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S. 1387 (108th): Border Security and Immigration Reform Act of 2003

The text of the bill below is as of Jul 10, 2003 (Introduced).


S 1387 IS

108th CONGRESS

1st Session

S. 1387

To amend the Immigration and Nationality Act to authorize the establishment of guest worker programs, to provide for the adjustment of status of certain aliens unlawfully present in the United States to the status of a nonimmigrant guest worker, and for other purposes.

IN THE SENATE OF THE UNITED STATES

July 10, 2003

Mr. CORNYN introduced the following bill; which was read twice and referred to the Committee on the Judiciary


A BILL

To amend the Immigration and Nationality Act to authorize the establishment of guest worker programs, to provide for the adjustment of status of certain aliens unlawfully present in the United States to the status of a nonimmigrant guest worker, 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 ‘Border Security and Immigration Reform Act of 2003’.

    (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--AUTHORIZATION FOR ESTABLISHMENT OF GUEST WORKER PROGRAMS

      Sec. 101. Guest worker programs.

      Sec. 102. Employer applications and petitions for guest workers.

      Sec. 103. New nonimmigrant guest worker categories.

      Sec. 104. Prohibition on adjustment of status to permanent resident status.

      Sec. 105. Guest worker investment accounts.

      Sec. 106. Funding.

TITLE II--ADJUSTMENT OF STATUS OF CERTAIN UNLAWFULLY PRESENT ALIENS TO NONIMMMIGRANT GUEST WORKER STATUS

      Sec. 201. Adjustment of status.

      Sec. 202. Enhanced civil penalties for employment of unauthorized aliens after termination date for adjustment of status.

SEC. 2. DEFINITIONS.

    In this Act:

      (1) GUEST WORKER- The term ‘guest worker’ means an alien described in section 101(a)(15)(W) of the Immigration and Nationality Act, as added by section 103 of this Act.

      (2) GUEST WORKER PROGRAM- The term ‘guest worker program’ or the ‘program’ means, with respect to a particular country or the workers of that country, the guest worker program established with that country.

      (3) GUEST WORKER PROGRAM COUNTRY- The term ‘guest worker program country’ means a foreign country that participates in a guest worker program.

TITLE I--AUTHORIZATION FOR ESTABLISHMENT OF GUEST WORKER PROGRAMS

SEC. 101. GUEST WORKER PROGRAMS.

    The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after section 218 the following:

‘SEC. 218A. GUEST WORKER PROGRAMS.

    ‘(a) ESTABLISHMENT- The Secretary of Homeland Security and the Secretary of State shall jointly establish and administer a guest worker program with any eligible foreign country. A foreign country is eligible to participate in the program if the country has entered into an agreement with the United States in which the country undertakes--

      ‘(1) to develop standards of eligibility for the enrollment in the program of workers who are natives of that country, subject to the grounds of ineligibility described in subsection (c);

      ‘(2) to establish a procedure for the enrollment in the program of eligible workers;

      ‘(3) to establish, in cooperation with United States employers, a training program in the country for such workers;

      ‘(4) to establish procedures for providing health care;

      ‘(5) to monitor, and share information with the United States regarding, the departure from, and return to, the country of workers enrolled in the program of that country; and

      ‘(6) to accept the return of those workers from the United States.

    ‘(b) PROGRAM DESCRIPTION- Each guest worker program with a foreign country shall consist of--

      ‘(1) the placement of guest workers who are enrolled in the program by that country in job opportunities in the United States;

      ‘(2) the admission to the United States of the guest workers to fill those job opportunities, subject to the procedures described in section 218B;

      ‘(3) the performance of work in the United States in those job opportunities on a seasonal or nonseasonal basis; and

      ‘(4) the return of the guest worker to the guest worker program country before the expiration of the worker’s period of authorized stay in the United States.

    ‘(c) INELIGIBILITY OF CERTAIN ALIENS-

      ‘(1) IN GENERAL- Except as provided in paragraph (2), and notwithstanding subsection (a)(1), the following aliens are not eligible to participate in a guest worker program:

        ‘(A) Any alien under 18 years of age, except accompanying, or following to join, an alien who is a nonseasonal guest worker.

