[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3017 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 3017
To provide for a more structured and stable domestic agricultural labor
market in the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 22, 2011
Mr. Berman (for himself, Ms. Zoe Lofgren of California, Mr. Conyers,
Mr. Gutierrez, Ms. Chu, Ms. Linda T. Sanchez of California, and Mr.
Baca) introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committees on Ways
and Means, Education and the Workforce, and Agriculture, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To provide for a more structured and stable domestic agricultural labor
market in the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE, TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Agricultural Labor
Market Reform Act of 2011''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title, table of contents.
Sec. 2. Definitions.
TITLE I--EARNED ADJUSTMENT OF STATUS FOR CERTAIN AGRICULTURAL WORKERS
AND THEIR FAMILIES
Subtitle A--Blue Card Status
Sec. 101. Requirements for blue card status.
Sec. 102. Treatment of aliens granted blue card status.
Sec. 103. Adjustment to permanent residence.
Sec. 104. Applications.
Sec. 105. Waiver of numerical limitations and certain grounds for
inadmissibility.
Sec. 106. Administrative and judicial review.
Sec. 107. Use of information.
Sec. 108. Regulations, effective date, authorization of appropriations.
Subtitle B--Correction of Social Security Records
Sec. 111. Correction of Social Security records.
TITLE II--MANDATORY USE OF E-VERIFY BY FARM LABOR CONTRACTORS
Sec. 201. Amendments to the Illegal Immigration Reform and Immigrant
Responsibility Act.
Sec. 202. Amendments to the Migrant and Seasonal Agricultural Worker
Protection Act.
TITLE III--LABOR MARKET REFORMS
Sec. 301. Trust fund for agricultural labor market reform.
Sec. 302. Expenditures from trust fund.
TITLE IV--EQUAL TREATMENT OF U.S. AND GUEST WORKERS UNDER THE H-2A
PROGRAM
Sec. 401. Amendments to the Migrant and Seasonal Agricultural
Protection Act.
Sec. 402. Amendments to the Internal Revenue Code.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agricultural employment.--The term ``agricultural
employment'' has the meaning given such term in section 3 of
the Migrant and Seasonal Agricultural Worker Protection Act (29
U.S.C. 1802), without regard to whether the specific service or
activity is temporary or seasonal, including the performance of
agricultural labor or service described in section
101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act.
(2) Blue card status.--The term ``blue card status'' means
the status of an alien who has been lawfully admitted into the
United States for temporary residence under section 101(a).
(3) Department.--The term ``Department'' means the
Department of Homeland Security.
(4) Employer.--The term ``employer'' means any person or
entity, including any farm labor contractor and any
agricultural association, that employs workers in agricultural
employment.
(5) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of Homeland Security.
TITLE I--EARNED ADJUSTMENT OF STATUS FOR CERTAIN AGRICULTURAL WORKERS
AND THEIR FAMILIES
Subtitle A--Blue Card Status
SEC. 101. REQUIREMENTS FOR BLUE CARD STATUS.
(a) Requirement To Grant Blue Card Status.--Notwithstanding any
other provision of law, the Secretary shall, pursuant to the
requirements of this section, grant blue card status to an alien who
qualifies under this section if the Secretary determines that the
alien--
(1) during the 24-month period ending on December 31,
2010--
(A) performed agricultural employment in the United
States for at least 863 hours or 150 work days; or
(B) earned at least $7,500 from agricultural
employment in the United States;
(2) applied for such status during the 18-month application
period beginning on the first day of the seventh month that
begins after the date of enactment of this Act;
(3) is otherwise admissible to the United States under
section 212 of the Immigration and Nationality Act (8 U.S.C.
1182), except as otherwise provided under section 105(b); and
(4) has not been convicted of any felony or a misdemeanor,
an element of which involves bodily injury, threat of serious
bodily injury, or harm to property in excess of $500.
