I

106TH CONGRESS

2D SESSION H. R. 4738

To establish the High Level Commission on Immigrant Labor Policy.

IN THE HOUSE OF REPRESENTATIVES

JUNE 23, 2000

Mr. KOLBE introduced the following bill; which was referred to the Committee

on the Judiciary, and in addition to the Committee on Education and the

Workforce, 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 establish the High Level Commission on Immigrant

Labor Policy.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION. 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Immigrant Labor Pol5 icy Review Act’’.

6 SEC. 2. FINDINGS.

7 The Congress finds the following:

8 (1) The unemployment rate in the United

9 States is at a record low.
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1 (2) Many industries in the United States, in2 cluding agriculture, tourism, construction, nursing,

3 information technology, and other portions of the

4 service sector, are experiencing labor shortages.

5 (3) The inability to secure sufficient workers is

6 having a detrimental impact on the economy of the

7 United States and the standard of living for all peo8 ple in the United States.

9 SEC. 3. ESTABLISHMENT.

10 There is established a commission to be known as the

11 High Level Commission on Immigrant Labor Policy (here12 inafter in this Act referred to as the ‘‘Commission’’).

13 SEC. 4. DUTIES.

14 (a) IN GENERAL.—The Commission shall study the

15 interactions between Federal immigration policy and the

16 labor markets for aliens in the United States, including

17 the following subjects:

18 (1) The adequacy of the supply of labor in the

19 United States and whether this supply needs to be

20 further supplemented with alien workers.

21 (2) The extent to which employers in the

22 United States rely upon the employment of a tem23 porary workforce.
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1 (3) The economic impact and desirability of

2 maintaining statutory caps on nonimmigrant work3 ers.

4 (4) The extent to which employers in the

5 United States rely upon the employment of a work6 force that includes or consists of aliens who unlaw7 fully enter or remain in the United States.

8 (5) The extent of unemployment and under9 employment of workers who are United States citi10 zens or aliens lawfully admitted to the United States

11 for permanent residence.

12 (6) The effectiveness of United States labor

13 policies in stopping the flow into the United States

14 of illegal immigrants.

15 (7) Any other subject necessary to permit the

16 Commission to prepare the reports required under

17 section 8.

18 (b) CONSULTATION.—In conducting the study, the

19 Commission shall consult with migrant labor groups, non20 profit organizations, labor unions, pertinent business and

21 agriculture associations and organizations, State Gov22 ernors, law enforcement associations and organizations,

23 and relevant executive branch agencies and congressional

24 committees.
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1 SEC. 5. MEMBERSHIP.

2 (a) NUMBER AND APPOINTMENT.—The Commission

3 shall consist of 12 members, to be appointed as follows:

4 (1) 6 to be appointed by the President.

5 (2) 3 to be appointed by the Speaker of the

6 House of Representatives.

7 (3) 3 to be appointed by the President pro tem8 pore of the Senate.

9 (b) CONSULTATIONS.—In making appointments

10 under subsection (a)(1), the President shall consult with—

11 (1) the Attorney General in appointing 1 mem12 ber;

13 (2) the Chairman of the Federal Reserve Board

14 in appointing 1 member;

15 (3) the Secretary of Commerce in appointing 2

16 members; and

17 (4) the Secretary of Agriculture in appointing 2

18 members.

19 (c) TERMS.—Each member of the Commission shall

20 be appointed for the life of the Commission.

21 (d) VACANCIES.—A vacancy in the Commission shall

22 be filled in the manner in which the original appointment

23 was made.

24 (e) CHAIRPERSON.—The Chairman of the Federal

25 Reserve Board (or the Chairman of the Federal Reserve

26 Board’s designee) shall serve as the chairperson of the
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1 Commission until such time as the members of the Com2 mission can elect a chairperson.

3 (f) BASIC PAY.—Each member shall serve without

4 pay. Each member shall receive travel expenses, including

5 per diem in lieu of subsistence, in accordance with sections

6 5702 and 5703 of title 5, United States Code.

7 (g) QUORUM.—A majority of the members shall con8 stitute a quorum for the transaction of business.

9 (h) MEETINGS.—The Commission shall meet at the

10 call of the chairperson.

11 SEC. 6. DIRECTOR AND STAFF; EXPERTS AND CONSULT12 ANTS.

13 (a) DIRECTOR.—The Commission shall have a direc14 tor who shall be appointed by the chairperson subject to

15 rules prescribed by the Commission.

16 (b) STAFF.—Subject to rules prescribed by the Com17 mission, the chairperson may appoint and fix the pay of

18 such additional personnel as the chairperson considers ap19 propriate.

