S754 CONGRESSIONAL RECORD — SENATE January 18, 2007 (Mr. SESSIONS) was added as a cospon- cosponsors of S. 284, a bill to provide grants legal status to someone who is sor of S. 46, a bill to amend the Inter- emergency agricultural disaster assist- in America illegally takes effect, the nal Revenue Code of 1986 to expand the ance. Secretary of Homeland Security will permissible use of health savings ac- S. CON. RES. 2 certify to the Congress that all of the counts to include premiums for non- At the request of Mr. BIDEN, the provisions of border security contained group high deductible health plan cov- names of the Senator from Maryland in the bill were funded, in place, and erage. (Mr. CARDIN), the Senator from Mary- operational. It become known as a trig- S. 122 land (Ms. MIKULSKI), the Senator from ger—and it was a trigger—because the At the request of Mr. BAUCUS, the New York (Mrs. CLINTON), the Senator immigration issue is not like when you names of the Senator from Washington from Rhode Island (Mr. REED) and the can never figure what is the chicken, what is the egg, and what came first. (Ms. CANTWELL) and the Senator from Senator from Michigan (Ms. STABENOW) There is no way to reform illegal immi- Colorado (Mr. SALAZAR) were added as were added as cosponsors of S. Con. cosponsors of S. 122, a bill to amend the Res. 2, a concurrent resolution express- gration unless you first stop the porous Trade Act of 1974 to extend benefits to ing the bipartisan resolution on Iraq. borders we have and the flow of illegal immigrants. But to do only one with- service sector workers and firms, en- S. CON. RES. 3 out the other is a terrible mistake. hance certain trade adjustment assist- At the request of Mr. SALAZAR, the The result of last year’s debate was ance authorities, and for other pur- names of the Senator from Oregon (Mr. the Senate passed a bill without the poses. WYDEN) and the Senator from Alabama trigger that granted new legal S. 170 (Mr. SESSIONS) were added as cospon- statuses. Although it provided for the At the request of Mr. ENSIGN, the sors of S. Con. Res. 3, a concurrent res- authorization of border security, it did name of the Senator from Georgia (Mr. olution expressing the sense of Con- not provide for the guarantee of border CHAMBLISS) was added as a cosponsor of gress that it is the goal of the United security. The House reaction was, we S. 170, a bill to amend the Internal States that, not later than January 1, want border security only, and the de- Revenue Code of 1986 to repeal the ex- 2025, the agricultural, forestry, and bate to this day between the House and cise tax on telephone and other com- working land of the United States the Senate has been the Senate is for munications services. should provide from renewable re- comprehensive reform and the House is S. 214 sources not less than 25 percent of the for border security only and never the At the request of Mrs. FEINSTEIN, the total energy consumed in the United twain will meet. The twain must meet. name of the Senator from Arkansas States and continue to produce safe, It is the No. 1 domestic issue. (Mrs. LINCOLN) was added as a cospon- abundant, and affordable food, feed, I come to the Senate today to intro- sor of S. 214, a bill to amend chapter 35 and fiber. duce a major immigration reform bill of title 28, United States Code, to pre- AMENDMENT NO. 20 that is the bridge from where we are to serve the independence of United At the request of Mr. BENNETT, the where we must go. For a moment, I States attorneys. names of the Senator from Wyoming will discuss the provisions of that pro- S. 237 (Mr. ENZI) and the Senator from Flor- posal. First of all, it contains the trigger. It At the request of Mrs. FEINSTEIN, the ida (Mr. MARTINEZ) were added as co- predicates any reform of immigration names of the Senator from Pennsyl- sponsors of amendment No. 20 proposed that grants legal status to someone vania (Mr. SPECTER) and the Senator to S. 1, a bill to provide greater trans- here illegally to be noneffective until from Nebraska (Mr. HAGEL) were added parency in the legislative process. AMENDMENT NO. 34 we have first closed the doors to the as cosponsors of S. 237, a bill to im- south and to the north. It provides for prove agricultural job opportunities, At the request of Mr. FEINGOLD, the name of the Senator from Colorado all the security measures the Senate benefits, and security for aliens in the passed last year—and they are 2,500 (Mr. ALLARD) was added as a cosponsor United States and for other purposes. new port-of-entry inspectors, 14,000 of amendment No. 34 proposed to S. 1, S. 238 border inspectors, trained and ready to a bill to provide greater transparency At the request of Mrs. FEINSTEIN, the deploy, $454 million for unmanned aer- in the legislative process. name of the Senator from Maine (Ms. ial vehicles to give us the 24/7 eyes in SNOWE) was added as a cosponsor of S. AMENDMENT NO. 39 the sky essential to enforcement on 238, a bill to amend title 18, United At the request of Mr. CARDIN, his our border, authorization and ultimate States Code, to limit the misuse of So- name was added as a cosponsor of appropriation for those barriers and cial Security numbers, to establish amendment No. 39 proposed to S. 1, a those fences and those roads that are criminal penalties for such misuse, and bill to provide greater transparency in necessary for our agents to patrol, for other purposes. the legislative process. 20,000 beds for detention, to end the S. 267 f practice of cash and release. At the request of Mr. BINGAMAN, the STATEMENTS ON INTRODUCED When I came to the Senate 2 years name of the Senator from Oregon (Mr. BILLS AND JOINT RESOLUTIONS ago as a Georgian and one who loves WYDEN) was added as a cosponsor of S. the outdoors, I thought ‘‘catch and re- By Mr. ISAKSON: 267, a bill to amend the Omnibus Crime lease’’ was a fishing term. I found out S. 330. A bill to authorize secure bor- Control and Safe Streets Act of 1968 to it became a border term, where we ders and comprehensive immigration clarify that territories and Indian would catch people, tell them to go reform, and for other purposes; to the tribes are eligible to receive grants for home, release them and they would Committee on the Judiciary. wait for us to leave and come back confronting the use of methamphet- Mr. ISAKSON. Mr. President, I am amine. again. pleased to rise today before the Senate. We must remember the reason we S. 269 This is an issue this Senate visited 9 have this problem is we have the great- At the request of Ms. SNOWE, the months ago in the month of May. Nine est Nation on the face of this Earth. name of the Senator from Mississippi months ago, the Senate tackled what I We do not find anyone trying to break (Mr. COCHRAN) was added as a cospon- submit is the most important domestic out of the United States of America. sor of S. 269, a bill to amend the Inter- issue in the United States of America They are all trying to break in and for nal Revenue Code of 1986 to increase and in every State. That is the issue of a very special reason: The promise of and permanently extend the expensing legal immigration and illegal immigra- hope, opportunity, and jobs. But we of certain depreciable business assets tion. must make the right way to come to for small businesses. In that debate of what became known America be the legal way to come to S. 284 as a comprehensive immigration re- America, not the ease of crossing our At the request of Mr. CONRAD, the form bill, I submitted an amendment border in the dark of night under some names of the Senator from Illinois (Mr. that ended up being amendment No. 1. other cover. DURBIN) and the Senator from Wash- The amendment simply said that be- Lastly, an integral part of border se- ington (Mrs. MURRAY) were added as fore any provision of this act that curity is a verifiable program, where

VerDate Mar 15 2010 22:11 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18JA7.REC S18JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 18, 2007 CONGRESSIONAL RECORD — SENATE S755 America’s employers can be given a citizen of the United States of Amer- migration bill. I voted no on the Sen- verifiable ID by someone who is here ica. ate immigration bill. I opposed the bill legally that verifies they are who they In my home today, framed and hang- because I did not believe it did enough say they are. The biggest growth indus- ing on the wall, are his naturalization to secure our borders. It had some good try in the United States of America on certificates from 1926, when he raised proposals for border security, and it our southwestern border is forged docu- his right arm and pledged his alle- had a number of other excellent pro- ments. We have a proliferation today of giance to the United States of Amer- posals, but it did not guarantee they forged documents, where illegal aliens ica. There is no one who has greater re- would be funded. We all know that bor- have legal-looking documents and we spect and greater joy in the promise of der security on paper means nothing. It have a customs and immigration sys- this country and the opportunity of requires boots on the ground. It re- tem that cannot tell an American immigration. But we must begin re- quires jeeps on the roads and un- farmer or an American employer that, storing the respect for legal immigra- manned aerial vehicles in the air. It re- in fact, the document they were shown tion and shutting the door on illegal quires an employer verification sys- is, in fact, right or wrong. That has to immigration, or else those lines be- tem. And it requires adequate funding. be fixed. come blurred, and the stress we have So I voted no. But I said at the time Once those provisions are in, we have on our social service system, civil jus- I was ready to vote for, and wanted to a secure border. Interestingly enough, tice system, public health system, and vote for, a comprehensive bill, one that it takes about the same amount of public education system that is fixed the whole problem. And I sug- time to put in the barriers, get un- stretched to the limit because of illegal gested then, as did a number of others, manned aerial vehicles in the air, train aliens today will increase. that the basis for such a bill was the the border security and port-of-entry We owe it to the history of our coun- Isakson principle. people as it takes to get the verifiable try and the greatness which makes us Well, instead of getting a bill passed identification system in place. We great to secure our borders, to honor into law, it was a political year, and know both will take about 24 months. legal immigration, and to move for- some Members of the House of Rep- When we have the trigger, it does not ward with a reform of illegal immigra- resentatives, including some members protract reform, but it precedes the im- tion that matches the economic needs of my own party, thought the wiser plementation of what is going to take of the United States of America. course was basically to run against the 24 months to do anyway. And all of a I stand on the Senate floor today Senate bill that I voted against. Well, sudden we have a new paradigm in committed to work with any Member we now know how successful that America. Those who want to come here of this Senate for comprehensive re- turned out to be. That was not success- realize the way to come is the legal form, as long as its cornerstone in its ful because the American people expect way, not the illegal way. They learn foundation is that we fix the problem us to act like grownups, deal with big there are consequences to coming ille- on our borders, have it certified, and issues, and come to a conclusion. gally and employers know when they have that fix be the foundation for the There is no issue upon which we in get an ID they can either swipe it on a modernization and reform of our immi- the Congress have more need to come computer or they can go up on the gration laws. to a conclusion on than the issue of im- Internet and code to customs and im- Mr. President, I thank you for the migration. It is our responsibility. We migration and find out that person is time and yield the floor. cannot kick it to the Governors. We legal. The paradigm changes, and then The PRESIDING OFFICER. The Sen- cannot blame the mayor of Nashville. the hope and opportunity of reforming ator from Tennessee. We cannot blame anybody in Iraq. It is legal immigration in this country can Mr. ALEXANDER. Mr. President, I our job in the Senate and the House of become a reality. congratulate the Senator from Geor- Representatives. I am not an obstructionist to doing gia. He has described something that We should begin to do our job. We it. In fact, if anything needs to be done, for the last several months I have been should take it up within the next few we need to reform the legal system be- calling the Isakson principle. I believe weeks. We should base our bill on the cause we almost promote, through the the Isakson principle is the basis for a Isakson principle. And we should not rigidity and difficulty of legal immi- comprehensive immigration bill that stop our work on the immigration bill gration, coming here illegally because could attract 85 to 90 votes in the Sen- until we are finished. we are looking the other way on the ate and could, in a fairly short period The Isakson principle is the basis for border. We have a historical precedent. of time, be reconciled with legislation success with immigration because of In 1986, we reformed immigration passed by the House of Representa- the so-called trigger. As the Senator with the Simpson Act. We granted 3 tives. from Georgia said, once we put into ef- million people amnesty, said we were It would be a single piece of legisla- fect all of the things we need to do to going to secure the border and didn’t. tion that would work in two stages. It secure the border, the trigger operates, Today, we have 12 million because we would first secure our border; and then, and then we get to all the rest of the did not secure that border. That can as the Senator from Georgia says, the issues, some of which are hard to solve. never happen again. trigger would come in, and we would But they are made much easier to solve Second, if the border is secure and we get the rest of the job done. And the once we and the American people are give people who are here illegally but rest of the job includes defining who assured the border will be secured. are lawfully obeying the laws a chance can work and who can study in the It is outrageous for us in the Senate to come forward, we can identify who United States if they come from over- to preach about the rule of law to the is here who is not a problem. seas. The rest of the job also includes rest of the world and ignore it here at And you, also, leave open, for those helping prospective citizens, of which home. The rule of law is one of the who do not come forward whom you there are about a million a year most important principles of our coun- must concentrate on, to see to it they today—people who are here legally—to try. We should make no apology, not be are not here for the wrong reasons and help them learn English, to learn our embarrassed 1 minute for insisting they go home. But you can never en- history, and to learn our democratic upon it. Every new citizen knows that. force the system internally before you traditions so we can be one country. They do not come to this country to first close the external opportunity to There is a lot of talk this week about become an American based upon their come through illegal immigration. the borders of Iraq. I believe there are color or their ethnic background. They Mr. President, in May 1903, Anders some more important borders in this come because to be an American, you Isakson came through Ellis Island be- world, at least to us Americans, and believe in a few principles which you cause of the potato famine in Scan- they are the borders around our own must learn if you are going to become dinavia. In 1916, my father was born to country. It is more important that we a citizen. Foremost among those is the him and his wife, Josephine. My father secure our borders at home than it is rule of law. became a citizen of this country be- to secure the borders in Iraq. So we start with that. But that is not cause he was born on our soil. In 1926, Last year, both the Senate and the the only principle new citizens learn. my grandfather became a naturalized House of Representatives passed an im- There is the principle of laissez-faire—

VerDate Mar 15 2010 22:11 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18JA7.REC S18JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S756 CONGRESSIONAL RECORD — SENATE January 18, 2007 in other words, a strong economy. And Clearly, more must be done to increase the costs associated with installing immigrants help a strong economy, the availability of alternative fuels at some of these pumps, a lot of filling whether they are going to be Nobel the retail level. station owners are reluctant to do so. Prize winners or whether they are The Alternative Energy Refueling What this would do is provide up to going to be picking fruit in California. Systems Act would authorize the De- $30,000 or 30 percent of the cost not to There is the principle of equal oppor- partment of Energy, through the exist- exceed $30,000 toward that end. So we tunity. There is the principle of e ing Clean Cities Program, to provide think this is a very commonsense ap- pluribus unum, engraved right up there grants to gas station owners who will proach to doing something that we above the Presiding Officer: How do we install alternative refueling systems. really need to be doing in America become one country? We learn our tra- These grants would greatly assist in today, and that is moving away from dition. We learn a common language. expanding the availability of alter- our dependence upon the oil industry We adhere to common principles, in- native fuels such as E–85, which is a for our energy. stead of color and background. And mix of 15 percent gasoline and 85 per- I wanted to tell my colleagues a lit- there is the tradition of the country cent ethanol, or biodiesel, natural gas, tle bit about who supports this piece of that we are a nation of immigrants. By compressed natural gas, hydrogen, or legislation. We have a number of busi- our failure to act, we are showing a liquefied petroleum gas. nesses, agricultural and alternative en- lack of respect for the rule of law and Under this legislation, gas station ergy groups, including General Motors, a lack of respect for our tradition as a owners who wish to install a new alter- Ford Motors, Daimler Chrysler—all the nation of immigrants. native fuel tank would be reimbursed big domestic automakers—Wal-Mart, It is especially outrageous for us not for up to 30 percent of the cost, not ex- the Petroleum Marketers Association to act when there is no one to blame ceeding $30,000, of expenses related to of America, the National Ethanol Vehi- but us. We cannot blame Syria for this the purchase and installation of a new cle Coalition, the National Association one. We cannot blame the Iraqi Gov- alternative refueling system. Keep in of Fleet Administrators, the Renewable ernment. We cannot blame Iran. We mind that subject to an annual appro- Fuels Association, the National Bio- cannot blame al-Qaida. It is us. It is priations, funding for these grants diesel Board, the National Corn Grow- our job. So, Mr. President, I am here would come from a portion of the pen- ers Association, the American Soybean today to commend the Senator from alties that are collected annually from Association, the American Coalition Georgia. Since last fall, he has had be- auto manufacturers who violate the for Ethanol, and the National Associa- fore us the basis for sound, comprehen- Corporate Average Fuel Economy, or tion of Truck Stop Operators. sive immigration legislation—all in CAFE standards, most of which are for- So up and down the so-called food one bill; two parts: secure our borders; eign automakers. chain, from the production, the corn and once that is done, then all the rest I have to say the cost to install a growers, the manufacturers of vehicles of it. I believe that would attract 85 or pump like this generally runs some- in this country, those who are involved 90 votes. And I would suggest, respect- where from $30,000 to $40,000 to about at the retail level with getting fuel out fully, to my friend, the Democratic $200,000, depending on where you are in there—filling stations, convenience leader, and my friend, the Republican the country. So obviously, it is a big stores—all the agricultural organiza- leader, that if we are looking for things investment for a lot of these filling sta- tions, as I said, the ethanol industry, to do that are important, that the tion owners. But the fact is, they need are all very much supportive of this American people expect us to act on, to have an incentive and some assist- particular piece of legislation. that we have already demonstrated we ance to make sure we are closing the A measure very similar to this over- can work on together, that within a gap that exists in this country between whelmingly passed in the House of Rep- few weeks we take up the matter of im- the production of renewable energy—a resentatives by a vote of 355 to 9 back migration, we base it on the Isakson lot of ethanol production is going on in on July 4 of 2006. Unfortunately, the principle, and we do not stop until we the country. In my State alone we have Senate was unable to consider our com- finish the job. 11 plants currently operating, 5 more panion measure before adjourning last under construction, and we will be, by year. By Mr. THUNE (for himself, Mr. 2008, at 1 billion gallons annually of So Senator SALAZAR and I whole- SALAZAR, and Mr. HAGEL): ethanol in South Dakota alone. So heartedly believe this is a common- S. 331. A bill to provide grants from when you add to that the ethanol that sense measure that will significantly moneys collected from violations of is produced in other areas of the Mid- increase the number of alternative re- the corporate average fuel economy west, we have a lot of production out fueling stations nationwide. As I said program to be used to expand infra- there, and I think we have a big mar- earlier, it accomplishes a lot of objec- structure necessary to increase the ket growing. We have a renewable fuels tives that are important from a policy availability of alternative fuels; to the standard that requires that we use 7.5 standpoint, a national security stand- Committee on Energy and Natural Re- billion gallons annually by the year point, energy security standpoint, and sources. 2012, which, frankly, I think we will an environmental standpoint. This, to Mr. THUNE. Mr. President, I rise eclipse way before that time. Because me, is a win-win, and I hope the Senate today along with my colleague from at the current rate of production, we will act on it before this year is out. Colorado, Senator SALAZAR, regarding are going to blow by that in a very Hopefully, we will start to consider S. 331, the Alternative Energy Refuel- short time. very seriously in the weeks and months ing Systems Act of 2007. The bill is a But that being said, there is a re- ahead energy legislation and another very straightforward measure that quirement out there that a market de- farm bill, which I hope will have a very seeks to increase the number of alter- velop for this. We have a lot of con- robust energy title included in it. It is native refueling stations across our sumers around the country who would high time we did something substantial country, something that I hope the full like to have access to renewable energy to lessen or to close this gap we have Senate will support later this year. who believe for a lot of reasons, as I do, and this problem that needs to be ad- Today, there are over 9 million alter- that it makes sense to lessen our de- dressed in terms of our ability to con- native fuel automobiles on the road in pendence upon foreign sources of en- tinue to grow the renewable fuels in- America. However, while automakers ergy, to become more energy secure. It dustry in this country, home-grown en- have pledged to produce an increasing cleans up the environment and, obvi- ergy, energy that we get on an annual number of these vehicles, there is a se- ously, in my part of the country, it is basis. rious shortfall in the number of gas very good for American agriculture. We raise a corn crop every year in stations to support these vehicles. For But what we are missing in that dis- South Dakota, as they do in Iowa, Min- instance, while there are more than 6 tribution system is the retail level. We nesota, and Nebraska and in other million flex-fuel vehicles on the road have the production, we have the de- States across this country which are today which can run on E–85 or gaso- mand, we have a renewable fuels stand- all starting to realize the benefits of line, less than 1 percent of all gas sta- ard, we have a market, but we don’t ethanol production and what it means tions in this country offer E–85 fuel. have a way of joining those. Because of to their agricultural economy. So this

VerDate Mar 15 2010 22:11 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18JA7.REC S18JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 18, 2007 CONGRESSIONAL RECORD — SENATE S757 is a good piece of legislation that I urge my colleagues to take a seri- Requiring employers to cash out makes sense in so many ways. I hope ous look at this bill—it is common their health premiums, as I propose in the very clear logic of it will help us sense, straightforward, fills a clear the Healthy Americans Act, is good for prevail in getting it passed in the Sen- need, and is fiscally responsible. both employers and workers. With ate this year. I again thank my colleague from health premiums going up 11 percent This legislation is cosponsored by South Dakota for his leadership on this this year, employers are going to be Senator HAGEL of Nebraska and Sen- matter. glad to be exempt from these increases. ator CONRAD of North Dakota. I again With the extra money in their pay- put this bill before the Senate, and I By Mr. WYDEN: check, workers have a new incentive to look forward to its consideration. S. 334. A bill to provide affordable, shop for their health care and hold Mr. SALAZAR. Mr. President, I join guaranteed private health coverage down their cost. If a worker can save a my colleague Senator THUNE today in that will make Americans healthier few hundred dollars on their health introducing S. 331, the Thune/Salazar and can never be taken away; to the care purchase, they can use that Alternative Fuel Grant Program. I am Committee on Finance. money for something else they need. proud that Senators HAGEL and CONRAD Mr. WYDEN. Mr. President, it has In addition, the Healthy Americans are also joining us in this effort. been more than a decade since the U.S. Act is easy to administer and guaran- This morning I spoke about the dire Senate last addressed fixing health tees lifetime health security. Once you threat that our dependence on foreign care. I do not think it is morally right have signed up with a plan through an oil poses to our energy security and for the Senate to duck on health care exchange in the State in which you our national security. We are simply any longer and that is why I am pro- live, that is it; you have completed the too vulnerable to oil shocks, supply posing legislation today to provide af- administrative process. Even if you disruptions, and the whims of oil-rich fordable, guaranteed, private health lose your job or you go bankrupt, you and democracy-poor countries. coverage for all Americans. can never have your coverage taken The legislation, called the Healthy It is time to build a new, clean en- away. Sign up, and the premium you Americans Act, ensures care for the 46 ergy economy that runs on biofuels, pay for the plan and all of the adminis- million Americans who now live with- wind, solar, and alternative energies. trative activities are handled through out health insurance, frees business This clean energy economy will move the tax system. For those who cannot owners from the skyrocketing costs of us out of the shadows of our oil depend- afford private coverage, the Healthy insuring their workers, and promises ence. Our farmers, ranchers, engineers, Americans Act subsidizes their pur- every American health care coverage and entrepreneurs should play a lead chases. role in this clean energy revolution, that can never be taken away. My pro- posal is fully paid for, holds down Businesses that have not been able to and Congress should do more to help afford health coverage for their work- them. health care cost growth in the future and provides coverage just like Mem- ers, under the new approach, will pay a The bill that Senator THUNE and I fee—one that is tiered to their size and are introducing today, S. 331, is a bers of Congress can get now. America spent $2.2 trillion on health revenue, with some paying as little as straightforward bill that will help ex- 2 percent of the national average pre- pand the availability of alternative care last year. PriceWaterhouse- Coopers expects premiums will in- mium amount per worker for that fuels at our Nation’s filling stations. basic benefit package. It aims to solve a key problem that is crease 11 percent this year alone and I slowing the growth of alternative fuels believe the American health care sys- It will be easy to administer, locally in the transportation sector. Although tem as we know it is not sustainable. controlled, with guaranteed coverage our farmers and ranchers are producing Our current employer-sponsored as good as your Member of Congress more and more biofuels each year, and health insurance system is a historic gets. The Lewin Group has costed out our car manufacturers are building accident. In the 1940s, employers need- my proposal and reports that it is fully more and more vehicles that run on E– ed a way to attract workers as wage paid for and in addition to expanding 85, consumers still have a difficult time and price controls continued. Our coun- coverage for millions of people, guaran- finding anything but gasoline at their try needs a uniquely American solution teeing health benefits as good as their filling station. that works for an economy that is Member of Congress gets, it also saves Our alternative fuel infrastructure is competing not just with the company $4.5 billion in health spending in the woefully behind the times. At last across town but the company across first year. Money is saved by reducing count, only a few hundred filling sta- the world. Americans need a health the administrative costs of insurance, tions around the country carried E–85 care system that works for individuals reducing cost shifting, and preventing fuel, while more than 6 million flexible and families, and encourages people to those needless hospital emergency fuel vehicles are on the road. stay healthy instead of only seeking room visits. Also, there are substantial Consumers should have the choice of care after they are sick. incentives that come about because in- whether to fill their car with biofuels The Healthy Americans Act does this surance companies would have to com- or with gasoline. Unfortunately, most and more. It doesn’t take long to ex- pete for the business of consumers, who of them do not. plain how the Healthy Americans Act would have a new incentive to hold The bill we are introducing is simple. works. From the first day individuals, down health costs. It would provide grants to eligible gas families and businesses win. The There are other parts of the Healthy station owners, farmers, and businesses Healthy Americans Act cuts the link Americans Act I wish to describe brief- that install pumps to deliver alter- between health insurance and employ- ly. As the name of the legislation sug- native fuels, such as natural gas or E– ment altogether. Under the Healthy gests, I believe strongly that fixing 85. Americans Act, businesses paying for American health care requires a new The bill uses funds collected through employee health premiums are re- ethic of health care prevention, a sharp CAFE penalties—approximately $20 quired to increase their workers’ pay- new focus in keeping our citizens well, million—for grants of up to $30,000. The checks by the amount they spent last and trying to keep them from falling funding would still be subject to an- year on their health coverage. Federal victim to skyrocketing rates of in- nual appropriations and is budget neu- tax law is changed to hold the worker crease in diabetes, heart attack, and tral. harmless for the extra compensation, strokes. This bill will dramatically improve and the worker is required to purchase Spending on these chronic illnesses is the availability of alternative fuels to private coverage through an exchange soaring, and it is especially sad to see consumers. It will allow those with E– in their State that forces insurance so many children and seniors fall vic- 85 vehicles to finally use the fuel they companies to offer simplified, stand- tim to these diseases. Yet many Gov- dream of using. It will also put in place ardized coverage, with benefits like a ernment programs and private insur- the infrastructure we need for cellu- Member of Congress gets, and prohibits ance devote most of their attention to losic ethanol, which is expected to insurers from engaging in price dis- treating Americans after they are ill come to market in just a few years. crimination. and give short shrift to wellness.