(b) Authorized Travel.--An alien who is granted blue card status is
authorized to travel outside the United States (including commuting to
the United States from a residence in a foreign country) in the same
manner as an alien lawfully admitted for permanent residence.
(c) Authorized Employment.--The Secretary shall provide an alien
who is granted blue card status an employment authorized endorsement or
other appropriate work permit, in the same manner as an alien lawfully
admitted for permanent residence.
(d) Termination of Blue Card Status.--
(1) Deportable aliens.--The Secretary shall terminate blue
card status granted to an alien if the Secretary determines
that the alien is deportable.
(2) Other grounds for termination.--The Secretary shall
terminate blue card status granted to an alien if--
(A) the Secretary finds, by a preponderance of the
evidence, that the adjustment to blue card status was
the result of fraud or willful misrepresentation, as
described in section 212(a)(6)(C)(i) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)); or
(B) the alien--
(i) commits an act that makes the alien
inadmissible to the United States under section
212 of the Immigration and Nationality Act (8
U.S.C. 1182), except as provided under section
105(b);
(ii) is convicted of a felony or 3 or more
misdemeanors committed in the United States;
(iii) is convicted of an offense, an
element of which involves bodily injury, threat
of serious bodily injury, or harm to property
in excess of $500; or
(iv) fails to perform the agricultural
employment required under paragraph (1)(A) of
section 103(a) unless the alien was unable to
work in agricultural employment due to the
extraordinary circumstances described in
paragraph (3) of such section.
(e) Record of Employment.--
(1) In general.--Each employer of an alien granted blue
card status shall annually--
(A) provide a written record of employment to the
alien; and
(B) provide a copy of such record to the Secretary.
(2) Civil penalties.--
(A) In general.--If the Secretary finds, after
notice and opportunity for a hearing, that an employer
of an alien granted blue card status has failed to
provide the record of employment required under
paragraph (1) or has provided a false statement of
material fact in such a record, the employer shall be
subject to a civil penalty in an amount not to exceed
$1,000 per violation.
(B) Limitation.--The penalty applicable under
subparagraph (A) for failure to provide records shall
not apply unless the alien has provided the employer
with evidence of employment authorization granted under
this section.
(3) Sunset.--The obligation under paragraph (1) shall
terminate on the date that is 6 years after the date of the
enactment of this Act.
(f) Required Features of Identity Card.--The Secretary shall
provide each alien granted blue card status, and the spouse and any
child of each such alien residing in the United States, with a card
that contains--
(1) an encrypted, machine-readable, electronic
identification strip that is unique to the alien to whom the
card is issued;
(2) biometric identifiers, including fingerprints and a
digital photograph; and
(3) physical security features designed to prevent
tampering, counterfeiting, or duplication of the card for
fraudulent purposes.
(g) Fine.--An alien granted blue card status shall pay a fine of
$100 to the Secretary.
(h) Maximum Number.--The Secretary may not issue more than
1,000,000 blue cards during the 5-year period beginning on the date of
the enactment of this Act.
SEC. 102. TREATMENT OF ALIENS GRANTED BLUE CARD STATUS.
(a) In General.--Except as otherwise provided under this section,
an alien granted blue card status (including a spouse or child of the
alien granted derivative status) shall be considered to be an alien
lawfully admitted for permanent residence for purposes of any law other
than any provision of the Immigration and Nationality Act (8 U.S.C.
1101 et seq.).
(b) Delayed Eligibility for Certain Federal Public Benefits.--
Except as otherwise provided in law, an alien granted blue card status
shall not be eligible, by reason of such status, for any form of
assistance or benefit described in section 403(a) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (8
U.S.C. 1613(a)) until 5 years after the date on which the alien is
granted an adjustment of status under section 103.
SEC. 103. ADJUSTMENT TO PERMANENT RESIDENCE.
