of the Agricultural Job Opportunities, Benefits, 
     and Security Act of 2009, an alien admitted under section 
     101(a)(15)(H)(ii)(a) for employment as a sheepherder, goat 
     herder, or dairy worker--
       ``(1) may be admitted for an initial period of 12 months;
       ``(2) subject to subsection (j)(5), may have such initial 
     period of admission extended for a period of up to 3 years; 
     and
       ``(3) shall not be subject to the requirements of 
     subsection (h)(5) (relating to periods of absence from the 
     United States).
       ``(j) Adjustment to Lawful Permanent Resident Status for 
     Aliens Employed as Sheepherders, Goat Herders, or Dairy 
     Workers.--
       ``(1) Eligible alien.--For purposes of this subsection, the 
     term `eligible alien' means an alien--
       ``(A) having nonimmigrant status under section 
     101(a)(15)(H)(ii)(a) based on employment as a sheepherder, 
     goat herder, or dairy worker;
       ``(B) who has maintained such nonimmigrant status in the 
     United States for a cumulative total of 36 months (excluding 
     any period of absence from the United States); and
       ``(C) who is seeking to receive an immigrant visa under 
     section 203(b)(3)(A)(iii).
       ``(2) Classification petition.--In the case of an eligible 
     alien, the petition under section 204 for classification 
     under section 203(b)(3)(A)(iii) may be filed by--
       ``(A) the alien's employer on behalf of the eligible alien; 
     or
       ``(B) the eligible alien.
       ``(3) No labor certification required.--Notwithstanding 
     section 203(b)(3)(C), no determination under section 
     212(a)(5)(A) is required with respect to an immigrant visa 
     described in paragraph (1)(C) for an eligible alien.
       ``(4) Effect of petition.--The filing of a petition 
     described in paragraph (2) or an application for adjustment 
     of status based on the approval of such a petition shall not 
     constitute evidence of an alien's ineligibility for 
     nonimmigrant status under section 101(a)(15)(H)(ii)(a).
       ``(5) Extension of stay.--The Secretary shall extend the 
     stay of an eligible alien having a pending or approved 
     classification petition described in paragraph (2) in 1-year 
     increments until a final determination is made on the alien's 
     eligibility for adjustment of status to that of an alien 
     lawfully admitted for permanent residence.
       ``(6) Construction.--Nothing in this subsection shall be 
     construed to prevent an eligible alien from seeking 
     adjustment of status in accordance with any other provision 
     of law.

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

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

[[Page 12509]]

       ``(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 nonbinding dispute 
     resolution activities for a period not to exceed 90 days 
     beginning on the date on which the Federal Mediation and 
     Conciliation Service receives the request for assistance 
     unless the parties agree to an extension of this period of 
     time.
       ``(C) Authorization.--
       ``(i) In general.--Subject to clause (ii), there are 
     authorized to be appropriated to the Federal Mediation and 
     Conciliation Service $500,000 for each fiscal year to carry 
     out this section.
       ``(ii) Mediation.--Notwithstanding any other provision of 
     law, the Director of the Federal Mediation and Conciliation 
     Service is authorized to conduct the mediation or other 
     dispute resolution activities from any other appropriated 
     funds available to the Director and to reimburse such 
     appropriated funds when the funds are appropriated pursuant 
     to this authorization, such reimbursement to be credited to 
     appropriations currently available at the time of receipt.
       ``(2) Maintenance of civil action in district court by 
     aggrieved person.--An H-2A worker aggrieved by a violation of 
     rights enforceable under subsection (b) by an agricultural 
     employer or other person may file suit in any district court 
     of the United States having jurisdiction over the parties, 
     without regard to the amount in controversy, without regard 
     to the citizenship of the parties, and without regard to the 
     exhaustion of any alternative administrative remedies under 
     this Act, not later than 3 years after the date the violation 
     occurs.
       ``(3) Election.--An H-2A worker who has filed an 
     administrative complaint with the Secretary of Labor may not 
     maintain a civil action under paragraph (2) unless a 
     complaint based on the same violation filed with the 
     Secretary of Labor under subsection (a)(1) is withdrawn 
     before the filing of such action, in which case the rights 
     and remedies available under this subsection shall be 
     exclusive.
       ``(4) Preemption of state contract rights.--Nothing in this 
     Act shall be construed to diminish the rights and remedies of 
     an H-2A worker under any other Federal or State law or 
     regulation or under any collective bargaining agreement, 
     except that no court or administrative action shall be 
     available under any State contract law to enforce the rights 
     created by this Act.
       ``(5) Waiver of rights prohibited.--Agreements by employees 
     purporting to waive or modify their rights under this Act 
     shall be void as contrary to public policy, except that a 
     waiver or modification of the rights or obligations in favor 
     of the Secretary of Labor shall be valid for purposes of the 
     enforcement of this Act. The preceding sentence may not be 
     construed to prohibit agreements to settle private disputes 
     or litigation.
       ``(6) Award of damages or other equitable relief.--
       ``(A) If the court finds that the respondent has 
     intentionally violated any of the rights enforceable under 
     subsection (b), it shall award actual damages, if any, or 
     equitable relief.
       ``(B) Any civil action brought under this section shall be 
     subject to appeal as provided in chapter 83 of title 28, 
     United States Code.
       ``(7) Workers' compensation benefits; exclusive remedy.--
       ``(A) Notwithstanding any other provision of this section, 
     where a State's workers' compensation law is applicable and 
     coverage is provided for an H-2A worker, the workers' 
     compensation benefits shall be the exclusive remedy for the 
     loss of such worker under this section in the case of bodily 
     injury or death in accordance with such State's workers' 
     compensation law.
       ``(B) The exclusive remedy prescribed in subparagraph (A) 
     precludes the recovery under paragraph (6) of actual damages 
     for loss from an injury or death but does not preclude other 
     equitable relief, except that such relief shall not include 
     back or front pay or in any manner, directly or indirectly, 
     expand or otherwise alter or affect--
       ``(i) a recovery under a State workers' compensation law; 
     or
       ``(ii) rights conferred under a State workers' compensation 
     law.
       ``(8) Tolling of statute of limitations.--If it is 
     determined under a State workers' compensation law that the 
     workers' compensation law is not applicable to a claim for 
     bodily injury or death of an H-2A worker, the statute of 
     limitations for bringing an action for actual damages for 
     such injury or death under subsection (c) shall be tolled for 
     the period during which the claim for such injury or death 
     under such State workers' compensation law was pending. The 
     statute of limitations for an action for actual damages or 
     other equitable relief arising out of the same transaction or 
     occurrence as the injury or death of the H-2A worker shall be 
     tolled for the period during which the claim for such injury 
     or death was pending under the State workers' compensation 
     law.
       ``(9) Preclusive effect.--Any settlement by an H-2A worker 
     and an H-2A employer or any person reached through the 
     mediation process required under subsection (c)(1) shall 
     preclude any right of action arising out of the same facts 
     between the parties in any Federal or State court or 
     administrative proceeding, unless specifically provided 
     otherwise in the settlement agreement.
       ``(10) Settlements.--Any settlement by the Secretary of 
     Labor with an H-2A employer on behalf of an H-2A worker of a 
     complaint filed with the Secretary of Labor under this 
     section or any finding by the Secretary of Labor under 
     subsection (a)(1)(B) shall preclude any right of action 
     arising out of the same facts between the parties under any 
     Federal or State court or administrative proceeding, unless 
     specifically provided otherwise in the settlement agreement.
       ``(d) Discrimination Prohibited.--
       ``(1) In general.--It is a violation of this subsection for 
     any person who has filed an application under section 218(a), 
     to intimidate, threaten, restrain, coerce, blacklist, 
     discharge, or in any other manner discriminate against an 
     employee (which term, for purposes of this subsection, 
     includes a

[[Page 12510]]

     former employee and an applicant for employment) because the 
     employee has disclosed information to the employer, or to any 
     other person, that the employee reasonably believes evidences 
     a violation of section 218 or 218A or any rule or regulation 
     pertaining to section 218 or 218A, or because the employee 
     cooperates or seeks to cooperate in an investigation or other 
     proceeding concerning the employer's compliance with the 
     requirements of section 218 or 218A or any rule or regulation 
     pertaining to either of such sections.
       ``(2) Discrimination against h-2a workers.--It is a 
     violation of this subsection for any person who has filed an 
     application under section 218(a), to intimidate, threaten, 
     restrain, coerce, blacklist, discharge, or in any manner 
     discriminate against an H-2A employee because such worker 
     has, with just cause, filed a complaint with the Secretary of 
     Labor regarding a denial of the rights enumerated and 
     enforceable under subsection (b) or instituted, or caused to 
     be instituted, a private right of action under subsection (c) 
     regarding the denial of the rights enumerated under 
     subsection (b), or has testified or is about to testify in 
     any court proceeding brought under subsection (c).
       ``(e) Authorization To Seek Other Appropriate Employment.--
     The Secretary of Labor and the Secretary shall establish a 
     process under which an H-2A worker who files a complaint 
     regarding a violation of subsection (d) and is otherwise 
     eligible to remain and work in the United States may be 
     allowed to seek other appropriate employment in the United 
     States for a period not to exceed the maximum period of stay 
     authorized for such nonimmigrant classification.
       ``(f) Role of Associations.--
       ``(1) Violation by a member of an association.--An employer 
     on whose behalf an application is filed by an association 
     acting as its agent is fully responsible for such 
     application, and for complying with the terms and conditions 
     of sections 218 and 218A, as though the employer had filed 
     the application itself. If such an employer is determined, 
     under this section, to have committed a violation, the 
     penalty for such violation shall apply only to that member of 
     the association unless the Secretary of Labor determines that 
     the association or other member participated in, had 
     knowledge, or reason to know, of the violation, in which case 
     the penalty shall be invoked against the association or other 
     association member as well.
       ``(2) Violations by an association acting as an employer.--
     If an association filing an application as a sole or joint 
     employer is determined to have committed a violation under 
     this section, the penalty for such violation shall apply only 
     to the association unless the Secretary of Labor determines 
     that an association member or members participated in or had 
     knowledge, or reason to know of the violation, in which case 
     the penalty shall be invoked against the association member 
     or members as well.

     ``SEC. 218D. DEFINITIONS.

       ``For purposes of this section and section 218, 218A, 218B, 
     and 218C:
       ``(1) Agricultural employment.--The term `agricultural 
     employment' means any service or activity that is considered 
     to be agricultural under section 3(f) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural 
     labor under section 3121(g) of the Internal Revenue Code of 
     1986 or the performance of agricultural labor or services 
     described in section 101(a)(15)(H)(ii)(a).
       ``(2) Bona fide union.--The term `bona fide union' means 
     any organization in which employees participate and which 
     exists for the purpose of dealing with employers concerning 
     grievances, labor disputes, wages, rates of pay, hours of 
     employment, or other terms and conditions of work for 
     agricultural employees. Such term does not include an 
     organization formed, created, administered, supported, 
     dominated, financed, or controlled by an employer or employer 
     association or its agents or representatives.
       ``(3) Displace.--The term `displace', in the case of an 
     application with respect to 1 or more H-2A workers by an 
     employer, means laying off a United States worker from a job 
     for which the H-2A worker or workers is or are sought.
       ``(4) Eligible.--The term `eligible', when used with 
     respect to an individual, means an individual who is not an 
     unauthorized alien (as defined in section 274A).
       ``(5) Employer.--The term `employer' means any person or 
     entity, including any farm labor contractor and any 
     agricultural association, that employs workers in 
     agricultural employment.
       ``(6) H-2A employer.--The term `H-2A employer' means an 
     employer who seeks to hire 1 or more nonimmigrant aliens 
     described in section 101(a)(15)(H)(ii)(a).
       ``(7) H-2A worker.--The term `H-2A worker' means a 
     nonimmigrant described in section 101(a)(15)(H)(ii)(a).
       ``(8) Job opportunity.--The term `job opportunity' means a 
     job opening for temporary or seasonal full-time employment at 
     a place in the United States to which United States workers 
     can be referred.
       ``(9) Laying off.--
       ``(A) In general.--The term `laying off', with respect to a 
     worker--
       ``(i) means to cause the worker's loss of employment, other 
     than through a discharge for inadequate performance, 
     violation of workplace rules, cause, voluntary departure, 
     voluntary retirement, contract impossibility (as described in 
     section 218A(b)(4)(D)), or temporary suspension of employment 
     due to weather, markets, or other temporary conditions; but
       ``(ii) does not include any situation in which the worker 
     is offered, as an alternative to such loss of employment, a 
     similar employment opportunity with the same employer (or, in 
     the case of a placement of a worker with another employer 
     under section 218(b)(2)(E), with either employer described in 
     such section) at equivalent or higher compensation and 
     benefits than the position from which the employee was 
     discharged, regardless of whether or not the employee accepts 
     the offer.
       ``(B) Statutory construction.--Nothing in this paragraph is 
     intended to limit an employee's rights under a collective 
     bargaining agreement or other employment contract.
       ``(10) Regulatory drought.--The term `regulatory drought' 
     means a decision subsequent to the filing of the application 
     under section 218 by an entity not under the control of the 
     employer making such filing which restricts the employer's 
     access to water for irrigation purposes and reduces or limits 
     the employer's ability to produce an agricultural commodity, 
     thereby reducing the need for labor.
       ``(11) Seasonal.--Labor is performed on a `seasonal' basis 
     if--
       ``(A) ordinarily, it pertains to or is of the kind 
     exclusively performed at certain seasons or periods of the 
     year; and
       ``(B) from its nature, it may not be continuous or carried 
     on throughout the year.
       ``(12) Secretary.--Except as otherwise provided, the term 
     `Secretary' means the Secretary of Homeland Security.
       ``(13) Temporary.--A worker is employed on a `temporary' 
     basis where the employment is intended not to exceed 10 
     months.
       ``(14) United states worker.--The term `United States 
     worker' means any worker, whether a national of the United 
     States, an alien lawfully admitted for permanent residence, 
     or any other alien, who is authorized to work in the job 
     opportunity within the United States, except an alien 
     admitted or otherwise provided status under section 
     101(a)(15)(H)(ii)(a).''.
       (b) Table of Contents.--The table of contents of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended by striking the item relating to section 218 and 
     inserting the following:

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

                  TITLE III--MISCELLANEOUS PROVISIONS

     SEC. 301. DETERMINATION AND USE OF USER FEES.