        ‘(B) Any alien who has been convicted of a felony or 3 or more misdemeanors committed in the United States.

        ‘(C) Any alien who was unlawfully present in the United States.

      ‘(2) EXCEPTION- Notwithstanding paragraph (1), an alien may apply for admission to the United States under section 101(a)(15)(W) without regard to any previous period of unlawful presence in the United States if the alien applies for such admission not later than 1 year after the date of enactment of the Border Security and Immigration Reform Act of 2003.

    ‘(d) PERIODS OF AUTHORIZED STAY-

      ‘(1) SEASONAL GUEST WORKERS- The period of authorized stay in the United States for a seasonal guest worker shall not exceed 270 days in any calendar year. The seasonal guest worker may reapply for admission to the United States in any subsequent calendar year.

      ‘(2) NONSEASONAL GUEST WORKERS- The period of authorized stay in the United States for a nonseasonal guest worker shall not exceed 12 months, except that the period may, upon application, be extended by an additional period or periods of 12 months each and except that the total period of authorized stay may not exceed 36 months unless the alien returns to the guest worker program country for a period of at least 6 months before readmission to the United States.

    ‘(e) WORK PERMITS- During the period in which an alien is in lawful status under a guest worker program, the alien shall be granted authorization to engage in employment in the United States in the job opportunity approved under the program and be provided an appropriate work permit that includes a photograph of the guest worker.

    ‘(f) UNDOCUMENTED GUEST WORKERS- An alien employed in the United States on the date of enactment of the Border Security and Immigration Reform Act of 2003 who does not have proper documentation of authorization to enter the United States shall be required to show evidence that the alien--

      ‘(1) was in the United States on the date of enactment of the Border Security and Immigration Reform Act of 2003; and

      ‘(2) is employed on the date on which the guest worker registers to participate in the guest worker program.

    ‘(g) AUTHORIZED TRAVEL- During the period an alien is in lawful nonimmigrant status granted under this section, the alien has the right to travel abroad.

    ‘(h) ENTRY-EXIT INFORMATION- The Secretary of Homeland Security, in cooperation with the Secretary of State and the governments of participating countries, shall establish and maintain a computer database to--

      ‘(1) monitor the entry into, and exit from, the United States of guest workers;

      ‘(2) track employer compliance under the guest worker program; and

      ‘(3) store past employment records of guest workers to facilitate the return of those workers to the same employer each year, if the employer and guest worker so chooses.

    ‘(i) ABSOLUTION FOR PAST ILLEGAL BEHAVIOR- An alien who participates in a guest worker program shall be absolved of all liability for illegal behavior, as such behavior pertains to the immigration status of the alien, that occurred before the alien’s participation in the guest worker program.

    ‘(j) LEGAL PERMANENT RESIDENT STATUS PRIORITY-

      ‘(1) IN GENERAL- The Secretary of Homeland Security shall establish an evaluation system in accordance with paragraph (2), that gives priority for adjustment of status to aliens who are applying for legal permanent residency, if the alien has participated in the guest worker program and has worked in the United States for a continuous 3-year period. An alien guest worker can only apply for legal permanent residency when that alien returns to the guest worker program country.

      ‘(2) REQUIREMENTS- The evaluation system established under paragraph (1) shall be a point system that rates an alien based on--

        ‘(A) whether the alien has an employer sponsor;

        ‘(B) whether the alien received promotions or pay increases during the alien’s employment periods;

        ‘(C) whether the alien paid taxes;

        ‘(D) the proficiency of the alien in speaking English;

        ‘(E) the education of the alien; and

        ‘(F) whether the alien has refrained from illegal activity.

    ‘(k) DEFINITIONS- In this section:

      ‘(1) EMPLOYER- The term ‘employer’ means any person or entity, including any farm labor contractor and any agricultural association, that employs workers.

      ‘(2) GUEST WORKER- The term ‘guest worker’ means an alien described in section 101(a)(15)(W).

      ‘(3) GUEST WORKER PROGRAM- The term ‘guest worker program’ or the ‘program’ means, with respect to a particular country or the workers of that country, the guest worker program established with that country.