(a) In General.--Except as provided in subsection (b), the
Secretary shall adjust the status of an alien granted blue card status
to that of an alien lawfully admitted for permanent residence if the
Secretary determines that the following requirements are satisfied:
(1) Qualifying employment.--
(A) In general.--Subject to subparagraph (B), the
alien has performed at least--
(i) 5 years of agricultural employment in
the United States for at least 100 work days
per year, during the 5-year period beginning on
the date of the enactment of this Act; or
(ii) 3 years of agricultural employment in
the United States for at least 150 work days
per year, during the 3-year period beginning on
the date of the enactment of this Act.
(B) 4-year period of employment.--An alien shall be
considered to meet the requirements of subparagraph (A)
if the alien has performed 4 years of agricultural
employment in the United States for at least 150 work
days during 3 years of those 4 years and at least 100
work days during the remaining year, during the 4-year
period beginning on the date of the enactment of this
Act.
(2) Proof.--An alien may demonstrate compliance with the
requirement under paragraph (1) by submitting--
(A) the record of employment described in section
101(e); or
(B) documentation that may be submitted under
section 104(c).
(3) Extraordinary circumstances.--In determining whether an
alien has met the requirement of paragraph (1)(A), the
Secretary may credit the alien with not more than 12 additional
months of agricultural employment in the United States to meet
such requirement if the alien was unable to work in
agricultural employment due to--
(A) pregnancy, injury, or disease, if the alien can
establish such pregnancy, disabling injury, or disease
through medical records;
(B) illness, disease, or other special needs of a
minor child, if the alien can establish such illness,
disease, or special needs through medical records;
(C) severe weather conditions that prevented the
alien from engaging in agricultural employment for a
significant period of time; or
(D) termination from agricultural employment, if
the Secretary finds that the termination was without
just cause and that the alien was unable to find
alternative agricultural employment after a reasonable
job search.
(4) Application period.--The alien applies for adjustment
of status not later than 7 years after the date of the
enactment of this Act.
(5) Fine.--The alien pays a fine of $400 to the Secretary.
(b) Grounds for Denial of Adjustment of Status.--The Secretary
shall deny an alien granted blue card status an adjustment of status
under this section if--
(1) the Secretary finds, by a preponderance of the
evidence, that the adjustment to blue card status was the
result of fraud or willful misrepresentation, as described in
section 212(a)(6)(C)(i) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(6)(C)(i)); or
(2) the alien--
(A) commits an act that makes the alien
inadmissible to the United States under section 212 of
the Immigration and Nationality Act (8 U.S.C. 1182),
except as provided under section 105(b);
(B) is convicted of a felony or 3 or more
misdemeanors committed in the United States;
(C) is convicted of an offense, an element of which
involves bodily injury, threat of serious bodily
injury, or harm to property in excess of $500; or
(D) failed to perform the agricultural employment
required under paragraph (1)(A) of subsection (a)
unless the alien was unable to work in agricultural
employment due to the extraordinary circumstances
described in paragraph (3) of such subsection.
(c) Grounds for Removal.--Any alien granted blue card status who
does not apply for adjustment of status under this section before the
expiration of the application period described in subsection (a)(4) or
who fails to meet the other requirements of subsection (a) by the end
of the application period, is deportable and may be removed under
section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).
(d) Payment of Taxes.--
(1) In general.--Not later than the date on which an
alien's status is adjusted under this section, the alien shall
establish that the alien does not owe any applicable Federal
tax liability by establishing that--
(A) no such tax liability exists;
(B) all such outstanding tax liabilities have been
paid; or
(C) the alien has entered into an agreement for
payment of all outstanding liabilities with the
Internal Revenue Service.
(2) Applicable federal tax liability.--In paragraph (1) the
term ``applicable Federal tax liability'' means liability for
Federal taxes, including penalties and interest, owed for any
year during the period of employment required under subsection
(a)(1) for which the statutory period for assessment of any
deficiency for such taxes has not expired.
(3) IRS cooperation.--The Secretary of the Treasury shall
establish rules and procedures under which the Commissioner of
Internal Revenue shall provide documentation to an alien upon
request to establish the payment of all taxes required by this
subsection.