       (a) Schedule of Fees.--The Secretary shall establish and 
     periodically adjust a schedule of fees for the employment of 
     aliens pursuant to the amendment made by section 201(a) of 
     this Act and a collection process for such fees from 
     employers. Such fees shall be the only fees chargeable to 
     employers for services provided under such amendment.
       (b) Determination of Schedule.--
       (1) In general.--The schedule under subsection (a) shall 
     reflect a fee rate based on the number of job opportunities 
     indicated in the employer's application under section 218 of 
     the Immigration and Nationality Act, as amended by section 
     201 of this Act, and sufficient to provide for the direct 
     costs of providing services related to an employer's 
     authorization to employ aliens pursuant to the amendment made 
     by section 201(a) of this Act, to include the certification 
     of eligible employers, the issuance of documentation, and the 
     admission of eligible aliens.
       (2) Procedure.--
       (A) In general.--In establishing and adjusting such a 
     schedule, the Secretary shall comply with Federal cost 
     accounting and fee setting standards.
       (B) Publication and comment.--The Secretary shall publish 
     in the Federal Register an initial fee schedule and 
     associated collection process and the cost data or estimates 
     upon which such fee schedule is based, and any subsequent 
     amendments thereto, pursuant to which public comment shall be 
     sought and a final rule issued.
       (c) Use of Proceeds.--Notwithstanding any other provision 
     of law, all proceeds resulting from the payment of the fees 
     pursuant to the amendment made by section 201(a) of this Act 
     shall be available without further appropriation and shall 
     remain available without fiscal year limitation to reimburse 
     the Secretary, the Secretary of State, and the Secretary of 
     Labor for the costs of carrying out--
       (1) sections 218 and 218B of the Immigration and 
     Nationality Act, as amended and added, respectively, by 
     section 201 of this Act; and
       (2) the provisions of this Act.

     SEC. 302. REGULATIONS.

       (a) Requirement for the Secretary To Consult.--The 
     Secretary shall consult with the Secretary of Labor and the 
     Secretary of Agriculture during the promulgation of all

[[Page 12511]]

     regulations to implement the duties of the Secretary under 
     this Act and the amendments made by this Act.
       (b) Requirement for the Secretary of State To Consult.--The 
     Secretary of State shall consult with the Secretary, the 
     Secretary of Labor, and the Secretary of Agriculture on all 
     regulations to implement the duties of the Secretary of State 
     under this Act and the amendments made by this Act.
       (c) Requirement for the Secretary of Labor To Consult.--The 
     Secretary of Labor shall consult with the Secretary of 
     Agriculture and the Secretary on all regulations to implement 
     the duties of the Secretary of Labor under this Act and the 
     amendments made by this Act.
       (d) Deadline for Issuance of Regulations.--All regulations 
     to implement the duties of the Secretary, the Secretary of 
     State, and the Secretary of Labor created under sections 218, 
     218A, 218B, 218C, and 218D of the Immigration and Nationality 
     Act, as amended or added by section 201 of this Act, shall 
     take effect on the effective date of section 201 and shall be 
     issued not later than 1 year after the date of enactment of 
     this Act.

     SEC. 303. REPORTS TO CONGRESS.

       (a) Annual Report.--Not later than September 30 of each 
     year, the Secretary shall submit a report to Congress that 
     identifies, for the previous year--
       (1) the number of job opportunities approved for employment 
     of aliens admitted under section 101(a)(15)(H)(ii)(a) of the 
     Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)(H)(ii)(a)), and the number of workers actually 
     admitted, disaggregated by State and by occupation;
       (2) the number of such aliens reported to have abandoned 
     employment pursuant to subsection (e)(2) of section 218B of 
     such Act, as added by section 201;
       (3) the number of such aliens who departed the United 
     States within the period specified in subsection (d) of such 
     section 218B;
       (4) the number of aliens who applied for blue card status 
     pursuant to section 101(a);
       (5) the number of aliens who were granted such status 
     pursuant section 101(a);
       (6) the number of aliens who applied for an adjustment of 
     status pursuant to section 103(a); and
       (7) the number of aliens who received an adjustment of 
     status pursuant section 103(a).
       (b) Implementation Report.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary shall 
     prepare and submit to Congress a report that describes the 
     measures being taken and the progress made in implementing 
     this Act.

     SEC. 304. EFFECTIVE DATE.

       The amendments made by section 201 and section 301 shall 
     take effect 1 year after the date of the enactment of this 
     Act.
                                  ____



                                                Change to Win,

                                     Washington, DC, May 14, 2009.
     Hon. Dianne Feinstein,
     U.S. Senate,
     Washington, DC.
       Dear Senator Feinstein: The seven affiliated unions and six 
     million members of Change to Win write to thank you for your 
     continued leadership in reintroducing the ``AgJOBS'' bill 
     (the Agricultural Job Opportunities, Benefits, and Security 
     Act of 2009), and to pledge our full support for its 
     enactment.
       The effects of our broken immigration system on the labor 
     market must be addressed. Farm workers and their families 
     live in fear of deportation, and agricultural growers across 
     the country face worker shortages. AgJOBS would enable farm 
     workers to bargain for better working and living conditions 
     and provide growers a legal stable labor supply by offering 
     undocumented farm workers the chance to come out of the 
     shadows and earn legal status by meeting stringent 
     agricultural-work requirements. It is important that AgJOBS 
     would also revise the H-2A agricultural guestworker program 
     in a balanced manner.
       This bipartisan bill is the product of congressional 
     negotiations and an historic compromise between the United 
     Farm Workers and major agribusiness employers. It also has 
     the full support of hundreds of farmer, worker, and immigrant 
     organizations. Its passage would be a substantial down 
     payment on the kind of comprehensive immigration reform our 
     country needs.
           Sincerely,
         Anna Burger, Chair, Change to Win, International 
           Secretary-Treasurer, Service Employees International 
           Union (SEIU); Edgar Romney, Secretary-Treasurer, Change 
           to Win, Executive Vice President, UNITE HERE; Joseph 
           Hansen, International President, United Food and 
           Commerical Workers, International Union, UFCW); James 
           Hoffa, General President, International Brotherhood of 
           Teamsters (IBT); Geralyn Lutty, United Food and 
           Commerical Workers International Union (UFCW).
         Douglas J. McCarron, General President, United 
           Brotherhood of Carpenters and Joiners of America (UBC); 
           Terence M. O'Sullivan, General President, Laborer's 
           International Union of North America (LIUNA); Bruce 
           Raynor, General President, Unite Here; Arturo S. 
           Rodriguez, President, United Farm Workers (UFW); Andrew 
           L. Stern, International President, Service Employees 
           International Union (SEIU).
                                  ____

                                             Leadership Conference


                                              on Civil Rights,

                                     Washington, DC, May 14, 2009.
     Hon. Dianne Feinstein,
     U.S. Senate,
     Washington, DC.
       Dear Senator Feinstein: On behalf of the Leadership 
     Conference on Civil Rights (LCCR), the nation's oldest, 
     largest, and most diverse civil and human rights coalition, 
     we thank you for introducing the Agricultural Job 
     Opportunities, Benefits and Security Act (``AgJOBS'') of 
     2009. We have strongly supported virtually identical versions 
     of the AgJOBS bill in previous Congresses, and we look 
     forward to working with your office and our other allies in 
     the effort to move it forward in the 111th Congress.
       AgJOBS would provide a legal, stable agricultural labor 
     supply and, at the same time, give undocumented farmworkers 
     the chance to come out of the shadows and earn legal 
     immigration status a) by meeting a past-work requirement in 
     American agriculture and b) through stringent future 
     agricultural-work requirements. Giving farmworkers the 
     ability to legalize their status is critical to enabling them 
     to bargain for better working and living conditions. AgJOBS 
     represents a balanced approach and is a tremendous 
     improvement over the current H-2A agricultural guestworker 
     program, thanks to the concessions made by all sides in this 
     debate.
       The treatment of farmworkers is a matter of great 
     importance to the civil rights community. Whether it was 
     Chinese immigrants in the 19th century, the 4.5 million 
     braceros brought into the United States during the World War 
     II era, or H-2A workers under the current program, 
     guestworkers have long been the most vulnerable and poorly 
     treated workers among us. Even today, they are subject to 
     below poverty-level wages and a lack of coverage by basic 
     labor standards that other American workers take for 
     granted--and they lack the political and economic power to 
     improve these conditions on their own. It is because of this 
     that we speak up today for their rights, and strongly urge 
     the enactment of AgJOBS.
           Sincerely,
     Wade Henderson,
       President & CEO.
     Nancy Zirkin,
       Executive Vice President.
                                  ____



                                     Dairy Farmers of America,

                                                     May 12, 2009.
     Hon. Dianne Feinstein,
     U.S. Senate, Hart Senate Office Building, Washington, DC.
       Dear Senator Feinstein: Last Congress, you showed 
     extraordinary leadership in authoring the Agricultural Jobs, 
     Opportunity, Benefits and Security Act (AgJobs), a bill which 
     restructures and reforms the current H-2A temporary 
     agricultural worker program to ensure a reliable and legal 
     workforce for the agricultural community. On behalf of the 
     nearly 18,000 members of Dairy Farmers of America, Inc. (DFA) 
     we applaud your decision to reintroduce this important 
     measure in the 111th Congress.
       Dairy Farmers of America is a dairy marketing cooperative 
     that serves and is owned by dairy farmers in 48 states. Our 
     cooperative's success is built on the success of its 
     producer-members, who raise their dairy herds and their 
     families on family farms across the nation.
       Immigrant labor plays a crucial role in contributing to the 
     success of our members and the dairy industry as a whole. A 
     large percentage of the hired workers on dairy farms of all 
     sizes are immigrants. Unfortunately, unlike most other 
     immigrant-dependent agricultural sectors, the dairy industry 
     is currently blocked by the Department of Labor (DOL) from 
     using the H-2A program because of the program's requirement 
     that the worker and job both be temporary or seasonal. This 
     seasonality aspect of the H-2A program has prevented dairy 
     farmers from using the program to attract and maintain needed 
     workers. In order to survive, our industry needs reform in 
     the system now.
       Once again, on behalf of DFA members across the country, we 
     appreciate your leadership on this matter and stand ready to 
     fight for its passage.
           Sincerely,

                                                  John Wilson,

                                            Senior Vice President,
     Marketing and Industry Affairs.
                                  ____



                                       U.S. Apple Association,

                                         Vienna, VA, May 11, 2009.
     Hon. Dianne Feinstein,
     Hart Building, U.S. Senate,
     Washington, DC.
       Dear Senator Feinstein, thank you for standing up for the 
     U.S. apple industry and other labor intensive agriculture by 
     reintroducing the AgJOBS bill in the Senate.
       Apple production and harvesting is highly labor-intensive. 
     The cost and availability of a predictable, consistent and 
     legal supply of labor is critically important to the U.S. 
     apple industry.
       The past few years have brought great uncertainty to our 
     industry. Labor shortages

[[Page 12512]]

     coupled with increased enforcement and a cumbersome, 
     unworkable H-2A guest worker program have meant that, even in 
     good crop years, growers' livelihoods are in jeopardy when 
     they cannot get all of their apples off the tree. This has 
     lead many in the industry to delay or cancel plans to expand 
     and in some cases to get out of the fruit business 
     altogether.
       We need AgJOBS! Without this critical legislation, the U.S. 
     could lose much of our domestic apple industry and with it 
     over $2 billion in farm gate value. Our apples would have to 
     be imported, most likely from China, the world's largest 
     producer of apples. We've seen what dependence on foreign oil 
     has been like. Can you imagine dependence on foreign food? 
     This is not what American consumers want.
       USApple and our industry leaders stand ready to work with 
     you and your staff to pass AgJOBS. We have supported the 
     legislation since the first year it was introduced and it is 
     our top legislative priority.
       Thank you again for your leadership on this critical issue.
           Sincerely,
                                                  Nancy E. Foster,
     President & CEO.
                                  ____



                                 Society of American Florists,

                                                     May 12, 2009.
     Hon. Dianne Feinstein,
     U.S. Senate,
     Washington, DC.
       Dear Senator Feinstein: On behalf of the members of the 
     Society of American Florists (SAF), I understand that you 
     plan to reintroduce the Agricultural Job Opportunities, 
     Benefits and Security Act (AgJOBS) this week. We applaud you 
     for your courageous leadership and tenacity in working to 
     advance agricultural labor reform. AgJOBS reflects years of 
     negotiations on complex and contentious issues and will 
     achieve historic and critical reforms to our nation's labor 
     and immigration laws.
       The bipartisan AgJOBS legislation recognizes the unique and 
     urgent need of labor intensive agricultural industries--
     ranging from floral and nursery to fruits and vegetables, 
     meat and dairy farms--to have access to a legal workforce. 
     Thank you for recognizing these needs and taking the lead to 
     change the untenable status quo. Your efforts on behalf of 
     agriculture will go far to preserve one of our country's 
     strategic commodities--a stable and reliable labor supply 
     that produces our food and helps to sustain our economy.
       An estimated two-thirds of farm workers lack proper work 
     authorization. No other segment of the economy is so 
     dependent upon a foreign-born workforce. Our industry is also 
     vulnerable to the increased workplace immigration enforcement 
     focused on employers. In addition, several pending regulatory 
     enforcement mechanisms like the ``no-match'' rule and ``E-
     Verify'' mandate an immediate legislative solution to the 
     labor problems of agriculture.
       Agricultural economists estimate that three non-farm jobs 
     in the upstream and downstream economy are sustained by every 
     farm worker job. Absent the reforms of AgJOBS, many of these 
     jobs will be lost because agricultural producers will have no 
     choice but to cut back or send some of their production 
     offshore.
       In addition, AgJOBS will contribute to increasing national 
     security by enhancing the rule of law. In the short term, 
     those eligible to earn legal status must come forward, submit 
     to a background check and make substantial commitment to 
     agricultural work prospectively. This ability to retain our 
     trained workforce will lead to a long-term solution so that 
     capacity can be built to allow greater participation in a 
     reformed H-2A program.
       Finally, the bipartisan AgJOBS continues to have the 
     endorsement and support of organized labor, agriculture, 
     immigrant rights and religious community groups, and general 
     business, through three Congresses.
       Thank you for your leadership and vision on this vital 
     issue. We look forward to working with you in the months 
     ahead to enact AgJOBS.
       The Society of American Florists is the national trade 
     association representing the entire floriculture industry, a 
     $21 billion component of the U.S. economy at retail. 
     Membership includes about 10,000 small businesses, including 
     growers, wholesalers, retailers, importers and related 
     organizations, located in communities nationwide and abroad. 
     The industry produces and sells cut flowers and foliage, 
     foliage plants, potted flowering plants, and bedding plants.
       Sincerely,
                                                     Kevin Priest,
     Chairman, Government Relations Committee.
                                  ____