VerDate Mar 15 2010 22:11 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18JA7.REC S18JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S758 CONGRESSIONAL RECORD — SENATE January 18, 2007 Under the Healthy Americans Act, gress gets, automatically. Like every- business. Andy Stern, president of there will be for the first time signifi- one else, they will sign up through the SEIU said ‘‘It is time for fundamental, cant new incentives for all Americans exchange in their State. When they are not incremental change and Senator to stay healthy. They are voluntary in- working, the premiums they owe are WYDEN has a plan that is practical and centives, but ones that I think will withheld from their paycheck. If they principle, and sets down a moral test’’ make a real difference in building a na- lose their job, there is an automatic ’Why doesn’t every American have the tional new ethic of wellness and health adjustment in their withholding. right to the same health care as the care prevention. In addition, under the Healthy Amer- President, the Vice President, 535 Parents who enroll children in icans Act, it will be more attractive for members of Congress and 3 million wellness programs will be eligible for doctors and other health care providers Federal workers?’ ’’ Steve Burd, the discounts in their own premiums. In- to care for the poor. Those who are now CEO of Safeway, a Fortune 50 company stead of mandating that parents take in underfunded programs, such as Med- that has focused on prevention and youngsters to various health pro- icaid, are going to be able to have pri- wellness, called the Healthy Americans grams—and maybe they do and maybe vate insurance that pays doctors and Act ‘‘an innovative proposal that lays they don’t—the Healthy Americans Act other providers commercial rates a foundation to begin a serious discus- says when a parent takes a child to one which are traditionally higher than sion on health care reform in this of those wellness programs, the parent Medicaid reimbursement rates. country.’’ would be eligible to get a discount on Because low-income children and the Ron Pollack of Families USA, listed the parent’s health premiums. disabled are so vulnerable, if Medicaid the principles embodied in the Healthy Under the Healthy Americans Act, provides benefits that are not included Americans Act that he believes are im- employers who financially support in the kind of package Members of portant: universality; subsides to make health care prevention for their work- Congress get, then those low-income the coverage affordable; community ers get incentives for doing that as folks would be entitled to get the addi- rating rules so the sicker and older are well. Medicare is authorized to reduce tional benefits from the Medicaid Pro- not priced out of the market; and bene- outpatient Part B premiums so as to gram in their State. fits like a Member of Congress has reward seniors trying to reduce their The Healthy Americans Act also today. cholesterol, lose weight, or decrease makes changes in Medicare. As the Also at my press conference was the risk of stroke. It has never been largest Federal health program, Medi- Mike Roach, of Portland, OR, a 30-year done before. For example, Part B of care’s financial status is far more frag- member of National Federation of Medicare, the outpatient part, doesn’t ile than Social Security. Two-thirds of Independent Businesses. He owns a offer any incentives for older Ameri- Medicare spending is now devoted to clothing store in Portland and employs cans to change their behavior. Every- about 5 percent of the elderly popu- eight people. He believes the Healthy body pays the same Medicare Part B lation. Those are the seniors with Americans Act will help him attract premium right now. The Healthy chronic illness and the seniors who good employees. And Bob Beal, presi- Americans Act proposes we change need compassionate end-of-life health dent of Oregon Iron Works, an Oregon- that and ensures that if a senior from care. The Healthy Americans Act based company that competes inter- Virginia or Oregon or elsewhere is in- strengthens Medicare for both seniors nationally, believes that we must also volved in a wellness program, in health and taxpayers in both of these areas. address the skyrocketing health care care prevention efforts, like smoking In addition to reducing Medicare’s costs that make it harder for compa- cessation, they could get a lower Part outpatient premiums for seniors who nies like his in the international mar- B premium for doing that. adopt healthy lifestyles and reduce the ket place. The preventive health efforts I have prospect of chronic illness, primary Like me, the people who stood by me described are promoted through new care reimbursements for doctors and when I announced the Healthy Ameri- voluntary incentives under the Healthy other providers get a boost under the cans Act believe we need to move the Americans Act, not heavy-handed man- Healthy Americans Act. Good primary health care debate forward and cannot dates. What this legislation says is— care for seniors also reduces the likeli- afford to let more time to go by. The let’s make it more attractive for peo- hood of chronic illness that goes last time Congress took a serious look ple to stay healthy and change their unmanaged. This reimbursement boost at reforming health care, there wasn’t behaviors to promote the kind of is sure to increase access to care for anything resembling this kind of coali- wellness practices we all know we seniors—and I see them all over, in Or- tion of labor, business, low-income and should do but need an incentive to fol- egon and elsewhere—who are having end-of-life advocates standing together low. difficulty finding doctors who will to call for action. Finally, and most importantly, the treat them. In tackling one-seventh of the econ- Healthy Americans Act does not harm To better meet the needs of seniors omy, invariably technical issues arise. those who have coverage in order to suffering from multiple chronic ill- I want to thank many people who have help those who have nothing. The legis- nesses, the Healthy Americans Act pro- assisted along the way. Len Nichols of lation makes clear that all Americans motes better coordination of their care the New America Foundation sent me retain the right to purchase as much by allowing a special management fee e-mails at 2 in the morning that helped health care coverage as they want. All to providers who better assist seniors refine provisions. John Sheils, Randy Americans will enjoy true health secu- with these especially important serv- Haught and Evelyn Murphy of the rity with the Healthy Americans Act, a ices. Lewin Group assisted in telling us our lifetime guarantee of coverage at least Hospice law is changed so that sen- numbers worked or didn’t. The Con- as good as their Member of Congress iors who are terminally ill do not have gressional Research Service staff fol- receives. to give up care that allows them to lowed up on questions from the com- A recent ‘‘Health Affairs’’ article treat their illness in order to get the mon to the obscure. That group in- pointed out that more than half of the Medicare hospice benefit. In addition, cluded: Bob Lyke, Jeanne Hearne, Nation’s uninsured are ineligible for the Healthy Americans Act empowers April Grady, Julie Whitaker, Christine public programs such as Medicaid, but all our citizens wishing to make their Scott, Chris Peterson, Richard do not have the money to purchase own end-of-life care decisions. The leg- Rimkunas, Karen Trintz, Julie Stone coverage for themselves. islation requires hospitals and other fa- and Andrew Sommers. The Senate Leg- At present, for most poor people to cilities to give patients the choice of islative Counsel staff translated the receive health benefits, they have to go stating in writing how they would want ideas and concepts into legislative lan- out and try to squeeze themselves into their doctor and other health care pro- guage. They devoted an enormous one of the categories that entitles viders to handle various end-of-life amount of time in getting the ideas them to care. Under the Healthy Amer- care decisions. and the language right. I’d like to icans Act, low-income people will re- When I announced the Healthy Amer- thank Mark Mathiesen, Mark ceive private health coverage, coverage icans Act last December, I stood with McGunagle, Bill Baird, John that is as good as a Member of Con- an unprecedented coalition of labor and Goetcheus, Stacy Kern-Sheerer, Kelly

VerDate Mar 15 2010 22:11 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18JA7.REC S18JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 18, 2007 CONGRESSIONAL RECORD — SENATE S759 Malone and Ruth Ernest for their pa- age 24 claimed by their parents for deduc- Limitations: Age, gender, industry, health tience and extraordinary effort. tions in the tax code. status or claims experience may not be used On my staff, Joshua Sheinkman, my Penalty for Failure to Purchase Coverage: to determine premiums. If an individual fails to purchase coverage Section 112: Specific Coverage Require- legislative director and Jeff Michaels, and does not meet the exceptions or the reli- ments: This section requires existing provi- my administrative assistant, were in- gious exemption, then a financial penalty sions of law currently applied to group strumental in completing the tax and will be assessed. The penalty is calculated by health markets to be applied to the plans of- business sections of the bill. Emily multiplying the number of uncovered fered through Health Help Agencies includ- Katz who started in my office as a leg- months times the weighted average of the ing: protections for coverage of pre-existing islative fellow and became a permanent monthly premium for a plan in the person’s conditions; guaranteed availability of cov- part of the Wyden health team made coverage class and coverage area, plus 15 per- erage; guaranteed renewability of coverage; cent. Payments will be made to the HHA of prohibition of discrimination based on sure we had credible facts and statis- the State in which the person resides. That health status; coverage protections for tics. Last but not least, I would like to agency also may establish a procedure to mothers and newborns, mental health parity, thank Stephanie Kennan, my Senior waive the penalty if the penalty poses a and reconstructive surgery following a mas- Health Policy Adviser for the last 9 hardship. Each State shall determine appro- tectomy; and prohibition of discrimination years who played devil’s advocate, priate mechanisms to enforce the require- on the basis of genetic information. worked through the conflicting and ment that individuals be enrolled, but the This section also states that a HAPI plan evolving ideas, and kept the many enforcement cannot be the revocation or in- shall not establish rules for eligibility for eligibility of coverage. enrollment based on genetic information, threads of the bill working together. and premiums and personal responsibility The full text of the Healthy Ameri- Subtitle B—Standards for Healthy Americans Private Insurance Coverage payments cannot be adjusted based on ge- cans Act and the Lewin analysis are netic information. A plan cannot request or Section 111: Healthy Americans Private In- require an individual to have a genetic test. available on my Web site. surance Plans: At least two plans that meet Section 113: Updating Healthy Americans In closing, I believe that without the requirements of the Act must be offered Private Insurance Plan Requirements: The your health, you don’t get to the start- through the Health Help Agency in each Secretary of Health and Human Services ing line of life. For too long, the Con- State. The offerings permitted through (HHS) shall create a 15-person advisory com- Health Help include several options: (1) a gress has dodged the debate and chosen mittee that will report annually to Congress plan similar to the Blue Cross Blue Shield to slice off parts of the issue. And as and the Secretary concerning modifications Standard Plan provided under the Federal worthy as those past efforts have been to benefits, items and services. The com- Employees Health Benefit Program as of to help certain segments of our citi- mittee members will include a health econo- January 1, 2007; (2) plans with additional mist; an ethicist; health care providers in- zens, all Americans deserve guaranteed benefits added to the standard plan so long cluding nurses and other non-physician pro- coverage like their Member of Con- as those benefits are priced and displayed viders; health insurance issuers; health care gress, and no one should go to bed at separately; and (3) actuarial equivalent plans consumers; a member of the U.S. Preventive to the standard plan. In addition, plans must night worrying about losing their Services Task Force; and an actuary. health care. It is time for Congress to provide benefits for wellness programs; in- centives to promote wellness; provide cov- Subtitle C—Eligibility for Premium and Per- provide 21st century solutions to one of sonal Responsibility Contribution Sub- the most important issues our country erage for catastrophic medical events result- ing in the exhaustion of lifetime limits; cre- sidies must address. The Healthy Americans ate a health home for the covered individual Section 121: Eligibility for Premium Sub- Act starts that debate. or family; ensure that as part of a first visit sidies: Individuals and families with modi- I ask unanimous consent, that the with a primary care physician, a care plan is fied adjusted gross incomes of 100% of pov- Healthy Americans Act section-by-sec- developed to maximize the health of the in- erty ($9,800 individual, $20,000 for a family of tion summary, and examples of how dividual through wellness and prevention ac- four) and below will be eligible for a full sub- the legislation would affect individuals tivities; provide for comprehensive disease sidy with which to purchase health insur- ance. For individuals and families with in- and families and employers be printed prevention, early detection and manage- ment; and provide for personal responsibility come between 100% of poverty and 400% of in the RECORD. poverty ($39,200 for an individual, $52,800 for There being no objection, the mate- contributions at the time services are ad- ministered except for preventive items or a couple and $80,000 for a family of four), sub- rial was ordered to be printed in the services for early detection. sidies will be provided on a sliding scale. RECORD, as follows: Family Planning: A health insurance [Note: To calculate the subsidy level, the individual or family would first subtract the THE HEALTHY AMERICANS ACT SECTION BY issuer must make available supplemental health deductions and a deduction for chil- SECTION coverage for abortion services that may be purchased in conjunction with a HAPI plan dren in the family to determine the modified Section 1— Short Title and Table of Con- adjusted gross income. See deductions in tents or an actuarially equivalent HAPI. Actuarial Equivalent Plans: Actuarial Section 664.] Section 2—Findings Individuals have 60 days to notify the HHA Section 3—Definitions equivalent plans have to have a set of core benefits that include preventive items and that there has been a change in income TITLE I: HEALTHY AMERICANS PRIVATE services; inpatient and outpatient hospital which may make them eligible or ineligible INSURANCE PLANS services; physicians’ surgical and medical for the subsidy. States may also develop Subtitle A—Guaranteed Private Coverage services; and laboratory and X-ray services. other mechanisms to ensure individuals do not have a break in coverage due to a cata- Section 101: Guarantee of Healthy Ameri- Like the other HAPI plans, actuarial equiva- strophic financial event. cans Private Insurance Coverage: Within 2 lent plans cannot charge copays for preven- Section 122: Eligibility for Personal Re- years of enactment States must create a sys- tion and chronic disease management items tem as outlined in the bill to provide individ- sponsibility Contribution Subsidies: or services. Full subsidy: Individuals who have a modi- uals the opportunity to purchase a Healthy Coverage Classes: There will be the fol- fied adjusted gross income below 100 percent Americans Private Insurance (HAPI) plan lowing coverage classes: (1) individual; (2) of poverty will receive a subsidy amount that meets the requirements of the Act. married couple or domestic partnership (as equal to the full amount of any personal re- Section 102: Individual Responsibility to determined by a State) without dependent sponsibility contributions. Enroll: Adults (over age 19, U.S. citizens, not children; (3) coverage of an adult individual Partial subsidy: For individuals with modi- incarcerated) must enroll themselves and de- with 1 or more dependent children; (4) cov- fied adjusted gross incomes at or above 100 pendent children in a plan offered through erage of a married couple or domestic part- percent of poverty an HHA may provide a the state-wide Health Help Agency (HHA) nership as determined by a State with one or subsidy equal to the amount of any personal unless they provide evidence of enrollment more dependent children. responsibility contributions the person in- or coverage through Medicare, a health in- Premium Determinations: Community rat- curs. surance plan offered by the Department of ing or adjusted community rating principles Section 123: Definitions and Special Rules: Defense, an employee benefit plan through a established by the State will be used. States The term modified adjusted gross income former employer (i.e. retiree health plans), a may permit premium variations based only means adjusted gross income as defined in qualified collective bargaining agreement, on geography, smoking status, and family the Internal Revenue Code increased by the the Department of Veterans Affairs, or the size. States may determine to have no vari- amount of interest received during the year Indian Health Service. ations. and the amount of any Social Security bene- Religious Exemption: If a person opposes A State shall permit a health insurance fits received during the taxable year. for religious reasons to purchasing health in- issuer to provide premium discounts and Taxable year to be used to determine modi- surance the requirement may be waived. other incentives to enrollees based on par- fied adjusted gross income is determined by Dependent Children: Each adult has the re- ticipation in wellness, chronic disease man- the individual’s most recent income tax re- sponsibility to enroll each child in a plan. agement, and other programs designed to im- turn and other information the Secretary Dependent children include individuals up to prove the health of participants. may require.

VerDate Mar 15 2010 22:11 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18JA7.REC S18JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S760 CONGRESSIONAL RECORD — SENATE January 18, 2007 Poverty Line is the meaning given in the cludes Early Periodic Screening Diagnosis a State decides to do a waiver similar to the Community Health Services Block Grant. and Treatment (EPSDT) services. Vermont waiver which allows individuals to The Secretary shall promulgate regula- Subtitle B—Service Providers have access to home and community based tions to be used by the HHAs to calculate Section 211: Inclusion of Providers under services, so long as the State meets criteria premium subsides and personal responsi- HAPI Plans: Children receiving care though specified, the State may automatically im- bility subsidies for individuals whose modi- school based health centers, other centers plement the program. fied adjusted gross income is significantly funded through Public Health Service Act, Section 312: Simpler and More Affordable lower than for the previous year being used rural health clinics or an Indian Health Long-Term Care Insurance Coverage: This to calculate the premium subsidy. Service facility will be provided services at section creates Medigap-like models for tax Special Rule for Unlawfully Present no cost or HAPI plans will reimburse the qualified long term care policies and adds ad- Aliens: Subsidies may not go to adult illegal providers for the services. ditional consumer protections. aliens. Section 212: Use of, and Grants for, School A Qualified Long Term Care Plan is a plan Special Rule for Aliens: If an alien owes ei- Based Health Centers: Creates and defines that meets the standards and requirements ther a premium payment or a penalty, the school based health centers and provides for developed by either the National Association alien’s visa may not be renewed or adjusted. grants to develop more school based health of Insurance Commissioners (NAIC) or by Bankruptcy: Debts created by failing to centers. federal regulations. pay premiums are not dischargeable through School based health centers must be lo- bankruptcy. cated in elementary or secondary schools, Development of Standards and Require- operated in collaboration with the school in Subtitle D—Wellness Programs ments: Within 9 months after the date of en- which the center is located; administered by actment, the NAIC should adopt a model reg- Section 131: Requirements for Wellness a community-based organization including a ulation to regulate limitations on the groups Programs: hospital, public health department, commu- or packages of benefits that may be offered Defining Wellness: Wellness programs nity health center, or nonprofit health care under a long term care insurance policy; uni- must consist of a combination of activities agency. The school based health center must form language and definitions; uniform for- designed to increase awareness, assess risks, provide primary health care services includ- mat to be used in the policy with respect to educate and promote voluntary behavior ing health assessments, diagnosis and treat- benefits; and other standards required by the change to improve the health of an indi- ment of minor acute or chronic conditions Secretary of HHS. vidual, modify his or her consumer health and Healthy Start benefits; and mental behavior, enhance his or her personal well- health services. Services must be available If NAIC does not adopt a model regulation being and productivity, and prevent illness when the school is open and through on call with the 9-month period, the Secretary shall and injury. coverage. Services are to be provided by ap- promulgate regulations within 9 months that Discounts on premiums: Individuals who propriately credentialed individuals includ- do the same as the above section. In devel- participate successfully in approved wellness ing nurse practitioner, physician assistant, a oping standards and requirements, the Sec- programs are eligible for a discounted pre- mental health professional, physician or an retary shall consult with a working group of mium, including rewarding parents if their assistant. Centers must use electronic med- representatives of long term care insurers, child participates in an approved wellness ical records by January 1, 2010. In addition, beneficiaries and consumer groups, and other program. Determinations concerning suc- the centers may also provide preventive den- individuals. cessful participation by an individual in a tal services consistent with State licensure Limitations on Groups and Packages of wellness program shall be made by the plan law through dental hygienists or dental as- Benefits: The model regulation or federal based on a retrospective review of the activi- sistants. regulation shall provide for the identifica- ties the individual participated in and the School based health centers may provide tion of a core group of basic benefits com- plan may require a minimum level of suc- services to students in more than one school mon to all policies and the total number of cessful participation. if it is determined to be appropriate. different benefit packages and combination A plan may choose to provide discounts on A parent must give permission for the of benefits that maybe offered as a separate personal responsibility contributions. child to receive care in a school based health benefit package may not exceed 10. Wellness programs approved by the insurer center. Centers may seek reimbursement from a third party payer including HAPI The objectives that need to be balanced in must be offered to all enrollees and permit plans. Funds received from third party payer developing the packages are: to simplify the enrollees an opportunity to meet a reason- reimbursement shall be allocated to the cen- market to facilitate comparisons among able alternative participation standard if it ter in which the care was provided. policies; avoiding adverse selection; provide is medically inadvisable to attempt to meet Development Grants: The Secretary shall consumer choice; provide market stability the initial program standard. Participation provide grants to local school districts and and promote competition. in wellness programs cannot be used as a communities for the establishment and oper- The requirements would go into effect no proxy for health status. ation of school based health centers. The later than one year after the date NAIC or To be an approved wellness program, the Secretary shall give priority to applicants the Secretary adopts the standards. program must be designed to promote good who will establish a school based health cen- health and prevent disease, is approved by Required State Legislation: State legisla- ter in medically underserved areas or areas tures would adopt the standards. the HAPI plan, and is offered to all enrollees. for which there are extended distances be- Employers may deduct the costs of offering tween the school involved and appropriate Additional Consumer Protections: This wellness programs or worksite health cen- providers of care for children; services stu- section amends the 1993 NAIC model regula- ters. dents with the highest incidence of unmet tion and model Act to require additional TITLE II: HEALTHY START FOR CHILDREN medical and psycho social needs; and can consumer protections for qualified long term care policies concerning, guaranteed renewal Subtitle A—Benefits and Eligibility demonstrate that funding state, local or community partners have provided at least or noncancelability; prohibitions on limita- Section 201: General Goal and Authoriza- 50 percent of the funding for the center to tions and exclusions, continuation or conver- tion of Appropriations for HAPI Plan Cov- ensure the ongoing operation of the center. sion of coverage, unintentional lapse, proba- erage for Children: The general goal of Federal Tort Claims Act: A health care tionary periods, preexisting conditions, and Healthy Start is to ensure all children re- provider shall have malpractice coverage other issues. ceive health coverage that is good quality, through the Federal Tort Claims Act for Any person selling a long term care insur- affordable and includes prevention-oriented services provided through a school based ance policy shall make available for sale a benefits. health center. policy with only the core group of basic ben- Funds needed for this section are to be ap- TITLE III: BETTER HEALTH FOR OLDER AND efits. propriated. DISABLED AMERICANS If a child is in a family with an income of TITLE IV: HEALTHIER MEDICARE 300% or below and the child does not have Subtitle A—Assurance of Supplemental Subtitle A—Authority To Adjust Amount of coverage, Healthy Start shall ensure the Medicaid Coverage Part B Premium To Reward Positive child is enrolled in a plan. The States and in- Section 301: Coordination of Supplemental Health Behavior surers shall create a separate class of cov- Coverage under the Medicaid Program for erage for children not enrolled in a plan by Elderly and Disabled Individuals: The Sec- Section 401: Authority to Adjust Amount an adult. A child is defined as those under retary shall provide guidance to States and of Medicare Part B Premium to Reward Posi- the age of 18 or in the case of foster care, insurers that takes into account the specific tive Health Behavior: The Secretary may ad- under the age of 21. health care needs of elderly and disabled in- just Part B premiums for an individual based Section 202: Coordination of Supplemental dividuals who receive Medicaid benefits so on whether or not the individual participates Coverage under the Medicaid Program to that Medicaid may provide services not pro- in healthy behaviors, including weight man- HAPI Plan Coverage for Children: If a child vided by HAPI plans. agement, exercise, nutrition counseling, re- was receiving services through Medicaid that Subtitle B—Empowering Individuals and fraining from tobacco use, designating a are not offered through the private coverage States To Improve Long-Term Care Choices health home, and other behaviors deter- offered through Health Help, Medicaid will Section 311: New, Automatic Medicaid Op- mined appropriate by the Secretary. In ad- continue to provide that assistance. This in- tion for State Choices for Long-Term Care: If justing the Part B premium, the Secretary