(e) Spouses and Minor Children.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary shall confer the status of lawful permanent
resident on the spouse and minor child of an alien granted any
adjustment of status under subsection (a), including any
individual who was a minor child on the date such alien was
granted blue card status, if the spouse or minor child applies
for such status, or if the principal alien includes the spouse
or minor child in an application for adjustment of status to
that of a lawful permanent resident.
(2) Treatment of spouses and minor children.--
(A) Granting of status and removal.--The Secretary
shall grant derivative status to the alien spouse and
any minor child residing in the United States of an
alien granted blue card status and shall not remove
such derivative spouse or child during the period that
the alien granted blue card status maintains such
status, except as provided in paragraph (3). A grant of
derivative status to such a spouse or child under this
subparagraph shall not decrease the number of aliens
who may receive blue card status under subsection (h)
of section 101.
(B) Travel.--The derivative spouse and any minor
child of an alien granted blue card status may travel
outside the United States in the same manner as an
alien lawfully admitted for permanent residence.
(C) Employment.--The derivative spouse of an alien
granted blue card status may apply to the Secretary for
a work permit to authorize such spouse to engage in any
lawful employment in the United States while such alien
maintains blue card status.
(3) Grounds for denial of adjustment of status and
removal.--The Secretary shall deny an alien spouse or child
adjustment of status under paragraph (1) and may remove such
spouse or child under section 240 of the Immigration and
Nationality Act (8 U.S.C. 1229a) if the spouse or child--
(A) commits an act that makes the alien spouse or
child inadmissible to the United States under section
212 of such Act (8 U.S.C. 1182), except as provided
under section 105(b);
(B) is convicted of a felony or 3 or more
misdemeanors committed in the United States; or
(C) is convicted of an offense, an element of which
involves bodily injury, threat of serious bodily
injury, or harm to property in excess of $500.
SEC. 104. APPLICATIONS.
(a) Submission.--The Secretary shall provide that--
(1) applications for blue card status may be submitted--
(A) to the Secretary if the applicant is
represented by an attorney or a nonprofit religious,
charitable, social service, or similar organization
recognized by the Board of Immigration Appeals under
section 292.2 of title 8, Code of Federal Regulations;
or
(B) to a qualified designated entity if the
applicant consents to the forwarding of the application
to the Secretary; and
(2) applications for adjustment of status under section 103
shall be filed directly with the Secretary.
(b) Qualified Designated Entity Defined.--In this section, the term
``qualified designated entity'' means a qualified farm labor
organization and any affiliated organization or an association of
employers designated by the Secretary.
(c) Proof of Eligibility.--
(1) In general.--An alien may establish that the alien
meets the requirement of section 101(a)(1) or 103(a)(1) through
government employment records or records supplied by employers
or collective bargaining organizations, and other reliable
documentation as the alien may provide. The Secretary shall
establish special procedures to properly credit work in cases
in which an alien was employed under an assumed name.
(2) Documentation of work history.--
(A) Burden of proof.--An alien applying for status
under section 101(a) or 103(a) has the burden of
proving by a preponderance of the evidence that the
alien has worked the requisite number of hours or days
required under section 101(a)(1) or 103(a)(1), as
applicable.
(B) Timely production of records.--If an employer
or farm labor contractor employing such an alien has
kept proper and adequate records respecting such
employment, the alien's burden of proof under
subparagraph (A) may be met by securing timely
production of those records under regulations to be
promulgated by the Secretary.
(C) Sufficient evidence.--An alien may meet the
burden of proof under subparagraph (A) to establish
that the alien has performed the days or hours of work
required by section 101(a)(1) or 103(a)(1) by producing
sufficient evidence to show the extent of that
employment as a matter of just and reasonable
inference.