                                                American Nursery &


                                        Landscape Association,

                                     Washington, DC, May 12, 2009.
     Hon. Dianne Feinstein,
     U.S. Senate,
     Washington, DC.
       Dear Senator Feinstein: The American Nursery & Landscape 
     Association commends you for your steadfast leadership toward 
     resolving the labor crisis that threatens every labor-
     intensive sector of agriculture in America. ANLA represents 
     2000 active member firms and an additional 20,000 grassroots 
     network participants who grow, sell, and install landscape 
     plants. ANLA members also produce the orchard and vineyard 
     planting stock that sustains farms in California and across 
     the nation. At farmgate, our industry was valued by the U.S. 
     Department of Agriculture at over $16 billion in 2007. 
     California is of course the nation's leading nursery stock 
     producer, but nurseries are an important agricultural 
     component from coast to coast. Nursery and greenhouse 
     production ranks among the top five sectors of agriculture in 
     28 states, and in the top 10 in all 50 states!
       Nursery farming is inherently labor intensive and requires 
     specialized skills. As with the rest of agriculture, much of 
     the nursery workforce is comprised of foreign workers; their 
     labor here contributes immensely to the American economy and 
     secures the continued employment of hundreds of thousands of 
     nursery farm managers, office, marketing, sales, and other 
     staff--good American jobs that will move to Canada or Mexico 
     or China if we do not have a stable and legal workforce 
     performing the nursery work that cannot be readily 
     mechanized.
       ANLA has long supported AgJOBS because its bipartisan, 
     common-sense reforms reflect how our country and our Congress 
     must confront and solve myriad tough challenges. AgJOBS 
     recognizes the unique experience and talent of the farm labor 
     force that is here, now, feeding America, and encourages 
     these workers to continue contributing to the well-being of 
     our nation as they earn their way to a brighter future. 
     AgJOBS also provides a lasting solution through a sweeping 
     overhaul of the H-2A program. Indeed, we could not support a 
     bill that fails to provide a lasting solution. Many ANLA 
     members now use H-2A and many more will be able to when the 
     reforms of AgJOBS are enacted.
       Senator, we have shared a difficult journey, and the 
     journey is far from complete. We look forward to the 
     enactment of the urgently-needed reforms of AgJOBS, whether 
     as part of a much broader effort to reform America's failing 
     immigration system, or as part of a strategic first step. 
     Again, thank you for your leadership.
           Sincerely,
                                          Robert J. Dolibois, CAE,
                                         Executive Vice President.
                                             Craig J. Regelbrugge,
     Vice President for Government Relations.
                                  ____



                                            Americas Majority,

                                  Overland Park, KS, May 11, 2009.
     Hon. Dianne Feinstein,
     U.S. Senate,
     Washington, DC.
       Dear Senator Feinstein: I would like to commend you on the 
     AgJobs Act of 2009, a piece of legislation crucial to 
     maintaining America's position in an increasingly 
     internationalized market in vegetables, fruits, and grains. 
     The bill is a paradigm of what immigration reform should be--
     friendly alike to families and businesses, but mindful of the 
     needs of public safety.
       It is well known to those who represent agricultural 
     constituents that foreign migrant workers are crucial to 
     American farmers, ranchers, and foresters. What is less 
     understood is the vast network of white collar jobs that 
     depend on maintaining access to guest workers in America. 
     Roughly one half of the agricultural labor force consists of 
     those who work with crops in field, nurseries, and 
     greenhouses. The rest, as the Bureau of Labor Statistics 
     NAICS codes reveal, represent a cross section of American 
     skills: Managers in production, finance, transportation, and 
     sales; computer programmers and systems analysts; accountants 
     and auditors; life scientists and agricultural engineers; 
     pilots and truck drivers, riggers and diesel mechanics; 
     salesmen, secretaries and receptionists--an entire world of 
     white collar jobs on American soil, much of it dependent on 
     the competitive nature of our operations in the fields, 
     nurseries, and greenhouses.
       It has become fashionable in some circles to pretend that 
     the exclusion of foreign workers from America's farms will 
     relieve American farmers of their competition. This is not 
     so. It is possible, had one the heart for it, to remove 
     Mexican nationals from American fields--but we cannot remove 
     Argentinians from Argentina, Brazilians from Brazil, or 
     Malaysians from Malaysia. A healthy agricultural industry 
     requires access to all types of labor, including field labor, 
     on a competitive basis, here in America.
       We hope you will succeed in moving AgJobs 2009 to keep 
     American agriculture competitive.
           Best,
                                                   Richard Nadler,
     President.
                                  ____

                                                     May 11, 2009.
     Senator Dianne Feinstein,
     U.S. Senate,
     Washington, DC.
       Dear Senator Feinstein: I am writing out of deep concern 
     for the future of the agricultural industry in California, 
     and the U.S. generally. For reasons set forth more fully 
     below, it is imperative that Congress pass legislation this 
     year, such as AgJOBS, that will provide agriculture with a 
     stable, reliable and legal workforce.

[[Page 12513]]

       As you know, California agriculture relies upon a large 
     immigrant workforce. The current economic crisis and rampant 
     unemployment has only confirmed what you and our industry 
     have been saying for years: American workers will not do 
     these jobs. Despite staggering job losses, there has been no 
     perceptible shift in the demographic makeup of our workforce. 
     Today, as always, our industry relies on a community of 
     talented immigrant farmworkers. They are the best farmworkers 
     in the world, and our industry would cease to exist without 
     them.
       Honest employers who do not intend to hire illegal 
     immigrants, but unknowingly do when employees provide them 
     with false but genuine-appearing employment verification 
     documents, stand beneath the proverbial Sword of Damocles, 
     never knowing if their workforce--or they themselves--will be 
     hauled off by federal agents. Where should agricultural 
     employers look to find labor when Americans won't do the job 
     and the ones that will are largely falsely documented? The 
     answer is not the current H-2A program, which is notoriously 
     cumbersome, uneconomical and prone to litigation.
       I submit that the best opportunity to solve the farm labor 
     issues in California and the U.S. is AgJOBS. AgJOBS would 
     provide workable and fair legal channels for farmworkers to 
     enter the country, work, and return home after completing the 
     season. At the same time, there is a clear and compelling 
     need for experienced farmworkers who lack legal status to be 
     given a chance to earn legal status over time, subject to 
     reasonable conditions.
       California's $32 billion dollar agricultural industry 
     produces one-half of the nation's fruits, vegetables and tree 
     nuts. Without the passage and implementation of AgJOBS, 
     California and the nation will continue to export farms along 
     with the field jobs and three to four upstream and downstream 
     jobs that are created in the agricultural industry. 
     Furthering U.S. dependency on imported crops from countries 
     such as China is not only dangerous for our health, it is 
     devastating to our economy.
       It is imperative that AgJOBS pass this year. On behalf of 
     Western Growers, I urge you to introduce AgJOBS in the Senate 
     as soon as possible, as this legislation must not be delayed 
     any longer.
           Sincerely,

                                             Thomas A. Nassif,

                                                President and CEO,
     Western Growers.
                                  ____



                                          United Farm Workers,

                                          Keene, CA, May 14, 2009.
     Hon. Dianne Feinstein,
     U.S. Senate,
     Washington, DC.
       Dear Senator Feinstein: Thank you for your leadership on 
     the Agricultural Job Opportunities, Benefits, and Security 
     Act (``AgJOBS'').
       As you are well-aware, the status quo for farmworkers and 
     agricultural employers is untenable and must be reformed. The 
     majority of farmworkers lack immigration status. Because they 
     live and work in the shadows, undocumented farmworkers are 
     too fearful to complain about violations of their wages and 
     working conditions and are vulnerable to exploitation by 
     labor contractors and growers. The wages of all farmworkers 
     are depressed by the presence of so many employees who lack 
     any meaningful bargaining power. The ability to legalize the 
     immigration status of farmworkers under AgJOBS is key to 
     enabling farmworkers to bargain for better working and living 
     conditions.
       With this letter are just a few stories of farmworkers and 
     their families who will be helped by the passage of AgJOBS. 
     The United Farm Workers collected these stories from 
     farmworkers and farmworker groups and unions throughout the 
     country. There are thousands more like them.
       Thank you for your continued leadership and commitment to 
     AgJOBS. We look forward to working with you to achieve this 
     desperately needed reform.
           Sincerely,
                                              Arturo S. Rodriguez,
     President
                                  ____

                                       The National Association of


                             State Departments of Agriculture,

                                     Washington, DC, May 11, 2009.
     Hon. Dianne Feinstein,
     U.S. Senate,
     Washington, DC.
       Dear Senator Feinstein: The National Association of State 
     Departments of Agriculture (NASDA) is a nonprofit nonpartisan 
     association that represents the Commissioners, Secretaries 
     and Directors of Agriculture in the 50 states and for US 
     territories. NASDA supports the Agricultural Job Opportunity, 
     Benefits and Security Act of 2009 (AgJOBS).
       As leaders in agriculture, we recognize that a critical 
     workforce need exists today in agriculture. Millions of 
     American jobs depend on agricultural production and will be 
     enhanced with legislation that can secure a legal work force 
     for agriculture as well as regularize the status of current 
     agricultural workers through an adjustment program problem. 
     Farmers in most regions of the United States have faced 
     critical shortages of entry level workers for many years. 
     AgJOBS is a solution for workers and agriculture producers.
       NASDA has carefully considered the farm labor issue and has 
     concluded that Congress needs to enact immigration reform 
     legislation that provides workable and fair legal channels 
     for farmworkers to enter the country, work, and return home 
     when the season is over. The best opportunity to achieve both 
     of these goals is the bipartisan and time-tested AgJOBS.
       NASDA's current policy on agricultural labor is consistent 
     with the objectives of the AgJOBS legislation. NASDA policy 
     addresses four areas of concern to all agricultural 
     industries: concern for the basic rights of all agricultural 
     workers, recognition that the current H2A program does not 
     serve as a viable means for addressing gaps in the local 
     workforce, the need for a trustworthy identification system 
     for non-citizen workers, and the need to regularize the 
     status of the existing workforce during a transition to a 
     more transparent and enforceable means of meeting basic 
     workforce needs.
       We greatly appreciate your support and reintroduction of 
     this important legislation.

                                                   Ron Sparks,

                                    NASDA President, Commissioner,
     Alabama Department of Agriculture & Industries.
                                  ____

                                        Chamber of Commerce of the


                                     United States of America,

                                     Washington, DC, May 14, 2009.
       To The Members of the United States Senate: The U.S. 
     Chamber of Commerce, the world's largest business federation 
     representing more than three million businesses and 
     organizations of every size, sector, and region, supports the 
     ``Agricultural Job Opportunity, Benefits, and Security Act of 
     2009'' (AgJOBS), which is expected to be introduced today.
       The Chamber supports a comprehensive solution to fixing 
     America's broken immigration system and believes that AgJOBS 
     is a step towards that goal and one that can be taken now. 
     One of the bill's most important attributes is that it 
     provides a reasonable mechanism for the most experienced, but 
     unauthorized agricultural workers to earn legal status 
     subject to strict conditions.
       Agriculture is a sector that is highly sensitive to foreign 
     competition. Forcing much of U.S. agricultural production 
     offshore through an enforcement-only approach to immigration 
     policy is resulting in significant loss of American jobs and 
     leaving the United States less secure. The U.S. agriculture 
     sector is the most reliant on the foreign-born labor supply. 
     However, each farmworker sustains jobs in the upstream and 
     downstream economy--equipment, supplies and services, 
     packaging and distribution, lending and insurance.
       The bipartisan AgJOBS is the fruit of years of hard work by 
     business and labor, conservatives and liberals, Republicans 
     and Democrats alike. The Chamber urges your support for 
     enactment of AgJOBS, this year.
           Sincerely,
                                                  R. Bruce Josten,
     Executive Vice President, Government Affairs.
                                  ____


  Agriculture Coalition for Immigration Reform--Members and Supporters

       AgriMark Inc; Agri-Placement Services; Allied Federated Co-
     Ops, Inc; Allied Grape Growers; Almond Hullers and 
     Processors; American Agri-Women; American Frozen Foods 
     Institute; American Horse Council; American Mushroom 
     Institute; American Nursery & Landscape Association; American 
     Sheep Industry Association; CoBank; Council of Northeast 
     Farmer Cooperatives; Dairy Farmers of America; Dairylea 
     Cooperative, Incorporated; Farwest Equipment Dealers 
     Association; Federation of Employers and Workers of America; 
     Gulf Citrus Growers Association; Irrigation Association; Land 
     O' Lakes.
       National Association of State Departments of Agriculture; 
     National Cattlemen's Beef Association; National Christmas 
     Tree Association; National Cotton Ginners Association; 
     National Council of Agricultural Employers; National Council 
     of Farmer Cooperatives; National Farmers Union; National 
     Greenhouse Manufacturers Association; National Milk Producers 
     Federation; National Potato Council; National Watermelon 
     Association; New England Apple Council; Nisei Farmers League; 
     Northeast Dairy Producers; Northern Christmas Tree Growers; 
     Northeast Farm Credit; Northwest Farm Credit Services; 
     Northwest Horticultural Council; OFA--An Association of 
     Floriculture Professionals; Pacific Northwest Christmas Tree 
     Association.
       Pacific Tomato Growers; Perennial Plant Association; 
     Produce Marketing Association; Pro-Fac Cooperative; Raisin 
     Bargaining Association; Rocky Mountain Farmers Union; Senseny 
     South Corporation; Snake River Farmers Association; Society 
     of American Florists; Southeast Cotton Ginners Association, 
     Inc; Southeast Dairy Farmers Association; Southern Christmas 
     Tree Association; Southern Cotton Ginners Association; 
     Southern Nursery Association; Turfgrass Producers 
     International; United Agribusiness League; United Egg 
     Association; United Egg Producers; United Fresh Produce 
     Association; U.S. Apple Association.
       U.S. Custom Harvesters Association; Western Growers; 
     Western Plant Health Association; Western Range Association; 
     Western