VerDate Mar 15 2010 22:11 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18JA7.REC S18JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 18, 2007 CONGRESSIONAL RECORD — SENATE S761 must ensure budget neutrality and the ag- tilator-related illnesses; and other elements standardized unbiased information on plans gregate must be equal to 25 percent of pre- the Secretary wishes to add. available; administering open enrollment pe- mium paid (as in current law). Within 2 years after enactment, the Sec- riods; assisting changes required by birth, di- Subtitle B—Promoting Primary Care for retary shall convene a panel of independent vorce, marriage, adoption or other cir- Medicare Beneficiaries experts to ensure hospitals have state of the cumstances that may affect the plan a per- art quality control that is updated on an an- Section 411: Primary Care Services Man- son chooses; establishing a default enroll- nual basis. agement Payment: This section requires the ment process; establishing procedures for Secretary to create a primary care manage- Subtitle F—End-of-Life Care Improvements hospitals and other providers to report indi- ment fee for providers who are designated Section 451: Patient Empowerment and viduals not enrolled in a plan; ensuring en- the health home of a Medicare beneficiary Following a Patient’s Health Care Wishes: rollment of all individuals; developing stand- and who provide continuous medical care, in- Within 2 years after enactment, health care ardized language for plan terms and condi- cluding prevention and treatment, and refer- facilities receiving Medicare funds must pro- tions to be used; providing enrollees with a rals to specialists. This section is cross ref- vide each patient with a document designed comparative document of HAPI plans; and erenced in the chronic care disease manage- to promote patient autonomy by docu- assisting consumers in choosing a plan by ment section so that primary care physi- menting the patient’s treatment preferences publishing loss ratios, outcome data regard- cians providing chronic disease management and coordinating these preferences with phy- ing wellness programs, and disease detection may receive the primary care services man- sician orders. The document must transfer and chronic care management programs cat- agement fee for those services. The amount with the patient from one setting to another; egorized by health insurer. of the payment will be determined by the provide a summary of treatment preferences The HHA will determine and administer Secretary in consultation with MedPAC. in multiple scenarios by the patient or the subsidies to eligible individuals and collect Requirement for Designation as a Health patient’s guardian and a physician or other premium payments made by or on behalf of Home: The management fee shall be provided practitioner’s order for care; is easy to read individuals and send the payments to the if the beneficiary has designated the pro- in an emergency situation; reduces repet- plans. vider as a health home. A health home is a itive activities in complying with the Pa- HHAs shall empower individuals to make provider that a Medicare beneficiary has des- tient Self Determination Act; ensures that health care decisions by providing State-spe- ignated to monitor the health and health the use of the document is voluntary by the cific information concerning the right to care of the senior. patient or the patient’s guardian; is easily refuse treatment and laws relating to end-of- life care decisions; and by providing access Subtitle C—Chronic Care Disease accessible in the patient’s medical chart and to State forms. Management does not supplant State health care proxy, living wills or other end-of-life care forms. Each HHA will establish plan coverage Section 421: Chronic Care Disease Manage- Section 452: Permitting Hospice Bene- areas for the State. ment: This section requires Medicare to have ficiaries to Receive Curative Care: Changes States that share one or more metropoli- a chronic disease management program the current Medicare requirement that to tan statistical areas may enter into agree- available to all Medicare beneficiaries no choose hospice an individual must give up ments to share responsibilities for adminis- later than January 1, 2008. The program curative care. Instead, an individual may tration. must cover the 5 most prevalent diseases. continue curative care while receiving hos- States will have to work with the Sec- Physicians who are not primary care pro- pice. retary of HHS to ensure transition from viders, but do provide chronic disease man- Section 453: Providing Beneficiaries with Medicaid and SCHIP is orderly and that indi- agement may receive an additional payment Information Regarding End-of-Life Care viduals receiving other benefits from Med- for providing chronic disease management. Clearinghouse: When signing up for Medi- icaid continue to do so. The fee will be determined by the Secretary care, the Secretary shall refer people to the Section 503: Appropriations for Transition in consultation with MedPAC. clearinghouse described in this Act. to State Health Help Agencies: States will The Secretary shall establish procedures Section 454: Clearinghouse: The Secretary receive federal funds to establish HHAs for for identifying and enrolling Medicare bene- shall establish a national toll-free informa- two full fiscal years. States may assess in- ficiaries who may benefit from participation tion clearinghouse that the public may ac- surers for administrative costs of running in the program. cess to find out State-specific information their HHAs. Section 422: Chronic Care Education Cen- regarding advance directives and end-of-life TITLE VI—SHARED RESPONSIBILITIES ters: This section creates Chronic Care Edu- care decisions. If such a clearinghouse exists Subtitle A—Individual Responsibilities cation Centers to serve as clearinghouses for and is administered by a not-for-profit orga- information on health care providers who nization the Secretary must support that Section 601: Individual Responsibility to have expertise in the management of chronic clearinghouse instead of creating a new one. Ensure HAPI Plan Coverage: Individuals disease. must enroll themselves and their children in SUBTITLE G—ADDITIONAL PROVISIONS Subtitle D—Part D Improvements Chapter 1 a plan during open enrollment periods; sub- Section 461: Additional Cost Information: Section 431: Negotiating Fair Prices for mit documentation to the HHA to determine The Secretary of HHS shall require Medicare premium and personal responsibility con- Medicare Prescription Drugs (based on Advantage Organizations to aggregate Snowe-Wyden MEND bill): This section pro- tribution subsidies; pay the required pre- claims information into episodes of care and mium and personal responsibility contribu- vides the Secretary with authority to nego- to provide the information to the Secretary tiate prices with manufacturers of prescrip- tions; and inform the HHA of any changes so costs for specific hospitals and physicians that affect family status or residence. tion drugs. The Secretary must negotiate for may be measured and compared. The Sec- Subtitle B—Employer Responsibilities fall back plans and if a plan requests assist- retary shall make the information public on ance. However, the authority to negotiate is an annual basis. Section 611: Health Care Responsibility not limited to these two scenarios. Specifies Section 462: Reducing Medicare Paperwork Payments: Reorders and changes the IRS no uniform formulary or price setting is per- and Regulatory Burdens: Not later than 18 code. mitted. Savings are to go towards filling the months after the date of enactment, the Sec- Subchapter A: Employer Shared coverage gap or deficit reduction. retary shall provide to Congress a plan for Responsibility Payments Section 432: Process for Individuals Enter- reducing regulations and paperwork in the Section 3411: Payment Requirement: Em- ing the Medicare Coverage Gap to Switch to Medicare program. The plan shall focus ini- ployer Shared Responsibility Payments: a Plan that Provides Coverage in the Gap tially on regulations that do not directly en- Every Employer must make an employer (based on Snowe-Wyden Lifeline Act to per- hance the quality of patient care provided shared responsibility payment (ESR) for mit people to change plans if they hit the under Medicare. each calendar year in the amount equal to donut hole): Permits individuals to change TITLE V: STATE HEALTH HELP AGENCIES the number of full time equivalent employ- plans if they hit the coverage gap. In addi- Section 501: Establishment: Each state will ees employed by the employer during the tion, the section requires the Secretary to establish a Health Help Agency to admin- previous year multiplied by a percentage of notify individuals they are getting close to ister HAPI plans. States must establish an the average HAPI plan premium amount. the coverage gap and what their options are. HHA in order to get transition payments to The percentage used is determined by size This provision would sunset 5 years after en- develop them. and revenue per employee. actment. Section 502: Responsibilities and Authori- Once in effect, the percentages employers Subtitle E—Improving Quality in Hospitals ties: Health Help Agencies shall promote pre- would pay are: for All Patients vention and wellness through education; dis- Large employers: Section 441: Improving Quality in Hos- tribution of information about wellness pro- 0–20th percentile 17% pitals for All Patients: Within 2 years after grams; making available to the public the 21st–40th percentile 19% enactment, hospitals must demonstrate to number of individuals in each plan that have 41st–60th percentile 21% accrediting bodies improvements in quality chosen a health home; and promoting the use 61st–80th percentile 23% control that include: rapid response teams; and understanding of health information 81st–99th percentile 25% heart attack treatments; procedures that re- technology. Small employers: duce medication errors; infection prevention; Enrollment Oversight: Each HHA shall 0–20th percentile 2% procedures that reduce the incidence of ven- oversee enrollment in plans by: providing 21st–40th percentile 4%

VerDate Mar 15 2010 22:11 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18JA7.REC S18JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S762 CONGRESSIONAL RECORD — SENATE January 18, 2007 41st–60th percentile 6% and a care plan are available to the indi- the Secretary shall establish a fallback plan 61st–80th percentile 8% vidual; ensure enrollees have the oppor- so individuals can still receive a HAPI plan. 81st–99th percentile 10% tunity to designate a health home and make Subtitle F—Federal Financing At the beginning of each calendar year, the public how many enrollees have designated a Responsibilities Secretary in consultation with the Secretary health home; create a medical record if the Section 561: Appropriation for Subsidy of Labor shall publish a table based on a patient wants one; comply with loss ratios Payments: Appropriations will be made each sampling of employers to be used in deter- established; use common claims form and year to fund the insurance premium sub- mining the national percentile for revenue billing practices; make administrative pay- sides. per employee amounts. ments the State requires for the operation of Transition Rates: Employers who offered its HHA; provide discounts and incentives for Section 652: Recapture of Medicare and 90 health insurance prior to enactment will the parent if the child participates in a Percent of Medicaid Federal DSH Funds to contribute ‘‘make good’’ payments to their wellness program; report outcome data on Strengthen Medicare and Ensure Continued employees. The payments will be equal to wellness programs, disease detection and Support for Public Health Programs: All of the cash value of the health insurance pro- chronic care management, and loss ratio in- Medicare DSH stops and remains in the Part vided and the amount will be added to the formation; send large hospital bills to pa- A Trust Fund. employee’s wages. These employers will not tients with a contact name so the patient Medicaid DSH continues at 10 percent of be required to make any other payments in can contact a person to discuss questions or current levels. The amount not spent is put the first two years. complaints; and provide HHA with informa- into a new trust fund, the ‘‘Healthy Ameri- If an employer did not provide health in- tion concerning the plans offered. cans Public Health Trust Fund.’’ surance to employees prior to this legisla- Insurers must use standardized common Section 9511: Healthy Americans Public tion, the employer shared responsibility pay- claim forms prescribed by the State HHA Health Trust Fund: The Treasury shall es- ment for the first year will be equal to one- chronic care programs offered must help pro- tablish a trust fund in which the funds that third of the amount otherwise required and vide early identification and management. would have been spent on Medicaid DSH will the payment for the second year will be two Each program will use a uniform set of clin- now go. This trust fund will be used only for thirds of the amount required. ical performance standards. premium and personal responsibility pay- Employer Shared Responsibility Credit: Insurers must report performance and out- ment subsidies and to States for a bonus The Secretary may provide a credit to pri- comes of chronic care management programs payment if they adopt certain medical mal- vate employers who provided health insur- and loss ratios. Loss ratios will be defined by practice reforms. Any additional amounts ance benefits greater than the 80th per- the Secretary in consultation with NAIC, will go toward reducing the federal budget centile of the national average in the 2 years consumers, and insurers. deficit. prior to enactment, can demonstrate the Defines administrative expenses as includ- Subtitle G—Tax Treatment of Health Care benefits provided encouraged prevention and ing all taxes, reinsurance premiums, medical Coverage Under Healthy Americans Pro- wellness activities and continue to provide and dental consultants used in the adjudica- gram; Termination of Coverage Under wellness programs. tion process, concurrent or managed care re- Other Governmental Programs and Transi- Section 3412: Instrumentalities of the view when not billed by a health provider tion Rules for Medicaid and SCHIP United States: State and local governments and other forms of utilization review, the Part 1: Tax Treatment of Health Care Cov- must make employer shared responsibility cost of maintaining eligibility files, legal ex- erage Under Healthy Americans Program payments. penses incurred in the litigation of benefit Section 661: Limited Employee Income and Subchapter B: Individual Shared payments and bank charges for letters of Payroll Tax Exclusion for Employer Shared Responsibility Payments credit. Responsibility Payments, Historic Retiree The cost of personnel, equipment and fa- Health Contributions, and Transitional Cov- Section 3421: Amount of Payment: Every cilities directly used in the delivery of erage Contributions: The following payments individual shall pay an amount equal to the health care services, payments to HHAs and made by employers are not taxable as in- premium amount they owe. the cost of overseeing chronic disease man- come to their employees: (1) shared responsi- Section 3422: Deduction of Individual agement programs and wellness programs bility payments by employers; (2) payments Shared Responsibility Payment from Wages: are not included in the definition of adminis- for coverage of retirees under existing re- Employers may deduct the amount of the trative costs. payment for premiums from their employ- tiree health plans; (3) payments for con- Subtitle D—State Responsibilities ees’ wages. tinuing employer-provided health plans Section 631: State Responsibilities: States Subchapter C: General Provisions under existing collective bargaining agree- must: designate or create a Health Help ments; and (4) payments for employer-pro- Section 3431: Definitions and Special Rules: Agency; ensure HAPI plans are sold through vided coverage for long-term care. Provides definitions. the HHA and comply with requirements Section 662: Exclusion for Limited Em- The average HAPI plan premium used to (there must be at least two HAPI plans of- ployer-Provided Health Care Fringe Benefits: compute employer responsibility payments fered); develop mechanisms for enrollment The value of employer-provided wellness pro- will be a simple average of all four premium and the collection of premiums; ensure en- grams and on-site first aid coverage for em- classes (individuals, married, head of house- rollment and develop methods to check on ployees is not taxable as income to the em- hold and family) enrollment status; implement mechanisms ployees. All individuals who perform work for an to enforce the individual responsibility to Section 663: Limited Employer Deduction employer for more than three months in the purchase coverage (but this may not include for Employer Shared Responsibility Pay- previous calendar year and who meet the def- revocation of insurance); and implement a ments, Retiree Health Contributions and inition of common law employee, either full way to automatically enroll individuals who other Health Care Expenses: Limits the cur- or part time, will be counted toward the em- are not covered and seek care in emergency rent employer deduction for the costs of em- ployer’s total employees when determining departments. ployee health care coverage to the following: the employer shared responsibility pay- States will continue to apply State law on (1) shared responsibility payments made by ments. consumer protections and licensure. employers; (2) coverage of retirees under ex- Section 3431: Definitions and Special Rules: States must continue a maintenance of ef- isting retiree health plans; (3) continuing Provides definitions fort so they are required to contribute 100 employer-provided health plans under exist- Section 3432: Labor Contracts: In general percent of what they spent on health serv- ing collective bargaining agreements; (4) em- these provisions do not apply to collective ices prior to enactment. ployer-provided wellness programs; and (5) bargaining agreements until the earlier of 7 Section 632: Empowering States to Inno- on-site first aid coverage for employees. years after the date of enactment or the date vate through Waivers: A State may be grant- Section 664: Health Care Standard Deduc- the collective bargaining agreement expires. ed a waiver if the legislature enacts legisla- tion: Creates a new Health Care Standard Section 612: Distribution of Individual Re- tion or the State approves through ballot Deduction. Taxpayers can claim this deduc- sponsibility Payments to HHAs: The Treas- initiative a plan to provide heath care cov- tion and reduce the amount they pay in ury will provide to each HHA an amount erage that is at least as comprehensive as re- taxes whether they file an itemized tax re- equal to the amount of individual shared re- quired under a HAPI plan. If the State sub- turn or take the standard deduction. The sponsibility payments made through the tax mits a waiver to the Secretary, the Sec- amount of the deduction a taxpayer can code by each eligible individual. retary must respond no later than 180 days claim depends on the class of health care Subtitle C—Insurer Responsibilities and if the Secretary refuses to grant a waiv- coverage the taxpayer has. The deduction is Section 621: Insurer Responsibilities: To er, the Secretary must notify the State and indexed to the consumer price index with the offer a HAPI plan through an HHA, insurers Congress about why the waiver was not deduction amounts initially set as follows: will be required to: implement and empha- granted. Individual coverage—$6,025 size prevention, early detection and chronic Subtitle E—Federal Fallback Guarantee Married couple or domestic partnership disease management; ensure wellness pro- Responsibility coverage—$12,050 grams are available; demonstrate how pro- Section 641: Federal Guarantee of Access Unmarried individual with dependent chil- vider reimbursement methodology achieves to Coverage: If a State does not establish an dren—$8, 610 plus $2,000 for each dependent quality and cost efficiency; ensure a physical HHA and have a system up within two years, child

VerDate Mar 15 2010 22:11 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18JA7.REC S18JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 18, 2007 CONGRESSIONAL RECORD — SENATE S763 Married couple or domestic partnership (as Section 712: Bonus Payment for Medical are $10,400 per year, which pays for coverage determined by a State) with dependent chil- Malpractice Reform: If a State adopts cer- of only 6 employees. Under the Healthy dren—$15,210 plus $2,000 for each dependent tain reforms the State may get additional Americans Act, Daisy Hills would pay a total child funds. Those reforms are: (1) require an indi- of $6,208 per year in Employer Shared Re- The deduction can be claimed by individ- vidual who files a malpractice action in sponsibility payments. This amount rep- uals and families with incomes greater than state court have the facts of their case re- resents 4 percent of the national average es- the poverty line. Both the health care and viewed by a panel with not less than one sential benefit premium multiplied by 20 the healthy child deduction are phased in qualified medical expert chosen in consulta- full-time equivalent employees. starting from 100–400 percent of poverty. The tion with the State Medicare quality im- SMALL RESTAURANT deduction begins phasing out starting at provement organization or physician spe- Doug’s Diner has 3 full-time and 9 part- $62,500 ($125,000 in the case of a joint return) cialty whose expertise is appropriate for the time employees who work an average of 30 and is fully phased out at $125,000 ($250,000 in case; not less than one legal expert and not hours per week. Doug cannot currently af- the case of a joint return). The deduction less than one community representative to ford to offer health care to his employees. He will be adjusted for inflation verify that a malpractice claim exists; (2) often loses his best staff to chain restaurants Section 665: Modification of Other Tax In- permit an individual to engage in voluntary that offer health insurance and is unable to centives to Complement Healthy Americans non-binding mediation with respect to the afford insurance for himself and his family Program: Sunsets the following tax breaks malpractice claim prior to filing an action in on the individual market. This small family for health care: tax credit for health insur- court; (3) impose sanctions against plaintiffs business falls into the lowest rate tier under ance costs of individuals; coverage of health and attorneys who file frivolous medical revenue by employee, paying a 2 percent care benefits under ‘‘cafeteria plans’’; and malpractice claims in courts; (4) prohibit at- rate. Under the Healthy Americans Act Doug Archer Medical Savings Accounts. This sec- torneys who file three or more medical mal- will pay $1,513 per year and he, his family, tion also allows Health Savings Accounts in practice actions in state courts from filing and all of his employees will have access to conjunction with high deductible Healthy others in state courts for a period of 10 years; affordable health insurance. Americans Private Insurance plans and long- and provides for the application of presump- MID-SIZE FINANCIAL INSTITUTION term care benefits to be provided tax-free to tion of reasonableness if the defendant estab- Happy Valley Bank has 1,600 full-time em- workers through cafeteria plans. lishes that he or she followed accepted clin- Section 666: Termination of Certain Em- ployees and 400 part-time employees who ical practice guidelines established by the ployer Incentives When Replaced by Lower work an average of 25 hours per week. All specialty or listed in the National Guideline Health Care Costs: Beginning 2 years after employees who work over 20 hours per week clearinghouse. are offered and take advantage of health enactment, terminates tax provisions relat- The bonus payments must be used to carry ing to income attributable to domestic pro- care. The firm pays 80 percent of the pre- out activities related to disease and illness miums for individuals and families. Under duction activities, relating to tax-exempt prevention and for children’s health care status of voluntary employees’ beneficiary the current system, Happy Valley’s total services. associations, and relating to inventory prop- health care expenditures are $10,200,000 per erty sales source rule exception, and the de- TITLE VIII: CONTAINING MEDICAL COSTS year. Under the Healthy Americans Act, ferral of active income of controlled foreign Section 801: Cost-Containment Results of they will pay a total of $3,589,463 per year. corporations. the Healthy Americans Act: Summarizes This amount represents 25 percent of the na- Part II: Termination of Group Coverage what in the bill contains costs. tional average essential benefit premium per under other Governmental Programs and employee. Transition Rules for Medicaid and SCHIP THE HEALTHY AMERICANS ACT—AFFORDABLE HEALTH MID-SIZED MANUFACTURING FIRM Sections 671–673: eliminates group cov- CARE FOR EVERY AMERICAN Allied Industrial has 1,000 full time em- erage, FEHBP, Medicaid (except for its wrap ployees. The firm pays 100 percent of indi- around and long term care functions) and Worker Profiles Current Health System Wyden Plan vidual premiums and 80 percent of family SCHIP. Fabulous Clean, janitor, Pays $2,000 in pre- Pays $1,200 in sub- premiums for all employees. Currently Al- TITLE VII: OTHER PROVISIONS has $25,000/year in- miums; Tax savings: sidized premiums; lied pays $6,100,000 per year in health care Subtitle A—Effective Health Services and come; married with 2 $500 (not taxed on Salary increase: premiums and has been seeing 10 percent in- children; family in- employer’s $5,000 $5,000; Additional Products sured through em- contribution). taxes after the new creases year over year for several years de- Section 701: One Time Disallowance of De- ployer. Net cost:$1,500 ...... health care tax de- spite the use of a number of cost-control duction: $150 measures. Allied falls into the middle range duction for Advertising and Promotional Ex- Net savings:$3,650 penses for Certain Prescription Pharma- Sally Forth, secretary, Pays $2,500 in pre- Pays $3,600 in sub- of companies in revenue per employee, pay- ceuticals: If a drug is new and on the mar- has $40,000/year in- miums; Tax savings: sidized premiums; ing the 21 percent rate. Under the Healthy come; married with 2 $1,500 (not taxed Salary increase: Americans Act, Allied will pay $1,629,890. ket, there is no tax deduction for advertising children; family in- on employer’s $10,000; Additional unless it is being studied for comparison ef- sured through em- $10,000 contribu- taxes after the new LARGE SPECIALTY RETAILER fectiveness. If the drug is already on the ployer. tion). health care tax de- Acme Game Emporiums is a national spe- Net cost:$1,000 ...... duction: $60 market it must inform consumers that a ge- Net savings:$6,340 cialty retailer with 2,000 full time and 7,000 neric will be on the market if the drug is Bess Driver, school bus Pays $1,000 in pre- Pays $8,200 in pre- part time employees who work an average of coming off patent. driver, has $55,000/ miums; Tax savings: miums; Salary in- 22 hours per week. All full time and 4,500 of Section 702: Enhanced New Drug and De- year income; mar- $1,575 (not taxed crease: $10,500; Tax ried; couple insured on employer’s savings after the the part time employees are eligible for and vice Approval: Drugs and devices get addi- through employer. $10,500 contribu- new health care tax take advantage of Acme’s health plan. The tional exclusivity or additional patent pro- tion). deduction: $230 firm pays 95 percent of employees’ premiums tection if they submit comparison effective- Net savings:$575 ...... Net savings:$2,530 Ann Bankroll, invest- Pays $2,500 in pre- Pays $10,600 in pre- and 60 percent of family premiums. Their ness as part of their application to the Food ment banker, has miums; Tax savings: miums; Salary in- current total health care costs are $52,000,000 and Drug Administration. $200,000/year in- $3,300 (not taxed crease: $10,000; Ad- per year. As a retailer with relatively low Section 703: Medical Schools and Finding come; married; 2 on employer’s ditional taxes after revenue per employee, Acme pays the 19 per- children; family in- $10,000 contribu- the new health care What Works in Health Care: Medical schools sured through em- tion). tax deduction: cent rate. Under the Healthy Americans Act, and other researchers may post on a website ployer. Net savings:$800 ...... $1,271 Acme will pay $8,626,351. run by Agency Healthcare Research and Net cost:$1,871 Shirley Needing, wait- None ...... Pays $600 in sub- Quality (AHRQ) evidence-informed best prac- ress, has $15,000/ sidized premiums; By Mr. DORGAN (for himself, tices. AHRQ will run a pilot program to find year income; single; Tax savings after Mrs. MURRAY, Ms. MIKULSKI, no health coverage. new health care tax ways to get that information into the cur- Mr. AKAKA, Mr. LEAHY, Mr. ricula of medical schools. deduction:: $100 Net cost:$500 ($42/ LEVIN, Mr. KENNEDY, Ms. CANT- Section 704: Finding Affordable Health month) Care Providers Nearby: Creates a website so Harold Heart, salesman, None available because Pays $600 in sub- WELL, Mr. ROCKEFELLER, Mr. individuals can find affordable high quality has $25,000/year in- of preexisting condi- sidized premiums; KERRY, Mr. INOUYE, Mr. CARDIN, come; married with 2 tion. Tax savings*: $150 providers by zip code. The website can begin children; no health Net cost:$450 ($38/ Mrs. BOXER, Mr. LIEBERMAN, with the providers who report under pay for coverage. month) Mr. MENENDEZ, Mrs. FEINSTEIN, performance efforts and then be broadened and Mr. LAUTENBERG): out to include all providers using uniform THE HEALTHY AMERICANS ACT: WORKING FOR S. 335. A bill to prohibit the Internal care standards developed in consultation EMPLOYERS Revenue Service from using private with Quality Improvement Organizations SMALL SERVICE EMPLOYER debt collection companies, and for (QIOs). Daisy Hills Day Care has 32 employees, 8 other purposes; to the Committee on The affordability standard would be devel- are full-time and the other 24 work an aver- oped by the Secretary in consultation with age of 20 hours per week. Only the 8 full-time Finance. insurers. employees are currently eligible for the Mr. DORGAN. Mr. President, today I Subtitle B—Other Provisions to Improve Daisy Hills health plan, and 6 take advan- am joined by Senator MURRAY and 15 of Health Care Services and Quality tage of it. The firm pays half of the premium our Senate colleagues in reintroducing Section 711: Individual Medical Records: for employees, nothing for family coverage. legislation to stop the Internal Rev- Individuals own their medical records. Daisy Hills’s total current health care costs enue Service from outsourcing part of