      ‘(4) GUEST WORKER PROGRAM COUNTRY- The term ‘guest worker program country’ means a foreign country that participates in a guest worker program.

      ‘(5) JOB OPPORTUNITY- The term ‘job opportunity’ means a job opening for temporary full-time employment at a place in the United States to which United States workers can be referred.

      ‘(6) NONSEASONAL GUEST WORKER- The term ‘nonseasonal guest worker’ means an alien described in section 101(a)(15)(W)(ii).

      ‘(7) SEASONAL GUEST WORKER- The term ‘seasonal guest worker’ means an alien described in section 101(a)(15)(W)(i).’.

SEC. 102. EMPLOYER APPLICATIONS AND PETITIONS FOR GUEST WORKERS.

    (a) APPLICATIONS- The Immigration and Nationality Act is amended by inserting after section 218A, as added by section 101, the following:

‘SEC. 218B. EMPLOYER APPLICATIONS FOR GUEST WORKERS.

    ‘(a) APPLICATIONS TO THE SECRETARY-

      ‘(1) IN GENERAL- No alien may be admitted to the United States as a guest worker, or otherwise provided status as a guest worker, unless the employer has filed with the Secretary of Labor an application containing--

        ‘(A) in the case of nonseasonal guest workers, a request for an attestation under paragraph (2);

        ‘(B) the assurances described in subsection (b);

        ‘(C) a description of the nature and location of the work to be performed;

        ‘(D) the anticipated period (expected beginning and ending dates) for which workers will be needed;

        ‘(E) the wages to be paid; and

        ‘(F) the method of transportation, if necessary.

      ‘(2) LABOR ATTESTATION REQUIRED FOR GUEST WORKERS- In the case of the employment of any guest worker, the United States employer shall apply to the Secretary of Labor for an attestation that--

        ‘(A) there are not sufficient workers who are able, willing, and qualified, and who will be available at the time and place needed, to perform the labor or services involved in the employer’s petition to the Secretary of Homeland Security; and

        ‘(B) the employment of the alien in such labor or services will not adversely affect the wages and working conditions of workers in the United States similarly employed.

      ‘(3) ACCOMPANIED BY JOB OFFER- Each application filed under paragraph (1) shall be accompanied by a copy of the job offer describing the wages and other terms and conditions of employment and the bona fide occupational qualifications that must be possessed by a worker to be employed in the job opportunity in question.

    ‘(b) ASSURANCES FOR INCLUSION IN APPLICATIONS- The assurances referred to in subsection (a)(1) are the following:

      ‘(1) OFFERS TO UNITED STATES WORKERS- The employer has offered or will offer the job to any eligible United States worker who applies and is equally or better qualified for the job for which the nonimmigrant is, or the nonimmigrants are, sought and who will be available at the time and place of need.

      ‘(2) ADVERTISING OF JOB OPPORTUNITIES- Not later than 14 days prior to the date on which the employer desires to employ a guest worker in a temporary or seasonal job opportunity, the employer shall advertise the availability of the job opportunities for which the employer is seeking workers in a publication in the local labor market that is likely to be patronized by potential workers seeking such jobs.

      ‘(3) WAGE RATE- No worker shall be paid less than the greater of the hourly wage prescribed under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) or the applicable State minimum wage. All wages will be paid in a timely manner and all payroll records will be maintained accurately.

      ‘(4) PROVISION OF INSURANCE- If the job opportunity is not covered by the State workers’ compensation law, the employer will provide, at no cost to the worker, insurance covering injury and disease arising out of, and in the course of, the worker’s employment which will provide benefits at least equal to those provided under the State’s workers’ compensation law for comparable employment.

      ‘(5) VEHICLE OPERATIONS- The employer will comply with all general vehicle safety obligations and provide vehicle insurance coverage for the guest worker.

    ‘(c) APPLICATIONS BY ASSOCIATIONS ON BEHALF OF EMPLOYER MEMBERS- An association may file an application under subsection (a) on behalf of 1 or more of its employer members that the association certifies in its application has or have agreed in writing to comply with the requirements of this section and section 218A.