[[Page 12514]]

     United Dairymen; WineAmerica; Wine Grape Growers of America; 
     Wine Institute; Agricultural Affiliates (New York); 
     Agricultural Council of California; Alabama Nursery & 
     Landscape Association; Alabama Watermelon Association; 
     Arizona Nursery Association; Arkansas Green Industry 
     Association; Blue Diamond Growers; California Apple 
     Commission; California-Arizona Watermelon Association; 
     California Avocado Commission; California Association of 
     Nurseries and Garden Centers; California Association of Wine 
     Grape Growers.
       California Canning Peach Association; California Citrus 
     Mutual; California Dairies Inc; California Dried Plum Board; 
     California Farm Bureau Federation; California Fig Institute; 
     California Floral Council; California Grain and Feed 
     Association; California Grape and Tree Fruit League; 
     California League of Food Processors; California Pear Growers 
     Association; California Seed Association; California 
     Strawberry Commission; California Strawberry Nurserymens' 
     Association; California Walnut Commission; California Women 
     for Agriculture; Nursery Growers Association (CA); Olive 
     Grower Council of California; Pacific Egg and Poultry 
     Association; Sunmaid Growers of California.
       Sunsweet Growers Inc.; Valley Fig; Ventura County 
     Agricultural Association; Associated Landscape Contractors of 
     Colorado; Colorado Nursery & Greenhouse Association; Colorado 
     Potato Administrative Committee; Colorado Sugarbeet Growers 
     Association; Colorado Wine Industry Development Board; 
     Connecticut Nursery & Landscape Association; Florida Citrus 
     Mutual; Florida Citrus Packers; Florida Fruit and Vegetable 
     Association; Florida Nursery, Growers & Landscape 
     Association; Florida Watermelon Association; Georgia Green 
     Industry Association; Georgia Milk Producers; Georgia 
     Watermelon Association; Winegrowers Association of Georgia; 
     Idaho Apple Commission; Idaho Dairymen's Association.
       Idaho Dairy Producers Assn.; Idaho Grower Shippers 
     Association; Idaho Nursery & Landscape Association; Idaho-
     Oregon Fruit and Vegetable Association; Potato Growers of 
     Idaho; Illinois Grape Growers and Vintners Association; 
     Illinois Landscape Contractors Association; Illinois 
     Nurserymen's Association; Illinois Specialty Growers 
     Association; Indiana-Illinois Watermelon Association; Indiana 
     Nursery & Landscape Association; Iowa Nursery and Landscape 
     Association; Kansas Nursery and Landscape Association; 
     Kentucky Nursery & Landscape Association; Farm Credit of 
     Maine; Maine Nursery & Landscape Association; Maryland-
     Delaware Watermelon Association; Maryland Nursery & Landscape 
     Association; Associated Landscape Contractors of 
     Massachusetts; Massachusetts Nursery & Landscape Association.
       Michigan Apple Committee; Michigan Blueberry Growers; 
     Michigan Christmas Tree Association; Michigan Green Industry 
     Association; Michigan Horticultural Society; Michigan Nursery 
     and Landscape Association; Michigan Vegetable Council; 
     WineMichigan; Minnesota Nursery & Landscape Association; 
     Mississippi Nursery Association; Missouri-Arkansas Watermelon 
     Association; Missouri Landscape & Nursery Association; 
     Montana Nursery & Landscape Association; Nebraska Nursery & 
     Landscape Association; New England Nursery Association; New 
     Jersey Nursery & Landscape Association; Dairy Producers of 
     New Mexico; Cayuga Marketing; Farm Credit of Western New 
     York; First Pioneer Farm Credit.
       New York Apple Association; New York Horticulture Society; 
     New York State Nursery & Landscape Association; New York 
     State Vegetable Growers Association; ProFac Cooperative; 
     Yankee Farm Credit; North Carolina Association of Nurserymen; 
     North Carolina Christmas Tree Association; North Carolina 
     Commercial Flower Growers Association; North Carolina Farm 
     Bureau Federation; North Carolina Greenhouse Vegetable 
     Growers Association; North Carolina Green Industry 
     Association; North Carolina Potato Association; North 
     Carolina Strawberry Association; North Carolina Watermelon 
     Association; North Carolina Wine & Grape Council; Northern 
     California Growers Association; North Dakota Nursery & 
     Greenhouse Association; Northern Ohio Growers Association; 
     Nursery Growers of Lake County Ohio, Inc.
       Ohio Fruit Growers Society; Ohio Nursery & Landscape 
     Association; Ohio Vegetable & Potato Growers Association; 
     Oklahoma Greenhouse Growers Association; Oklahoma State 
     Nursery & Landscape Association; Hood River Grower-Shipper 
     Association; Oregon Association of Nurseries; Oregon Wine 
     Board; Pennsylvania Landscape & Nursery Association; State 
     Horticultural Association of Pennsylvania;
       Raisin Bargaining Association; Rhode Island Nursery and 
     Landscape Association; Snake River Farmers Association; South 
     Carolina Greenhouse Growers Association; South Carolina 
     Nursery & Landscape Association; South Carolina Watermelon 
     Association; South Dakota Nursery & Landscape Association; 
     Tennessee Nursery & Landscape Association; Lonestar Milk 
     Producers; Plains Cotton Growers.
       Select Milk Producers (TX); South Texas Cotton and Grain 
     Association; Texas Agricultural Cooperative Council; Texas 
     AgriWomen; Texas Association of Dairymen; Texas Cattle 
     Feeders Association; Texas Citrus Mutual; Texas Cotton 
     Ginners Association; Texas Grain Sorghum Producers 
     Association; Texas Nursery & Landscape Association; Texas-
     Oklahoma Watermelon Association; Texas Poultry Federation; 
     Texas Produce Export Association; Texas Produce Association; 
     Texas Turf Producers Association; Texas Vegetable 
     Association; Western Peanut Growers; Utah Dairymen's 
     Association; Utah Nursery & Landscape Association; Vermont 
     Apple Marketing Board.
       Vermont Association of Professional Horticulturists; 
     Frederick County Fruit Growers' Association (Virginia); 
     Northern Virginia Nursery & Landscape Association; Southwest 
     Virginia Nursery & Landscape Association; Virginia Apple 
     Growers Association; Virginia Christmas Tree Growers 
     Association; Virginia Nursery and Landscape Association; 
     Wasco County Fruit & Produce League; Washington Association 
     of Wine Grape Growers; Washington Growers Clearing House 
     Association; Washington Growers League; Washington Potato & 
     Onion Association; Washington State Potato Commission; 
     Washington State Nursery & Landscape Association; Washington 
     Wine Institute; West Virginia Nursery and Landscape 
     Association; Wisconsin Christmas Tree Growers Association; 
     Wisconsin Nursery Association; Wisconsin Landscape 
     Federation; Wisconsin Sod Producers Association.

  Mr. LEAHY. Mr. President, once again I am pleased to join Senator 
Feinstein to introduce the Agricultural Job Opportunities, Benefits, 
and Security Act AgJOBS. Senator Feinstein has been pursuing these 
important reforms for several years now, and I commend her dedication 
to this legislation, and to America's farmers. I join her and the other 
cosponsors of this legislation in strong support of America's 
agricultural industry and the men and women who work hard every day to 
keep our farms running.
  In Vermont, as in many States across the country, farmers are feeling 
the effects of a scarce labor pool. This problem is particularly acute 
for the dairy industry, where the employment needs are year-round and 
require a significant investment from the farmer in terms of training 
and development. I have long been concerned about the dairy farmers' 
difficulties in trying to use the agricultural visa program. It simply 
makes no sense that the visa program dedicated to agriculture cannot be 
used by such an important arm of the industry.
  I have long advocated for the dairy-specific provisions in the AgJOBS 
bill. I worked to include these protections for dairy farmers during 
Congress's last two debates on comprehensive reform, and it is time for 
the immigration law to accommodate the legitimate needs of the Nation's 
dairy farmers. The AgJOBS bill will change this. It would give dairy 
farmers needing workers the opportunity to lawfully hire foreign 
workers who can remain with their employers for a meaningful period of 
time.
  The AgJOBS legislation contains other important reforms that will 
help all of America's farmers. The creation of a blue card for 
undocumented agricultural workers who have been working to keep our 
farms running and fields planted and harvested is the right thing to 
do. It is a targeted and limited proposal that will serve to help 
farmers and farm workers. I have said before that no American farmer 
should be forced to choose between his or her livelihood and obeying 
the law. In Vermont it is estimated that as many as 2000 undocumented 
workers work on dairy farms in the State. We can all agree that this is 
not an ideal situation--not for the farmer and not for the worker, and 
not for an overall immigration system that is in need of substantial 
repair.
  By providing a mechanism for loyal undocumented foreign workers to 
come out of the shadows and into the sunlight of the protection of the 
law and the rights it will provide them, Congress can help begin a new 
day in American agriculture. No longer will farmers endure the waste 
and heartbreak of watching fields of crops rot for lack of workers to 
harvest. Workers will be able to contribute lawfully and openly to our 
Nation's agricultural industry, and integrate into their surrounding 
communities, adding to the fabric of our diverse American life. The 
need for this legislation is clear and present, and I hope that some 
who have stood in opposition to sensible immigration reform will 
recognize that

[[Page 12515]]

hardworking farmers and their communities are as much the victims of 
their misguided obstructionism as are the immigrants they seek to 
punish. We will need the strong support in the Senate and from the 
Obama administration if we are to make these and other reforms to our 
immigration system. President Obama recognized the need for this 
legislation as a Senator when he was an original cosponsor last 
Congress. His leadership will be critical as we move forward.
  Our bill contains other sensible provisions concerning the rights of 
workers, fair wages, and a streamlined process for farmers using the H-
2A process. These are all important reforms that I am proud to support. 
Senator Feinstein is committed to the Nation's farmers and those who 
work for them, and I am pleased to join her in support of these needed 
reforms.
  Mr. SCHUMER. Mr. President, I also rise today in strong support of 
the Agricultural Jobs, Opportunity, Benefits, and Security Act of 2009, 
also known as AgJOBS.
  The distinguished Senator from California has already eloquently 
explained what the AgJOBS bill is, what it seeks to accomplish and why 
America needs this Congress to pass AgJOBS as soon as possible.
  I simply wish to briefly explain to the people of my home State of 
New York--as, their Senator--and to all of the American people, as 
chairman of the Senate Immigration Subcommittee, why I support AgJOBS 
and why I think they should support AgJOBS too.
  Simply put, the status quo in our agricultural industry is 
unsustainable.
  What is the status quo? All around my home State of New York, and 
across the country, family farmers are trying to do the right thing and 
operate lawful and successful farms.
  Virtually every family farmer I have met in my travels across New 
York has aggressively tried to hire Americans to work in their 
nurseries, orchards, farms, and vineyards.
  For instance, my friends in the Long Island Farm Bureau can tell you 
that more than half of their members pay more than $12-$15 per hour per 
worker, and actively seek to hire American workers, often arranging 
buses to recruit Americans into Long Island to work.
  But what these family farmers are finding is that--even in this bad 
economy, even if they offer Americans twice or sometime three times the 
minimum wage and provide benefits--American workers simply won't stay 
in these jobs for more than a few days.
  Why don't Americans want to stay in many of these agricultural jobs? 
Let me share with you the description of the working conditions for 
agricultural workers as provided by the Bureau of Labor Statistics in 
their 2008-2009 Occupational Outlook Handbook. Here is their 
description:

       Much of the work of farmworkers and laborers on farms and 
     ranches is physically strenuous and takes place outdoors in 
     all kinds of weather.
       Harvesting fruits and vegetables, for example, may require 
     much bending, stooping, and lifting. Workers may have limited 
     access to sanitation facilities while working in the field 
     and drinking water may also be limited.
       Farm work does not lend itself to a regular 40-hour 
     workweek. Work cannot be delayed when crops must be planted 
     or harvested or when animals must be sheltered and fed.
       Long hours and weekend work is common in these jobs. For 
     example, farmworkers and agricultural equipment operators may 
     work 6- or 7-days a week during planting and harvesting 
     seasons.
       Many agricultural worker jobs are seasonal in nature, so 
     some workers also do other jobs during slow seasons. Migrant 
     farmworkers, who move from location to location as crops 
     ripen, live an unsettled lifestyle, which can be stressful.
       Farmworkers risk exposure to pesticides and other hazardous 
     chemicals sprayed on crops or plants.