VerDate Mar 15 2010 22:11 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18JA7.REC S18JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S764 CONGRESSIONAL RECORD — SENATE January 18, 2007 its tax collection responsibilities to fidential taxpayer information at risk By Mr. DURBIN (for himself, Mr. private collection companies. of public disclosure and misuse. Just VOINOVICH, Mr. LEVIN, Mr. Last fall, the Internal Revenue Serv- over two years ago, a Treasury Inspec- OBAMA, Mr. BAYH, Mr. KOHL, ice, IRS, ignored objections raised by tor General for Tax Administration, Ms. STABENOW, and Mr. LUGAR): many Federal policymakers and tax TIGTA, investigation found that a con- S. 336. A bill to require the Secretary experts, including the IRS’s own Na- tractor’s employees committed secu- of the Army to operate and maintain tional Taxpayer Advocate, and moved rity violations, placing IRS equipment as a system the Chicago Sanitary and ahead with its controversial plan to and taxpayer data at risk. In some Ship Canal dispersal barriers, and for hire private companies to collect Fed- cases, TIGTA officials found that con- other purposes; to the Committee on eral tax debts. When the IRS at- tractors ‘‘blatantly circumvented IRS Environment and Public Works. tempted a similar plan in 1996, it failed policies and procedures even when se- Mr. DURBIN. Mr. President, I ask miserably. The 1996 initiative lost curity personnel had identified inap- unanimous consent that the text of the money. Taxpayers were harassed by propriate practices.’’ bill be printed in the RECORD. private debt collectors. In many in- There being no objection, the text of As I’ve mentioned, the IRS has stances, private debt collectors vio- the bill was ordered to be printed in agreed to pay three private collection lated Federal debt collection laws and the RECORD, as follows: firms at the outset of its initiative confidential taxpayer information was nearly a quarter for every dollar their S. 336 not properly secured. employees collect on what the IRS has Be it enacted by the Senate and House of Rep- Today, the IRS is planning to share resentatives of the United States of America in more than 2.5 million taxpayer ac- described as relatively easy cases. The Congress assembled, counts with up to 12 private collection IRS’s use of very large commissions to SECTION 1. SHORT TITLE. companies when its new private debt pay private firms for their work on This Act may be cited as the ‘‘Barrier collection plan is fully implemented— such cases is not only fiscally unsound Project Consolidation and Construction Act even though there is compelling evi- and a shameful example of government of 2007’’. dence that this new initiative will suf- waste, it also increases the potential SEC. 2. CONSOLIDATION OF BARRIER PROJECTS. (a) IN GENERAL.—The Chicago Sanitary and fer from many of the same maladies ex- for overzealous collection practices and the misuse of sensitive taxpayer return Ship Canal Dispersal Barrier Project (re- perienced by the IRS and taxpayers in ferred to in this Act as ‘‘Barrier I’’) (as in ex- the ill-fated 1996 plan. information. Private debt collection istence on the date of enactment of this IRS Commissioner Everson readily agencies are driven by profit motives, Act), constructed as a demonstration project admits that if the IRS hired and used not public service. under section 1202(i)(3) of the Nonindigenous trained IRS employees for this purpose, Let me emphasize, once again, one Aquatic Nuisance Prevention and Control not private collectors, far more reve- very important point. Everybody needs Act of 1990 (16 U.S.C. 4722(i)(3)), and the nues would be deposited in the U.S. to pay the taxes they owe. If they do project relating to the Chicago Sanitary and Ship Canal Dispersal Barrier, as authorized Treasury fund. Yet the IRS is ready to not, however, professional IRS employ- by section 345 of the District of Columbia hand out very large commissions rang- ees, not private collectors in search of Appropriations Act, 2005 (Public Law 108–335; ing from 21 to 24 percent to private profits, should be the ones to ensure 118 Stat. 1352) (referred to in this Act as firms for every dollar they collect, that outstanding tax debts are paid. If ‘‘Barrier II’’), shall be considered to con- when internal IRS reports suggest that the IRS now says it needs more re- stitute a single project. it would cost the Federal Government sources for tax enforcement and collec- (b) ACTIVITIES RELATING TO BARRIER I AND just 3 pennies on a dollar to have tion activities, then Congress should BARRIER II.— (1) DUTIES OF SECRETARY OF THE ARMY.— trained IRS employees collect tax consider providing them. The Secretary of the Army (referred to in debts that are owed. I fully agree with the recommenda- this Act as the ‘‘Secretary’’) shall, at full Stated another way, the IRS antici- tions by the independent Taxpayer Ad- Federal expense— pates spending well over $300 million in vocacy Panel last summer—and re- (A) upgrade and make permanent Barrier I; commission payments to private firms cently echoed by National Taxpayer (B) construct Barrier II, notwithstanding to collect an estimated $1.4 billion in Advocate Nina Olson in the Taxpayer the project cooperation agreement with the tax debt over 10 years, when internal Advocate’s 2006 Annual Report to Con- State of Illinois dated June 14, 2005; IRS reports suggest that spending $296 (C) operate and maintain Barrier I and gress—that the IRS should terminate Barrier II as a system to optimize effective- million to hire new IRS collectors its outsourcing of taxpayer debt collec- could raise some $9.5 billion annually. ness; tion and restrict collection activities (D) conduct, in consultation with appro- At a time of exploding deficits and to properly trained and proficient IRS priate Federal, State, local, and nongovern- Federal debt, the IRS’s use of private employees. Indeed, the IRS should im- mental entities, a study of a full range of op- debt collectors is an inexcusable waste mediately reverse course and indefi- tions and technologies for reducing impacts of taxpayer money. nitely suspend the implementation of of hazards that may reduce the efficacy of In fact, the Government Account- its private debt collection activities. the Barriers; and ability Office, GAO, released a report (E) provide to each State a credit in an last September revealing that the cost The House of Representatives voted amount equal to the amount of funds con- of implementing the IRS’s initial last year to eliminate funding for this tributed by the State toward Barrier II. phases of its tax debt collection initia- IRS initiative in its version of the (2) APPLICATION OF CREDIT.—A State may Treasury Department spending bill, apply a credit received under paragraph tive alone, excluding any commission (1)(E) to any cost-sharing responsibility for payments, may actually exceed all of which was never approved by the full Congress. I will be working with Sen- an existing or future Federal project with the tax revenues collected by these pri- the Corps of Engineers in the State. ator MURRAY and many of our col- vate collectors by millions of dollars. (c) FEASIBILITY STUDY.—The Secretary, in The IRS plan is riddled with hidden leagues early in this new Congress to consultation with appropriate Federal, costs. For example, the three compa- get similar language passed by the full State, local, and nongovernmental entities, nies hired by the IRS in the initial Senate at the first available oppor- shall conduct a feasibility study, at full Fed- phase of its private collection plan tunity. eral expense, of the range of options and technologies available to prevent the spread have some 75 employees working on The IRS should act on its own to stop its use of private debt collectors and of aquatic nuisance species between the what the IRS has described as rel- Great Lakes and Mississippi River Basins atively easy collection cases. However, save any further expenditures of tax- through the Chicago Sanitary and Ship at least 65 IRS employees have been payer money for this purpose. If it will Canal and other aquatic pathways. tasked to monitor the work of these not, however, I will do everything in (d) CONFORMING AMENDMENT.—Section 345 collectors. So from a revenue collec- my power to put the brakes on this ini- of the District of Columbia Appropriations tion and efficiency standpoint, it tiative in the U.S. Senate. That’s why Act, 2005 (Public Law 108–335; 118 Stat. 1352) I urge my colleagues to cosponsor this is amended to read as follows: doesn’t take a calculator to figure out ‘‘SEC. 345. There are authorized to be ap- that IRS private collection plan is not legislation and help us, as the Tax- propriated such sums as are necessary to worth the paper it’s printed on. payer Advocate has suggested, termi- carry out the Barrier II project of the project Using private debt collectors is also nate the IRS’s privatization collection for the Chicago Sanitary and Ship Canal Dis- very troubling because it puts con- initiative ‘‘once and for all.’’ persal Barrier, Illinois, initiated pursuant to

VerDate Mar 15 2010 22:11 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18JA7.REC S18JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 18, 2007 CONGRESSIONAL RECORD — SENATE S765 section 1135 of the Water Resources Develop- vide. LTAC hospitals like those in my care. We all agree that there should be ment Act of 1986 (33 U.S.C. 2309a).’’. state that admit only very sick pa- a place for patients who truly need tients will not be significantly af- long-term hospital stays. In that sense, By Mr. CONRAD (for himself, Mr. fected. But, by eliminating abuses by LTAC hospitals serve an important HATCH, Mr. WYDEN, Mr. VITTER, those facilities that have been receiv- role. Today, Medicare spending on Mr. DORGAN, and Mrs. LINCOLN): ing generous payments for patients LTAC hospitals is little more than one S. 338. A bill to amend title XVIII of who do not require this sort of special- percent of total Medicare spending. the Social Security Act to ensure and ized care, this provision of the bill Let me conclude by saying that this foster continued patient quality of care would significantly reduce Medicare bill is just one component of a larger by establishing facility and patient cri- spending on LTAC hospitals. debate that we need to have about teria for long-term care hospitals and It was not easy for the LTAC hos- Medicare post-acute care. LTAC hos- related improvements under the Medi- pitals in North Dakota and across the pitals are one component. Nursing care program; to the Committee on Fi- country to support legislation that re- homes and rehabilitation clinics are nance. stricts their payments, but I com- other components. All long-term care Mr. CONRAD. Mr. President, today I pliment them for working with me to providers need to do a better job in am introducing legislation that would put forward a constructive public pol- convincing the Congress and Federal take steps to protect access to long- icy proposal. In particular, I want to regulators why our health care system term care hospitals while ensuring that recognize Custer Huseby, Chief Execu- needs four different types of post-acute these institutions are admitting the tive Officer of SCCI Hospital in Fargo. facilities. appropriate type of patients. I am He understands that the status quo is I urge my colleagues to cosponsor the pleased to be introducing the bill along no longer defensible and has fought to Conrad-Hatch legislation—it is a good with my colleague, Senator HATCH, and put forward a workable solution that bill and it addresses an important as- I urge my colleagues to consider co- maintains access to these vital facili- pect of the long-term health care de- sponsoring this cost-saving proposal. ties, where they are appropriate. I also bate. As baby boomers continue to re- tire, long-term care will become more Long Term Acute Care hospitals, or want to thank Chip Thomas and Karen and more important to all Americans. LTAC hospitals, serve a vital role in Haskins of the North Dakota the Medicare program by providing Mr. LEAHY. Mr. President, today I Healthcare Association, who have join, again, with a bipartisan group of care to beneficiaries with clinically partnered with Mr. Huseby to support complex conditions that need hospital Senators to introduce a bill to reform this legislation. our immigration laws concerning for- care for extended periods of time. Long-term care hospitals serve a eign agricultural workers. America’s These are patients who are too sick to vital role in our health care system, farmers are calling for a greater num- go home or even to a skilled nursing fa- and we must protect access to these fa- ber of legal foreign workers, and an im- cility, but are stable enough to be re- cilities for those who truly need it. proved system for obtaining those leased from an intensive care unit. I But, we can also take responsible steps am happy to have two of these hos- workers. We need to likewise ensure to ensure that our federal tax dollars meaningful benefits and protections to pitals in North Dakota, one in Fargo are well spent and directed to the most and one in Mandan. Together, these the workers who will fill these jobs. appropriate level of care. I believe my I am especially pleased that meas- two hospitals employ several hundred legislation achieves this balance and people and provide care to thousands of ures are included to help dairy farmers, urge my colleagues to support this who in my home State of Vermont are North Dakotans. They are a vital part measure. of the North Dakota continuum of an integral part of our economy, our Mr. HATCH. Mr. President, I am history, and our culture. Indeed, it is care. happy to join my colleagues, Senators While these hospitals provide impor- difficult to think of the Green Moun- CONRAD, WYDEN, VITTER, DORGAN and tain State without conjuring up the tant health services to very frail indi- LINCOLN in introducing legislation to image of verdant rolling hills dotted viduals, the Centers for Medicare and create standards for long-term, acute- with Holstein cows. The provisions in Medicaid Services (CMS) has become care (LTAC) hospitals. My home State this bill make the H–2A program more concerned with the growth in these fa- of Utah has LTAC hospitals located in workable for dairy farmers by length- cilities. In 2006, there were 400 LTAC Salt Lake City, West Valley City and ening the time period a foreign worker hospitals, compared to 100 in 1996. In Bountiful. may remain in the country, providing a addition, the agency has also expressed Let me explain what LTAC hospitals process by which an employer can ex- concern that some LTAC hospitals are are to my colleagues, and discuss the tend the stay of a worker, and by en- admitting patients that may be better need for this legislation. A general hos- suring that workers may ultimately served by nursing homes or another pital stay in the United States is about apply for an adjustment to permanent level of care. As a result, CMS has 6 days. In contrast, the average patient legal resident status. begun to arbitrarily cut LTAC hospital stay in an LTAC hospital is 25 days. The bill we introduce today goes a payments across-the-board. LTAC hospitals represent one of four long way toward reforming our H–2A As Chairman of the Budget Com- post-acute care facilities. Of the four visa program. Along with measures to mittee, I have a unique appreciation types of post-acute care, LTAC hos- help streamline procedures for labor for the enormous fiscal challenges that pitals are the most expensive. And, the certification by employers, the bill will face our country and respect CMS’s ef- number of LTAC hospitals has grown make it easier for employers to meet forts to reduce growth in Medicare. rapidly from 100 to 400 over a 10-year their responsibilities to ensure that However, any cuts in spending should period. These dynamics have led the available agricultural jobs are offered be targeted at waste and abuse. We Centers for Medicare & Medicaid Serv- first to domestic workers. The bill also should address the growth in LTAC ices (CMS) to push for having certain makes the process easier for an em- hospitals, but we also want to ensure LTAC patients treated in less costly fa- ployer to apply for an extension to a that there is a place for patients who cilities such as nursing homes or reha- worker’s stay, and makes it easier for truly need long-term hospital stays. bilitation clinics. a foreign worker to switch jobs during The legislation I’m introducing today Our legislation is premised on the be- their stay. is a first step in clarifying Congres- lief that only truly sick patients The bill includes greater protections sional intent and giving CMS clearer should go to LTAC hospitals. Less for workers, including the requirement definitions of what is and is not a medically-complex patients should be that employers meet the same motor LTAC hospital and what type of pa- seen at less intensive facilities. S. 338 vehicle safety standards for H–2A tient should be admitted to these fa- limits the type of patients who may be workers that are required for domestic cilities. At the heart of this bill is a treated in LTAC hospitals and, by workers. A limited Federal right of ac- provision that limits the types of pa- doing so, it will generate at least $1 bil- tion is provided for H–2A workers to tients who can be admitted to LTAC lion in savings over the next 5 years. enforce the economic benefits provided hospitals to those who truly need the LTAC hospitals have a role to play in under the H–2A program, or those pro- specialized care these facilities pro- the American continuum of health vided in writing by their employers.

VerDate Mar 15 2010 22:11 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18JA7.REC S18JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S766 CONGRESSIONAL RECORD — SENATE January 18, 2007 More flexibility is provided for workers migration reform bill last spring in the shadows and create a legal and enforce- and employers by permitting employ- 109th Congress. It is time to move this able means to provide labor for agri- ers to elect to provide a housing allow- bill forward. culture. That realization is what led to ance, instead of housing. These are but The agricultural industry is in crisis. the long and careful negotiations cre- a few of the positive reforms contained Farmers across the Nation report a ating AgJOBS. in the bill. twenty percent decline in labor. The AgJOBS bill is a two part bill. The bill also contains a procedure by The result is that there are simply Part one identifies and deals with which undocumented workers who have not enough farm workers to harvest those undocumented agricultural been working in agriculture can apply the crops. workers who have been working in the for a ‘‘blue card,’’ a system where The Nation’s agricultural industry United States for the past 2 years or through consistent employment, a fine, has suffered. If we do not enact a work- more. Part two creates a more usable proof of the payment of taxes, and able solution to the agricultural labor H–2A Program, to implement a real- proof of no serious criminal history, an crisis, we risk a national production istic and effective guest worker pro- undocumented worker can continue his loss of $5 billion to $9 billion each year, gram. or her contribution legally, and even- according to the American Farm Bu- The first step requires undocumented tually adjust his or her status. The reau. agricultural workers to apply for a ‘‘blue card’’ program encourages family California, in particular, will suffer. ‘‘blue card’’ if they can demonstrate unification by making special provi- California is the single largest agricul- that they have worked in American ag- sions for spouses and children of the tural State in the Nation. California riculture for at least 150 workdays over card holder. The program also has a agriculture accounts for $34 billion in the past 2 years. The blue card entitles numerical cap and the built-in safe- annual revenue. There are 76,500 farms the worker to a temporary legal resi- guard of a sunset provision. that produce half of the Nation’s fruits, dent status. The blue card itself is These reforms are a commonsense re- vegetables, and nuts from only 3 per- encrypted and machine readable; it is sponse that should help meet the needs cent of the Nation’s farmland. Cali- tamper and counterfeit resistant, and of our farmers without burdening them fornia farms produce approximately 350 contains biometric identifiers unique with an unduly, time-consuming proce- different crops: pears, walnuts, raisins, to the farm worker. dure for securing legal workers. The lettuce, onions, cotton, just to name a The second step requires that a blue bill represents an effort to meet both few. card holder work in American agri- the needs of agricultural employers Many of the farmers who grow these culture for an additional 5 years for at while respecting the rights and inter- crops have been in the business for gen- least 100 workdays a year, or 3 years at ests of agricultural workers, and is an erations. They farm the land that their 150 workdays a year. Blue card workers example of a bipartisan group of legis- parents and their grandparents farmed would have to pay a $500 fine. The lators listening and responding to the before them. workers can travel abroad and reenter interests of all parties affected. The sad consequence of the labor the United States and they may work I join with other Senators in recog- shortage is that many of these farmers in other, non-agricultural jobs, as long nizing the needs of our modern econ- are giving up their farms. Some are as they meet the agricultural work re- omy, and the needs of the American leaving the business entirely. Others quirements. farmer as well as the rights of the indi- are bulldozing their fruit trees—lit- The blue card worker’s spouse and viduals who make up the backbone of erally pulling out trees that have been minor children, who already live in the many farming operations. Working to- in the family for generations—because United States, may also apply for a gether we can ensure that no American they do not have the labor they need to temporary legal status and identifica- farmer is put in the position of having harvest their fruit. tion card, which would permit them to to choose between obeying the law and Once the trees are gone, they are re- work and travel. The total number of making a living, and that no willing placed by crops that do not require blue cards is capped at 1.5 million over worker is denied a chance to work. manual labor. And our pears, our ap- a five year period and the program sun- ples, our oranges will come from for- sets after 5 years. At the end of the re- By Mrs. FEINSTEIN (for herself, eign sources. The trend is quite clear. quired work period, the blue card work- Mr. CRAIG, Mr. KENNEDY, Mr. If there is not a means to grow and har- er may apply for a green card to be- MARTINEZ, Mrs. BOXER, Mr. vest our produce here, we will import come a legal permanent resident. VOINOVICH, Mr. LEAHY, Mr. produce from China, from Mexico, from There are also a number of safe- SPECTER, Mrs. CLINTON, Mr. other countries who have the labor guards. If a blue card worker does not MCCAIN, Mr. OBAMA, Mr. HAGEL, they need. apply for a green card, or does not ful- Mr. SCHUMER, Mr. DOMENICI, We will put American farmers out of fill the work requirements, that indi- Mr. KOHL, Mr. SALAZAR, and business. And there will be a ripple ef- vidual can be deported. Mrs. MURRAY): fect felt throughout the economy: in Likewise, a blue card holder who S. 340. A bill to improve agricultural farm equipment, inputs, packaging, commits a felony, three misdemeanors, job opportunities, benefits, and secu- processing, transportation, marketing, or any crime that involves bodily in- rity for aliens in the United States and lending and insurance. Jobs will be lost jury, the threat of serious bodily in- for other purposes; to the Committee and our economy will suffer. jury, or harm to property in excess of on the Judiciary. The reality is that Americans have $500, cannot get a green card and can Mrs. FEINSTEIN. Mr. President, come to rely on undocumented workers be deported. Senators CRAIG, KENNEDY, MARTINEZ, to harvest their crops for them. This program, for the first time, al- BOXER, VOINOVICH, and several others In California alone, we rely on ap- lows us to identify those hundreds of are once again introducing legislation proximately one million undocumented thousands of farm workers who now that will address the chronic labor workers to harvest the crops. The work in the shadows. It requires the shortage in our Nation’s agricultural United Farm Workers estimate that farm workers to come forward and to industry. This bill is a priority for me undocumented workers make up as be identified in exchange for the right and for the tens of thousands of farm- much as 90 percent of the farm labor to work and live legally in the United ers who are currently suffering—and I payroll. Americans simply will not do States. And it gives farmers the legal hope we will move it forward early in the work. It is hard, stooped labor, re- certainty they need to hire the workers this Congress. quiring long and unpredictable hours. they need. The program also modifies The Agricultural Job Opportunities, Farm workers must leave home and the H–2A guest worker program so that Benefits, and Security Act, or AgJOBS, travel from farm to farm to plant, it realistically responds to our agricul- is the product of more than ten years prune, and harvest crops according to tural needs. of work. It is a bipartisan bill sup- the season. We must come to terms Currently, the H–2A program is bu- ported by growers, farmers, and farm with the fact that we rely on an un- reaucratic, unresponsive, expensive, workers alike. It passed the Senate last documented migrant work force. We and prone to litigation. Farmers can- year as part of the comprehensive im- must bring those workers out of the not get the labor when they need it.

VerDate Mar 15 2010 22:11 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18JA7.REC S18JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 18, 2007 CONGRESSIONAL RECORD — SENATE S767 AgJOBS offers a much-needed reform vented from crossing the borders or are United States for temporary residence under of the outdated system. The labor cer- being deported, the result is our crops section 101(a). tification process, which often takes 60 go unharvested. We are faced today (3) DEPARTMENT.—The term ‘‘Department’’ means the Department of Homeland Secu- days or more, is replaced by an ‘‘attes- with a very practical dilemma and one rity. tation’’ process. The employer can file that is easy to solve. The legislation (4) EMPLOYER.—The term ‘‘employer’’ a fax-back application form agreeing to has been vetted over and over again. means any person or entity, including any abide by the requirements of the H–2A Senator CRAIG, I, and a multitude of farm labor contractor and any agricultural program. Approval should occur in 48 other Senators have sat down with the association, that employs workers in agri- to 72 hours. The interstate clearance growers, with the farm bureaus, with cultural employment. order to determine whether there are the chambers, with everybody who (5) SECRETARY.—Except as otherwise pro- U.S. workers who can qualify for the knows agriculture, and they have all vided, the term ‘‘Secretary’’ means the Sec- retary of Homeland Security. jobs is replaced by a requirement that signed off on the AgJOBS bill. This is (6) TEMPORARY.—A worker is employed on the employer file a job notification our opportunity to solve a real prob- a ‘‘temporary’’ basis when the employment with the local office of the State Em- lem. is intended not to exceed 10 months. ployment Security Agency. Adver- I ask my colleagues to join this bi- (7) WORK DAY.—The term ‘‘work day’’ tising and positive recruitment must partisan coalition and support this leg- means any day in which the individual is em- take place in the local labor market islation. I also ask unanimous consent ployed 5.75 or more hours in agricultural em- area. that the text of this bill be printed in ployment. TITLE I—PILOT PROGRAM FOR EARNED Agricultural associations can con- the RECORD. tinue to file applications on behalf of STATUS ADJUSTMENT OF AGRICUL- There being no objection, the text of TURAL WORKERS members. The statutory prohibition the bill was ordered to be printed in Subtitle A—Blue Card Status against ‘‘adversely affecting’’ U.S. the RECORD, as follows: SEC. 101. REQUIREMENTS FOR BLUE CARD STA- workers is eliminated. The Adverse Ef- S. 340 TUS. fect Wage Rate is instead frozen for 3 Be it enacted by the Senate and House of Rep- (a) REQUIREMENT TO GRANT BLUE CARD years, and thereafter indexed by a resentatives of the United States of America in STATUS.—Notwithstanding any other provi- methodology that will lead to its grad- Congress assembled, sion of law, the Secretary shall, pursuant to the requirements of this section, grant blue ual replacement with a prevailing wage SECTION 1. SHORT TITLE, TABLE OF CONTENTS. card status to an alien who qualifies under standard. Employers may elect to pro- (a) SHORT TITLE.—This Act may be cited as this section if the Secretary determines that vide a housing allowance in lieu of the ‘‘Agricultural Job Opportunities, Bene- the alien— housing if the governor determines fits, and Security Act of 2007’’ or the (1) has performed agricultural employment that there is adequate rental housing ‘‘AgJOBS Act of 2007’’. in the United States for at least 863 hours or available in the area of employment. (b) TABLE OF CONTENTS.—The table of con- 150 work days during the 24-month period Inbound and return transportation tents for this Act is as follows: ending on December 31, 2006; and subsistence is required on the same Sec. 1. Short title, table of contents. (2) applied for such status during the 18- basis as under the current program, ex- Sec. 2. Definitions. month application period beginning on the cept that trips of less than 100 miles TITLE I—PILOT PROGRAM FOR EARNED first day of the seventh month that begins after the date of enactment of this Act; are excluded, and workers whom an STATUS ADJUSTMENT OF AGRICUL- TURAL WORKERS (3) is otherwise admissible to the United employer is not required to provide Subtitle A—Blue Card Status States under section 212 of the Immigration housing are excluded. and Nationality Act (8 U.S.C. 1182), except as The motor vehicle safety standards Sec. 101. Requirements for blue card status. otherwise provided under section 105(b); and for U.S. workers are extended to H–2A Sec. 102. Treatment of aliens granted blue (4) has not been convicted of any felony or workers. Petitions for admission of H– card status. a misdemeanor, an element of which in- Sec. 103. Adjustment to permanent resi- volves bodily injury, threat of serious bodily 2A workers must be processed and the dence. consulate or port of entry notified injury, or harm to property in excess of $500. Sec. 104. Applications. (b) AUTHORIZED TRAVEL.—An alien who is within 7 days of receipt. Requirements Sec. 105. Waiver of numerical limitations granted blue card status is authorized to are the same as current law. and certain grounds for inad- travel outside the United States (including Petitions extending aliens’ stay or missibility. commuting to the United States from a resi- changing employers are valid upon fil- Sec. 106. Administrative and judicial review. dence in a foreign country) in the same man- ing. Employers may apply for the ad- Sec. 107. Use of information. ner as an alien lawfully admitted for perma- mission of new H–2A workers to replace Sec. 108. Regulations, effective date, author- nent residence. ization of appropriations. (c) AUTHORIZED EMPLOYMENT.—The Sec- those who abandoned their work or are retary shall provide an alien who is granted terminated for cause and the Depart- Subtitle B—Correction of Social Security Records blue card status an employment authorized ment of Homeland Security is required endorsement or other appropriate work per- to remove H–2A aliens who abandoned Sec. 111. Correction of Social Security mit, in the same manner as an alien lawfully records. their work. H–2A visas will be secure admitted for permanent residence. and counterfeit resistant. TITLE II—REFORM OF H–2A WORKER (d) TERMINATION OF BLUE CARD STATUS.— A new limited Federal right of action PROGRAM (1) IN GENERAL.—The Secretary may termi- nate blue card status granted to an alien is available to foreign workers to en- Sec. 201. Amendment to the Immigration and Nationality Act. under this section only if the Secretary de- force the economic benefits required termines that the alien is deportable. TITLE III—MISCELLANEOUS PROVISIONS under the H–2A program, and any bene- (2) GROUNDS FOR TERMINATION OF BLUE CARD fits expressly offered by the employer Sec. 301. Determination and use of user fees. STATUS.—Before any alien becomes eligible in writing. A statute of limitations of 3 Sec. 302. Regulations. for adjustment of status under section 103, years is imposed. Sec. 303. Reports to Congress. the Secretary may deny adjustment to per- Sec. 304. Effective date. Finally, lawsuits in State court manent resident status and provide for ter- under State contract law alleging vio- SEC. 2. DEFINITIONS. mination of the blue card status granted In this Act: such alien under paragraph (1) if— lations of the H–2A program require- (1) AGRICULTURAL EMPLOYMENT.—The term (A) the Secretary finds, by a preponderance ments and obligations are expressly ‘‘agricultural employment’’ means any serv- of the evidence, that the adjustment to blue preempted. Such State court lawsuits ice or activity that is considered to be agri- card status was the result of fraud or willful have been the venue of choice for liti- cultural under section 3(f) of the Fair Labor misrepresentation (as described in section gation against H–2A employers in re- Standards Act of 1938 (29 U.S.C. 203(f)) or ag- 212(a)(6)(C)(i) of the Immigration and Nation- cent years. ricultural labor under section 3121(g) of the ality Act (8 U.S.C. 1182(a)(6)(C)(i)); or AgJOBS is the one part of the immi- Internal Revenue Code of 1986 or the per- (B) the alien— gration bill about which there is uni- formance of agricultural labor or services de- (i) commits an act that makes the alien in- form agreement. Everyone knows that scribed in section 101(a)(15)(H)(ii)(a) of the admissible to the United States as an immi- Immigration and Nationality Act (8 U.S.C. grant, except as provided under section agriculture in America is supported by 1101(a)(15)(H)(ii)(a)). 105(b); undocumented workers. As immigra- (2) BLUE CARD STATUS.—The term ‘‘blue (ii) is convicted of a felony or 3 or more tion enforcement tightens up, and in- card status’’ means the status of an alien misdemeanors committed in the United creasing numbers of people are pre- who has been lawfully admitted into the States;