    ‘(d) REVIEW AND APPROVAL OF APPLICATIONS-

      ‘(1) RESPONSIBILITY OF EMPLOYERS- The employer shall make available for public examination, within 1 working day after the date on which an application under subsection (a) is filed, at the principal place of business or work site of the employer, a copy of each such application (and such accompanying documents as are necessary).

      ‘(2) RESPONSIBILITY OF THE SECRETARY-

        ‘(A) COMPILATION OF LIST- The Secretary of Labor shall compile, on a current basis, a list (by employer and by occupational classification) of the applications filed under this subsection. Such list shall include the wage rate, number of workers sought, period of intended employment, and date of need. The Secretary of Labor shall make such list available for examination in the District of Columbia.

        ‘(B) REVIEW OF APPLICATIONS- The Secretary of Labor shall review such an application only for completeness and obvious inaccuracies. Unless the Secretary of Labor finds that the application is incomplete or obviously inaccurate, the Secretary of Labor shall certify that the intending employer has filed with the

Secretary of Labor an application as described in subsection (a). Such certification shall be provided within 14 days of the filing of the application.

        ‘(C) REPORT TO EMPLOYER- Not later than 7 days before the employer requires work to commence, the Secretary of Labor shall transmit a report to the employer containing the name, contact information, and specific work permit information of each guest worker who has been authorized to perform the work sought by the employer. Upon receipt of a report, the employer shall present a work contract to the guest worker for signature. By signing a work contract under the guest worker program, a guest worker undertakes to comply with all United States laws, and the employer undertakes to permit access to the workplace by appropriate officials of the Department of Labor.

    ‘(e) VIOLATIONS OF EMPLOYER ATTESTATION-

      ‘(1) IN GENERAL-

        ‘(A) RESPONSIBILITY OF THE SECRETARY OF LABOR- The Secretary of Labor shall be responsible for applying United States wage and hour laws within the guest worker program and normal requirements for safe working conditions.

        ‘(B) PENALTIES- Any United States employer who violates any law or regulation relating to the matters described in subparagraph (A) shall be subject to--

          ‘(i) the same penalties that would apply if the employees of the employer were United States citizens; and

          ‘(ii) debarment from the guest worker program for up to 10 years.

        ‘(C) APPLICATION OF DEBARMENT PENALTY- A 10-year debarment shall be imposed for employers found to be in violation on 3 counts within 3 consecutive years, excluding multiple employee complaints filed at one time, except that, if multiple employee violations are found and the practice continues into the next 30 days, resulting in additional employee complaints, such a violation shall be counted toward the 3-count limitation. For purposes of this paragraph, violations include unfair wages, unreasonable work hours and blacklisting.

      ‘(2) PROCESS FOR COMPLAINANTS TO OBTAIN OTHER EMPLOYMENT- The Secretary of Labor and the Secretary of Homeland Security shall establish a process under which a guest worker who files a complaint regarding an employer who intimidates, threatens, restrains, coerces, blacklists, discharges, or in any other manner discriminates against an employee because the employee has disclosed information indicating an employer violation of the guest worker program to enable the employee to seek other appropriate employment in the United States for a period not to exceed the maximum period of stay authorized by the original permit.

      ‘(3) ADJUDICATION PROCESS FOR DISPUTE CLAIMS- The Secretary of Homeland Security shall develop a streamlined adjudication process for processing dispute claims. The guest worker shall immediately be reassigned, and the adjudication process shall be limited to 30 days. If the United States employer is not found in violation of the program requirements, a new guest worker shall be assigned to the employer not later than 15 days after the end of the adjudication proceedings.

    ‘(f) ABSOLUTION FOR PAST ILLEGAL BEHAVIOR- An employer who participates in a guest worker program shall be absolved of all liability for illegal behavior, as such behavior pertains to the immigration status of employees, that occurred before the employer’s participation in the guest worker program.

    ‘(g) DEFINITIONS- In this section:

      ‘(1) EMPLOYER- The term ‘employer’ means any person or entity, including any farm labor contractor and any agricultural association, that employs workers.

      ‘(2) GUEST WORKER- The term ‘guest worker’ means an alien described in section 101(a)(15)(W).

      ‘(3) GUEST WORKER PROGRAM- The term ‘guest worker program’ or the ‘program’ means, with respect to a particular country or the workers of that country, the guest worker program established with that country.