20 (c) APPLICABILITY OF CERTAIN CIVIL SERVICE

21 LAWS.—The director and staff of the Commission may be

22 appointed without regard to title 5, United States Code,

23 governing appointments in the competitive service, and

24 may be paid without regard to the requirements of chapter

25 51 and subchapter III of chapter 53 of such title relating
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1 to classification and General Schedule pay rates, except

2 that an individual so appointed may not receive pay in

3 excess of the maximum annual rate of basic pay payable

4 for GS–15 of the General Schedule.

5 (d) EXPERTS AND CONSULTANTS.—The chairperson

6 may procure temporary and intermittent services under

7 section 3109(b) of title 5, United States Code, at rates

8 for individuals not to exceed the daily equivalent of the

9 maximum annual rate of basic pay payable for GS–15 of

10 the General Schedule.

11 (e) STAFF OF FEDERAL AGENCIES.—Upon request

12 of the chairperson, the head of any Federal agency may

13 detail, on a reimbursable basis, any of the personnel of

14 the agency to the Commission to assist the Commission

15 in carrying out its duties.

16 SEC. 7. POWERS.

17 (a) OBTAINING OFFICIAL DATA.—The chairperson

18 may secure directly from any Federal agency information

19 necessary to enable the Commission to carry out its duties.

20 Upon request of the chairperson, the head of the agency

21 shall furnish such information to the Commission to the

22 extent such information is not prohibited from disclosure

23 by law.
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1 (b) MAILS.—The Commission may use the United

2 States mails in the same manner and under the same con3 ditions as other Federal agencies.

4 (c) ADMINISTRATIVE SUPPORT SERVICES.—Upon the

5 request of the chairperson, the Administrator of General

6 Services shall provide to the Commission, on a reimburs7 able basis, the administrative support services necessary

8 for the Commission to carry out its duties.

9 (d) CONTRACT AUTHORITY.—The chairperson may

10 contract with and compensate government and private

11 agencies or persons for the purpose of conducting re12 search, surveys, and other services necessary to enable the

13 Commission to carry out its duties.

14 SEC. 8. REPORTS.

15 (a) INTERIM REPORT.—Not later than 6 months

16 after the date of the enactment of this Act, the Commis17 sion shall prepare and submit to the President and the

18 Congress an interim report on the following:

19 (1) The overall effectiveness of Federal immi20 gration and labor laws and policies in—

21 (A) protecting jobs held by citizens and na22 tionals of the United States, aliens who are law23 fully admitted to the United States for perma24 nent residence, aliens who are admitted as refu25 gees or are granted asylum, and other immi-
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1 grants otherwise authorized to be employed in

2 the United States;

3 (B) preventing exploitation of alien immi4 grant and nonimmigrant workers;

5 (C) reducing the number of illegal border

6 crossings into the United States; and

7 (D) reducing the numbers of aliens unlaw8 fully employed in the United States.

9 (2) The impact of statutory numerical limita10 tions on the entry of immigrants and nonimmigrants

11 into the United States on the achievement of the

12 goals described in subparagraphs (A) through (D) of

13 paragraph (1).

14 (3) The impact of recent measures undertaken

15 in border areas to deter illegal border crossings on

16 the achievement of such goals.

17 (4) The impact of Federal alien labor laws and

18 policies on the overall economic performance within

19 the United States and economic performance within

20 the following sectors:

21 (A) Agriculture.

22 (B) Tourism and service.

23 (C) Construction.

24 (D) Nursing and health care.

25 (E) Apparel.
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1 (F) Information technology.

2 (b) FINAL REPORT.—Not later than 1 year after the

3 date of the enactment of this Act, the Commission shall

4 prepare and submit to the President and the Congress a

5 final report that contains at least the following:

6 (1) Information that updates the findings re7 ported in the interim report on each of the issues de8 scribed in paragraphs (1) through (4) of subsection

9 (a).

10 (2) Recommendations for actions that the Com11 mission considers necessary—

12 (A) to curb illegal border crossings into the

13 United States;

14 (B) to curb unlawful employment of aliens

15 in the United States;

16 (C) to ensure adequate protection of the

17 workers described in subsection (a)(1)(A); and

18 (D) to ensure a stable and steady work19 force for industry in the United States.

20 (3) The viability of expanding the agricultural

21 guest worker program established under section

22 101(a)(15)(H)(ii)(a) of the Immigration and Nation23 ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) and sec24 tion 218 of such Act (8 U.S.C. 1188) to any or all

25 of the following United States industries:
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1 (A) Tourism and service.

2 (B) Construction.

3 (C) Nursing and health care.

4 (D) Apparel.

5 (E) Information technology.

6 (4) Recommendations for any additional actions

7 that the Commission determines would improve Fed8 eral immigration or labor laws or policies.

9 (5) Any other related information that the

10 Commission considers to be appropriate.

11 SEC. 9. TERMINATION.

12 The Commission shall terminate 6 months after the

13 date on which the Commission submits its final report

14 under section 8(b).

15 SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

16 There are authorized to be appropriated such sums

17 as may be necessary to carry out this Act, which sums

18 shall remain available until expended.

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