VerDate Mar 15 2010 22:11 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18JA7.REC S18JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S768 CONGRESSIONAL RECORD — SENATE January 18, 2007 (iii) is convicted of an offense, an element maintained by such Service for the geo- ployment authorization granted under this of which involves bodily injury, threat of se- graphical area in which the employer is lo- section. rious bodily injury, or harm to property in cated. The procedures and rules of such Serv- SEC. 103. ADJUSTMENT TO PERMANENT RESI- excess of $500; or ice shall be applicable to the selection of DENCE. (iv) fails to perform the agricultural em- such arbitrator and to such arbitration pro- (a) IN GENERAL.—Except as provided in ployment required under section 103(a)(1)(A) ceedings. The Secretary shall pay the fee and subsection (b), the Secretary shall adjust the unless the alien was unable to work in agri- expenses of the arbitrator, subject to the status of an alien granted blue card status to cultural employment due to the extraor- availability of appropriations for such pur- that of an alien lawfully admitted for perma- dinary circumstances described in section pose. nent residence if the Secretary determines 103(a)(3). (C) ARBITRATION PROCEEDINGS.—The arbi- that the following requirements are satis- (e) RECORD OF EMPLOYMENT.— trator shall conduct the proceeding under fied: (1) IN GENERAL.—Each employer of an alien this paragraph in accordance with the poli- (1) QUALIFYING EMPLOYMENT.— granted blue card status under this section cies and procedures promulgated by the (A) IN GENERAL.—Subject to subparagraph (B), the alien has performed at least— shall annually— American Arbitration Association applicable (i) 5 years of agricultural employment in (A) provide a written record of employ- to private arbitration of employment dis- the United States for at least 100 work days ment to the alien; and putes. The arbitrator shall make findings re- per year, during the 5-year period beginning (B) provide a copy of such record to the specting whether the termination was for on the date of the enactment of this Act; or Secretary. just cause. The arbitrator may not find that (2) SUNSET.—The obligation under para- (ii) 3 years of agricultural employment in the termination was for just cause unless the the United States for at least 150 work days graph (1) shall terminate on the date that is employer so demonstrates by a preponder- 6 years after the date of the enactment of per year, during the 3-year period beginning ance of the evidence. If the arbitrator finds on the date of the enactment of this Act. this Act. that the termination was not for just cause, (f) REQUIRED FEATURES OF IDENTITY (B) 4-YEAR PERIOD OF EMPLOYMENT.—An the arbitrator shall make a specific finding CARD.—The Secretary shall provide each alien shall be considered to meet the require- of the number of days or hours of work lost alien granted blue card status, and the ments of subparagraph (A) if the alien has by the employee as a result of the termi- spouse and any child of each such alien resid- performed 4 years of agricultural employ- nation. The arbitrator shall have no author- ing in the United States, with a card that ment in the United States for at least 150 ity to order any other remedy, including re- contains— work days during 3 years of those 4 years and instatement, back pay, or front pay to the (1) an encrypted, machine-readable, elec- at least 100 work days during the remaining affected employee. Not later than 30 days tronic identification strip that is unique to year, during the 4-year period beginning on after the date of the conclusion of the arbi- the alien to whom the card is issued; the date of the enactment of this Act. tration proceeding, the arbitrator shall (2) biometric identifiers, including finger- (2) PROOF.—An alien may demonstrate transmit the findings in the form of a writ- prints and a digital photograph; and compliance with the requirement under ten opinion to the parties to the arbitration (3) physical security features designed to paragraph (1) by submitting— and the Secretary. Such findings shall be prevent tampering, counterfeiting, or dupli- (A) the record of employment described in final and conclusive, and no official or court cation of the card for fraudulent purposes. section 101(e); or of the United States shall have the power or (g) FINE.—An alien granted blue card sta- (B) such documentation as may be sub- tus shall pay a fine of $100 to the Secretary. jurisdiction to review any such findings. mitted under section 104(c). (h) MAXIMUM NUMBER.—The Secretary may (D) EFFECT OF ARBITRATION FINDINGS.—If (3) EXTRAORDINARY CIRCUMSTANCES.—In de- not issue more than 1,500,000 blue cards dur- the Secretary receives a finding of an arbi- termining whether an alien has met the re- ing the 5-year period beginning on the date trator that an employer has terminated the quirement of paragraph (1)(A), the Secretary of the enactment of this Act. employment of an alien who is granted blue may credit the alien with not more than 12 SEC. 102. TREATMENT OF ALIENS GRANTED BLUE card status without just cause, the Secretary additional months to meet the requirement CARD STATUS. shall credit the alien for the number of days of that subparagraph if the alien was unable (a) IN GENERAL.—Except as otherwise pro- or hours of work not performed during such to work in agricultural employment due to— vided under this section, an alien granted period of termination for the purpose of de- (A) pregnancy, injury, or disease, if the blue card status shall be considered to be an termining if the alien meets the qualifying alien can establish such pregnancy, disabling alien lawfully admitted for permanent resi- employment requirement of section 103(a). injury, or disease through medical records; dence for purposes of any law other than any (E) TREATMENT OF ATTORNEY’S FEES.—Each (B) illness, disease, or other special needs provision of the Immigration and Nation- party to an arbitration under this paragraph of a minor child, if the alien can establish ality Act (8 U.S.C. 1101 et seq.). shall bear the cost of their own attorney’s such illness, disease, or special needs (b) DELAYED ELIGIBILITY FOR CERTAIN FED- fees for the arbitration. through medical records; or ERAL PUBLIC BENEFITS.—An alien granted (F) NONEXCLUSIVE REMEDY.—The complaint (C) severe weather conditions that pre- blue card status shall not be eligible, by rea- process provided for in this paragraph is in vented the alien from engaging in agricul- son of such status, for any form of assistance addition to any other rights an employee tural employment for a significant period of or benefit described in section 403(a) of the may have in accordance with applicable law. time. Personal Responsibility and Work Oppor- (G) EFFECT ON OTHER ACTIONS OR PRO- (4) APPLICATION PERIOD.—The alien applies tunity Reconciliation Act of 1996 (8 U.S.C. CEEDINGS.—Any finding of fact or law, judg- for adjustment of status not later than 7 1613(a)) until 5 years after the date on which ment, conclusion, or final order made by an years after the date of the enactment of this the alien is granted an adjustment of status arbitrator in the proceeding before the Sec- Act. under section 103. retary shall not be conclusive or binding in (5) FINE.—The alien pays a fine of $400 to (c) TERMS OF EMPLOYMENT.— any separate or subsequent action or pro- the Secretary. (1) PROHIBITION.—No alien granted blue ceeding between the employee and the em- (b) GROUNDS FOR DENIAL OF ADJUSTMENT OF card status may be terminated from employ- ployee’s current or prior employer brought STATUS.—The Secretary may deny an alien ment by any employer during the period of before an arbitrator, administrative agency, granted blue card status an adjustment of blue card status except for just cause. court, or judge of any State or the United status under this section and provide for ter- (2) TREATMENT OF COMPLAINTS.— States, regardless of whether the prior ac- mination of such blue card status if— (A) ESTABLISHMENT OF PROCESS.—The Sec- tion was between the same or related parties (1) the Secretary finds by a preponderance retary shall establish a process for the re- or involved the same facts, except that the of the evidence that the adjustment to blue ceipt, initial review, and disposition of com- arbitrator’s specific finding of the number of card status was the result of fraud or willful plaints by aliens granted blue card status days or hours of work lost by the employee misrepresentation, as described in section who allege that they have been terminated as a result of the employment termination 212(a)(6)(C)(i) of the Immigration and Nation- without just cause. No proceeding shall be may be referred to the Secretary pursuant to ality Act (8 U.S.C. 1182(a)(6)(C)(i)); or conducted under this paragraph with respect subparagraph (D). (2) the alien— to a termination unless the Secretary deter- (3) CIVIL PENALTIES.— (A) commits an act that makes the alien mines that the complaint was filed not later (A) IN GENERAL.—If the Secretary finds, inadmissible to the United States under sec- than 6 months after the date of the termi- after notice and opportunity for a hearing, tion 212 of the Immigration and Nationality nation. that an employer of an alien granted blue Act (8 U.S.C. 1182), except as provided under (B) INITIATION OF ARBITRATION.—If the Sec- card status has failed to provide the record section 105(b); retary finds that an alien has filed a com- of employment required under section 101(e) (B) is convicted of a felony or 3 or more plaint in accordance with subparagraph (A) or has provided a false statement of material misdemeanors committed in the United and there is reasonable cause to believe that fact in such a record, the employer shall be States; or the alien was terminated from employment subject to a civil money penalty in an (C) is convicted of an offense, an element without just cause, the Secretary shall ini- amount not to exceed $1,000 per violation. of which involves bodily injury, threat of se- tiate binding arbitration proceedings by re- (B) LIMITATION.—The penalty applicable rious bodily injury, or harm to property in questing the Federal Mediation and Concilia- under subparagraph (A) for failure to provide excess of $500. tion Service to appoint a mutually agreeable records shall not apply unless the alien has (c) GROUNDS FOR REMOVAL.—Any alien arbitrator from the roster of arbitrators provided the employer with evidence of em- granted blue card status who does not apply

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APPLICATIONS. mentation of the alien’s work history, if the riod, is deportable and may be removed (a) SUBMISSION.—The Secretary shall pro- alien requests such assistance. under section 240 of the Immigration and Na- vide that— (2) NO AUTHORITY TO MAKE DETERMINA- tionality Act (8 U.S.C. 1229a). (1) applications for blue card status under TIONS.—No qualified designated entity may (d) PAYMENT OF TAXES.— section 101 may be submitted— make a determination required by this sub- (1) IN GENERAL.—Not later than the date on (A) to the Secretary if the applicant is rep- title to be made by the Secretary. which an alien’s status is adjusted under this resented by an attorney or a nonprofit reli- (e) LIMITATION ON ACCESS TO INFORMA- section, the alien shall establish that the gious, charitable, social service, or similar TION.—Files and records collected or com- alien does not owe any applicable Federal organization recognized by the Board of Im- piled by a qualified designated entity for the tax liability by establishing that— migration Appeals under section 292.2 of title purposes of this section are confidential and (A) no such tax liability exists; 8, Code of Federal Regulations; or (B) all such outstanding tax liabilities (B) to a qualified designated entity if the the Secretary shall not have access to such have been paid; or applicant consents to the forwarding of the a file or record relating to an alien without (C) the alien has entered into an agreement application to the Secretary; and the consent of the alien, except as allowed by for payment of all outstanding liabilities (2) applications for adjustment of status a court order issued pursuant to subsection with the Internal Revenue Service. under section 103 shall be filed directly with (f). (2) APPLICABLE FEDERAL TAX LIABILITY.—In the Secretary. (f) CONFIDENTIALITY OF INFORMATION.— paragraph (1) the term ‘‘applicable Federal (b) QUALIFIED DESIGNATED ENTITY DE- (1) IN GENERAL.—Except as otherwise pro- tax liability’’ means liability for Federal FINED.—In this section, the term ‘‘qualified vided in this section, the Secretary or any taxes, including penalties and interest, owed designated entity’’ means— other official or employee of the Department for any year during the period of employ- (1) a qualified farm labor organization or or a bureau or agency of the Department is ment required under subsection (a)(1) for an association of employers designated by prohibited from— which the statutory period for assessment of the Secretary; or (A) using information furnished by the ap- any deficiency for such taxes has not ex- (2) any such other person designated by the plicant pursuant to an application filed pired. Secretary if that Secretary determines such under this title, the information provided by (3) IRS COOPERATION.—The Secretary of the person is qualified and has substantial expe- an applicant to a qualified designated entity, Treasury shall establish rules and procedures rience, demonstrated competence, and has a or any information provided by an employer under which the Commissioner of Internal history of long-term involvement in the or former employer for any purpose other Revenue shall provide documentation to an preparation and submission of applications than to make a determination on the appli- alien upon request to establish the payment for adjustment of status under section 209, cation or for imposing the penalties de- of all taxes required by this subsection. 210, or 245 of the Immigration and Nation- scribed in subsection (g); (e) SPOUSES AND MINOR CHILDREN.— ality Act (8 U.S.C. 1159, 1160, and 1255), the (B) making any publication in which the (1) IN GENERAL.—Notwithstanding any Act entitled ‘‘An Act to adjust the status of other provision of law, the Secretary shall information furnished by any particular in- Cuban refugees to that of lawful permanent dividual can be identified; or confer the status of lawful permanent resi- residents of the United States, and for other dent on the spouse and minor child of an (C) permitting a person other than a sworn purposes’’, approved November 2, 1966 (Public officer or employee of the Department or a alien granted any adjustment of status under Law 89–732; 8 U.S.C. 1255 note), Public Law subsection (a), including any individual who bureau or agency of the Department or, with 95–145 (8 U.S.C. 1255 note), or the Immigra- respect to applications filed with a qualified was a minor child on the date such alien was tion Reform and Control Act of 1986 (Public granted blue card status, if the spouse or designated entity, that qualified designated Law 99–603; 100 Stat. 3359) or any amendment entity, to examine individual applications. minor child applies for such status, or if the made by that Act. (2) REQUIRED DISCLOSURES.—The Secretary principal alien includes the spouse or minor (c) PROOF OF ELIGIBILITY.— shall provide the information furnished child in an application for adjustment of sta- (1) IN GENERAL.—An alien may establish under this title or any other information de- tus to that of a lawful permanent resident. that the alien meets the requirement of sec- rived from such furnished information to— (2) TREATMENT OF SPOUSES AND MINOR CHIL- tion 101(a)(1) or 103(a)(1) through government (A) a duly recognized law enforcement en- DREN.— employment records or records supplied by tity in connection with a criminal investiga- (A) GRANTING OF STATUS AND REMOVAL.— employers or collective bargaining organiza- tion or prosecution, if such information is The Secretary may grant derivative status tions, and other reliable documentation as requested in writing by such entity; or to the alien spouse and any minor child re- the alien may provide. The Secretary shall (B) an official coroner, for purposes of af- siding in the United States of an alien grant- establish special procedures to properly cred- firmatively identifying a deceased indi- ed blue card status and shall not remove it work in cases in which an alien was em- vidual, whether or not the death of such in- such derivative spouse or child during the ployed under an assumed name. dividual resulted from a crime. period that the alien granted blue card sta- (2) DOCUMENTATION OF WORK HISTORY.— (3) CONSTRUCTION.— tus maintains such status, except as pro- (A) BURDEN OF PROOF.—An alien applying (A) IN GENERAL.—Nothing in this sub- vided in paragraph (3). A grant of derivative for status under section 101(a) or 103(a) has section shall be construed to limit the use, status to such a spouse or child under this the burden of proving by a preponderance of or release, for immigration enforcement pur- subparagraph shall not decrease the number the evidence that the alien has worked the poses or law enforcement purposes, of infor- of aliens who may receive blue card status requisite number of hours or days required mation contained in files or records of the under subsection (h) of section 101. under section 101(a)(1) or 103(a)(1), as applica- Department pertaining to an application (B) TRAVEL.—The derivative spouse and ble. filed under this section, other than informa- any minor child of an alien granted blue card (B) TIMELY PRODUCTION OF RECORDS.—If an tion furnished by an applicant pursuant to status may travel outside the United States employer or farm labor contractor employ- the application, or any other information de- in the same manner as an alien lawfully ad- ing such an alien has kept proper and ade- rived from the application, that is not avail- mitted for permanent residence. quate records respecting such employment, able from any other source. (C) EMPLOYMENT.—The derivative spouse of the alien’s burden of proof under subpara- (B) CRIMINAL CONVICTIONS.—Notwith- an alien granted blue card status may apply graph (A) may be met by securing timely standing any other provision of this sub- to the Secretary for a work permit to au- production of those records under regula- section, information concerning whether the thorize such spouse to engage in any lawful tions to be promulgated by the Secretary. alien applying for blue card status under sec- employment in the United States while such (C) SUFFICIENT EVIDENCE.—An alien may tion 101 or an adjustment of status under alien maintains blue card status. meet the burden of proof under subparagraph section 103 has been convicted of a crime at (3) GROUNDS FOR DENIAL OF ADJUSTMENT OF (A) to establish that the alien has performed any time may be used or released for immi- STATUS AND REMOVAL.—The Secretary may the days or hours of work required by section gration enforcement or law enforcement pur- deny an alien spouse or child adjustment of 101(a)(1) or 103(a)(1) by producing sufficient poses. status under paragraph (1) and may remove evidence to show the extent of that employ- (4) CRIME.—Any person who knowingly such spouse or child under section 240 of the ment as a matter of just and reasonable in- uses, publishes, or permits information to be Immigration and Nationality Act (8 U.S.C. ference. examined in violation of this subsection 1229a) if the spouse or child— (d) APPLICATIONS SUBMITTED TO QUALIFIED shall be subject to a fine in an amount not to (A) commits an act that makes the alien DESIGNATED ENTITIES.— exceed $10,000. spouse or child inadmissible to the United (1) REQUIREMENTS.—Each qualified des- States under section 212 of such Act (8 U.S.C. ignated entity shall agree— (g) PENALTIES FOR FALSE STATEMENTS IN 1182), except as provided under section 105(b); (A) to forward to the Secretary an applica- APPLICATIONS.— (B) is convicted of a felony or 3 or more tion submitted to that entity pursuant to (1) CRIMINAL PENALTY.—Any person who— misdemeanors committed in the United subsection (a)(1)(B) if the applicant has con- (A) files an application for blue card status States; or sented to such forwarding; under section 101 or an adjustment of status

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under section 103 and knowingly and will- (B) GROUNDS THAT MAY NOT BE WAIVED.— administrative record established at the fully falsifies, conceals, or covers up a mate- Paragraphs (2)(A), (2)(B), (2)(C), (3), and (4) of time of the review by the appellate authority rial fact or makes any false, fictitious, or such section 212(a) may not be waived by the and the findings of fact and determinations fraudulent statements or representations, or Secretary under subparagraph (A). contained in such record shall be conclusive makes or uses any false writing or document (C) CONSTRUCTION.—Nothing in this para- unless the applicant can establish abuse of knowing the same to contain any false, ficti- graph shall be construed as affecting the au- discretion or that the findings are directly tious, or fraudulent statement or entry; or thority of the Secretary other than under contrary to clear and convincing facts con- (B) creates or supplies a false writing or this subparagraph to waive provisions of tained in the record considered as a whole. document for use in making such an applica- such section 212(a). SEC. 107. USE OF INFORMATION. tion, (3) SPECIAL RULE FOR DETERMINATION OF Beginning not later than the first day of shall be fined in accordance with title 18, PUBLIC CHARGE.—An alien is not ineligible for the application period described in section United States Code, imprisoned not more blue card status under section 101 or an ad- 101(a)(2), the Secretary, in cooperation with than 5 years, or both. justment of status under section 103 by rea- qualified designated entities (as that term is (2) INADMISSIBILITY.—An alien who is con- son of a ground of inadmissibility under sec- defined in section 104(b)), shall broadly dis- victed of a crime under paragraph (1) shall be tion 212(a)(4) of the Immigration and Nation- seminate information respecting the benefits considered to be inadmissible to the United ality Act (8 U.S.C. 1182(a)(4)) if the alien that aliens may receive under this subtitle States on the ground described in section demonstrates a history of employment in the and the requirements that an alien is re- 212(a)(6)(C)(i) of the Immigration and Nation- United States evidencing self-support with- quired to meet to receive such benefits. ality Act (8 U.S.C. 1182(a)(6)(C)(i)). out reliance on public cash assistance. SEC. 108. REGULATIONS, EFFECTIVE DATE, AU- (h) ELIGIBILITY FOR LEGAL SERVICES.—Sec- (c) TEMPORARY STAY OF REMOVAL AND THORIZATION OF APPROPRIATIONS. tion 504(a)(11) of Public Law 104–134 (110 Stat. WORK AUTHORIZATION FOR CERTAIN APPLI- (a) REGULATIONS.—The Secretary shall 1321–53 et seq.) shall not be construed to pre- CANTS.— issue regulations to implement this subtitle vent a recipient of funds under the Legal (1) BEFORE APPLICATION PERIOD.—Effective not later than the first day of the seventh Services Corporation Act (42 U.S.C. 2996 et on the date of enactment of this Act, the month that begins after the date of enact- seq.) from providing legal assistance directly Secretary shall provide that, in the case of ment of this Act. related to an application for blue card status an alien who is apprehended before the be- (b) EFFECTIVE DATE.—This subtitle shall under section 101 or an adjustment of status ginning of the application period described take effect on the date that regulations re- under section 103. in section 101(a)(2) and who can establish a quired by subsection (a) are issued, regard- (i) APPLICATION FEES.— nonfrivolous case of eligibility for blue card less of whether such regulations are issued (1) FEE SCHEDULE.—The Secretary shall status (but for the fact that the alien may on an interim basis or on any other basis. provide for a schedule of fees that— not apply for such status until the beginning (c) AUTHORIZATION OF APPROPRIATIONS.— (A) shall be charged for the filing of an ap- of such period), until the alien has had the There are authorized to be appropriated to plication for blue card status under section opportunity during the first 30 days of the the Secretary such sums as may be nec- 101 or for an adjustment of status under sec- application period to complete the filing of essary to implement this subtitle, including tion 103; and an application for blue card status, the any sums needed for costs associated with (B) may be charged by qualified designated alien— the initiation of such implementation, for entities to help defray the costs of services (A) may not be removed; and fiscal years 2007 and 2008. provided to such applicants. (B) shall be granted authorization to en- (2) PROHIBITION ON EXCESS FEES BY QUALI- Subtitle B—Correction of Social Security gage in employment in the United States Records FIED DESIGNATED ENTITIES.—A qualified des- and be provided an employment authorized SEC. 111. CORRECTION OF SOCIAL SECURITY ignated entity may not charge any fee in ex- endorsement or other appropriate work per- cess of, or in addition to, the fees authorized RECORDS. mit for such purpose. under paragraph (1)(B) for services provided (a) IN GENERAL.—Section 208(e)(1) of the (2) DURING APPLICATION PERIOD.—The Sec- to applicants. Social Security Act (42 U.S.C. 408(e)(1)) is retary shall provide that, in the case of an (3) DISPOSITION OF FEES.— amended— alien who presents a nonfrivolous applica- (A) IN GENERAL.—There is established in (1) in subparagraph (B)(ii), by striking ‘‘or’’ tion for blue card status during the applica- the general fund of the Treasury a separate at the end; tion period described in section 101(a)(2), in- account, which shall be known as the ‘‘Agri- (2) in subparagraph (C), by inserting ‘‘or’’ cluding an alien who files such an applica- cultural Worker Immigration Status Adjust- at the end; tion within 30 days of the alien’s apprehen- ment Account’’. Notwithstanding any other (3) by inserting after subparagraph (C) the sion, and until a final determination on the provision of law, there shall be deposited as following: offsetting receipts into the account all fees application has been made in accordance ‘‘(D) who is granted blue card status under collected under paragraph (1)(A). with this section, the alien— the Agricultural Job Opportunity, Benefits, (A) may not be removed; and (B) USE OF FEES FOR APPLICATION PROC- and Security Act of 2007,’’; and (B) shall be granted authorization to en- ESSING.—Amounts deposited in the ‘‘Agricul- (4) by striking ‘‘1990.’’ and inserting ‘‘1990, tural Worker Immigration Status Adjust- gage in employment in the United States or in the case of an alien described in sub- ment Account’’ shall remain available to the and be provided an employment authorized paragraph (D), if such conduct is alleged to Secretary until expended for processing ap- endorsement or other appropriate work per- have occurred before the date on which the plications for blue card status under section mit for such purpose. alien was granted blue card status.’’. 101 or an adjustment of status under section SEC. 106. ADMINISTRATIVE AND JUDICIAL RE- (b) EFFECTIVE DATE.—The amendments 103. VIEW. made by subsection (a) shall take effect on (a) IN GENERAL.—There shall be no admin- SEC. 105. WAIVER OF NUMERICAL LIMITATIONS the first day of the seventh month that be- AND CERTAIN GROUNDS FOR INAD- istrative or judicial review of a determina- gins after the date of the enactment of this MISSIBILITY. tion respecting an application for blue card Act. (a) NUMERICAL LIMITATIONS DO NOT status under section 101 or adjustment of status under section 103 except in accordance TITLE II—REFORM OF H–2A WORKER APPLY.—The numerical limitations of sec- PROGRAM tions 201 and 202 of the Immigration and Na- with this section. tionality Act (8 U.S.C. 1151 and 1152) shall (b) ADMINISTRATIVE REVIEW.— SEC. 201. AMENDMENT TO THE IMMIGRATION not apply to the adjustment of aliens to law- (1) SINGLE LEVEL OF ADMINISTRATIVE APPEL- AND NATIONALITY ACT. (a) IN GENERAL.—Title II of the Immigra- ful permanent resident status under section LATE REVIEW.—The Secretary shall establish 103. an appellate authority to provide for a single tion and Nationality Act (8 U.S.C. 1151 et (b) WAIVER OF CERTAIN GROUNDS OF INAD- level of administrative appellate review of seq.) is amended by striking section 218 and MISSIBILITY.—In the determination of an such a determination. inserting the following: alien’s eligibility for status under section (2) STANDARD FOR REVIEW.—Such adminis- ‘‘SEC. 218. H–2A EMPLOYER APPLICATIONS. 101(a) or an alien’s eligibility for adjustment trative appellate review shall be based solely ‘‘(a) APPLICATIONS TO THE SECRETARY OF of status under section 103(b)(2)(A) the fol- upon the administrative record established LABOR.— lowing rules shall apply: at the time of the determination on the ap- ‘‘(1) IN GENERAL.—No alien may be admit- (1) GROUNDS OF EXCLUSION NOT APPLICA- plication and upon such additional or newly ted to the United States as an H–2A worker, BLE.—The provisions of paragraphs (5), discovered evidence as may not have been or otherwise provided status as an H–2A (6)(A), (7), and (9) of section 212(a) of the Im- available at the time of the determination. worker, unless the employer has filed with migration and Nationality Act (8 U.S.C. (c) JUDICIAL REVIEW.— the Secretary of Labor an application con- 1182(a)) shall not apply. (1) LIMITATION TO REVIEW OF REMOVAL.— taining— (2) WAIVER OF OTHER GROUNDS.— There shall be judicial review of such a de- ‘‘(A) the assurances described in subsection (A) IN GENERAL.—Except as provided in termination only in the judicial review of an (b); subparagraph (B), the Secretary may waive order of removal under section 242 of the Im- ‘‘(B) a description of the nature and loca- any other provision of such section 212(a) in migration and Nationality Act (8 U.S.C. tion of the work to be performed; the case of individual aliens for humani- 1252). ‘‘(C) the anticipated period (expected be- tarian purposes, to ensure family unity, or if (2) STANDARD FOR JUDICIAL REVIEW.—Such ginning and ending dates) for which the otherwise in the public interest. judicial review shall be based solely upon the workers will be needed; and