(d) Applications Submitted to Qualified Designated Entities.--
(1) Requirements.--Each qualified designated entity shall
agree--
(A) to forward to the Secretary an application
submitted to that entity pursuant to subsection
(a)(1)(B) if the applicant has consented to such
forwarding;
(B) not to forward to the Secretary any such
application if the applicant has not consented to such
forwarding; and
(C) to assist an alien in obtaining documentation
of the alien's work history, if the alien requests such
assistance.
(2) No authority to make determinations.--No qualified
designated entity may make a determination required by this
subtitle to be made by the Secretary.
(e) Limitation on Access to Information.--Files and records
collected or compiled by a qualified designated entity for the purposes
of this section are confidential and the Secretary shall not have
access to such a file or record relating to an alien without the
consent of the alien, except as allowed by a court order issued
pursuant to subsection (f).
(f) Confidentiality of Information.--
(1) In general.--Except as otherwise provided in this
section, the Secretary or any other official or employee of the
Department or a bureau or agency of the Department is
prohibited from--
(A) using information furnished by the applicant
pursuant to an application filed under this title, the
information provided by an applicant to a qualified
designated entity, or any information provided by an
employer or former employer for any purpose other than
to make a determination on the application or for
imposing the penalties described in subsection (g);
(B) making any publication in which the information
furnished by any particular individual can be
identified; or
(C) permitting a person other than a sworn officer
or employee of the Department or a bureau or agency of
the Department or, with respect to applications filed
with a qualified designated entity, that qualified
designated entity, to examine individual applications.
(2) Required disclosures.--The Secretary shall provide the
information furnished under this title or any other information
derived from such furnished information to--
(A) a duly recognized law enforcement entity in
connection with a criminal investigation or
prosecution, if such information is requested in
writing by such entity; or
(B) an official coroner, for purposes of
affirmatively identifying a deceased individual,
whether or not the death of such individual resulted
from a crime.
(3) Construction.--
(A) In general.--Nothing in this subsection shall
be construed to limit the use, or release, for
immigration enforcement purposes or law enforcement
purposes, of information contained in files or records
of the Department pertaining to an application filed
under this section, other than information furnished by
an applicant pursuant to the application, or any other
information derived from the application, that is not
available from any other source.
(B) Criminal convictions.--Notwithstanding any
other provision of this subsection, information
concerning whether the alien applying for blue card
status or an adjustment of status under section 103 has
been convicted of a crime at any time may be used or
released for immigration enforcement or law enforcement
purposes.
(4) Crime.--Any person who knowingly uses, publishes, or
permits information to be examined in violation of this
subsection shall be subject to a fine in an amount not to
exceed $10,000.
(g) Penalties for False Statements in Applications.--
(1) Criminal penalty.--Any person who--
(A) files an application for blue card status or an
adjustment of status under section 103 and knowingly
and willfully falsifies, conceals, or covers up a
material fact or makes any false, fictitious, or
fraudulent statements or representations, or makes or
uses any false writing or document knowing the same to
contain any false, fictitious, or fraudulent statement
or entry; or
(B) creates or supplies a false writing or document
for use in making such an application,
shall be fined in accordance with title 18, United States Code,
imprisoned not more than 5 years, or both.
(2) Inadmissibility.--An alien who is convicted of a crime
under paragraph (1) shall be considered to be inadmissible to
the United States on the ground described in section
212(a)(6)(C)(i) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(6)(C)(i)).
(h) Eligibility for Legal Services.--Section 504(a)(11) of Public
Law 104-134 (110 Stat. 1321-53 et seq.) shall not be construed to
prevent a recipient of funds under the Legal Services Corporation Act
(42 U.S.C. 2996 et seq.) from providing legal assistance directly
related to an application for blue card status or an adjustment of
status under section 103.
(i) Application Fees.--
(1) Fee schedule.--The Secretary shall provide for a
schedule of fees that--
(A) shall be charged for the filing of an
application for blue card status or for an adjustment
of status under section 103; and
(B) may be charged by qualified designated entities
to help defray the costs of services provided to such
applicants.