  This is certainly not the description of a life most Americans would 
want for themselves, much less for their children. And so what the 
family farmers in New York experience is that even when Americans take 
these jobs, the vast majority quit after only a few days.
  So who is stepping in to take many of these difficult agricultural 
jobs? Immigrants who need these jobs to support the families they left 
behind in their native country.
  But the vast majority of the immigrants working in agricultural jobs 
are undocumented. For this reason, family farmers are often required to 
choose between hiring undocumented workers or going out of business.
  AgJOBS solves this problem in a way that is fair to everyone.
  AgJOBS requires current undocumented agricultural workers to pay a 
fine, pay their taxes, undergo thorough background checks, and legalize 
their status in order to keep their jobs. If these workers refuse to 
legalize their status, or have any kind of criminal record, they will 
be deported.
  AgJOBS provides America's family farmers with access to legal workers 
and removes the burden on farmers to perform the role of Federal 
immigration enforcement officials.
  But just as importantly, AgJOBS places increased penalties on farmers 
who hire illegal aliens and places penalties on farmers who provide 
poor working conditions for their employees. This will make it far 
likelier that Americans who want these jobs will stay in these jobs for 
longer periods of time.
  For this reason, AgJOBS is supported by hundreds of agriculture, 
business, labor, religious, and ethnic affinity groups.
  It is my profound belief that Americans are pro-legal immigration and 
anti-illegal immigration, and will support policies that are consistent 
with this basic principle.
  AgJOBS fits this description. It severely penalizes farmers who will 
continue to hire illegal immigrants and who choose to exploit their 
workers. But it also provides farmers with the ability to hire 
Americans and legal immigrants who will take these jobs.
  The current situation is simply untenable. Every day, American farms 
are closing and America has to import more and more food from abroad 
because it is far cheaper to buy foreign food than it is to produce 
food here.
  For every farmworker job we lose to another country, America loses 
three to four other American jobs in packaging, processing, supplies, 
equipment, and other related sectors.
  Failure to pass AgJOBS will continue to result in devastating 
consequences for our economy.
  In New York alone, the Farm Credit Association of New York estimates 
that if AgJOBS is not passed, New York State could lose in excess of 
900 farms, $195 million in value of agricultural production, and over 
200,000 acres in production in agriculture over the next 24 months.
  Finally, our national security is threatened when we no longer are 
able to ensure that we can sufficiently feed our people with American 
food. Without AgJOBS, we place our Nation's food security at risk from 
those who might seek to do harm to America.
  This situation can and should be remedied. AgJOBS provides the 
remedy, and I am therefore proud to be an original cosponsor of AgJOBS 
and strongly support its passage.
                                 ______
                                 
      By Ms. MURKOWSKI (for herself and Mr. Begich):
  S. 1041. A bill to amend the Oil Pollution Act of 1990 to modify the 
applicability of certain requirements to double hulled tankers 
transporting oil in bulk in Prince William Sound, Alaska; to the 
Committee on Commerce, Science, and Transportation.
  Ms. MURKOWSKI. Mr. President, today I am introducing a bill, with my 
colleague from Alaska Senator Mark Begich, that will require all oil 
laden tankers in Prince William Sound to be escorted by at least two 
towing vessels or other vessels considered appropriate by the Secretary 
of the Department of Homeland Security.
  At 12:04 a.m. on March 24, 1989, the Exxon Valdez, carrying over 53 
million gallons of crude oil, failed to turn back into the shipping 
lane after detouring to avoid ice, and ran aground on Bligh Reef. 
Alaskans will never forget that morning, waking up to hear about the 
worst oil spill and environmental disaster in U.S. history and living 
with the lasting impacts it has had on our State and residents.

[[Page 12516]]

  The National Transportation Safety Board investigated the accident 
and determined probable causes for the accident. While it determined 
that it was primarily caused by human error of the captain and crew, it 
is my belief that we had also become complacent. It had been 12 years 
since we had begun to tanker oil out of Valdez and there had not been 
an incident. However, when the spill occurred, we became acutely aware 
of how woefully unprepared we were. The few prevention measures that 
were available were inadequate and the spill response and clean-up 
resources were seriously deficient. The oil eventually fouled some 
1,300 miles of shoreline, stretching almost 500 miles, and covered an 
area of 11,000 square miles.
  While the captain and crew were found at fault for the immediate 
cause of the spill, the incident also highlighted huge gaps in 
regulatory oversight of the oil industry. The response of Congress to 
the spill was passage of the Oil Spill Pollution Act of 1990 or OPA90. 
The law overhauled shipping regulations, imposed new liability on the 
industry, required detailed response plans and added extra safeguards 
for shipping in Prince William Sound. Since the law took effect, annual 
oil spills were greatly reduced and lawmakers, marine experts, the oil 
industry and environmentalists credit the law for major improvements in 
U.S. oil and shipping industries.
  Oil spill prevention and response have been greatly improved in 
Prince William Sound since the passage of OPA90. The U.S. Coast Guard 
now monitors fully laden tankers all the way through Prince William 
Sound. Specially trained marine pilots ride the ships for 25 of the 70 
mile journey through the Sound and there are weather criteria for safe 
navigation. Contingency plans, skimmers, dispersants, oil barges and 
containment booms are all now readily available. An advanced ice-
detecting radar system is also in place to monitor the icebergs that 
flow off of the mighty Columbia Glacier.
  Two escort tugs accompany each tanker while passing through the Sound 
and are capable of assisting the tanker in the case of an emergency. 
This world class safety system recently saw the 11,000th fully loaded 
tanker safely escorted through Prince William Sound. It is estimated 
that if the Exxon Valdez would have been double-hulled, the amount of 
the spill would have been reduced by more than half. While double 
hulled tankers are a huge improvement over single hulls, they do not 
prevent oil spills.
  The legislation that Senator Begich and I are introducing today will 
maintain the existing escort system in place for all tankers. 
Presently, the federal requirement that every loaded tanker be 
accompanied through the Sound by two tugs applies only to single-hulled 
tankers. Even though, right now, double-hulled tankers are escorted by 
two vessels, federal law does not require them to be. The last single 
hulled tanker in the Prince William Sound fleet is expected to be 
retired from service by August 2012 and our legislation ensures all 
double hulled tankers will always be escorted by two tugs.
  Although there have been a number of marine incidents and near misses 
since the Exxon Valdez oil spill in 1989, over the past 20 years, 
through the efforts of the U.S. Coast Guard, industry, the State of 
Alaska, and the Prince William Sound Citizens Advisory Council to 
implement the requirements of OPA 90, there have been no major oil 
spills. Today, as a result, the marine transportation safety system 
established for Prince William Sound is regarded as among the most 
effective in the world. A key reason for that accomplishment is, in 
part, because of the safety benefits resulting from having dual escort 
vessels available to assist oil laden tankers transiting the Sound.
  Section 4116 (c) of OPA 90 requires that single hulled tankers over 
5,000 gross tons transporting oil in bulk in Prince William Sound, 
Alaska be escorted by at least two towing vessels or other vessels 
considered appropriate by the Secretary.
  Subsection (a) makes applicable to double hulled tankers the 
requirement in existing law including regulations in 33 CFR Part 168 
issued to implement that dual escort vessel requirement for single 
hulled tankers. The subsection leaves the dual escort vessel 
requirement in place for single hulled tankers. By making those cited 
regulations applicable to double hulled tankers, the U.S. Coast Guard 
would not need to issue new regulations as a result of the amendment to 
section 4116(c) of OPA 90. Rather, the Secretary is authorized and 
directed to ``carry out subparagraph (A)'' by order without notice and 
hearing, and without issuing new regulations, under section 553 of 
title 5 of the U.S. Code.
  The dual escort plan, as it was constituted and in effect as of March 
1, 2009 for Prince William Sound, is described in a document entitled, 
``Vessel Emergency Response Plan'' or ``VERP'', and is on file with the 
House Transportation and Infrastructure Committee and the Senate 
Commerce, Science, and Transportation Committee.
  It is envisioned that, as advancements in technology are made in the 
future, any appropriate and warranted modifications to the VERP cited 
above implementing the dual escort practice as in effect as of March 1, 
2009 and implementing the dual escort requirement in this section, 
including implementing regulations, will be made by the Prince William 
Sound Tanker Owners/Operators in consultation with the U.S. Coast 
Guard, the State of Alaska, and the PWSRCAC and ratified and endorsed 
by the U.S. Coast Guard before being implemented.
  The success of this escort system over the past 20 years has shown us 
that it must not be compromised. We cannot forget the lessons of the 
Exxon Valdez oil spill and allow ourselves to become complacent.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was orderd to be 
printed in the Record, as follows:

                                S. 1041

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

     SECTION 1. DUAL ESCORT VESSELS FOR DOUBLE HULLED TANKERS IN 
                   PRINCE WILLIAM SOUND, ALASKA.

       (a) In General.--Section 4116(c) of the Oil Pollution Act 
     of 1990 (46 U.S.C. 3703 note; Public Law 101-380) is 
     amended--
       (1) by striking ``Not later than 6 months'' and inserting 
     the following:
       ``(1) In general.--Not later than 180 days''; and
       (2) by adding at the end the following:
       ``(2) Prince william sound, alaska.--
       ``(A) In general.--The requirement in paragraph (1) 
     relating to single hulled tankers in Prince William Sound, 
     Alaska, described in that paragraph being escorted by at 
     least 2 towing vessels or other vessels considered to be 
     appropriate by the Secretary (including regulations 
     promulgated in accordance with section 3703(a)(3) of title 
     46, United States Code, as set forth in part 168 of title 33, 
     Code of Federal Regulations (as in effect on March 1, 2009) 
     implementing this subsection with respect to those tankers) 
     shall apply to double hulled tankers over 5,000 gross tons 
     transporting oil in bulk in Prince William Sound, Alaska.
       ``(B) Implementation of requirements.--The Secretary of the 
     Federal agency with jurisdiction over the Coast Guard shall 
     carry out subparagraph (A) by order without notice and 
     hearing pursuant to section 553 of title 5 of the United 
     States Code.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     take effect on the date that is 90 days after the date of 
     enactment of this Act.
                                 ______
                                 
      By Mr. HARKIN (for himself, Mr. Kennedy, Mrs. Gillibrand, and Mr. 
        Reed):
  S. 1048. A bill to amend the Federal Food, Drug, and Cosmetic Act to 
extend the food labeling requirements of the Nutrition Labeling and 
Education Act of 1990 to enable customers to make informed choices 
about the nutritional content of standard menu items in large chain 
restaurants; to the Committee on Health, Education, Labor, and 
Pensions.
  Mr. HARKIN. Mr. President, I rise to introduce a bill, the Menu 
Education and Labeling Act, on behalf of myself and my colleagues, 
Senator Kennedy of Massachusetts, Senator Reed of Rhode Island, and 
Senator Gillibrand of New York.

[[Page 12517]]

  It is by now well established that poor diet and obesity, as well as 
related conditions such as heart disease, have reached epidemic levels. 
The majority of the U.S. population is either overweight or obese. The 
incidence of type II diabetes has reached levels not even imaginable 20 
years ago, with some research suggesting that one in three children 
will develop the disease by adulthood.
  There is no single solution to this complex issue of poor nutrition 
and diet related diseases. Policymakers looking for a silver bullet 
will be disappointed. But inaction is not an option. We must start 
taking meaningful steps to address this growing problem by giving 
people the tools necessary to live healthier lifestyles. That is why my 
colleagues and I are introducing this bill today to extend nutrition 
labeling beyond packaged foods to include foods at chain restaurants 
with 20 or more locations, as well as food in vending machines. This 
common-sense idea will give consumers a needed tool to make wiser 
choices and achieve a healthier lifestyle. It is a positive step toward 
addressing the obesity epidemic.
  In 1990, Congress passed the Nutrition Labeling and Education Act, 
NLEA, requiring food manufacturers to provide nutrition information on 
nearly all packaged foods. The impact has been tremendous. Not only do 
nearly three-quarters of adults use the food labels on packaged foods, 
but studies indicate that consumers who read labels have healthier 
diets.
  Unfortunately, when Congress first passed the NLEA, it excluded 
restaurants from any labeling requirements. Since that time, 
restaurants have become more and more important to Americans' diet and 
health. Americans consume a third of their calories and spend half of 
their food dollars at restaurants at the very time when nutrition and 
health experts say that rising caloric consumption and growing portion 
sizes are causes of obesity. We also know that when children eat in 
restaurants, they consume twice as many calories as when they eat at 
home. Consumers say that they would like nutrition information provided 
when they order their food at restaurants, yet, while they have good 
nutrition information in supermarkets, at restaurants they can only 
guess.
  In recent years, some states and cities have led the way on menu 
labeling. New York City has already implemented a menu labeling 
initiative that requires the disclosure of calories on menus and menu 
boards at chain restaurants. Consumer surveys show that the residents 
of New York are enthusiastic about the initiative. The experience in 
New York has also underscored the feasibility and practicality of the 
endeavor. Despite earlier concerns about implementation, the vast 
majority of restaurants in New York City complied with the law quickly 
and without incident. Those with particular challenges were assisted by 
the New York City Health Department to enable them to comply with the 
law.
  But New York City is not the only such initiative. Other cities such 
as Philadelphia, Seattle, Portland, and San Francisco have followed 
suit. Just last fall, the State of California became the first State in 
the Nation to enact a statewide menu labeling law, and Massachusetts 
became the second yesterday. Clearly there is not only a public health 
rationale for menu labeling, but consumer demand as well.
  As I already stated, I harbor no illusions that any one policy will 
turn the tide on obesity and poor diet in our country, but if we are 
ever to reorient our society and our health care system in the U.S. 
away from treatment and towards a stronger focus on prevention, we must 
build prevention into the very fabric of society. We must provide 
consumers with the tools and the support that they need to make the 
healthy choice the right choice. The MEAL Act is one means by which to 
accomplish that goal, and I urge my colleagues to join me in supporting 
this important legislation.
                                 ______
                                 