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‘‘(D) the number of job opportunities in ‘‘(E) REQUIREMENTS FOR PLACEMENT OF THE workers in a publication in the local labor which the employer seeks to employ the NONIMMIGRANT WITH OTHER EMPLOYERS.—The market that is likely to be patronized by po- workers. employer will not place the nonimmigrant tential farm workers. ‘‘(2) ACCOMPANIED BY JOB OFFER.—Each ap- with another employer unless— ‘‘(IV) EMERGENCY PROCEDURES.—The Sec- plication filed under paragraph (1) shall be ‘‘(i) the nonimmigrant performs duties in retary of Labor shall, by regulation, provide accompanied by a copy of the job offer de- whole or in part at 1 or more worksites a procedure for acceptance and approval of scribing the wages and other terms and con- owned, operated, or controlled by such other applications in which the employer has not ditions of employment and the bona fide oc- employer; complied with the provisions of this subpara- cupational qualifications that shall be pos- ‘‘(ii) there are indicia of an employment graph because the employer’s need for H–2A sessed by a worker to be employed in the job relationship between the nonimmigrant and workers could not reasonably have been fore- opportunity in question. such other employer; and seen. ‘‘(b) ASSURANCES FOR INCLUSION IN APPLI- ‘‘(iii) the employer has inquired of the ‘‘(ii) JOB OFFERS.—The employer has of- CATIONS.—The assurances referred to in sub- other employer as to whether, and has no ac- fered or will offer the job to any eligible section (a)(1) are the following: tual knowledge or notice that, during the pe- United States worker who applies and is ‘‘(1) JOB OPPORTUNITIES COVERED BY COLLEC- riod of employment and for a period of 30 equally or better qualified for the job for TIVE BARGAINING AGREEMENTS.—With respect days preceding the period of employment, which the nonimmigrant is, or non- to a job opportunity that is covered under a the other employer has displaced or intends immigrants are, sought and who will be collective bargaining agreement: to displace a United States worker employed available at the time and place of need. ‘‘(A) UNION CONTRACT DESCRIBED.—The job by the other employer in the occupation at ‘‘(iii) PERIOD OF EMPLOYMENT.—The em- opportunity is covered by a union contract the place of employment for which the em- ployer will provide employment to any which was negotiated at arm’s length be- ployer seeks approval to employ H–2A work- qualified United States worker who applies tween a bona fide union and the employer. ers. to the employer during the period beginning ‘‘(B) STRIKE OR LOCKOUT.—The specific job ‘‘(F) STATEMENT OF LIABILITY.—The appli- on the date on which the H–2A worker de- opportunity for which the employer is re- cation form shall include a clear statement parts for the employer’s place of employ- questing an H–2A worker is not vacant be- explaining the liability under subparagraph ment and ending on the date on which 50 per- cause the former occupant is on strike or (E) of an employer if the other employer de- cent of the period of employment for which being locked out in the course of a labor dis- scribed in such subparagraph displaces a the H–2A worker who is in the job was hired pute. United States worker as described in such has elapsed, subject to the following require- ‘‘(C) NOTIFICATION OF BARGAINING REP- subparagraph. ments: RESENTATIVES.—The employer, at the time of ‘‘(G) PROVISION OF INSURANCE.—If the job ‘‘(I) PROHIBITION.—No person or entity filing the application, has provided notice of opportunity is not covered by the State shall willfully and knowingly withhold the filing under this paragraph to the bar- workers’ compensation law, the employer United States workers before the arrival of gaining representative of the employer’s em- will provide, at no cost to the worker, insur- H–2A workers in order to force the hiring of ployees in the occupational classification at ance covering injury and disease arising out United States workers under this clause. the place or places of employment for which of and in the course of the worker’s employ- ‘‘(II) COMPLAINTS.—Upon receipt of a com- aliens are sought. ment which will provide benefits at least plaint by an employer that a violation of ‘‘(D) TEMPORARY OR SEASONAL JOB OPPOR- equal to those provided under the State’s subclause (I) has occurred, the Secretary of TUNITIES.—The job opportunity is temporary workers’ compensation law for comparable Labor shall immediately investigate. The or seasonal. employment. Secretary of Labor shall, within 36 hours of ‘‘(E) OFFERS TO UNITED STATES WORKERS.— ‘‘(H) EMPLOYMENT OF UNITED STATES WORK- the receipt of the complaint, issue findings The employer has offered or will offer the job ERS.— concerning the alleged violation. If the Sec- to any eligible United States worker who ap- ‘‘(i) RECRUITMENT.—The employer has retary of Labor finds that a violation has oc- plies and is equally or better qualified for taken or will take the following steps to re- curred, the Secretary of Labor shall imme- the job for which the nonimmigrant is, or cruit United States workers for the job op- diately suspend the application of this clause the nonimmigrants are, sought and who will portunities for which the H–2A non- with respect to that certification for that be available at the time and place of need. immigrant is, or H–2A nonimmigrants are, date of need. ‘‘(F) PROVISION OF INSURANCE.—If the job sought: ‘‘(III) PLACEMENT OF UNITED STATES WORK- opportunity is not covered by the State ‘‘(I) CONTACTING FORMER WORKERS.—The ERS.—Before referring a United States work- workers’ compensation law, the employer employer shall make reasonable efforts er to an employer during the period de- will provide, at no cost to the worker, insur- through the sending of a letter by United scribed in the matter preceding subclause (I), ance covering injury and disease arising out States Postal Service mail, or otherwise, to the Secretary of Labor shall make all rea- of, and in the course of, the worker’s employ- contact any United States worker the em- sonable efforts to place the United States ment which will provide benefits at least ployer employed during the previous season worker in an open job acceptable to the equal to those provided under the State’s in the occupation at the place of intended worker, if there are other job offers pending workers’ compensation law for comparable employment for which the employer is ap- with the job service that offer similar job op- employment. plying for workers and has made the avail- portunities in the area of intended employ- ‘‘(2) JOB OPPORTUNITIES NOT COVERED BY ability of the employer’s job opportunities in ment. COLLECTIVE BARGAINING AGREEMENTS.—With the occupation at the place of intended em- ‘‘(iv) STATUTORY CONSTRUCTION.—Nothing respect to a job opportunity that is not cov- ployment known to such previous workers, in this subparagraph shall be construed to ered under a collective bargaining agree- unless the worker was terminated from em- prohibit an employer from using such legiti- ment: ployment by the employer for a lawful job- mate selection criteria relevant to the type ‘‘(A) STRIKE OR LOCKOUT.—The specific job related reason or abandoned the job before of job that are normal or customary to the opportunity for which the employer has ap- the worker completed the period of employ- type of job involved so long as such criteria plied for an H–2A worker is not vacant be- ment of the job opportunity for which the are not applied in a discriminatory manner. cause the former occupant is on strike or worker was hired. ‘‘(c) APPLICATIONS BY ASSOCIATIONS ON BE- being locked out in the course of a labor dis- ‘‘(II) FILING A JOB OFFER WITH THE LOCAL HALF OF EMPLOYER MEMBERS.— pute. OFFICE OF THE STATE EMPLOYMENT SECURITY ‘‘(1) IN GENERAL.—An agricultural associa- ‘‘(B) TEMPORARY OR SEASONAL JOB OPPORTU- AGENCY.—Not later than 28 days before the tion may file an application under sub- NITIES.—The job opportunity is temporary or date on which the employer desires to em- section (a) on behalf of 1 or more of its em- seasonal. ploy an H–2A worker in a temporary or sea- ployer members that the association cer- ‘‘(C) BENEFIT, WAGE, AND WORKING CONDI- sonal agricultural job opportunity, the em- tifies in its application has or have agreed in TIONS.—The employer will provide, at a min- ployer shall submit a copy of the job offer writing to comply with the requirements of imum, the benefits, wages, and working con- described in subsection (a)(2) to the local of- this section and sections 218A, 218B, and ditions required by section 218A to all work- fice of the State employment security agen- 218C. ers employed in the job opportunities for cy which serves the area of intended employ- ‘‘(2) TREATMENT OF ASSOCIATIONS ACTING AS which the employer has applied for an H–2A ment and authorize the posting of the job op- EMPLOYERS.—If an association filing an ap- worker under subsection (a) and to all other portunity on ‘America’s Job Bank’ or other plication under paragraph (1) is a joint or workers in the same occupation at the place electronic job registry, except that nothing sole employer of the temporary or seasonal of employment. in this subclause shall require the employer agricultural workers requested on the appli- ‘‘(D) NONDISPLACEMENT OF UNITED STATES to file an interstate job order under section cation, the certifications granted under sub- WORKERS.—The employer did not displace 653 of title 20, Code of Federal Regulations. section (e)(2)(B) to the association may be and will not displace a United States worker ‘‘(III) ADVERTISING OF JOB OPPORTUNITIES.— used for the certified job opportunities of employed by the employer during the period Not later than 14 days before the date on any of its producer members named on the of employment and for a period of 30 days which the employer desires to employ an H– application, and such workers may be trans- preceding the period of employment in the 2A worker in a temporary or seasonal agri- ferred among such producer members to per- occupation at the place of employment for cultural job opportunity, the employer shall form the agricultural services of a tem- which the employer has applied for an H–2A advertise the availability of the job opportu- porary or seasonal nature for which the cer- worker. nities for which the employer is seeking tifications were granted.

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‘‘(d) WITHDRAWAL OF APPLICATIONS.— ‘‘(1) REQUIREMENT TO PROVIDE HOUSING OR A that there is adequate housing available in ‘‘(1) IN GENERAL.—An employer may with- HOUSING ALLOWANCE.— the area of intended employment for mi- draw an application filed pursuant to sub- ‘‘(A) IN GENERAL.—An employer applying grant farm workers and H–2A workers who section (a), except that if the employer is an under section 218(a) for H–2A workers shall are seeking temporary housing while em- agricultural association, the association offer to provide housing at no cost to all ployed in agricultural work. Such certifi- may withdraw an application filed pursuant workers in job opportunities for which the cation shall expire after 3 years unless re- to subsection (a) with respect to 1 or more of employer has applied under that section and newed by the Governor of the State. its members. To withdraw an application, to all other workers in the same occupation ‘‘(iii) AMOUNT OF ALLOWANCE.— the employer or association shall notify the at the place of employment, whose place of ‘‘(I) NONMETROPOLITAN COUNTIES.—If the Secretary of Labor in writing, and the Sec- residence is beyond normal commuting dis- place of employment of the workers provided retary of Labor shall acknowledge in writing tance. an allowance under this subparagraph is a the receipt of such withdrawal notice. An ‘‘(B) TYPE OF HOUSING.—In complying with nonmetropolitan county, the amount of the employer who withdraws an application subparagraph (A), an employer may, at the housing allowance under this subparagraph under subsection (a), or on whose behalf an employer’s election, provide housing that shall be equal to the statewide average fair application is withdrawn, is relieved of the meets applicable Federal standards for tem- market rental for existing housing for non- obligations undertaken in the application. porary labor camps or secure housing that metropolitan counties for the State, as es- ‘‘(2) LIMITATION.—An application may not meets applicable local standards for rental tablished by the Secretary of Housing and be withdrawn while any alien provided sta- or public accommodation housing or other Urban Development pursuant to section 8(c) tus under section 101(a)(15)(H)(ii)(a) pursuant substantially similar class of habitation, or of the United States Housing Act of 1937 (42 to such application is employed by the em- in the absence of applicable local standards, U.S.C. 1437f(c)), based on a 2-bedroom dwell- ployer. State standards for rental or public accom- ing unit and an assumption of 2 persons per ‘‘(3) OBLIGATIONS UNDER OTHER STATUTES.— modation housing or other substantially bedroom. Any obligation incurred by an employer similar class of habitation. In the absence of ‘‘(II) METROPOLITAN COUNTIES.—If the place under any other law or regulation as a result applicable local or State standards, Federal of employment of the workers provided an of the recruitment of United States workers temporary labor camp standards shall apply. allowance under this paragraph is in a met- or H–2A workers under an offer of terms and ‘‘(C) FAMILY HOUSING.—If it is the pre- ropolitan county, the amount of the housing conditions of employment required as a re- vailing practice in the occupation and area allowance under this subparagraph shall be sult of making an application under sub- of intended employment to provide family equal to the statewide average fair market section (a) is unaffected by withdrawal of housing, family housing shall be provided to rental for existing housing for metropolitan such application. workers with families who request it. counties for the State, as established by the ‘‘(D) WORKERS ENGAGED IN THE RANGE PRO- Secretary of Housing and Urban Develop- ‘‘(e) REVIEW AND APPROVAL OF APPLICA- DUCTION OF LIVESTOCK.—The Secretary of ment pursuant to section 8(c) of the United TIONS.— Labor shall issue regulations that address States Housing Act of 1937 (42 U.S.C. ‘‘(1) RESPONSIBILITY OF EMPLOYERS.—The employer shall make available for public ex- the specific requirements for the provision of 1437f(c)), based on a 2-bedroom dwelling unit amination, within 1 working day after the housing to workers engaged in the range pro- and an assumption of 2 persons per bedroom. duction of livestock. EIMBURSEMENT OF TRANSPORTATION.— date on which an application under sub- ‘‘(2) R ‘‘(E) LIMITATION.—Nothing in this para- ‘‘(A) TO PLACE OF EMPLOYMENT.—A worker section (a) is filed, at the employer’s prin- graph shall be construed to require an em- who completes 50 percent of the period of cipal place of business or worksite, a copy of ployer to provide or secure housing for per- employment of the job opportunity for which each such application (and such accom- sons who were not entitled to such housing the worker was hired shall be reimbursed by panying documents as are necessary). under the temporary labor certification reg- the employer for the cost of the worker’s ‘‘(2) RESPONSIBILITY OF THE SECRETARY OF ulations in effect on June 1, 1986. transportation and subsistence from the LABOR.— ‘‘(F) CHARGES FOR HOUSING.— place from which the worker came to work ‘‘(A) COMPILATION OF LIST.—The Secretary ‘‘(i) CHARGES FOR PUBLIC HOUSING.—If pub- for the employer (or place of last employ- of Labor shall compile, on a current basis, a lic housing provided for migrant agricultural ment, if the worker traveled from such list (by employer and by occupational classi- workers under the auspices of a local, coun- place) to the place of employment. fication) of the applications filed under sub- ty, or State government is secured by an em- ‘‘(B) FROM PLACE OF EMPLOYMENT.—A section (a). Such list shall include the wage ployer, and use of the public housing unit worker who completes the period of employ- rate, number of workers sought, period of in- normally requires charges from migrant ment for the job opportunity involved shall tended employment, and date of need. The workers, such charges shall be paid by the be reimbursed by the employer for the cost Secretary of Labor shall make such list employer directly to the appropriate indi- of the worker’s transportation and subsist- available for examination in the District of vidual or entity affiliated with the housing’s ence from the place of employment to the Columbia. management. place from which the worker, disregarding ‘‘(B) REVIEW OF APPLICATIONS.—The Sec- ‘‘(ii) DEPOSIT CHARGES.—Charges in the intervening employment, came to work for retary of Labor shall review such an applica- form of deposits for bedding or other similar the employer, or to the place of next employ- tion only for completeness and obvious inac- incidentals related to housing shall not be ment, if the worker has contracted with a curacies. Unless the Secretary of Labor finds levied upon workers by employers who pro- subsequent employer who has not agreed to that the application is incomplete or obvi- vide housing for their workers. An employer provide or pay for the worker’s transpor- ously inaccurate, the Secretary of Labor may require a worker found to have been re- tation and subsistence to such subsequent shall certify that the intending employer has sponsible for damage to such housing which employer’s place of employment. filed with the Secretary of Labor an applica- is not the result of normal wear and tear re- ‘‘(C) LIMITATION.— tion as described in subsection (a). Such cer- lated to habitation to reimburse the em- ‘‘(i) AMOUNT OF REIMBURSEMENT.—Except tification shall be provided within 7 days of ployer for the reasonable cost of repair of as provided in clause (ii), the amount of re- the filing of the application.’’ such damage. imbursement provided under subparagraph ‘‘SEC. 218A. H–2A EMPLOYMENT REQUIREMENTS. ‘‘(G) HOUSING ALLOWANCE AS ALTER- (A) or (B) to a worker or alien shall not ex- ‘‘(a) PREFERENTIAL TREATMENT OF ALIENS NATIVE.— ceed the lesser of— PROHIBITED.—Employers seeking to hire ‘‘(i) IN GENERAL.—If the requirement set ‘‘(I) the actual cost to the worker or alien United States workers shall offer the United out in clause (ii) is satisfied, the employer of the transportation and subsistence in- States workers no less than the same bene- may provide a reasonable housing allowance volved; or fits, wages, and working conditions that the instead of offering housing under subpara- ‘‘(II) the most economical and reasonable employer is offering, intends to offer, or will graph (A). Upon the request of a worker common carrier transportation charges and provide to H–2A workers. Conversely, no job seeking assistance in locating housing, the subsistence costs for the distance involved. offer may impose on United States workers employer shall make a good faith effort to ‘‘(ii) DISTANCE TRAVELED.—No reimburse- any restrictions or obligations which will assist the worker in identifying and locating ment under subparagraph (A) or (B) shall be not be imposed on the employer’s H–2A housing in the area of intended employment. required if the distance traveled is 100 miles workers. An employer who offers a housing allowance or less, or the worker is not residing in em- ‘‘(b) MINIMUM BENEFITS, WAGES, AND WORK- to a worker, or assists a worker in locating ployer-provided housing or housing secured ING CONDITIONS.—Except in cases where high- housing which the worker occupies, pursuant through an allowance as provided in para- er benefits, wages, or working conditions are to this clause shall not be deemed a housing graph (1)(G). required by the provisions of subsection (a), provider under section 203 of the Migrant and ‘‘(D) EARLY TERMINATION.—If the worker is in order to protect similarly employed Seasonal Agricultural Worker Protection laid off or employment is terminated for United States workers from adverse effects Act (29 U.S.C. 1823) solely by virtue of pro- contract impossibility (as described in para- with respect to benefits, wages, and working viding such housing allowance. No housing graph (4)(D)) before the anticipated ending conditions, every job offer which shall ac- allowance may be used for housing which is date of employment, the employer shall pro- company an application under section owned or controlled by the employer. vide the transportation and subsistence re- 218(b)(2) shall include each of the following ‘‘(ii) CERTIFICATION.—The requirement of quired by subparagraph (B) and, notwith- benefit, wage, and working condition provi- this clause is satisfied if the Governor of the standing whether the worker has completed sions: State certifies to the Secretary of Labor 50 percent of the period of employment, shall

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provide the transportation reimbursement and above the 3⁄4 guarantee described in para- ‘‘(iv) FINAL REPORT.—Not later than De- required by subparagraph (A). graph (4); cember 31, 2009, the Commission shall submit ‘‘(E) TRANSPORTATION BETWEEN LIVING ‘‘(iv) the hours actually worked by the a report to the Congress setting forth the QUARTERS AND WORKSITE.—The employer worker; findings of the study conducted under clause shall provide transportation between the ‘‘(v) an itemization of the deductions made (iii). worker’s living quarters and the employer’s from the worker’s wages; and ‘‘(v) TERMINATION DATE.—The Commission worksite without cost to the worker, and ‘‘(vi) if piece rates of pay are used, the shall terminate upon submitting its final re- such transportation will be in accordance units produced daily. port. with applicable laws and regulations. ‘‘(G) REPORT ON WAGE PROTECTIONS.—Not ‘‘(4) GUARANTEE OF EMPLOYMENT.— ‘‘(3) REQUIRED WAGES.— later than December 31, 2009, the Comp- ‘‘(A) OFFER TO WORKER.—The employer ‘‘(A) IN GENERAL.—An employer applying troller General of the United States shall shall guarantee to offer the worker employ- for workers under section 218(a) shall offer to prepare and transmit to the Secretary of ment for the hourly equivalent of at least 3⁄4 pay, and shall pay, all workers in the occu- Labor, the Committee on the Judiciary of of the work days of the total period of em- pation for which the employer has applied the Senate, and Committee on the Judiciary ployment, beginning with the first work day for workers, not less (and is not required to of the House of Representatives, a report after the arrival of the worker at the place of pay more) than the greater of the prevailing that addresses— employment and ending on the expiration wage in the occupation in the area of in- ‘‘(i) whether the employment of H–2A or date specified in the job offer. For purposes tended employment or the adverse effect unauthorized aliens in the United States ag- of this subparagraph, the hourly equivalent wage rate. No worker shall be paid less than ricultural workforce has depressed United means the number of hours in the work days the greater of the hourly wage prescribed States farm worker wages below the levels as stated in the job offer and shall exclude under section 6(a)(1) of the Fair Labor Stand- that would otherwise have prevailed if alien the worker’s Sabbath and Federal holidays. ards Act of 1938 (29 U.S.C. 206(a)(1)) or the ap- farm workers had not been employed in the If the employer affords the United States or plicable State minimum wage. United States; H–2A worker less employment than that re- ‘‘(B) LIMITATION.—Effective on the date of ‘‘(ii) whether an adverse effect wage rate is quired under this paragraph, the employer the enactment of the Agricultural Job Op- necessary to prevent wages of United States portunities, Benefits, and Security Act of farm workers in occupations in which H–2A shall pay such worker the amount which the 2007 and continuing for 3 years thereafter, no workers are employed from falling below the worker would have earned had the worker, in adverse effect wage rate for a State may be wage levels that would have prevailed in the fact, worked for the guaranteed number of more than the adverse effect wage rate for absence of the employment of H–2A workers hours. that State in effect on January 1, 2003, as es- in those occupations; ‘‘(B) FAILURE TO WORK.—Any hours which tablished by section 655.107 of title 20, Code ‘‘(iii) whether alternative wage standards, the worker fails to work, up to a maximum of Federal Regulations. such as a prevailing wage standard, would be of the number of hours specified in the job ‘‘(C) REQUIRED WAGES AFTER 3-YEAR sufficient to prevent wages in occupations in offer for a work day, when the worker has FREEZE.— which H–2A workers are employed from fall- been offered an opportunity to do so, and all ‘‘(i) FIRST ADJUSTMENT.—If Congress does ing below the wage level that would have hours of work actually performed (including not set a new wage standard applicable to prevailed in the absence of H–2A employ- voluntary work in excess of the number of this section before the first March 1 that is ment; hours specified in the job offer in a work day, not less than 3 years after the date of enact- ‘‘(iv) whether any changes are warranted on the worker’s Sabbath, or on Federal holi- ment of this section, the adverse effect wage in the current methodologies for calculating days) may be counted by the employer in rate for each State beginning on such March the adverse effect wage rate and the pre- calculating whether the period of guaranteed 1 shall be the wage rate that would have re- vailing wage; and employment has been met. sulted if the adverse effect wage rate in ef- ‘‘(v) recommendations for future wage pro- ‘‘(C) ABANDONMENT OF EMPLOYMENT, TERMI- fect on January 1, 2003, had been annually tection under this section. NATION FOR CAUSE.—If the worker voluntarily adjusted, beginning on March 1, 2006, by the ‘‘(H) COMMISSION ON WAGE STANDARDS.— abandons employment before the end of the lesser of— ‘‘(i) ESTABLISHMENT.—There is established contract period, or is terminated for cause, ‘‘(I) the 12-month percentage change in the the Commission on Agricultural Wage the worker is not entitled to the ‘3⁄4 guar- Consumer Price Index for All Urban Con- Standards under the H–2A program (in this antee’ described in subparagraph (A). sumers between December of the second pre- subparagraph referred to as the ‘Commis- ‘‘(D) CONTRACT IMPOSSIBILITY.—If, before ceding year and December of the preceding sion’). the expiration of the period of employment year; and ‘‘(ii) COMPOSITION.—The Commission shall specified in the job offer, the services of the ‘‘(II) 4 percent. consist of 10 members as follows: worker are no longer required for reasons be- ‘‘(ii) SUBSEQUENT ANNUAL ADJUSTMENTS.— ‘‘(I) Four representatives of agricultural yond the control of the employer due to any Beginning on the first March 1 that is not employers and 1 representative of the De- form of natural disaster, including a flood, less than 4 years after the date of enactment partment of Agriculture, each appointed by hurricane, freeze, earthquake, fire, drought, of this section, and each March 1 thereafter, the Secretary of Agriculture. plant or animal disease or pest infestation, the adverse effect wage rate then in effect ‘‘(II) Four representatives of agricultural or regulatory drought, before the guarantee for each State shall be adjusted by the lesser workers and 1 representative of the Depart- in subparagraph (A) is fulfilled, the employer of— ment of Labor, each appointed by the Sec- may terminate the worker’s employment. In ‘‘(I) the 12-month percentage change in the retary of Labor. the event of such termination, the employer Consumer Price Index for All Urban Con- ‘‘(iii) FUNCTIONS.—The Commission shall shall fulfill the employment guarantee in sumers between December of the second pre- conduct a study that shall address— subparagraph (A) for the work days that ceding year and December of the preceding ‘‘(I) whether the employment of H–2A or have elapsed from the first work day after year; and unauthorized aliens in the United States ag- the arrival of the worker to the termination ‘‘(II) 4 percent. ricultural workforce has depressed United of employment. In such cases, the employer ‘‘(D) DEDUCTIONS.—The employer shall States farm worker wages below the levels will make efforts to transfer the United make only those deductions from the work- that would otherwise have prevailed if alien States worker to other comparable employ- er’s wages that are authorized by law or are farm workers had not been employed in the ment acceptable to the worker. If such trans- reasonable and customary in the occupation United States; fer is not effected, the employer shall pro- and area of employment. The job offer shall ‘‘(II) whether an adverse effect wage rate is vide the return transportation required in specify all deductions not required by law necessary to prevent wages of United States paragraph (2)(D). which the employer will make from the farm workers in occupations in which H–2A ‘‘(5) MOTOR VEHICLE SAFETY.— worker’s wages. workers are employed from falling below the ‘‘(A) MODE OF TRANSPORTATION SUBJECT TO ‘‘(E) FREQUENCY OF PAY.—The employer wage levels that would have prevailed in the COVERAGE.— shall pay the worker not less frequently than absence of the employment of H–2A workers ‘‘(i) IN GENERAL.—Except as provided in twice monthly, or in accordance with the in those occupations; clauses (iii) and (iv), this subsection applies prevailing practice in the area of employ- ‘‘(III) whether alternative wage standards, to any H–2A employer that uses or causes to ment, whichever is more frequent. such as a prevailing wage standard, would be be used any vehicle to transport an H–2A ‘‘(F) HOURS AND EARNINGS STATEMENTS.— sufficient to prevent wages in occupations in worker within the United States. The employer shall furnish to the worker, on which H–2A workers are employed from fall- ‘‘(ii) DEFINED TERM.—In this paragraph, the or before each payday, in 1 or more written ing below the wage level that would have term ‘uses or causes to be used’— statements— prevailed in the absence of H–2A employ- ‘‘(I) applies only to transportation pro- ‘‘(i) the worker’s total earnings for the pay ment; vided by an H–2A employer to an H–2A work- period; ‘‘(IV) whether any changes are warranted er, or by a farm labor contractor to an H–2A ‘‘(ii) the worker’s hourly rate of pay, piece in the current methodologies for calculating worker at the request or direction of an H–2A rate of pay, or both; the adverse effect wage rate and the pre- employer; and ‘‘(iii) the hours of employment which have vailing wage rate; and ‘‘(II) does not apply to— been offered to the worker (broken out by ‘‘(V) recommendations for future wage pro- ‘‘(aa) transportation provided, or transpor- hours offered in accordance with and over tection under this section. tation arrangements made, by an H–2A