(2) Prohibition on excess fees by qualified designated
entities.--A qualified designated entity may not charge any fee
in excess of, or in addition to, the fees authorized under
paragraph (1)(B) for services provided to applicants.
(3) Disposition of fees.--
(A) In general.--There is established in the
general fund of the Treasury a separate account, which
shall be known as the ``Agricultural Worker Immigration
Status Adjustment Account''. Notwithstanding any other
provision of law, there shall be deposited as
offsetting receipts into the account all fees collected
under paragraph (1)(A).
(B) Use of fees for application processing.--
Amounts deposited in the ``Agricultural Worker
Immigration Status Adjustment Account'' shall remain
available to the Secretary until expended for
processing applications for blue card status or an
adjustment of status under section 103.
SEC. 105. WAIVER OF NUMERICAL LIMITATIONS AND CERTAIN GROUNDS FOR
INADMISSIBILITY.
(a) Numerical Limitations Do Not Apply.--The numerical limitations
of sections 201 and 202 of the Immigration and Nationality Act (8
U.S.C. 1151 and 1152) shall not apply to the adjustment of aliens to
lawful permanent resident status under section 103.
(b) Waiver of Certain Grounds of Inadmissibility.--In the
determination of an alien's eligibility for status under section 101(a)
or an alien's eligibility for adjustment of status under section
103(b)(2)(A) the following rules shall apply:
(1) Grounds of exclusion not applicable.--The provisions of
paragraphs (5), (6)(A), (7), and (9) of section 212(a) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not
apply.
(2) Waiver of other grounds.--
(A) In general.--Except as provided in subparagraph
(B), the Secretary may waive any other provision of
such section 212(a) in the case of individual aliens
for humanitarian purposes, to ensure family unity, or
if otherwise in the public interest.
(B) Grounds that may not be waived.--Subparagraphs
(A), (B), (C), (D), (G), (H), and (I) of paragraph (2)
and paragraphs (3) and (4) of such section 212(a) may
not be waived by the Secretary under subparagraph (A).
(C) Construction.--Nothing in this paragraph shall
be construed as affecting the authority of the
Secretary other than under this subparagraph to waive
provisions of such section 212(a).
(3) Special rule for determination of public charge.--An
alien is not ineligible for blue card status or an adjustment
of status under section 103 by reason of a ground of
inadmissibility under section 212(a)(4) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(4)) if the alien demonstrates
a history of employment in the United States evidencing self-
support without reliance on public cash assistance.
(c) Temporary Stay of Removal and Work Authorization for Certain
Applicants.--
(1) Before application period.--Effective on the date of
enactment of this Act, the Secretary shall provide that, in the
case of an alien who is apprehended before the beginning of the
application period described in section 101(a)(2) and who can
establish a nonfrivolous case of eligibility for blue card
status (but for the fact that the alien may not apply for such
status until the beginning of such period), until the alien has
had the opportunity during the first 30 days of the application
period to complete the filing of an application for blue card
status, the alien--
(A) may not be removed; and
(B) shall be granted authorization to engage in
employment in the United States and be provided an
employment authorized endorsement or other appropriate
work permit for such purpose.
(2) During application period.--The Secretary shall provide
that, in the case of an alien who presents a nonfrivolous
application for blue card status during the application period
described in section 101(a)(2), including an alien who files
such an application within 30 days of the alien's apprehension,
and until a final determination on the application has been
made in accordance with this section, the alien--
(A) may not be removed; and
(B) shall be granted authorization to engage in
employment in the United States and be provided an
employment authorized endorsement or other appropriate
work permit for such purpose.
SEC. 106. ADMINISTRATIVE AND JUDICIAL REVIEW.
(a) In General.--There shall be no administrative or judicial
review of a determination respecting an application for blue card
status or adjustment of status under section 103 except in accordance
with this section.
(b) Administrative Review.--
(1) Single level of administrative appellate review.--The
Secretary shall establish an appellate authority to provide for
a single level of administrative appellate review of such a
determination.