      By Mr. REID (for Mr. Rockefeller (for himself, Mr. Kohl, and Mr. 
        Levin)):
  S. 1050. A bill-amend title XXVII of the Public Health Service Act to 
establish Federal standards for health insurance forms, quality, fair 
marketing, and honesty in out-of-network coverage in the group and 
individual health insurance markets, to improve transparency and 
accountability in those markets, and to establish a Federal Office of 
Health Insurance Oversight to monitor performance in those markets, and 
for other purposes; to the Committee on Health, Education, Labor, and 
Pensions.
  Mr. ROCKEFELLER. Mr. President, I rise today--with my colleagues 
Congresswoman Rosa DeLauro and Congresswoman Alyson Schwartz--to 
introduce the Informed Consumer Choices in Health Care Act, legislation 
to hold insurance companies accountable by increasing transparency in 
insurance coverage and to provide consumers critical information about 
their health care so they can make informed decisions.
  All Americans deserve affordable, meaningful health care coverage 
that meets their needs when they need it. However, there is an 
unsettling trend in America that is growing at an alarming rate--
hardworking Americans are suffering from serious economic hardship 
because of medical bills. There countless consumers all across the 
country who thought they were safe because they had health insurance 
coverage. Health insurance is meant to protect against the risk that, 
if you get sick, severely injured or require extensive medical care for 
one reason or another, it would not bankrupt you. However, the exact 
opposite is happening. People who thought they had coverage for health 
care events--small and large--found out much too late that they were 
not protected at all. The lack of insurance transparency leads 
consumers to purchase coverage that actually does not meet their needs 
and leads to disaster for them financially.
  In June 2008, the Senate Finance Committee held a hearing on health 
insurance reform where we heard devastating testimony from Mrs. Lisa 
Kelly, who purchased a limited benefit plan that did not provide 
adequate coverage when she needed treatment for leukemia. Mrs. Kelly 
paid a monthly premium of $185 for AARP's Medical Advantage plan, 
underwritten by UnitedHealth Group, only to be told that she had to pay 
M.D. Anderson $105,000 up front, prior to starting her chemotherapy 
treatment. This situation left Ms. Kelly in the untenable situation of 
leaving her cancer untreated or finding a way to pay on a limited 
budget.
  Medical bills are the second highest cause of bankruptcy in our 
country. It is estimated that 50 percent of all bankruptcies are a 
result of medical expenses. Sixty-one percent of the 72 million adults 
under age 65 who had problems paying medical bills or were paying off 
medical debt in 2007 were insured at the time health care was provided. 
An additional 1.5 million families lose their homes every single year 
due to medical costs. This is simply unacceptable.
  This is not just a coincidence. Plans that provide bare-bones 
coverage may be fine if you live in a bubble, but that is not the 
reality most Americans live in. If we as a nation are serious about 
protecting all Americans from the devastating financial consequences of 
serious illness, then Congress must hold the insurance industry 
accountable by arming consumers with comprehensive information about 
the benefits covered and not covered under their health plan, the true 
cost of their coverage, and the cost-sharing they are responsible for. 
This information should not be shrouded in the legalese of health 
insurance companies, but in clear language that is easy for consumers 
to understand. As we seek to give consumers greater coverage choices, 
we should also give them the necessary tools to understand those 
choices.
  Another example of where the lack of insurance transparency has hurt 
consumers is in the experience of the Medicare prescription drug 
benefit. Seniors and individuals with disabilities have simply been 
overwhelmed by the number of prescription drug plans offered--without 
any meaningful way

[[Page 12518]]

to decipher the differences between plans in terms of benefits covered 
or cost-sharing. Over the last recess, I held a health care roundtable 
discussion in Charleston, which has more than 50 Medicare prescription 
drug plans for seniors and individuals with disabilities to choose 
from. I heard from countless West Virginians about the extreme 
difficulty they have wading through their prescription drug coverage 
options each and every plan year. The most compelling stories came from 
a retired chemical engineer and a retired attorney--both very smart 
individuals--who have had major problems determining what is and is not 
offered and how much they will have to pay out of their pockets for it.
  When consumers buy cars, computers, or even cereal, they generally 
know what they are buying and how much it will cost. But, when it comes 
to making choices about health care coverage, it is often very 
difficult for consumers to tell what is actually covered and how much 
they will have to pay out-of-pocket in case of a serious illness or 
injury. Consumers cannot make meaningful choices if details about 
coverage are obscure or if the definitions of key terms such as 
``hospitalization'', ``outpatient care'', or ``out-of-pocket limit'' 
vary from plan to plan.
  The lack of health insurance transparency also contributes to 
administrative waste and complexity. According to the American Medical 
Association, more than half of health insurers do not provide 
physicians with the transparency necessary for an efficient claims 
processing system. Physicians and hospitals must divert substantial 
resources away from patient care to accurately determine patient 
insurance eligibility and benefit structure.
  The black box in which insurers operate also provides them with the 
opportunity to use flawed payment structures, like the Ingenix 
database, to underpay patients who choose to get health care out of 
network. An investigation by the New York Attorney General and hearings 
conducted this spring by the Senate Commerce Committee revealed 
American consumers have been paying billions of dollars out of their 
own pockets for health care that the insurance companies should have 
been paying. The numbers the insurance industry relied on justify these 
under-payments came from a secretive health care data company called 
Ingenix. Insurers refused to tell patients or doctors how Ingenix came 
up with their payment amounts. And they didn't disclose that Ingenix 
was a wholly owned subsidiary of UnitedHealth Group, the Nation's 
second largest health insurance company. The Ingenix investigations 
show tat the health insurance industry is willing to go to great 
lengths to withhold accurate, objective health care payment information 
from American consumers. While they talk about transparency, they spent 
hundreds of millions of dollars creating a reimbursement system that 
kept patients and doctors in the dark.
  The U.S. Department of Labor currently lacks the capacity to oversee 
insurance industry compliance with federal health insurance laws and to 
provide states with the technical assistance necessary to effectively 
enforce federal standards for health insurance. These federal standards 
include crucial protections like the Genetic Information and 
Nondiscrimination Act, GINA, the Health Insurance Portability and 
Accountability Act, HIPAA, the Newborns' and Mothers' Health Protection 
Act, the Women's Health and Cancer Rights Act of 1998, Michelle's Law, 
and mental health parity. As states continue to be overwhelmed by the 
increasing pressure of the recession and cost-cutting measures by 
insurers, state regulators are in desperate need for additional 
resources. In a 21st Century health system where there will be even 
greater health insurance choices, adequate federal oversight is 
absolutely critical.
  There is no excuse for limiting access to information that has such 
widespread consequences for consumers. The Informed Consumer Choices in 
Health Care Act is the type of transformative legislation we need to 
address the very significant issues stemming from the lack of health 
insurance transparency. First, this legislation promotes transparency 
in coverage by providing crucial data and assistance to consumers and 
health care providers. This includes new ``Coverage Facts'' labels for 
insurance, similar to nutrition labels, which accurately portray the 
financial obligations of patients in a given year under various medical 
scenarios. The legislation also requires the development of consistent 
standards for insurance, including standard definitions of key 
insurance terms to be used in descriptions of plan benefits, so that 
consumers can make ``apples to apples'' comparisons of coverage 
options. Lastly, it strengthens insurance accountability and oversight 
by creating a new Office of Health Insurance Oversight within the 
Department of Health and Human Services, and provides new resources for 
states to help enforce federal standards.
  In the most recent Presidential election, the voice of American 
voters was clear--they want medical care they can afford and health 
care coverage they can trust. The traditional role of insurers to hide 
or misrepresent insurance coverage options can longer be tolerated; 
therefore, I urge my colleagues to stand up for informed consumer 
decisions in health care and support this bill.
  Mr. President, I ask unanimous consent that the text of the bill and 
support material be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1050

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Informed 
     Consumer Choices in Health Care Act of 2009''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. New minimum Federal standards for health insurance forms, 
              quality, fair marketing, and honesty in out-of-network 
              coverage.
Sec. 4. Health Insurance accountability initiatives.
Sec. 5. Health insurance transparency initiatives.
Sec. 6. Office of Health Insurance Oversight.
Sec. 7. Standards and accountability and transparency initiatives for 
              group health plans through Departments of Labor and the 
              Treasury.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Effective competition in private health insurance 
     markets requires that consumers must have extensive and 
     meaningful information about what health insurance covers, 
     what it costs, and how it works.
       (2) Based on the information currently provided by health 
     insurers, patients are unable to predict what their health 
     insurance coverage limits or out-of-pocket costs would be if 
     they had a serious illness. 72 million adults under age 65 
     had problems paying medical bills or were paying off medical 
     debt in 2007, and 61 percent of those were insured at the 
     time care was provided.
       (3) It is difficult to impossible for consumers to obtain a 
     copy of a health insurance policy from an insurance company 
     before they purchase it.
       (4) Consumers often find it difficult to navigate and 
     evaluate their choices in today's health insurance markets 
     and many select a sub-optimal plan as a result.
       (5) The Institute of Medicine of the National Academy of 
     Sciences has estimated that nearly half of all American 
     adults--90 million people--have difficulty understanding and 
     using health information.
       (6) The Office of Disease Prevention and Health Promotion 
     in the Department of Health and Human Services reports that 
     only 12 percent of the population using a table can calculate 
     an employee's share of health insurance costs for a year.
       (7) A RAND Corporation study found that making it easier to 
     get information about insurance products and simplifying the 
     applications process would increase purchase rates as much as 
     modest subsidies would, and all these reports prove the need 
     for a fundamental improvement in the way insurance choices 
     are made available to consumers.
       (8) Insurance forms provided to patients and providers are 
     often confusing, difficult to reconcile with medical bills, 
     and vary widely from insurer to insurer, thereby adding 
     complexity and administrative waste to the health care 
     system.
       (9) Research indicates that physicians divert substantial 
     resources, as much as 14 percent of their total revenue, to 
     ensure accurate insurance payments for their services.

[[Page 12519]]

     Hospitals spend as much as 11 percent of their total revenue 
     on billing and insurance-related costs. These include time 
     spent determining patient insurance eligibility and benefit 
     structure. One study found that paperwork adds at least 30 
     minutes to every hour of patient care.
       (10) According to the American Medical Association, there 
     is wide variation in how often health insurers pay nothing in 
     response to a physician claim and in how they explain the 
     reason for the denial. There is no consistency in the 
     application of codes used to explain the denials, making it 
     extremely expensive for physician practices to determine how 
     to respond.
       (11) According to the American Medical Association, more 
     than half of health insurers in a recent study did not 
     provide physicians with the transparency necessary for an 
     efficient claims processing system.
       (12) According to the American Medical Association, payers 
     vary widely on how often they use proprietary rather than 
     public claims edits to reduce payments (ranging from zero to 
     as high as nearly 72 percent). The use of undisclosed 
     proprietary edits inhibits the flow of transparent 
     information to physicians, adding additional administrative 
     costs to reconcile claims.
       (13) The Federal government currently lacks capacity to 
     carry out responsibility for oversight and enforcement of 
     current law requirements on health insurance issuers and to 
     provide States with technical assistance in effectively 
     enforcing Federal minimum standards for health insurance.
       (14) In order to improve the functioning of the private 
     health insurance market, assure the application of existing 
     requirements to health insurance coverage, and reduce 
     administrative hassles for patients and providers, there is a 
     need for periodic examinations and audits of such coverage, 
     for greater disclosure of information regarding the terms and 
     conditions of such coverage, and for the establishment of a 
     Federal oversight office to ensure enforcement of standards.

     SEC. 3. NEW MINIMUM FEDERAL STANDARDS FOR HEALTH INSURANCE 
                   FORMS, QUALITY, FAIR MARKETING, AND HONESTY IN 
                   OUT-OF-NETWORK COVERAGE.

       (a) Group Health Insurance.--Title XXVII of the Public 
     Health Service Act is amended by inserting after section 2707 
     the following new section:

     ``SEC. 2708. STANDARDS FOR HEALTH INSURANCE FORMS, QUALITY, 
                   FAIR MARKETING, AND HONESTY IN OUT-OF-NETWORK 
                   COVERAGE.