VerDate Mar 15 2010 22:11 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18JA7.REC S18JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S774 CONGRESSIONAL RECORD — SENATE January 18, 2007 worker, unless the employer specifically re- surance shall not constitute a violation of comes ineligible under section 212(a)(9)(B) by quested or arranged such transportation; or the Migrant and Seasonal Agricultural virtue of unlawful presence in the United ‘‘(bb) car pooling arrangements made by H– Worker Protection Act (29 U.S.C. 1801 et States after the date of the initial waiver of 2A workers themselves, using 1 of the work- seq.). ineligibility pursuant to subparagraph (A). ers’ own vehicles, unless specifically re- ‘‘(d) COPY OF JOB OFFER.—The employer ‘‘(d) PERIOD OF ADMISSION.— quested by the employer directly or through shall provide to the worker, not later than ‘‘(1) IN GENERAL.—The alien shall be admit- a farm labor contractor. the day the work commences, a copy of the ted for the period of employment in the ap- ‘‘(iii) CLARIFICATION.—Providing a job offer employer’s application and job offer de- plication certified by the Secretary of Labor to an H–2A worker that causes the worker to scribed in section 218(a), or, if the employer pursuant to section 218(e)(2)(B), not to ex- travel to or from the place of employment, will require the worker to enter into a sepa- ceed 10 months, supplemented by a period of or the payment or reimbursement of the rate employment contract covering the em- not more than 1 week before the beginning of transportation costs of an H–2A worker by ployment in question, such separate employ- the period of employment for the purpose of an H–2A employer, shall not constitute an ment contract. travel to the worksite and a period of 14 days arrangement of, or participation in, such ‘‘(e) RANGE PRODUCTION OF LIVESTOCK.— following the period of employment for the transportation. Nothing in this section, section 218, or sec- purpose of departure or extension based on a ‘‘(iv) AGRICULTURAL MACHINERY AND EQUIP- tion 218B shall preclude the Secretary of subsequent offer of employment, except MENT EXCLUDED.—This subsection does not Labor and the Secretary from continuing to that— apply to the transportation of an H–2A work- apply special procedures and requirements to ‘‘(A) the alien is not authorized to be em- er on a tractor, combine, harvester, picker, the admission and employment of aliens in ployed during such 14-day period except in or other similar machinery or equipment occupations involving the range production the employment for which the alien was pre- while such worker is actually engaged in the of livestock. viously authorized; and planting, cultivating, or harvesting of agri- ‘‘SEC. 218B. PROCEDURE FOR ADMISSION AND EX- ‘‘(B) the total period of employment, in- cultural commodities or the care of live- TENSION OF STAY OF H–2A WORK- cluding such 14-day period, may not exceed ERS. stock or poultry or engaged in transpor- 10 months. tation incidental thereto. ‘‘(a) PETITIONING FOR ADMISSION.—An em- ployer, or an association acting as an agent ‘‘(2) CONSTRUCTION.—Nothing in this sub- ‘‘(v) COMMON CARRIERS EXCLUDED.—This section shall limit the authority of the Sec- subsection does not apply to common carrier or joint employer for its members, that seeks the admission into the United States retary to extend the stay of the alien under motor vehicle transportation in which the any other provision of this Act. provider holds itself out to the general pub- of an H–2A worker may file a petition with ‘‘(e) ABANDONMENT OF EMPLOYMENT.— lic as engaging in the transportation of pas- the Secretary. The petition shall be accom- ‘‘(1) IN GENERAL.—An alien admitted or sengers for hire and holds a valid certifi- panied by an accepted and currently valid provided status under section cation of authorization for such purposes certification provided by the Secretary of 101(a)(15)(H)(ii)(a) who abandons the employ- from an appropriate Federal, State, or local Labor under section 218(e)(2)(B) covering the ment which was the basis for such admission agency. petitioner. or status shall be considered to have failed ‘‘(B) APPLICABILITY OF STANDARDS, LICENS- ‘‘(b) EXPEDITED ADJUDICATION BY THE SEC- to maintain nonimmigrant status as an H–2A ING, AND INSURANCE REQUIREMENTS.— RETARY.—The Secretary shall establish a worker and shall depart the United States or ‘‘(i) IN GENERAL.—When using, or causing procedure for expedited adjudication of peti- to be used, any vehicle for the purpose of tions filed under subsection (a) and within 7 be subject to removal under section providing transportation to which this sub- working days shall, by fax, cable, or other 237(a)(1)(C)(i). paragraph applies, each employer shall— means assuring expedited delivery, transmit ‘‘(2) REPORT BY EMPLOYER.—The employer, ‘‘(I) ensure that each such vehicle con- a copy of notice of action on the petition to or association acting as agent for the em- forms to the standards prescribed by the Sec- the petitioner and, in the case of approved ployer, shall notify the Secretary not later retary of Labor under section 401(b) of the petitions, to the appropriate immigration of- than 7 days after an H–2A worker pre- Migrant and Seasonal Agricultural Worker ficer at the port of entry or United States maturely abandons employment. Protection Act (29 U.S.C. 1841(b)) and other consulate (as the case may be) where the pe- ‘‘(3) REMOVAL BY THE SECRETARY.—The Sec- applicable Federal and State safety stand- titioner has indicated that the alien bene- retary shall promptly remove from the ards; ficiary (or beneficiaries) will apply for a visa United States any H–2A worker who violates ‘‘(II) ensure that each driver has a valid or admission to the United States. any term or condition of the worker’s non- and appropriate license, as provided by State ‘‘(c) CRITERIA FOR ADMISSIBILITY.— immigrant status. law, to operate the vehicle; and ‘‘(1) IN GENERAL.—An H–2A worker shall be ‘‘(4) VOLUNTARY TERMINATION.—Notwith- ‘‘(III) have an insurance policy or a liabil- considered admissible to the United States if standing paragraph (1), an alien may volun- ity bond that is in effect which insures the the alien is otherwise admissible under this tarily terminate his or her employment if employer against liability for damage to per- section, section 218, and section 218A, and the alien promptly departs the United States sons or property arising from the ownership, the alien is not ineligible under paragraph upon termination of such employment. operation, or causing to be operated, of any (2). ‘‘(f) REPLACEMENT OF ALIEN.— vehicle used to transport any H–2A worker. ‘‘(2) DISQUALIFICATION.—An alien shall be ‘‘(1) IN GENERAL.—Upon presentation of the ‘‘(ii) AMOUNT OF INSURANCE REQUIRED.—The considered inadmissible to the United States notice to the Secretary required by sub- level of insurance required shall be deter- and ineligible for nonimmigrant status under section (e)(2), the Secretary of State shall mined by the Secretary of Labor pursuant to section 101(a)(15)(H)(ii)(a) if the alien has, at promptly issue a visa to, and the Secretary regulations to be issued under this sub- any time during the past 5 years— shall admit into the United States, an eligi- section. ‘‘(A) violated a material provision of this ble alien designated by the employer to re- ‘‘(iii) EFFECT OF WORKERS’ COMPENSATION section, including the requirement to place an H–2A worker— COVERAGE.—If the employer of any H–2A promptly depart the United States when the ‘‘(A) who abandons or prematurely termi- worker provides workers’ compensation cov- alien’s authorized period of admission under nates employment; or erage for such worker in the case of bodily this section has expired; or ‘‘(B) whose employment is terminated injury or death as provided by State law, the ‘‘(B) otherwise violated a term or condition after a United States worker is employed following adjustments in the requirements of of admission into the United States as a non- pursuant to section 218(b)(2)(H)(iii), if the subparagraph (B)(i)(III) relating to having an immigrant, including overstaying the period United States worker voluntarily departs be- insurance policy or liability bond apply: of authorized admission as such a non- fore the end of the period of intended em- ‘‘(I) No insurance policy or liability bond immigrant. ployment or if the employment termination shall be required of the employer, if such ‘‘(3) WAIVER OF INELIGIBILITY FOR UNLAW- is for a lawful job-related reason. workers are transported only under cir- FUL PRESENCE.— ‘‘(2) CONSTRUCTION.—Nothing in this sub- cumstances for which there is coverage ‘‘(A) IN GENERAL.—An alien who has not section is intended to limit any preference under such State law. previously been admitted into the United required to be accorded United States work- ‘‘(II) An insurance policy or liability bond States pursuant to this section, and who is ers under any other provision of this Act. shall be required of the employer for cir- otherwise eligible for admission in accord- ‘‘(g) IDENTIFICATION DOCUMENT.— cumstances under which coverage for the ance with paragraphs (1) and (2), shall not be ‘‘(1) IN GENERAL.—Each alien authorized to transportation of such workers is not pro- deemed inadmissible by virtue of section be admitted under section 101(a)(15)(H)(ii)(a) vided under such State law. 212(a)(9)(B). If an alien described in the pre- shall be provided an identification and em- ‘‘(c) COMPLIANCE WITH LABOR LAWS.—An ceding sentence is present in the United ployment eligibility document to verify eli- employer shall assure that, except as other- States, the alien may apply from abroad for gibility for employment in the United States wise provided in this section, the employer H–2A status, but may not be granted that and verify the alien’s identity. will comply with all applicable Federal, status in the United States. ‘‘(2) REQUIREMENTS.—No identification and State, and local labor laws, including laws ‘‘(B) MAINTENANCE OF WAIVER.—An alien employment eligibility document may be affecting migrant and seasonal agricultural provided an initial waiver of ineligibility issued which does not meet the following re- workers, with respect to all United States pursuant to subparagraph (A) shall remain quirements: workers and alien workers employed by the eligible for such waiver unless the alien vio- ‘‘(A) The document shall be capable of reli- employer, except that a violation of this as- lates the terms of this section or again be- ably determining whether—

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‘‘(i) the individual with the identification ‘‘(A) MAXIMUM PERIOD.—The maximum status to that of an alien lawfully admitted and employment eligibility document whose continuous period of authorized status as an for permanent residence. eligibility is being verified is in fact eligible H–2A worker (including any extensions) is 3 ‘‘(6) CONSTRUCTION.—Nothing in this sub- for employment; years. section shall be construed to prevent an eli- ‘‘(ii) the individual whose eligibility is ‘‘(B) REQUIREMENT TO REMAIN OUTSIDE THE gible alien from seeking adjustment of sta- being verified is claiming the identity of an- UNITED STATES.— tus in accordance with any other provision other person; and ‘‘(i) IN GENERAL.—Subject to clause (ii), in of law. ‘‘(iii) the individual whose eligibility is the case of an alien outside the United ‘‘SEC. 218C. WORKER PROTECTIONS AND LABOR being verified is authorized to be admitted States whose period of authorized status as STANDARDS ENFORCEMENT. into, and employed in, the United States as an H–2A worker (including any extensions) ‘‘(a) ENFORCEMENT AUTHORITY.— an H–2A worker. has expired, the alien may not again apply ‘‘(1) INVESTIGATION OF COMPLAINTS.— ‘‘(B) The document shall be in a form that for admission to the United States as an H– ‘‘(A) AGGRIEVED PERSON OR THIRD-PARTY is resistant to counterfeiting and to tam- 2A worker unless the alien has remained out- COMPLAINTS.—The Secretary of Labor shall pering. side the United States for a continuous pe- establish a process for the receipt, investiga- ‘‘(C) The document shall— riod equal to at least 1⁄5 the duration of the tion, and disposition of complaints respect- ‘‘(i) be compatible with other databases of alien’s previous period of authorized status ing a petitioner’s failure to meet a condition the Secretary for the purpose of excluding as an H–2A worker (including any exten- specified in section 218(b), or an employer’s aliens from benefits for which they are not sions). misrepresentation of material facts in an ap- eligible and determining whether the alien is ‘‘(ii) EXCEPTION.—Clause (i) shall not apply plication under section 218(a). Complaints unlawfully present in the United States; and in the case of an alien if the alien’s period of may be filed by any aggrieved person or or- ‘‘(ii) be compatible with law enforcement authorized status as an H–2A worker (includ- ganization (including bargaining representa- databases to determine if the alien has been ing any extensions) was for a period of not tives). No investigation or hearing shall be convicted of criminal offenses. more than 10 months and such alien has been conducted on a complaint concerning such a ‘‘(h) EXTENSION OF STAY OF H–2A ALIENS IN outside the United States for at least 2 failure or misrepresentation unless the com- THE UNITED STATES.— months during the 12 months preceding the plaint was filed not later than 12 months ‘‘(1) EXTENSION OF STAY.—If an employer date the alien again is applying for admis- after the date of the failure, or misrepresen- seeks approval to employ an H–2A alien who sion to the United States as an H–2A worker. tation, respectively. The Secretary of Labor is lawfully present in the United States, the ‘‘(i) SPECIAL RULES FOR ALIENS EMPLOYED shall conduct an investigation under this petition filed by the employer or an associa- AS SHEEPHERDERS, GOAT HERDERS, OR DAIRY subparagraph if there is reasonable cause to tion pursuant to subsection (a), shall request WORKERS.—Notwithstanding any provision of believe that such a failure or misrepresenta- an extension of the alien’s stay and a change the Agricultural Job Opportunities, Benefits, tion has occurred. in the alien’s employment. and Security Act of 2007, an alien admitted ‘‘(B) DETERMINATION ON COMPLAINT.—Under ‘‘(2) LIMITATION ON FILING A PETITION FOR under section 101(a)(15)(H)(ii)(a) for employ- such process, the Secretary of Labor shall EXTENSION OF STAY.—A petition may not be ment as a sheepherder, goat herder, or dairy provide, within 30 days after the date such a filed for an extension of an alien’s stay— worker— complaint is filed, for a determination as to ‘‘(A) for a period of more than 10 months; ‘‘(1) may be admitted for an initial period whether or not a reasonable basis exists to or of 12 months; make a finding described in subparagraph ‘‘(B) to a date that is more than 3 years ‘‘(2) subject to subsection (j)(5), may have (C), (D), (E), or (G). If the Secretary of Labor after the date of the alien’s last admission to such initial period of admission extended for determines that such a reasonable basis ex- the United States under this section. a period of up to 3 years; and ists, the Secretary of Labor shall provide for ‘‘(3) WORK AUTHORIZATION UPON FILING A PE- ‘‘(3) shall not be subject to the require- notice of such determination to the inter- TITION FOR EXTENSION OF STAY.— ments of subsection (h)(5) (relating to peri- ested parties and an opportunity for a hear- ‘‘(A) IN GENERAL.—An alien who is lawfully ods of absence from the United States). ing on the complaint, in accordance with present in the United States may commence ‘‘(j) ADJUSTMENT TO LAWFUL PERMANENT section 556 of title 5, United States Code, the employment described in a petition RESIDENT STATUS FOR ALIENS EMPLOYED AS within 60 days after the date of the deter- under paragraph (1) on the date on which the SHEEPHERDERS, GOAT HERDERS, OR DAIRY mination. If such a hearing is requested, the petition is filed. WORKERS.— Secretary of Labor shall make a finding con- ‘‘(B) DEFINITION.—For purposes of subpara- ‘‘(1) ELIGIBLE ALIEN.—For purposes of this cerning the matter not later than 60 days graph (A), the term ‘file’ means sending the subsection, the term ‘eligible alien’ means after the date of the hearing. In the case of petition by certified mail via the United an alien— similar complaints respecting the same ap- States Postal Service, return receipt re- ‘‘(A) having nonimmigrant status under plicant, the Secretary of Labor may consoli- quested, or delivered by guaranteed commer- section 101(a)(15)(H)(ii)(a) based on employ- date the hearings under this subparagraph cial delivery which will provide the employer ment as a sheepherder, goat herder, or dairy on such complaints. with a documented acknowledgment of the worker; ‘‘(C) FAILURES TO MEET CONDITIONS.—If the date of receipt of the petition. ‘‘(B) who has maintained such non- Secretary of Labor finds, after notice and op- ‘‘(C) HANDLING OF PETITION.—The employer immigrant status in the United States for a portunity for a hearing, a failure to meet a shall provide a copy of the employer’s peti- cumulative total of 36 months (excluding any condition of paragraph (1)(A), (1)(B), (1)(D), tion to the alien, who shall keep the petition period of absence from the United States); (1)(F), (2)(A), (2)(B), or (2)(G) of section with the alien’s identification and employ- and 218(b), a substantial failure to meet a condi- ment eligibility document as evidence that ‘‘(C) who is seeking to receive an immi- tion of paragraph (1)(C), (1)(E), (2)(C), (2)(D), the petition has been filed and that the alien grant visa under section 203(b)(3)(A)(iii). (2)(E), or (2)(H) of section 218(b), or a mate- is authorized to work in the United States. ‘‘(2) CLASSIFICATION PETITION.—In the case rial misrepresentation of fact in an applica- ‘‘(D) APPROVAL OF PETITION.—Upon ap- of an eligible alien, the petition under sec- tion under section 218(a)— proval of a petition for an extension of stay tion 204 for classification under section ‘‘(i) the Secretary of Labor shall notify the or change in the alien’s authorized employ- 203(b)(3)(A)(iii) may be filed by— Secretary of such finding and may, in addi- ment, the Secretary shall provide a new or ‘‘(A) the alien’s employer on behalf of the tion, impose such other administrative rem- updated employment eligibility document to eligible alien; or edies (including civil money penalties in an the alien indicating the new validity date, ‘‘(B) the eligible alien. amount not to exceed $1,000 per violation) as after which the alien is not required to re- ‘‘(3) NO LABOR CERTIFICATION REQUIRED.— the Secretary of Labor determines to be ap- tain a copy of the petition. Notwithstanding section 203(b)(3)(C), no de- propriate; and ‘‘(4) LIMITATION ON EMPLOYMENT AUTHOR- termination under section 212(a)(5)(A) is re- ‘‘(ii) the Secretary may disqualify the em- IZATION OF ALIENS WITHOUT VALID IDENTIFICA- quired with respect to an immigrant visa de- ployer from the employment of aliens de- TION AND EMPLOYMENT ELIGIBILITY DOCU- scribed in paragraph (1)(C) for an eligible scribed in section 101(a)(15)(H)(ii)(a) for a pe- MENT.—An expired identification and em- alien. riod of 1 year. ployment eligibility document, together ‘‘(4) EFFECT OF PETITION.—The filing of a ‘‘(D) WILLFUL FAILURES AND WILLFUL MIS- with a copy of a petition for extension of petition described in paragraph (2) or an ap- REPRESENTATIONS.—If the Secretary of Labor stay or change in the alien’s authorized em- plication for adjustment of status based on finds, after notice and opportunity for hear- ployment that complies with the require- the approval of such a petition shall not con- ing, a willful failure to meet a condition of ments of paragraph (1), shall constitute a stitute evidence of an alien’s ineligibility for section 218(b), a willful misrepresentation of valid work authorization document for a pe- nonimmigrant status under section a material fact in an application under sec- riod of not more than 60 days beginning on 101(a)(15)(H)(ii)(a). tion 218(a), or a violation of subsection the date on which such petition is filed, after ‘‘(5) EXTENSION OF STAY.—The Secretary (d)(1)— which time only a currently valid identifica- shall extend the stay of an eligible alien hav- ‘‘(i) the Secretary of Labor shall notify the tion and employment eligibility document ing a pending or approved classification peti- Secretary of such finding and may, in addi- shall be acceptable. tion described in paragraph (2) in 1-year in- tion, impose such other administrative rem- ‘‘(5) LIMITATION ON AN INDIVIDUAL’S STAY IN crements until a final determination is made edies (including civil money penalties in an STATUS.— on the alien’s eligibility for adjustment of amount not to exceed $5,000 per violation) as

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WORKERS.—If the Secretary of Labor finds, Mediation and Conciliation Service to assist ‘‘(B) Any civil action brought under this after notice and opportunity for hearing, a the parties in reaching a satisfactory resolu- section shall be subject to appeal as provided willful failure to meet a condition of section tion of all issues involving all parties to the in chapter 83 of title 28, United States Code. 218(b) or a willful misrepresentation of a ma- dispute. Upon a filing of such request and ‘‘(7) WORKERS’ COMPENSATION BENEFITS; EX- terial fact in an application under section giving of notice to the parties, the parties CLUSIVE REMEDY.— 218(a), in the course of which failure or mis- shall attempt mediation within the period ‘‘(A) Notwithstanding any other provision of this section, where a State’s workers’ representation the employer displaced a specified in subparagraph (B). compensation law is applicable and coverage United States worker employed by the em- ‘‘(A) MEDIATION SERVICES.—The Federal is provided for an H–2A worker, the workers’ ployer during the period of employment on Mediation and Conciliation Service shall be compensation benefits shall be the exclusive the employer’s application under section available to assist in resolving disputes aris- remedy for the loss of such worker under 218(a) or during the period of 30 days pre- ing under subsection (b) between H–2A work- this section in the case of bodily injury or ceding such period of employment— ers and agricultural employers without death in accordance with such State’s work- ‘‘(i) the Secretary of Labor shall notify the charge to the parties. ers’ compensation law. Secretary of such finding and may, in addi- ‘‘(B) 90-DAY LIMIT.—The Federal Mediation ‘‘(B) The exclusive remedy prescribed in tion, impose such other administrative rem- and Conciliation Service may conduct medi- subparagraph (A) precludes the recovery edies (including civil money penalties in an ation or other nonbinding dispute resolution under paragraph (6) of actual damages for amount not to exceed $15,000 per violation) activities for a period not to exceed 90 days as the Secretary of Labor determines to be loss from an injury or death but does not beginning on the date on which the Federal preclude other equitable relief, except that appropriate; and Mediation and Conciliation Service receives ‘‘(ii) the Secretary may disqualify the em- such relief shall not include back or front the request for assistance unless the parties pay or in any manner, directly or indirectly, ployer from the employment of H–2A work- agree to an extension of this period of time. ers for a period of 3 years. expand or otherwise alter or affect— ‘‘(C) AUTHORIZATION.— ‘‘(i) a recovery under a State workers’ ‘‘(F) LIMITATIONS ON CIVIL MONEY PEN- ‘‘(i) IN GENERAL.—Subject to clause (ii), compensation law; or ALTIES.—The Secretary of Labor shall not there are authorized to be appropriated to ‘‘(ii) rights conferred under a State work- impose total civil money penalties with re- the Federal Mediation and Conciliation spect to an application under section 218(a) ers’ compensation law. Service $500,000 for each fiscal year to carry OLLING OF STATUTE OF LIMITATIONS.— in excess of $90,000. ‘‘(8) T out this section. If it is determined under a State workers’ ‘‘(G) FAILURES TO PAY WAGES OR REQUIRED ‘‘(ii) MEDIATION.—Notwithstanding any compensation law that the workers’ com- BENEFITS.—If the Secretary of Labor finds, other provision of law, the Director of the pensation law is not applicable to a claim for after notice and opportunity for a hearing, Federal Mediation and Conciliation Service bodily injury or death of an H–2A worker, that the employer has failed to pay the is authorized to conduct the mediation or the statute of limitations for bringing an ac- wages, or provide the housing allowance, other dispute resolution activities from any tion for actual damages for such injury or transportation, subsistence reimbursement, other appropriated funds available to the Di- death under subsection (c) shall be tolled for or guarantee of employment, required under rector and to reimburse such appropriated the period during which the claim for such section 218A(b), the Secretary of Labor shall funds when the funds are appropriated pursu- injury or death under such State workers’ assess payment of back wages, or other re- ant to this authorization, such reimburse- compensation law was pending. The statute quired benefits, due any United States work- ment to be credited to appropriations cur- of limitations for an action for actual dam- er or H–2A worker employed by the employer rently available at the time of receipt. ages or other equitable relief arising out of in the specific employment in question. The ‘‘(2) MAINTENANCE OF CIVIL ACTION IN DIS- the same transaction or occurrence as the back wages or other required benefits under TRICT COURT BY AGGRIEVED PERSON.—An H–2A injury or death of the H–2A worker shall be section 218A(b) shall be equal to the dif- worker aggrieved by a violation of rights en- tolled for the period during which the claim ference between the amount that should forceable under subsection (b) by an agricul- for such injury or death was pending under have been paid and the amount that actually tural employer or other person may file suit the State workers’ compensation law. was paid to such worker. in any district court of the United States ‘‘(9) PRECLUSIVE EFFECT.—Any settlement ‘‘(2) STATUTORY CONSTRUCTION.—Nothing in having jurisdiction over the parties, without by an H–2A worker and an H–2A employer or this section shall be construed as limiting regard to the amount in controversy, with- any person reached through the mediation the authority of the Secretary of Labor to out regard to the citizenship of the parties, process required under subsection (c)(1) shall conduct any compliance investigation under and without regard to the exhaustion of any preclude any right of action arising out of any other labor law, including any law af- alternative administrative remedies under the same facts between the parties in any fecting migrant and seasonal agricultural this Act, not later than 3 years after the date Federal or State court or administrative pro- workers, or, in the absence of a complaint the violation occurs. ceeding, unless specifically provided other- under this section, under section 218 or 218A. ‘‘(3) ELECTION.—An H–2A worker who has wise in the settlement agreement. ‘‘(b) RIGHTS ENFORCEABLE BY PRIVATE filed an administrative complaint with the ‘‘(10) SETTLEMENTS.—Any settlement by RIGHT OF ACTION.—H–2A workers may en- Secretary of Labor may not maintain a civil the Secretary of Labor with an H–2A em- force the following rights through the pri- action under paragraph (2) unless a com- ployer on behalf of an H–2A worker of a com- vate right of action provided in subsection plaint based on the same violation filed with plaint filed with the Secretary of Labor (c), and no other right of action shall exist the Secretary of Labor under subsection under this section or any finding by the Sec- under Federal or State law to enforce such (a)(1) is withdrawn before the filing of such retary of Labor under subsection (a)(1)(B) rights: action, in which case the rights and remedies shall preclude any right of action arising out ‘‘(1) The providing of housing or a housing available under this subsection shall be ex- of the same facts between the parties under allowance as required under section clusive. any Federal or State court or administrative 218A(b)(1). ‘‘(4) PREEMPTION OF STATE CONTRACT proceeding, unless specifically provided oth- ‘‘(2) The reimbursement of transportation RIGHTS.—Nothing in this Act shall be con- erwise in the settlement agreement. as required under section 218A(b)(2). strued to diminish the rights and remedies of ‘‘(d) DISCRIMINATION PROHIBITED.— ‘‘(3) The payment of wages required under an H–2A worker under any other Federal or ‘‘(1) IN GENERAL.—It is a violation of this section 218A(b)(3) when due. State law or regulation or under any collec- subsection for any person who has filed an ‘‘(4) The benefits and material terms and tive bargaining agreement, except that no application under section 218(a), to intimi- conditions of employment expressly provided court or administrative action shall be avail- date, threaten, restrain, coerce, blacklist, in the job offer described in section 218(a)(2), able under any State contract law to enforce discharge, or in any other manner discrimi- not including the assurance to comply with the rights created by this Act. nate against an employee (which term, for other Federal, State, and local labor laws de- ‘‘(5) WAIVER OF RIGHTS PROHIBITED.—Agree- purposes of this subsection, includes a scribed in section 218A(c), compliance with ments by employees purporting to waive or former employee and an applicant for em- which shall be governed by the provisions of modify their rights under this Act shall be ployment) because the employee has dis- such laws. void as contrary to public policy, except that closed information to the employer, or to ‘‘(5) The guarantee of employment required a waiver or modification of the rights or ob- any other person, that the employee reason- under section 218A(b)(4). ligations in favor of the Secretary of Labor ably believes evidences a violation of section ‘‘(6) The motor vehicle safety requirements shall be valid for purposes of the enforce- 218 or 218A or any rule or regulation per- under section 218A(b)(5). ment of this Act. The preceding sentence taining to section 218 or 218A, or because the