(2) Standard for review.--Such administrative appellate
review shall be based solely upon the administrative record
established at the time of the determination on the application
and upon such additional or newly discovered evidence as may
not have been available at the time of the determination.
(c) Judicial Review.--
(1) Limitation to review of removal.--There shall be
judicial review of such a determination only in the judicial
review of an order of removal under section 242 of the
Immigration and Nationality Act (8 U.S.C. 1252).
(2) Standard for judicial review.--Such judicial review
shall be based solely upon the administrative record
established at the time of the review by the appellate
authority and the findings of fact and determinations contained
in such record shall be conclusive unless the applicant can
establish abuse of discretion or that the findings are directly
contrary to clear and convincing facts contained in the record
considered as a whole.
SEC. 107. USE OF INFORMATION.
Beginning not later than the first day of the application period
described in section 101(a)(2), the Secretary, in cooperation with
qualified designated entities (as that term is defined in section
104(b)), shall broadly disseminate information respecting the benefits
that aliens may receive under this subtitle and the requirements that
an alien is required to meet to receive such benefits.
SEC. 108. REGULATIONS, EFFECTIVE DATE, AUTHORIZATION OF APPROPRIATIONS.
(a) Regulations.--The Secretary shall issue regulations to
implement this subtitle not later than the first day of the seventh
month that begins after the date of enactment of this Act.
(b) Effective Date.--This subtitle shall take effect on the date
that regulations required by subsection (a) are issued, regardless of
whether such regulations are issued on an interim basis or on any other
basis.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary to
implement this subtitle, including any sums needed for costs associated
with the initiation of such implementation, for fiscal years 2011 and
2012.
Subtitle B--Correction of Social Security Records
SEC. 111. CORRECTION OF SOCIAL SECURITY RECORDS.
(a) In General.--Section 208(e)(1) of the Social Security Act (42
U.S.C. 408(e)(1)) is amended--
(1) in subparagraph (B)(ii), by striking ``or'' at the end;
(2) in subparagraph (C), by inserting ``or'' at the end;
(3) by inserting after subparagraph (C) the following:
``(D) who is granted blue card status under the
Agricultural Labor Market Reform Act of 2011''; and
(4) by striking ``1990.'' and inserting ``1990, or in the
case of an alien described in subparagraph (D), if such conduct
is alleged to have occurred before the date on which the alien
was granted blue card status.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the first day of the seventh month that begins after the
date of the enactment of this Act.
TITLE II--MANDATORY USE OF E-VERIFY BY FARM LABOR CONTRACTORS
SEC. 201. AMENDMENTS TO THE ILLEGAL IMMIGRATION REFORM AND IMMIGRANT
RESPONSIBILITY ACT.
(a) In General.--Section 401(e) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (division C of Public Law 104-
208; 8 U.S.C. 1324a note) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) Farm labor contractors.--Beginning on the date that
is 6 months after the date of enactment of the Agricultural
Labor Market Reform Act of 2011, any farm labor contractor (as
defined in section 3 of the Migrant and Seasonal Agricultural
Worker Protection Act (29 U.S.C.)) that hires workers for
agricultural employment (as defined in section 2(1) of such
Act) shall participate in the E-Verify program to confirm the
employment eligibility of all newly hired workers.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the first day of the seventh month that begins after the
enactment of this Act.
SEC. 202. AMENDMENTS TO THE MIGRANT AND SEASONAL AGRICULTURAL WORKER
PROTECTION ACT.
(a) The Migrant and Seasonal Agricultural Worker Protection Act
(Public Law 97-470) is amended by inserting after section 105 (29
U.S.C. 1815) the following:
``SEC. 106. PROHIBITION AGAINST EMPLOYING ILLEGAL ALIENS.
``(a) In General.--No farm labor contractor shall hire any
individual who is an alien not lawfully admitted for permanent
residence or who has not been otherwise authorized by the Secretary of
Homeland Security to accept employment.