       ``(a) Defining Insurance Terms; Standardizing Insurance 
     Forms.--
       ``(1) In general.--The Secretary shall provide for the 
     development of standards for the information that health 
     insurance issuers are required to provide to group health 
     plans to promote informed choice of health insurance coverage 
     by such plans.
       ``(2) Standard definitions of insurance and medical 
     terms.--
       ``(A) In general.--The Secretary shall provide for the 
     development of standards for the definitions of terms used in 
     group health insurance coverage, including insurance-related 
     terms (including the insurance-related terms described in 
     subparagraph (B)) and medical terms (including the medical 
     terms described in subparagraph (C)).
       ``(B) Insurance-related terms.--The insurance-related terms 
     described in this subparagraph are premium, deductible, co-
     insurance, co-payment, out-of-pocket limit, preferred 
     provider, non-preferred provider, out-of-network co-payments, 
     UCR (usual, customary and reasonable) fees, excluded 
     services, grievance and appeals, and such other terms as the 
     Secretary determines are important to define so that 
     consumers may compare health insurance coverage and 
     understand the terms of their coverage.
       ``(C) Medical terms.--The medical terms described in this 
     subparagraph are hospitalization, hospital outpatient care, 
     emergency room care, physician services, prescription drug 
     coverage, durable medical equipment, home health care, 
     skilled nursing care, rehabilitation services, hospice 
     services, emergency medical transportation, and such other 
     terms as the Secretary determines are important to define so 
     that consumers may compare the medical benefits offered by 
     insurance health insurance and understand the extent of those 
     medical benefits (or exceptions to those benefits).
       ``(3) Standardization of insurance forms.--The Secretary 
     shall provide for the development of standards for the forms 
     used in connection with group health insurance coverage, 
     including for--
       ``(A) applications for health insurance coverage;
       ``(B) explanations of benefits for such coverage;
       ``(C) filing of complaints, grievances, and appeals 
     respecting such coverage; and
       ``(D) other common functions relating to such coverage as 
     the Secretary deems appropriate.
       ``(4) Coverage facts labels for patient claims scenarios.--
     The Secretary shall develop standards for coverage facts 
     labels based on the patient claims scenarios described in 
     section 2794(b)(4), which include information on estimated 
     out-of-pocket cost-sharing and significant exclusions or 
     benefit limits for such scenarios.
       ``(5) Personalized statement.--The Secretary shall develop 
     standards for an annual personalized statement that 
     summarizes use of health care services and payment of claims 
     with respect to an enrollee (and covered dependents) under 
     group health insurance coverage in the preceding year.
       ``(6) Application of standards.--No group health insurance 
     coverage may be offered for sale after the date that is two 
     years after date of the enactment of this section unless--
       ``(A) the benefits and other terms of coverage are 
     consistent with the definitional standards developed under 
     paragraph (2);
       ``(B) the application and form of coverage and related 
     forms are consistent with the standardized forms developed 
     under paragraph (3); and
       ``(C) there is provided coverage facts labels described in 
     paragraph (4) with respect to the coverage.
       ``(7) Periodic review and updating.--The Secretary shall 
     periodically review and update, as appropriate, the standards 
     developed under this subsection.
       ``(8) Evaluation of information resources.--In developing, 
     reviewing, and updating standards under this subsection, the 
     Secretary shall provide for testing and evaluation of 
     information resources in general and to specific audiences 
     including those with low literacy skills.
       ``(9) Consultation.--In developing reviewing, and updating 
     standards under this subsection, the Secretary shall consult 
     with, among others, the National Association of Insurance 
     Commissioners, health care professionals, researchers, health 
     insurance issuers, group health plans, patient advocates, and 
     literacy experts.
       ``(b) Quality Assurances for Health Insurance.--
       ``(1) In general.--The Secretary shall provide for the 
     development of standards to assure the quality of benefits 
     under group health insurance coverage. Such standards shall 
     include standards relating to at least--
       ``(A) network adequacy and stability;
       ``(B) guaranteed coverage for one year of contracted 
     benefits;
       ``(C) adequacy and stability of prescription drug networks;
       ``(D) utilization control systems; and
       ``(E) grievances and appeals.
       ``(2) Application of provisions.--The provisions of 
     paragraphs (5) through (9) of subsection (a) apply to 
     standards developed under this subsection in the same manner 
     as such provisions apply to standards developed under 
     subsection (a).
       ``(c) Marketing.--
       ``(1) In general.--The Secretary shall provide for the 
     development of standards for the marketing of group health 
     insurance coverage. Such standards shall include standards 
     for at least--
       ``(A) marketing materials; and
       ``(B) sales commissions.
       ``(2) Nondiscrimination.--No group health insurance 
     coverage may be offered for sale after the date that is two 
     years after date of the enactment of this section unless the 
     issuer provides the Secretary with a written certification 
     that all marketing materials, seminars, and other outreach 
     efforts in connection with the offering of such coverage do 
     not discriminate on the basis of income, race, gender, 
     ethnicity, or other demographic factors as determined by the 
     Secretary.
       ``(3) Application of provisions.--The provisions of 
     paragraphs (7) through (9) of subsection (a) apply to 
     standards developed under this subsection in the same manner 
     as such provisions apply to standards developed under 
     subsection (a).
       ``(d) Honesty in Coverage of Out-of-Network Providers.--The 
     Secretary shall provide for the development of standards for 
     the accuracy and clarity of coverage for out-of-network 
     providers, including cost sharing and payments to such 
     providers, for health insurance issuers in group health 
     insurance coverage that provide such coverage.''.
       (b) Application in the Individual Market.--Such title is 
     further amended by inserting after section 2745 the following 
     new section:

     ``SEC. 2746. STANDARDS FOR HEALTH INSURANCE INSURANCE FORMS, 
                   QUALITY, FAIR MARKETING, AND HONESTY IN OUT-OF-
                   NETWORK COVERAGE.

       ``The provisions of section 2708 shall apply under this 
     part to individual health insurance coverage and enrollees in 
     such coverage in the same manner as such provisions apply 
     under part A in the case of group health insurance coverage 
     and group health plans and participants and beneficiaries.''.
       (c) Application to the Medicare Advantage Program and the 
     Medicare Prescription Drug Program.--
       (1) Medicare advantage program.--Section 1852 of the Social 
     Security Act (42 U.S.C. 1395w-22) is amended by adding at the 
     end the following new subsection:
       ``(m) Standards for Health Insurance Forms, Quality, Fair 
     Marketing, and Honesty in Out-of-Network Coverage.--The 
     provisions of section 2708(a) of the Public Health Service 
     Act shall apply to Medicare Advantage organizations, Medicare 
     Advantage plans, and enrollees in such plans in the same 
     manner as such provisions apply under such section to group 
     health insurance coverage and group health plans and 
     participants and beneficiaries.''.

[[Page 12520]]

       (2) Medicare prescription drug program.--Section 1860D-4 of 
     the Social Security Act (42 U.S.C. 1395w-104) is amended by 
     adding at the end the following new subsection:
       ``(m) Standards for Health Insurance Forms, Quality, Fair 
     Marketing, and Honesty in Out-of-Network Coverage.--The 
     provisions of section 2708(a) of the Public Health Service 
     Act shall apply to PDP sponsors, prescription drug plans, and 
     enrollees in such plans in the same manner as such provisions 
     apply under such section to group health insurance coverage 
     and group health plans and participants and beneficiaries.''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to plan years beginning after the date that is 2 
     years after the date of the enactment of this Act.
       (d) Application to FEHBP.--The provisions of section 
     2708(a) of the Public Health Service Act shall apply to the 
     Federal Employees Health Benefits Program under chapter 89 of 
     title 5, United States Code, and to contractors, health 
     plans, and enrollees in such plans in the same manner as such 
     provisions apply under such section to group health insurance 
     coverage and group health plans and participants and 
     beneficiaries.

     SEC. 4. HEALTH INSURANCE ACCOUNTABILITY INITIATIVES.

       (a) Improved Health Insurance Accountability.--Title XXVII 
     of the Public Health Service Act is amended by adding at the 
     end the following new section:

     ``SEC. 2793. ACCOUNTABILITY INITIATIVES.

       ``(a) In General.--The Secretary, acting through the Office 
     of Health Insurance Oversight established under section 2795, 
     shall undertake activities in accordance with this section to 
     promote accountability of health insurance issuers in meeting 
     Federal health insurance requirements, regardless of whether 
     this relates to health insurance in the individual or group 
     market.
       ``(b) Compliance Examinations and Audits.--
       ``(1) In general.--Without regard to whether or not there 
     is a determination under section 2722(a)(2) or 2761(a)(2) 
     with respect to a health insurance issuer, in carrying out 
     this section, the Secretary shall conduct independent market 
     conduct examinations and audits to monitor and verify the 
     compliance of an health insurance issuer with Federal health 
     insurance requirements. Such audits may include random 
     compliance audits and targeted audits in response to 
     complaints or other suspected non-compliance.
       ``(2) Recoupment of costs.--In connection with such 
     examinations and audits, the Secretary is authorized to 
     recoup from health insurance issuers reimbursement for the 
     costs of such examinations and audits of such issuers.
       ``(3) Relation to other authority.--The authorities under 
     this section are in addition to any authorities of the 
     Secretary, including authorities under sections 2722(b) and 
     2761(b).
       ``(c) Data Collection and Review.--
       ``(1) In general.--The Secretary shall collect and review 
     data from health insurance issuers on health insurance 
     coverage to monitor compliance with Federal health insurance 
     requirements applicable to such issuers and coverage. Upon 
     request by the Secretary, such issuers shall provide such 
     data to the Secretary on a timely basis.
       ``(2) Elements to review.--In carrying out this subsection, 
     the Secretary shall review at least the following:
       ``(A) Underwriting guidelines to ensure compliance with 
     applicable Federal health insurance requirements.
       ``(B) Rating practices to ensure compliance with such 
     requirements.
       ``(C) Enrollment and disenrollment data, including 
     information the Secretary may need to detect patterns of 
     discrimination against individuals based on health status or 
     other characteristics, to ensure compliance with such 
     requirements (including nondiscrimination in group coverage, 
     guaranteed issue, guaranteed renewability requirements 
     applicable in all markets).
       ``(D) Post-claims underwriting and rescission practices to 
     ensure compliance with such requirements relating to 
     guaranteed renewability.
       ``(E) Marketing materials and agent guidelines to ensure 
     compliance with applicable Federal health insurance 
     requirements.
       ``(F) Data on the imposition of pre-existing condition 
     exclusion periods and claims subjected to such exclusion 
     periods.
       ``(G) Information on issuance of certificates of creditable 
     coverage.
       ``(H) Information on cost-sharing and payments with respect 
     to any out-of-network coverage.
       ``(I) Such other information as the Secretary may determine 
     to be necessary to verify compliance with requirements of 
     this title.
       ``(J) The application to issuers of penalties for violation 
     of such requirements, including the failure to produce 
     requested information.
       ``(3) Treatment of proprietary information.--The Secretary 
     may request under this subsection information that is 
     proprietary or that reveals a trade secret, but such 
     information shall not be subject to further disclosure to the 
     general public in a manner that reveals proprietary 
     information or a trade secret.
       ``(4) Form and manner of information.--Information under 
     paragraph (1) shall be provided--
       ``(A) in a form and manner specified by the Secretary; and
       ``(B) within 30 days of the date of receipt of the request 
     for the information, or within such longer time period as the 
     Secretary deems appropriate.
       ``(5) Enforcement.--The Secretary shall have the same 
     authority in relation to enforcement of requests for data 
     under paragraph (1) as the Secretary has under section 
     2722(b).
       ``(6) Coordination with states.--
       ``(A) In general.--The Secretary shall coordinate with 
     State insurance regulators so that data with respect to 
     health insurance issuers and coverage are collected and 
     reported in a common format.
       ``(B) Clearinghouse.--The Secretary shall establish a 
     clearinghouse for the sharing of data reported by health 
     insurance issuers and for the findings from audits and 
     investigations. Such clearinghouse may be established in 
     conjunction with the National Association of Insurance 
     Commissioners.
       ``(7) Coordination with departments of labor and 
     treasury.--The Secretary shall coordinate with the 
     Secretaries of Labor and Treasury with respect to 
     requirements to report data that affect health insurance 
     coverage sold in connection with group health plans.
       ``(d) Health Insurance Accountability Grants to States.--
       ``(1) In general.--The Secretary shall provide for grants 
     to Departments of Insurance in States to strengthen their 
     enforcement of Federal health insurance requirements with 
     respect to health insurance issuers operating in such States. 
     Such a grant shall only be made pursuant to an application 
     made to the Secretary.
       ``(2) Funding.--
       ``(A) In general.--Of the funds appropriated under 
     subparagraph (B) for grants under this subsection, the 
     Secretary shall provide a grant to each State with an 
     application approved under paragraph (1).
       ``(B) Allocation.--Funds so appropriated for any fiscal 
     year shall be apportioned among the States in accordance with 
     a formula determined by the Secretary that takes into account 
     the scope of health insurance subject to regulation under 
     this title in each State and such other factors as the 
     Secretary may specify.
       ``(C) Appropriations and authorizations.--There is hereby 
     appropriated, out of any funds in the Treasury not otherwise 
     appropriated for the first fiscal year in which this section 
     is in effect, $10,000,000 for grants under this subsection, 
     to be available until expended. For each subsequent fiscal 
     year there is authorized to be appropriated such sums as may 
     be necessary for such grants.
       ``(e) Federal Health Insurance Requirements Defined.--In 
     this part, the term `Federal health insurance requirements' 
     means the requirements under this title insofar as they 
     relate to health insurance issuers and health insurance 
     coverage, whether in the individual or group market, and 
     includes other requirements imposed under Federal law 
     specifically in relation to the offering of health insurance 
     coverage by health insurance issuers.''.

     SEC. 5. HEALTH INSURANCE TRANSPARENCY INITIATIVES.

       (a) In General.--Title XXVII of the Public Health Service 
     Act, as amended by section 3, is further amended by adding at 
     the end the following new section:

     ``SEC. 2794. TRANSPARENCY INITIATIVES.

       ``(a) In General.--The Secretary, acting through the Office 
     of Health Insurance Oversight established under section 2795, 
     shall undertake activities in accordance with this section to 
     promote transparency in costs, market practices, and other 
     factors for health insurance coverage, regardless of whether 
     the coverage is offered or in effect in the individual or 
     group market.
       ``(b) Development and Disclosure of Standardized 
     Information.--
       ``(1) In general.--In carrying out this section, the 
     Secretary shall provide for the development of--
       ``(A) standards for information about health insurance 
     issuers, their health insurance policies, and their market 
     practices with respect to such policies; and
       ``(B) standards for the disclosure of such information in a 
     timely, consistent, and accurate manner by health insurance 
     issuers about each health insurance policy marketed and in 
     force.
       ``(2) Information to be disclosed.--
       ``(A) In general.--In carrying out this section, the 
     Secretary shall require health insurance issuers to disclose 
     to enrollees, potential enrollees, in-network health care 
     providers, and others through a publicly available Internet 
     website and other appropriate means at least the following 
     concerning each policy of health insurance coverage marketed 
     or in force, in such standardized manner as the Secretary 
     specifies:
       ``(i) Full policy contract language.
       ``(ii) A summary of the information described in paragraph 
     (3).
       ``(iii) For each of the scenarios developed under paragraph 
     (4), the coverage facts label