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employee cooperates or seeks to cooperate in ‘‘(3) DISPLACE.—The term ‘displace’, in the (b) TABLE OF CONTENTS.—The table of con- an investigation or other proceeding con- case of an application with respect to 1 or tents of the Immigration and Nationality cerning the employer’s compliance with the more H–2A workers by an employer, means Act (8 U.S.C. 1101 et seq.) is amended by requirements of section 218 or 218A or any laying off a United States worker from a job striking the item relating to section 218 and rule or regulation pertaining to either of for which the H–2A worker or workers is or inserting the following: such sections. are sought. ‘‘Sec. 218. H–2A employer applications. ‘‘(2) DISCRIMINATION AGAINST H–2A WORK- ‘‘(4) ELIGIBLE.—The term ‘eligible’, when ‘‘Sec. 218A. H–2A employment requirements. ERS.—It is a violation of this subsection for used with respect to an individual, means an ‘‘Sec. 218B. Procedure for admission and ex- any person who has filed an application individual who is not an unauthorized alien tension of stay of H–2A work- under section 218(a), to intimidate, threaten, (as defined in section 274A). ers. ‘‘Sec. 218C. Worker protections and labor restrain, coerce, blacklist, discharge, or in ‘‘(5) EMPLOYER.—The term ‘employer’ any manner discriminate against an H–2A means any person or entity, including any standards enforcement. ‘‘Sec. 218D. Definitions.’’. employee because such worker has, with just farm labor contractor and any agricultural cause, filed a complaint with the Secretary association, that employs workers in agri- TITLE III—MISCELLANEOUS PROVISIONS of Labor regarding a denial of the rights enu- cultural employment. SEC. 301. DETERMINATION AND USE OF USER merated and enforceable under subsection (b) ‘‘(6) H–2A EMPLOYER.—The term ‘H–2A em- FEES. or instituted, or caused to be instituted, a ployer’ means an employer who seeks to hire (a) SCHEDULE OF FEES.—The Secretary private right of action under subsection (c) 1 or more nonimmigrant aliens described in shall establish and periodically adjust a regarding the denial of the rights enumer- section 101(a)(15)(H)(ii)(a). schedule of fees for the employment of aliens ated under subsection (b), or has testified or pursuant to the amendment made by section ‘‘(7) H–2A WORKER.—The term ‘H–2A work- is about to testify in any court proceeding 201(a) of this Act and a collection process for er’ means a nonimmigrant described in sec- brought under subsection (c). such fees from employers. Such fees shall be tion 101(a)(15)(H)(ii)(a). ‘‘(e) AUTHORIZATION TO SEEK OTHER APPRO- the only fees chargeable to employers for ‘‘(8) JOB OPPORTUNITY.—The term ‘job op- PRIATE EMPLOYMENT.—The Secretary of services provided under such amendment. Labor and the Secretary shall establish a portunity’ means a job opening for tem- (b) DETERMINATION OF SCHEDULE.— process under which an H–2A worker who porary or seasonal full-time employment at (1) IN GENERAL.—The schedule under sub- files a complaint regarding a violation of a place in the United States to which United section (a) shall reflect a fee rate based on subsection (d) and is otherwise eligible to re- States workers can be referred. the number of job opportunities indicated in main and work in the United States may be ‘‘(9) LAYING OFF.— the employer’s application under section 218 allowed to seek other appropriate employ- ‘‘(A) IN GENERAL.—The term ‘laying off’, of the Immigration and Nationality Act, as ment in the United States for a period not to with respect to a worker— amended by section 201 of this Act, and suffi- exceed the maximum period of stay author- ‘‘(i) means to cause the worker’s loss of cient to provide for the direct costs of pro- ized for such nonimmigrant classification. employment, other than through a discharge viding services related to an employer’s au- ‘‘(f) ROLE OF ASSOCIATIONS.— for inadequate performance, violation of thorization to employ aliens pursuant to the ‘‘(1) VIOLATION BY A MEMBER OF AN ASSOCIA- workplace rules, cause, voluntary departure, amendment made by section 201(a) of this TION.—An employer on whose behalf an ap- voluntary retirement, contract impossibility Act, to include the certification of eligible plication is filed by an association acting as (as described in section 218A(b)(4)(D)), or employers, the issuance of documentation, its agent is fully responsible for such appli- temporary suspension of employment due to and the admission of eligible aliens. cation, and for complying with the terms weather, markets, or other temporary condi- (2) PROCEDURE.— and conditions of sections 218 and 218A, as tions; but (A) IN GENERAL.—In establishing and ad- though the employer had filed the applica- ‘‘(ii) does not include any situation in justing such a schedule, the Secretary shall tion itself. If such an employer is deter- which the worker is offered, as an alter- comply with Federal cost accounting and fee mined, under this section, to have com- native to such loss of employment, a similar setting standards. mitted a violation, the penalty for such vio- employment opportunity with the same em- (B) PUBLICATION AND COMMENT.—The Sec- lation shall apply only to that member of ployer (or, in the case of a placement of a retary shall publish in the Federal Register the association unless the Secretary of worker with another employer under section an initial fee schedule and associated collec- Labor determines that the association or 218(b)(2)(E), with either employer described tion process and the cost data or estimates other member participated in, had knowl- in such section) at equivalent or higher com- upon which such fee schedule is based, and edge, or reason to know, of the violation, in pensation and benefits than the position any subsequent amendments thereto, pursu- which case the penalty shall be invoked from which the employee was discharged, re- ant to which public comment shall be sought against the association or other association gardless of whether or not the employee ac- and a final rule issued. member as well. cepts the offer. (c) USE OF PROCEEDS.—Notwithstanding ‘‘(2) VIOLATIONS BY AN ASSOCIATION ACTING ‘‘(B) STATUTORY CONSTRUCTION.—Nothing any other provision of law, all proceeds re- AS AN EMPLOYER.—If an association filing an in this paragraph is intended to limit an em- sulting from the payment of the fees pursu- application as a sole or joint employer is de- ployee’s rights under a collective bargaining ant to the amendment made by section 201(a) termined to have committed a violation agreement or other employment contract. of this Act shall be available without further under this section, the penalty for such vio- ‘‘(10) REGULATORY DROUGHT.—The term appropriation and shall remain available lation shall apply only to the association un- ‘regulatory drought’ means a decision subse- without fiscal year limitation to reimburse less the Secretary of Labor determines that quent to the filing of the application under the Secretary, the Secretary of State, and an association member or members partici- section 218 by an entity not under the con- the Secretary of Labor for the costs of car- pated in or had knowledge, or reason to trol of the employer making such filing rying out sections 218 and 218B of the Immi- know of the violation, in which case the pen- which restricts the employer’s access to gration and Nationality Act, as amended and alty shall be invoked against the association water for irrigation purposes and reduces or added, respectively, by section 201 of this member or members as well. limits the employer’s ability to produce an Act, and the provisions of this Act. ‘‘SEC. 218D. DEFINITIONS. agricultural commodity, thereby reducing SEC. 302. REGULATIONS. ‘‘For purposes of this section and section the need for labor. (a) REQUIREMENT FOR THE SECRETARY TO 218, 218A, 218B, and 218C: ‘‘(11) SEASONAL.—Labor is performed on a CONSULT.—The Secretary shall consult with ‘‘(1) AGRICULTURAL EMPLOYMENT.—The ‘seasonal’ basis if— the Secretary of Labor and the Secretary of term ‘agricultural employment’ means any ‘‘(A) ordinarily, it pertains to or is of the Agriculture during the promulgation of all service or activity that is considered to be kind exclusively performed at certain sea- regulations to implement the duties of the agricultural under section 3(f) of the Fair sons or periods of the year; and Secretary under this Act and the amend- Labor Standards Act of 1938 (29 U.S.C. 203(f)) ‘‘(B) from its nature, it may not be contin- ments made by this Act. (b) REQUIREMENT FOR THE SECRETARY OF or agricultural labor under section 3121(g) of uous or carried on throughout the year. STATE TO CONSULT.—The Secretary of State the Internal Revenue Code of 1986 or the per- ‘‘(12) SECRETARY.—Except as otherwise pro- shall consult with the Secretary, the Sec- formance of agricultural labor or services de- vided, the term ‘Secretary’ means the Sec- retary of Labor, and the Secretary of Agri- scribed in section 101(a)(15)(H)(ii)(a). retary of Homeland Security. culture on all regulations to implement the ‘‘(2) BONA FIDE UNION.—The term ‘bona fide ‘‘(13) TEMPORARY.—A worker is employed duties of the Secretary of State under this union’ means any organization in which em- on a ‘temporary’ basis where the employ- Act and the amendments made by this Act. ployees participate and which exists for the ment is intended not to exceed 10 months. (c) REQUIREMENT FOR THE SECRETARY OF purpose of dealing with employers con- ‘‘(14) UNITED STATES WORKER.—The term LABOR TO CONSULT.—The Secretary of Labor cerning grievances, labor disputes, wages, ‘United States worker’ means any worker, shall consult with the Secretary of Agri- rates of pay, hours of employment, or other whether a national of the United States, an culture and the Secretary on all regulations terms and conditions of work for agricul- alien lawfully admitted for permanent resi- to implement the duties of the Secretary of tural employees. Such term does not include dence, or any other alien, who is authorized Labor under this Act and the amendments an organization formed, created, adminis- to work in the job opportunity within the made by this Act. tered, supported, dominated, financed, or United States, except an alien admitted or (d) DEADLINE FOR ISSUANCE OF REGULA- controlled by an employer or employer asso- otherwise provided status under section TIONS.—All regulations to implement the du- ciation or its agents or representatives. 101(a)(15)(H)(ii)(a).’’. ties of the Secretary, the Secretary of State,

VerDate Mar 15 2010 22:11 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18JA7.REC S18JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S778 CONGRESSIONAL RECORD — SENATE January 18, 2007 and the Secretary of Labor created under Opportunity, Benefits, and Security Security Act of 2007. I commend them sections 218, 218A, 218B, 218C, and 218D of the Act. This bill was part of the com- and Representatives HOWARD BERMAN Immigration and Nationality Act, as amend- prehensive immigration legislation and CHRIS CANNON for their bipartisan ed or added by section 201 of this Act, shall passed last year by the Senate. Today’s leadership and am pleased to be part to take effect on the effective date of section this landmark legislation. 201 and shall be issued not later than 1 year version incorporates a few language after the date of enactment of this Act. changes that update, but do not sub- The bill reflects a far-reaching and welcome agreement between the SEC. 303. REPORTS TO CONGRESS. stantively amend, that measure. United Farm Workers and the agricul- (a) ANNUAL REPORT.—Not later than Sep- We are reintroducing AgJOBS to fix tember 30 of each year, the Secretary shall the serious flaws that plague our coun- tural industry, one of the most dif- submit a report to Congress that identifies, try’s current agricultural labor sys- ficult immigration challenges we face, for the previous year— tem. Agriculture has unique workforce and we in Congress should make the (1) the number of job opportunities ap- needs because of the special nature of most of this unique opportunity for proved for employment of aliens admitted its products and production, and our progress. under section 101(a)(15)(H)(ii)(a) of the Immi- bill addresses those needs. America has a proud tradition as a gration and Nationality Act (8 U.S.C. Our bill offers a thoughtful, thor- nation of immigrants and a nation of 1101(a)(15)(H)(ii)(a)), and the number of work- ough, two-step solution. On a one-time laws. But our current immigration ers actually admitted, disaggregated by laws have failed us on both counts. State and by occupation; basis, experienced, trusted workers (2) the number of such aliens reported to with a significant work history in Much of the Nation’s economy today have abandoned employment pursuant to American agriculture would be allowed depends on the hard work and the subsection 218B(e)(2) of such Act; to stay here legally and earn adjust- many contributions of immigrants. (3) the number of such aliens who departed ment to legal status. For workers and The agricultural industry would grind the United States within the period specified growers using the H–2A legal guest to a halt without immigrant farm in subsection 218B(d) of such Act; worker program, that program would workers. Yet, the overwhelming major- (4) the number of aliens who applied for ad- be overhauled and made more stream- ity of these workers lack legal status, justment of status pursuant to section 101(a); and thus can be easily exploited by un- (5) the number of such aliens whose status lined, practical, and secure. This legislation has been tested and scrupulous employers. was adjusted under section 101(a); The Agricultural Jobs, Opportunity, (6) the number of aliens who applied for examined for years in the Senate and permanent residence pursuant to section House of Representatives, and it re- Benefits, and Security Act—AgJOBS— 103(c); and mains the best alternative for resolv- is an opportunity to correct these long- (7) the number of such aliens who were ap- ing urgent problems in our agriculture festering problems. It will give farm proved for permanent residence pursuant that require immediate attention. That workers and their families the dignity section 103(c). is why AgJOBS has been endorsed by a and justice they deserve, and it will (b) IMPLEMENTATION REPORT.—Not later give agricultural employees a legal historic, broad-based coalition of more than 180 days after the date of the enactment workforce. than 400 national, State, and local or- of this Act, the Secretary shall prepare and This compromise has broad support submit to Congress a report that describes ganizations, including farmworkers, in Congress, and from business and the measures being taken and the progress growers, the general business commu- made in implementing this Act. labor, civic and faith-based organiza- nity, Latino and immigration issue tions, liberals and conservatives, trade SEC. 304. EFFECTIVE DATE. groups, taxpayer groups, other public Except as otherwise provided, sections 201 associations and immigrant rights interest organizations, State directors groups. and 301 shall take effect 1 year after the date of agriculture, and religious groups. of the enactment of this Act. The AgJOBS Act is a needed reform We all want and need a stable, pre- in our immigration laws, to reflect cur- Mr. CRAIG. Mr. President, the last dictable, legal workforce in American rent economic realities, address our se- Congress worked long and hard to re- agriculture. Willing American workers curity needs more effectively, and do solve one of the most contentious deserve a system that puts them first so in a way that respects America’s im- issues of our time: immigration. As in line for available jobs with fair mar- migrant heritage. It provides a fair and many of our colleagues know, while a ket wages. All workers should receive reasonable way for undocumented agri- number of border enforcement meas- decent treatment and protection of cultural workers to earn legal status ures were enacted, we did not complete fundamental legal rights. Consumers and also reforms the current visa pro- all the critical elements of a com- deserve a safe, stable, domestic food gram, so that employers unable to find prehensive strategy on immigration re- supply. American citizens and tax- American workers can hire needed for- form. payers deserve secure borders and a eign workers. Together they serve as Today, I am joining with Senators government that works. the cornerstone for comprehensive im- FEINSTEIN, KENNEDY, SPECTER, LEAHY, AgJOBS would serve all these goals. migration reform of the agricultural MARTINEZ, VOINOVICH, MCCAIN, HAGEL, Last year, we saw millions of dollars’ sector. DOMENICI, BOXER, CLINTON, OBAMA, worth of produce rot in the fields for AgJOBS is good for labor and busi- KOHL, SALAZAR, MURRAY, and SCHUMER lack of workers. We are beginning to ness. The Nation can no longer ignore in reintroducing legislation to address hear talk of farms moving out of the the fact that more than half of our ag- a very important piece of that unfin- country, moving to the foreign work- ricultural workers are undocumented. ished business: the establishment of a force. All Americans face the danger of Growers need an immediate, reliable workable, secure, effective temporary losing more and more of our safe, do- and legal workforce at harvest time. worker program to match willing for- mestic food supply to imports. Farm workers need legal status to im- eign workers with jobs that Americans Time is running out for American ag- prove their wages and working condi- are unwilling or unable to perform. riculture, farmworkers, and consumers. tions. Everyone is harmed when crops Our legislation is specific to U.S. ag- What was a problem years ago is a cri- rot in the field because of the lack of riculture, because this economic sec- sis today and will be a catastrophe if an adequate labor force. tor, more than any other, has become we do not act immediately. I urge my The AgJOBS Act provides a fair and dependent for its existence on the labor colleagues to demonstrate their sup- reasonable process for undocumented of immigrants who are here without port for U.S. agriculture by cospon- agricultural workers to earn legal sta- legal documentation. The only pro- soring the Agricultural Job Oppor- tus. Undocumented farm workers are gram currently in place to respond to a tunity, Benefits, and Security Act— clearly vulnerable to abuse by unscru- lack of legal domestic agricultural AgJOBS 2007—and by helping us pass pulous labor contractors and growers, workers, the H–2A Guest Worker Pro- this critical legislation as soon as pos- and their illegal status deprives them gram, is profoundly broken. Outside of sible. of bargaining power and depresses the H–2A, farm employers have no effec- Mr. KENNEDY. Mr. President, it’s a wages of all farm workers. Our bill pro- tive, reliable assurance that their em- privilege to join Senators FEINSTEIN vides fair solutions for undocumented ployees are legal. and CRAIG and my other colleagues workers who have been toiling in our The bill we are reintroducing is today as we re-introduce the Agricul- fields, harvesting our fruits and vegeta- called AgJOBS—the Agricultural Job tural Jobs, Opportunity, Benefits, and bles.

VerDate Mar 15 2010 22:11 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18JA7.REC S18JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 18, 2007 CONGRESSIONAL RECORD — SENATE S779 The bill is not an amnesty. To earn SUBMITTED RESOLUTIONS olution; which was referred to the the right to remain in this country, Committee on Foreign Relations: workers would not only have to dem- S. RES. 34 onstrate past work contributions to SENATE RESOLUTION 33—EX- Whereas global terrorist networks, includ- the U.S. economy, but also make a sub- PRESSING THE SENSE OF THE ing the al Qaeda organization that attacked stantial future work commitment. SENATE THAT THE UNITED the United States on September 11, 2001, con- These workers will be able to come for- STATES SHOULD EXPAND ITS tinue to threaten the security of the United ward, identify themselves, provide evi- RELATIONSHIP WITH THE RE- States and are recruiting new members and developing the capability and plans to at- dence that they have been employed in PUBLIC OF GEORGIA BY COM- MENCING NEGOTIATIONS TO tack the United States and its allies agriculture, and continue to work hard throughout the world; and play by the rules. ENTER INTO A FREE TRADE Whereas a democratic, stable, and pros- AGREEMENT The legislation will also modify the perous Afghanistan is a vital security inter- current temporary foreign agricultural Mr. LUGAR submitted the following est of the United States; Whereas stability in Afghanistan is being worker program, while preserving and resolution; which was referred to the Committee on Finance: threatened by antigovernment and Taliban enhancing key labor protections. It forces that seek to disrupt political and eco- strikes a fair balance and streamlines S. RES. 33 nomic developments throughout the coun- the H–2A program’s application process Whereas, in the November 2003 Rose Revo- try; by reducing paperwork for employers lution, the people of the Republic of Georgia Whereas Osama Bin Laden and Ayman al- and accelerate processing. But individ- protested fraudulent elections in a non-vio- Zawahiri, the leaders of al Qaeda, are still at uals participating in the program re- lent manner and demanded a fair election, large and are reportedly hiding somewhere in resulting in a democratically elected new the Afghanistan-Pakistan border region; ceive strong labor protections. Any- government; Whereas, according to United States mili- thing else would undermine the jobs, Whereas, based on commitments to main- tary intelligence officials— wages and working conditions of U.S. tain an open economy and adhere to free (1) Taliban attacks on United States, al- workers. trade principles including the reduction and lied, and Afghan forces increased from 1,558 elimination of trade barriers, Georgia was in 2005 to 4,542 in 2006; This legislation would unify families. (2) suicide bomb attacks in Afghanistan in- When temporary residence is granted, granted membership in the World Trade Or- ganization on June 14, 2000; creased from 27 in 2005 to 139 in 2006; the farm worker’s spouse and minor Whereas, Georgia was found to have ac- (3) roadside bomb attacks more than dou- children would be allowed to remain le- corded its citizens the right to emigrate, bled from 783 in 2005 to 1,677 in 2006; and (4) crossborder attacks from Pakistan into gally in the U.S., but they would not be travel freely, and to return to their country Afghanistan have increased by 300 percent without restriction meeting the human authorized to work. When the worker since September 2006; rights criteria consistent with the objectives becomes a permanent resident, the Whereas, on September 2, 2006, the United of the Trade Act of 1974, and based on these spouse and minor children would also Nations Office on Drugs and Crime reported findings was granted permanent normal gain such status. that in 2006 opium poppy cultivation in Af- trade relations through a waiver of Jackson- ghanistan increased 59 percent over 2005 lev- AgJOBS will also enhance national Vanik sanctions in 2000; security and reduce illegal immigra- els and reached a record high; Whereas, in 1994, Georgia concluded a bi- Whereas the President’s current request tion. AgJOBS will also reduce the cha- lateral investment treaty with the United for United States economic assistance to Af- otic, illegal, and all-too-deadly flows of States, its largest source of foreign direct in- ghanistan for fiscal year 2007 is approxi- immigrants at our borders by providing vestment, in order to promote and facilitate mately 33 percent of the amount appro- safe and legal avenues for farm workers non-discriminatory, open and fair commer- priated for fiscal year 2006; cial policies; and their families. Future temporary Whereas only 50 percent of the money Whereas, the United States is Georgia’s pledged by the international community for workers will be carefully screened to largest trading partner and the commercial meet security concerns. Enforcement Afghanistan between 2002 and 2005 has actu- relationship presents an opportunity for ally been delivered; resources will be more effectively fo- American companies to expand and prosper; Whereas, on September 12, 2006, the Sec- cused on the highest risks. By bringing Whereas, the Georgian government has retary of State said, ‘‘[A]n Afghanistan that undocumented farm workers out of the made significant efforts to promote regional does not complete its democratic evolution shadows and require them to pass thor- cooperation and peaceful conflict resolution; and become a stable, terrorist-fighting state ough security checks, it will enable our Whereas Georgia has demonstrated a com- is going to come back to haunt us. . . . [I]t mitment to responsible facilitation of the will come back to haunt our successors and officers to more effectively train their energy resources located within the region; sights on terrorists and criminals. their successors.’’ and ‘‘If we should have Whereas, Georgia has taken important learned anything, it is if you allow that kind Last year, the Senate came to- steps toward the creation of democratic in- of vacuum, if you allow a failed state in that gether—Democrats and Republicans— stitutions and a free-market economy and, strategic a location, you’re going to pay for to pass farreaching immigration re- as a participating state of the Organization it.’’; for Security and Cooperation in Europe Whereas the bipartisan Iraq Study Group form legislation, which included the (OSCE), is committed to developing a system AgJOBS bill. The American people are Report concluded, ‘‘If the Taliban were to of governance in accordance with the prin- control more of Afghanistan, it could provide calling on us to come together again. ciples regarding human rights and humani- al Qaeda the political space to conduct ter- They know there is a crisis and they tarian affairs that are set forth in the Final rorist operations. This development would want action now. Act of the Conference on Security and Co- destabilize the region and have national se- The President has been a leader on operation in Europe (also known as the ‘‘Hel- curity implications for the United States sinki Final Act’’); and immigration reform, and I’m hopeful and other countries around the world.’’; Whereas the United States is committed to Whereas the Iraq Study Group Report rec- that he will renew his efforts with aiding in regional development, economic in- ommended that the President provide addi- members of his party, so that we can tegration and supporting democracy in the tional political, economic, and military sup- enact comprehensive reform legisla- South Caucuses: Now, therefore, be it port for Afghanistan, including resources tion, to end the festering crisis once Resolved, That it is the sense of the Senate that might become available as combat and for all. The House of Representa- that the United States should expand its re- forces are redeployed from Iraq; tives is now ready to be a genuine part- lationship with the Republic of Georgia by Whereas the Iraq Study Group Report spe- commencing negotiations to enter into a ner in this effort. cifically recommended that the United free trade agreement. States meet the request of General James By heritage and history, America is a f Jones, then United States North Atlantic nation of immigrants. Our legislation Treaty Organisation (NATO) commander, for proposes necessary changes in the law SENATE RESOLUTION 34—CALLING more troops to combat the resurgence of al while preserving this tradition. This FOR THE STRENGTHENING OF Qaeda and Taliban forces in Afghanistan; bill will ensure that immigrant farm THE EFFORTS OF THE UNITED Whereas, on October 8, 2006, General David workers can live the American dream STATES TO DEFEAT THE Richards, NATO’s top commander in Afghan- istan, warned that a majority of Afghans and contribute to our prosperity, our TALIBAN AND TERRORIST NET- WORKS IN AFGHANISTAN would likely switch their allegiance to resur- security, and our values and I hope gent Taliban militants if their lives showed very much that it can be enacted Mr. KERRY (for himself and Mr. no visible improvements in the next 6 quickly in this new Congress. FEINGOLD) submitted the following res- months;

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