      ‘(4) GUEST WORKER PROGRAM COUNTRY- The term ‘guest worker program country’ means a foreign country that participates in a guest worker program.

      ‘(5) JOB OPPORTUNITY- The term ‘job opportunity’ means a job opening for temporary full-time employment at a place in the United States to which United States workers can be referred.

      ‘(6) NONSEASONAL GUEST WORKER- The term ‘nonseasonal guest worker’ means an alien described in section 101(a)(15)(W)(ii).

      ‘(7) SEASONAL GUEST WORKER- The term ‘seasonal guest worker’ means an alien described in section 101(a)(15)(W)(i).’.

    (b) PETITIONS- Section 214(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(1)) is amended in the first sentence by striking ‘or (P)(i)’ and inserting ‘(P)(i), or (W)’.

SEC. 103. NEW NONIMMIGRANT GUEST WORKER CATEGORIES.

    Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is amended by adding at the end the following:

      ‘(W)(i) an alien having a residence in a guest worker program country who is coming temporarily

to the United States as a seasonal guest worker under section 218A, and with respect to whom the Secretary of Labor determines and certifies to the Secretary of Homeland Security that the intending employer has filed with the Secretary of Labor an application under section 218B(b); or

      ‘(ii) an alien having a residence in a guest worker program country who is coming temporarily to the United States as a nonseasonal guest worker under section 218A with respect to whom the Secretary of Labor has approved a certification under section 218B(a), and the alien spouse and minor children of any such alien specified in this clause if accompanying or following to join the principal alien and if the principal alien has a level of income equal to or greater than 125 percent of the Federal poverty line (as defined in section 213A(h)).’.

SEC. 104. PROHIBITION ON ADJUSTMENT OF STATUS TO PERMANENT RESIDENT STATUS.

    (a) ADJUSTMENT OF STATUS- Section 245(c) of the Immigration and Nationality Act (8 U.S.C. 1255(c)) is amended--

      (1) by striking ‘or’ at the end of paragraph (7); and

      (2) by striking the period at the end of paragraph (8) and inserting the following: ‘; or (9) any alien who is employed in a guest worker program under section 218A for less than 3 years or who has violated the terms of such a program.’.

    (b) TOTAL NUMBER OF LEGAL PERMANENT RESIDENT APPLICANTS- The Secretary of Homeland Security may annually adjust the total number of aliens whose status may be adjusted to that of an alien lawfully admitted for permanent residence based on economic determinations made by the Secretary of Labor and the number of participants in the guest worker program established by this title.

SEC. 105. GUEST WORKER INVESTMENT ACCOUNTS.

    (a) IN GENERAL- Section 201 of the Social Security Act (42 U.S.C. 401) is amended by adding at the end the following:

    ‘(n)(1) Notwithstanding any other provision of this section, the Secretary of the Treasury shall transfer at least quarterly from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund 100 percent of the guest worker taxes to the Guest Worker Investment Fund for deposit in a guest worker investment account for each guest worker as specified in section 253.

    ‘(2) For purposes of this subsection--

      ‘(A) the term ‘guest worker taxes’ means that portion of the amounts appropriated to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund under this section and properly attributable to the wages (as defined in section 3121 of the Internal Revenue Code of 1986) and self-employment income (as defined in section 1402 of such Code) of guest workers as determined by the Commissioner of Social Security; and

      ‘(B) the term ‘guest worker’ has the meaning given such term by section 218A(k) of the Immigration and Nationality Act.’.

    (b) GUEST WORKER INVESTMENT ACCOUNTS- Title II of the Social Security Act (42 U.S.C. 401 et seq.) is amended--

      (1) by inserting before section 201 the following:

‘Part A--Social Security’;

      and

      (2) by adding at the end the following:

‘Part B--Guest Worker Investment Accounts

‘DEFINITIONS

    ‘SEC. 251. For purposes of this part:

      ‘(1) GUEST WORKER- The term ‘guest worker’ has the meaning given such term by section 218A(k) of the Immigration and Nationality Act.