[[Page 12521]]

     information developed under section 2709(a)(4).
       ``(B) Personalized statement.--In carrying out this 
     section, the Secretary shall require health insurance issuers 
     to disclose to enrollees, in such standardized manner as the 
     Secretary specifies, an annual personalized statement 
     described in section 2708(a)(5).
       ``(3) Information to be disclosed.--The information 
     described in this paragraph is at least the following:
       ``(A) Data on the price of each new policy of health 
     insurance coverage and renewal rating practices.
       ``(B) Information on claims payment policies and practices, 
     including how many and how quickly claims were paid.
       ``(C) Information on provider fee schedules and usual, 
     customary, and reasonable fees (for both network and out-of-
     network providers).
       ``(D) Information on provider participation and provider 
     directories.
       ``(E) Information on loss ratios, including detailed 
     information about amount and type of non-claims expenses.
       ``(F) Information on covered benefits, cost-sharing, and 
     amount of payment provided toward each type of service 
     identified as a covered benefit, including preventive care 
     services recommended by the United States Preventive Services 
     Task Force.
       ``(G) Information on civil or criminal actions successfully 
     concluded against the issuer by any governmental entity.
       ``(H) Benefit exclusions and limits.
       ``(4) Development of patient claims scenarios.--
       ``(A) In general.--In order to improve the ability of 
     individuals and group health plans to compare the coverage 
     and value provided under different health insurance coverage, 
     the Secretary shall develop a series of patient claims 
     scenarios under which benefits (including out-of-pocket 
     costs) under such coverage can be simulated for certain 
     common or expensive conditions or courses of treatment, such 
     as maternity care, breast cancer, heart disease, diabetes 
     management, and well-child visits.
       ``(B) Consultation and basis.--The Secretary shall develop 
     the scenarios under this paragraph--
       ``(i) in consultation with the National Institutes of 
     Health, the Centers for Disease Control and Prevention, the 
     Agency for Healthcare Research and Quality, health 
     professional societies, patient advocates, and others as 
     deemed necessary by the Secretary; and
       ``(ii) based upon recognized clinical practice guidelines.
       ``(5) Manner of disclosure.--
       ``(A) In general.--The standards under paragraph (1)(B) 
     shall provide for health insurance issuers to disclose the 
     information under this subsection--
       ``(i) with all marketing materials;
       ``(ii) on the web site of the issuer; and
       ``(iii) at other times upon request.
       ``(B) Contract language.--Such standards also shall require 
     the disclosure of full policy contract language in printed 
     form upon request.
       ``(c) Application of Enforcement Provisions.--The 
     provisions of sections 2722 and 2671 shall apply to 
     enforcement of the requirements of this section in the same 
     manner as such provisions apply to the provisions of part A 
     or part B, respectively. Under such provisions the States 
     shall have initial (and primary) enforcement authority with 
     respect to such requirements, except that the Secretary under 
     section 2793 may directly monitor compliance with such 
     provisions as well.''.
       (b) Conforming Amendments Regarding Disclosure of 
     Information.--
       (1) Reference in the group market.--Section 2713 of the 
     Public Health Service Act (42 U.S.C. 300gg-13)) is amended by 
     adding at the end the following new subsection:
       ``(c) Reference to Disclosure of Information.--For 
     provision requiring disclosure of information by health 
     insurance issuers, see section 2794(d).''.
       (2) Reference in the individual market.--Section 2761 of 
     the Public Health Service Act is amended by adding at the end 
     the following new subsection:
       ``(c) Reference to Disclosure of Information.--For 
     provision requiring disclosure of information by health 
     insurance issuers, see section 2794(d).''.

     SEC. 6. OFFICE OF HEALTH INSURANCE OVERSIGHT.

       (a) In General.--Title XXVII of the Public Health Service 
     Act, as amended by sections 3 and 4, is amended by adding at 
     the end of part C the following new section:

     ``SEC. 2795. OFFICE OF HEALTH INSURANCE OVERSIGHT.

       ``(a) Establishment.--There is established within the 
     Department of Health and Human Services an Office of Health 
     Insurance Oversight (referred to in this section as the 
     `Office'). The Office shall be headed by a Director of Health 
     Insurance Oversight (referred to in this section as the 
     `Director') who shall be appointed by and report directly to 
     the Secretary.
       ``(b) Duties.--
       ``(1) Promotion of accountability in health insurance.--
       ``(A) In general.--The Director shall implement 
     accountability initiatives under section 2793.
       ``(B) Clearinghouse.--The Director shall provide, in 
     consultation with the National Association of Insurance 
     Commissioners, for a clearinghouse for State health insurance 
     regulators to share information concerning, and help them to 
     enact and enforce, Federal health insurance requirements.
       ``(2) Promote transparency in health insurance.--The 
     Director shall implement transparency initiatives under 
     section 2794.
       ``(3) Consumer information, assistance.--
       ``(A) In general.--The Director shall provide for consumer 
     information assistance on health insurance coverage, and 
     Federal health insurance consumer protections under this 
     title, including through carrying out activities under this 
     paragraph.
       ``(B) Information resources.--The Director shall develop 
     health insurance information resources for consumers, 
     including coverage facts labels for patient claims scenarios 
     developed under section 2794(b)(4) and web-based information 
     on average price ranges for out-of-network services based on 
     geography.
       ``(C) Service.--The Director shall establish a consumer 
     assistance service that, directly or in coordination with 
     State health insurance regulators and consumer assistance 
     organizations, receives and responds to inquiries and 
     complaints concerning health insurance coverage with respect 
     to Federal health insurance requirements and under State law.
       ``(4) Health insurance consumer assistance grants.--
       ``(A) In general.--The Director shall provide for grants to 
     public, private or not-for-profit consumer assistance 
     organizations to develop, support, and evaluate consumer 
     assistance programs related to selecting and navigating 
     health care coverage. Such a grant shall only be made 
     pursuant to an application made to the Director. In making 
     such grants, the Director shall attempt to ensure regional 
     and geographic equity.
       ``(B) Grant requirement.--As a condition of receiving such 
     a grant, an organization shall be required to collect and 
     report data to the Director on the types of problems and 
     inquiries encountered by consumers they serve. Data shall be 
     used by the Director to inform enforcement activities and be 
     shared with State insurance regulators, the Department of 
     Labor, and the Secretary of the Treasury.
       ``(C) Appropriations and authorizations.--There is hereby 
     appropriated, out of any funds in the Treasury not otherwise 
     appropriated for the first fiscal year in which this section 
     is in effect, $30,000,000 for grants under this paragraph, to 
     be available until expended. For each subsequent fiscal year 
     there are authorized to be appropriated such sums as may be 
     necessary for such grants.
       ``(5) Administration of high risk pool.--The Director shall 
     administer the high risk pool program under section 2745.
       ``(6) Administration of grants to state insurance 
     departments.--The Director shall administer the program of 
     grants to State insurance departments under section 2793(d).
       ``(c) Periodic Reports.--The Director shall submit periodic 
     reports to Congress on the Office's activities.
       ``(d) Coordination.--
       ``(1) Federal officials.--The Director shall coordinate, 
     with the Secretaries of Labor and Treasury, activities under 
     this section with respect to requirements that affect health 
     insurance coverage offered in connection with group health 
     plans, including coordination in --
       ``(A) development and dissemination of information; and
       ``(B) consumer inquiries and complaints relating to Federal 
     health insurance requirements.
       ``(2) State health insurance regulators.--In carrying out 
     the Office's activities, the Director shall--
       ``(A) coordinate with State health insurance regulators 
     regarding data collection and disclosure and audit and 
     enforcement activities in order to avoid duplication and to 
     use regulatory resources most efficiently;
       ``(B) monitor State efforts to implement and enforce 
     consumer protections consistent with Federal health insurance 
     requirements;
       ``(C) provide technical assistance to States seeking to 
     implement and enforce consumer protections consistent with 
     such requirements; and
       ``(D) provide for regular communication with such 
     regulators to coordinate enforcement efforts and sharing of 
     information
       ``(e) Transfer of Personnel and Resources.--The Secretary 
     shall provide for the transfer to the Office of those 
     personnel and resources within the Department of Health and 
     Human Services that, as of the date of the enactment of this 
     section, relate directly to the responsibilities of the 
     Director under this section.
       ``(f) Authorization of Appropriations.--In addition to 
     amounts made available under subsection (b)(4)(C), there are 
     authorized to be appropriated to carry out this section 
     $20,000,000 for the first fiscal year beginning after the 
     date of the enactment of this section and such sums as may be 
     necessary for subsequent fiscal years.''.
       (b) Conforming Amendments Regarding Additional Authority.--

[[Page 12522]]

       (1) Group market.--Section 2722 of such Act (42 U.S.C. 
     300gg-22) is amended by adding at the end the following new 
     subsection:
       ``(c) Reference to Additional Authority.--For additional 
     Secretarial authorities with respect to requirements under 
     this part, see sections 2793 and 2794.''.
       (2) Individual market.--Section 2761 of such Act (42 U.S.C. 
     300gg-61) is amended by adding at the end the following new 
     subsection:
       ``(c) Reference to Additional Authority.--For additional 
     Secretarial authorities with respect to requirements under 
     this part, see sections 2793 and 2794.''.

     SEC. 7. STANDARDS AND ACCOUNTABILITY AND TRANSPARENCY 
                   INITIATIVES FOR GROUP HEALTH PLANS THROUGH 
                   DEPARTMENTS OF LABOR AND THE TREASURY.

       (a) Standards.--In coordination with the Secretary of 
     Health and Human Services, the Secretaries of Labor and the 
     Treasury shall establish for group health plans standards 
     comparable to the standards developed by the Secretary of 
     Health and Human Services for group health insurance coverage 
     under section 2708 of the Public Health Service Act, as added 
     by section 3(a), in order to promote quality, fair marketing, 
     and honesty in out-of-network coverage under such plans and 
     to permit participants to make an informed decision in cases 
     where they are offered a choice of coverage under such a 
     plan.
       (b) Accountability and Transparency Initiatives.--In 
     coordination with the Secretary of Health and Human Services, 
     the Secretaries of Labor and the Treasury shall jointly 
     undertake accountability and transparency initiatives with 
     respect to group health plans similar to those undertaken by 
     the Secretary of Health and Human Services with respect to 
     group and individual health insurance coverage under sections 
     2793 and 2794 of the Public Health Service Act, as added by 
     sections 4 and 5 of this Act.
       (c) Group Health Plan Defined.--In this section, with 
     respect to the Secretary of Labor and the Secretary of the 
     Treasury, the term ``group health plan'' has the meaning such 
     term for purposes of part 7 of subtitle B of title I of the 
     Employee Retirement Income Security Act of 1974 and chapter 
     100 of the Internal Revenue Code of 1986, respectively.

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[[Page 12524]]

                                 ______
                                 
      By Ms. MURKOWSKI:
  S. 1053. A bill to amend the National Law Enforcement Museum Act to 
extend the termination date; to the Committee on Energy and Natural 
Resources.
  Ms. MURKOWSKI. Mr. President, this week is National Police Week, the 
one week each year when tens of thousands of law enforcement officers 
from around the U.S. and some from foreign lands descend upon 
Washington, DC to pay homage to the fallen officers who gave their 
lives in the service of our communities.
  All around Washington we see police cars and motorcycles from 
jurisdictions far and wide. Honor guards and drill teams. And many 
uniformed law enforcement officers with their families and kids.
   At a hotel in Alexandria, VA, thousands of surviving families and 
coworkers of fallen law enforcement officers are gathered for the 2009 
National Police Survivors Conference, sponsored by Concerns of Police 
Survivors. Today marks the 25th anniversary of the founding of Concerns 
of Police Survivors. I thank all of our colleagues for supporting S. 
Res. 138 commending that organization on the occasion of this 
significant anniversary. Tomorrow we observe Peace Officers Memorial 
Day with services at the U.S. Capitol.
  Last evening the National Law Enforcement Officers Memorial Fund 
conducted its annual candlelight vigil at the memorial on Judiciary 
Square. I had the privilege of reading the name of a fallen officer, 
John Patrick Watson of the Kenai Police Department, at the 2004 
candlelight vigil. I can attest that this annual event does justice to 
the memory of the 18,662 names inscribed on the memorial walls.
  For fifty-one weeks out of every year those memorial walls display 
names. Just names. There is a story of heroism behind each of these 
names. Yet for 51 weeks out of each year, those stories are hidden from 
public view. Visitors to the memorial can discover but a few of these 
stories by viewing the displays at the Memorial Fund's tiny visitor's 
center.
  During National Police Week the memorial comes alive with news 
clippings, photographs and patches--even the door of a police car--
placed at the memorial by law enforcement agencies and friends and 
family members of the fallen officers. These ad hoc memorials are 
removed at the end of Police Week. Those that are left behind become 
part of the National Law Enforcement Officers Memorial Fund's permanent 
collection. Someday more substantial parts of that collection will be 
displayed to the public at the National Law Enforcement Museum.
  In 2000, Congress passed the National Law Enforcement Museum Act, 
Public Law 106-492, which set aside land across from the National Law 
Enforcement Officers Memorial for a National Law Enforcement Museum. 
The museum is to be operated by the National Law Enforcement Officers 
Memorial Fund.
  This National Law Enforcement Museum will tell the story of our law 
enforcement heroes. It will help ensure that visitors to the Law 
Enforcement Officers Memorial have an opportunity to reflect on the 
ways that our fallen officers lived their lives, rather than the way 
those officers died.
  Our colleagues may be interested to know that it was Vivian Eney-
Cross, the surviving spouse of a fallen U.S. Capitol Police officer, 
who coined the phrase, ``It is not how these officers died that made 
them heroes, it is how they lived.''
  The National Law Enforcement Museum Act requires that the museum be 
financed with private contributions. The National Law Enforcement 
Officers Memorial Fund has been diligent in seeking private financing 
and hopes to break ground on the museum in November 2010 with a 2013 
opening date.
  I am hopeful that construction of the new museum will begin in 2010 
but I am also realistic about the difficulties of raising private funds 
for worthy projects given current world economic conditions.
  Fortunately, these economic conditions have neither deterred the 
Memorial Fund from asking for donations nor have they deterred 
prospective contributors with the ability to give, from giving. On May 
4, the Memorial Fund announced a $1.5 million grant from the Verizon 
Foundation to develop educational and interactive technology programs 
at the planned museum.
  However, I must call the attention of our colleagues to a critical 
deadline in the National Law Enforcement Museum Act. The act provides 
that the authority to construct a museum terminates on November 9, 2010 
if construction has not begun by that date. Today, I offer legislation 
that will push the termination date out to November 9, 2013. This 
legislation will provide a cushion for the Memorial Fund to continue 
their fundraising efforts.
  Our law enforcement officers put their lives on the line every day to 
protect our communities. Giving the National Law Enforcement Officers 
Memorial Fund a bit more time to arrange financing, if they need it, is 
a small price to pay. A small price to pay for the sacrifices our law 
enforcement officers and their families make every day.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1053

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

     SECTION 1. NATIONAL LAW ENFORCEMENT MUSEUM ACT.

       Section 4(f) of the National Law Enforcement Museum Act 
     (Public Law 106-492) is amended by striking ``10 years'' and 
     inserting ``13 years''.

                          ____________________