``(b) Compliance.--A farm labor contractor shall be considered to
comply with subsection (a) if the farm labor contractor demonstrates
that the farm labor contractor utilized the E-Verify program to confirm
the employment eligibility of all workers hired beginning on the date
that is 6 months after the date of enactment of the Agricultural Labor
Market Reform Act of 2011.
``(c) Private Right of Action.--Any migrant or seasonal farmworker
(including prospective employees) who has been discriminated against or
otherwise aggrieved by a violation of this section may file suit
pursuant to section 504.''.
(b) The amendments made in subsection (a) shall apply to the hiring
of an individual occurring on or after the first day of the seventh
month beginning after the date of enactment.
TITLE III--LABOR MARKET REFORMS
SEC. 301. TRUST FUND FOR AGRICULTURAL LABOR MARKET REFORM.
(a) Establishment.--The Secretary shall establish by regulation a
trust fund the purpose of which is to provide funds for enhanced
enforcement of labor standards in agricultural employment, for research
and promotion of better labor management practices in agriculture and
other measures which will increase worker productivity and reduce
underemployment among farm workers.
(b) Payment of Fines Into Trust Fund.--All fines received by the
Secretary pursuant to sections 101(g) and 103(a)(5) shall be paid into
the trust fund established by this subsection.
(c) Disposition.--The amount in the trust fund shall be divided
equally between the Departments of Labor and Agriculture on an annual
basis for the uses set forth in section 302.
SEC. 302. EXPENDITURES FROM TRUST FUND.
The monies allocated to the Department of Labor and Department of
Agriculture under subsection 301(c) shall be expended as follows:
(1) Department of labor.--The Department of Labor shall
expend all monies allocated to it under subsection 301(c) for
enforcement of the Migrant and Seasonal Agricultural Worker
Protection Act, the Fair Labor Standards Act, and the
Occupational Health and Safety Act in agricultural employment
including outreach to farm workers, labor organizations, faith-
based and community organizations serving farm workers.
(2) Department of agriculture.--The Department of
Agriculture shall expend all monies allocated to it under
subsection 301(c) for research and promotion of labor-saving
technology and labor management practices in agriculture
including ways to enhance worker productivity, better retain
workers, and more efficiently utilize the existing work force
by reducing farmworker underemployment.
(3) Advisory committee.--The Secretaries of Agriculture and
Labor shall jointly establish an advisory committee composed of
an equal number of farm worker representatives appointed by the
Secretary of Labor and employer representatives appointed by
the Secretary of Agriculture to advise the Secretary of
Agriculture with respect to expenditures under paragraph (2).
TITLE IV--EQUAL TREATMENT OF U.S. AND GUEST WORKERS UNDER THE H-2A
PROGRAM
SEC. 401. AMENDMENTS TO THE MIGRANT AND SEASONAL AGRICULTURAL
PROTECTION ACT.
(a) Section 3 of the Migrant and Seasonal Agricultural Worker
Protection Act (Public Law 97-470) is amended--
(1) in paragraph (8), by amending subparagraph (B) to read
as follows:
``(B) The term `migrant agricultural worker' does
not include any immediate family member of an
agricultural employer or farm labor contractor.''; and
(2) in paragraph (10), by amending subparagraph (B) to read
as follows:
``(B) The term `seasonal agricultural worker' does
not include--
``(i) any migrant agricultural worker; or
``(ii) any immediate family member of an
agricultural employer or farm labor
contractor.''.
(b) The amendments made by subsection (a) shall apply to the
employment, recruitment, referral, or utilization of an individual
occurring on or after the first day of the seventh month beginning
after the date of enactment of this Act.
SEC. 402. AMENDMENTS TO THE INTERNAL REVENUE CODE.
(a) In General.--The Internal Revenue Code of 1986 is amended by
striking sections 3121(b)(1) and 3306(c)(B)(1)(B).
(b) Effective Date.--The amendments made by subsection (a) shall
take effect beginning on the first January 1st that occurs after the
date of the enactment of this Act.
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