      ‘(2) COVERED EMPLOYER- The term ‘covered employer’ means, for any calendar year, any person on whom an excise tax is imposed under section 3111 of the Internal Revenue Code of 1986 with respect to having an individual in the person’s employ to whom wages are paid by such person during such calendar year.

      ‘(3) GUEST WORKER INVESTMENT ACCOUNT- The term ‘guest worker investment account’ means an account for a guest worker which is administered by the Secretary through the Guest Worker Investment Fund.

      ‘(4) GUEST WORKER INVESTMENT FUND- The term ‘Guest Worker Investment Fund’ means the fund established under section 253.

      ‘(5) SECRETARY- The term ‘Secretary’ means the Secretary of the Treasury.

‘GUEST WORKER INVESTMENT ACCOUNTS

    ‘SEC. 252. (a) IN GENERAL- A guest worker investment account shall be established by the Secretary in the Guest Worker Investment Fund for each individual not later than 10 business days after the covered employer of such individual submits a W-4 form (or any successor form) identifying such individual as a guest worker.

    ‘(b) TIME ACCOUNT TAKES EFFECT- A guest worker investment account established under subsection (a) shall take effect with respect to the first pay period beginning more than 14 days after the date of such establishment.

    ‘(c) GUEST WORKER’S PROPERTY RIGHT IN GUEST WORKER INVESTMENT ACCOUNT- The guest worker investment account established for a guest worker is the sole property of the worker.

‘GUEST WORKER INVESTMENT FUND

    ‘SEC. 253. (a) IN GENERAL- There is created on the books of the Treasury of the United States a trust fund to be known as the ‘Guest Worker Investment Fund’ to be administered by the Secretary. Such Fund shall consist of the assets transferred under section 201(n) to each guest worker investment account established under section 252 and the income earned under subsection (e) and credited to such account.

    ‘(b) NOTICE OF CONTRIBUTIONS- The full amount of a guest worker’s investment account transfers shall be shown on such worker’s W-2 tax statement, as provided in section 6051(a)(12) of the Internal Revenue Code of 1986.

    ‘(c) INVESTMENT EARNINGS REPORT-

      ‘(1) IN GENERAL- At least annually, the Guest Worker Investment Fund shall provide to each guest worker with a guest worker investment account managed by the Fund a guest worker investment status report. Such report may be transmitted electronically upon the agreement of the guest worker under the terms and conditions established by the Secretary.

      ‘(2) CONTENTS OF REPORT- The guest worker investment status report, with respect to a guest worker investment account, shall provide the following information:

        ‘(A) The total amounts transferred under section 201(n) in the last quarter, the last year, and since the account was established.

        ‘(B) The amount and rate of income earned under subsection (e) for each period described in subparagraph (A).

    ‘(d) MAXIMUM ADMINISTRATIVE FEE- The Guest Worker Investment Fund shall charge each guest worker in the Fund a single, uniform annual administrative fee not to exceed 0.3 percent of the value of the assets invested in the worker’s account.

    ‘(e) INVESTMENT DUTIES OF SECRETARY- The Secretary shall establish policies for the investment and management of guest worker investment accounts, including policies that shall provide for prudent Federal Government investment instruments suitable for accumulating funds.

‘GUEST WORKER INVESTMENT ACCOUNT DISTRIBUTIONS

    ‘SEC. 254. (a) DATE OF DISTRIBUTION- Except as provided in subsections (b) and (c), a distribution of the balance in a guest worker investment account may only be made on or after the date the worker permanently leaves the guest worker program established under section 218A of the Immigration and Nationality Act and returns to the worker’s home country.

    ‘(b) DISTRIBUTION IN THE EVENT OF DEATH- If the guest worker dies before the date determined under subsection (a), the balance in the worker’s account shall be distributed to the worker’s estate under rules established by the Secretary.’.

    (c) Guest Worker Investment Account Transfers Shown on W-2’s-

      (1) IN GENERAL- Section 6051(a) of the Internal Revenue Code of 1986 (relating to receipts for employees) is amended by striking ‘and’ at the end of paragraph (10), by striking the period at the end of paragraph (11) and inserting ‘, and’, and inserting after paragraph (11) the following:

      ‘(12) in the case of a guest worker (as defined in section 251(1) of the Social Security Act), of the amount shown pursuant to paragraph (6), the total amount transferred to such worker’s guest worker investment account under section 201(n) of such Act.’.

      (2) CONFORMING AMENDMENTS-

        (A) Section 6051(a)(6) of such Code is amended by inserting ‘and paid as tax under section 3111’ after ‘section 3101’.

        (B) Section 6051(c) of such Code is amended by inserting ‘and paid as tax under section 3111’ after ‘section 3101’.

SEC. 106. FUNDING.

    Funds appropriated to the Secretary of Labor for the United States Employment Service shall be available to pay the costs of the Department of Labor in carrying out its responsibilities under sections 218A and 218B of the Immigration and Nationality Act, as added by sections 101 and 102 of this Act.

TITLE II--ADJUSTMENT OF STATUS OF CERTAIN UNLAWFULLY PRESENT ALIENS TO NONIMMMIGRANT GUEST WORKER STATUS

SEC. 201. ADJUSTMENT OF STATUS.

    (a) IN GENERAL- The Secretary of Homeland Security shall adjust the status of an alien unlawfully present in the United States as of the date of enactment of this Act to that of an alien admitted to the United States as a nonimmigrant guest worker under section 101(a)(15)(W) of the Immigration and Nationality Act, as added by section 103 of this Act, if the Secretary of Homeland Security is satisfied that the following requirements are satisfied with respect to the alien:

      (1) APPLICATION PERIOD- The alien must apply for such adjustment not later than 12 months after the date of enactment of this Act.

      (2) ADMISSIBILITY- The alien must establish that the alien is otherwise admissible to the United States under section 101(a)(15)(W) of the Immigration and Nationality Act, as added by section 103 of this Act.

      (3) ATTESTATION BY UNITED STATES EMPLOYER- A United States employer must file an attestation with the Secretary of Labor that the alien is employed by the United States employer.

    (b) TREATMENT AS NONIMMIGRANT ‘W’ WORKERS- All requirements applicable to aliens admitted to the United States under section 101(a)(15)(W) of the Immigration and Nationality Act, as added by section 103 of this Act, shall apply to aliens receiving adjustment of status under this section, except that--

      (1) the country of the alien’s birth shall be considered the guest worker program country; and

      (2) the attestation described in subsection (a)(3) shall substitute for an application by the United States employer under section 218B of the Immigration and Nationality Act, as added by section 102.

SEC. 202. ENHANCED CIVIL PENALTIES FOR EMPLOYMENT OF UNAUTHORIZED ALIENS AFTER TERMINATION DATE FOR ADJUSTMENT OF STATUS.

    (a) IN GENERAL- In addition to such civil penalties as may be imposed for the employment of unauthorized aliens under section 274 of the Immigration and Nationality Act (8 U.S.C. 1324), the Secretary of Homeland Security, after notice and an opportunity to be heard, shall issue an order imposing a civil penalty upon any United States employer that knowingly employs an unauthorized alien after the expiration of the application period for adjustment of status under section 201(a).

    (b) CEASE AND DESIST ORDER WITH CIVIL MONEY PENALTY FOR HIRING UNAUTHORIZED ALIENS- With respect to a violation of subsection (a), the order under that subsection shall require the United States employer to cease and desist from such violations and to pay a civil penalty in an amount of--

      (1) not less than $500 and not more than $2,500 for each unauthorized alien with respect to whom a violation occurred;

      (2) not less than $2,000 and not more than $5,000 for each such alien in the case of a United States employer previously subject to 1 order under subsection (a);

      (3) not less than $4,000 and not more than $10,000 for each such alien in the case of a United States employer previously subject to 2 orders under subsection (a), plus debarment from the guest worker program for a period of 5 years; and

      (4) not less than $10,000 for each such alien in the case of a United States employer previously subject to 3 orders under subsection (a), plus permanent debarment from the guest worker program.

    (c) EFFECT ON GUEST WORKER OF HIRING BY DEBARRED EMPLOYER- Any guest worker employed by a United States employer that is debarred from participation in the guest worker program shall be granted a new work contract and shall be entitled to remain in the United States for the period of stay authorized with respect to the original work contract.