II

107TH CONGRESS

1ST SESSION S. 1313

To provide for the adjustment of status of certain foreign agricultural workers, to amend the Immigration and Nationality Act to reform the H–

2A worker program under that Act, and for other purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 2, 2001

Mr. KENNEDY (for himself, Mr. DODD, and Mr. WELLSTONE) introduced the

following bill; which was read twice and referred to the Committee on the

Judiciary

A BILL

To provide for the adjustment of status of certain foreign

agricultural workers, to amend the Immigration and Nationality Act to reform the H–2A worker program under

that Act, and for other purposes.

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; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘H–2A Reform and Agricultural Worker Adjustment Act

6 of 2001’’.

7 (b) TABLE OF CONTENTS.—The table of contents for

8 this Act is as follows:
2

•S 1313 IS

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

TITLE I—ADJUSTMENT TO LAWFUL STATUS

Sec. 101. Agricultural workers.

Sec. 102. Correction of Social Security records.

TITLE II—REFORM OF H–2A WORKER PROGRAM

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

TITLE III—MISCELLANEOUS PROVISIONS

Sec. 301. Coverage of H–2A agricultural workers under the Migrant and Seasonal Agricultural Worker Protection Act.

Sec. 302. Right to organize.

Sec. 303. Tax equity and workforce improvement fund.

Sec. 304. Regulations.

Sec. 305. Effective date.

1 SEC. 2. DEFINITIONS.

2 In this Act:

3 (1) AGRICULTURAL EMPLOYMENT.—The term

4 ‘‘agricultural employment’’ means any service or ac5 tivity that is considered to be agricultural under sec6 tion 3(f) of the Fair Labor Standards Act of 1938

7 (29 U.S.C. 203(f)) or agricultural labor under sec8 tion 3121(g) of the Internal Revenue Code of 1986

9 (26 U.S.C. 3121(g)). For purposes of this para10 graph, agricultural employment includes employment

11 under section 101(a)(15)(H)(ii)(a) of the Immigra12 tion and Nationality Act (8 U.S.C.

13 1101(a)(15)(H)(ii)(a)).

14 (2) DISPLACE.—In the case of an application

15 with respect to one or more H–2A workers by an

16 employer, the employer is considered to ‘‘displace’’ a

17 United States worker from a job if the employer lays
3

•S 1313 IS

1 off the worker from a job for which the H–2A work2 er or workers is or are sought.

3 (3) ELIGIBLE.—The term ‘‘eligible’’, when used

4 with respect to an individual, means an individual

5 who is not an unauthorized alien (as defined in sec6 tion 274A(h)(3) of the Immigration and Nationality

7 Act (8 U.S.C. 1324a(h)(3))).

8 (4) EMPLOYER.—The term ‘‘employer’’ means

9 any person or entity, including any farm labor con10 tractor and any agricultural association, that em11 ploys workers in agricultural employment.

12 (5) H–2A WORKER.—The term ‘‘H–2A worker’’

13 means a nonimmigrant described in section

14 101(a)(15)(H)(ii)(a) of the Immigration and Nation15 ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)).

16 (6) JOB OPPORTUNITY.—The term ‘‘job oppor17 tunity’’ means a job opening for temporary full-time

18 employment at a place in the United States to which

19 United States workers can be referred.

20 (7) LAYS OFF.—

21 (A) IN GENERAL.—The term ‘‘lays off’’,

22 with respect to a worker—

23 (i) means to cause the worker’s loss of

24 employment, other than through a dis25 charge for inadequate performance, viola-
4

•S 1313 IS

1 tion of workplace rules, cause, voluntary

2 departure, voluntary retirement, contract

3 impossibility (as described in section

4 218A(b)(4)(D) of the Immigration and

5 Nationality Act, as added by section 201 of

6 this Act), temporary layoffs due to weath7 er, markets, or other temporary conditions;

8 but

9 (ii) does not include any situation in

10 which the worker is offered, as an alter11 native to such loss of employment, a simi12 lar employment opportunity with the same

13 employer (or, in the case of a placement of

14 a worker with another employer under sec15 tion 218(b)(2)(E) of the Immigration and

16 Nationality Act, as added by section 201 of

17 this Act, with either employer described in

18 such section 218(b)(2)(E)) at equivalent or

19 higher compensation and benefits than the

20 position from which the employee was dis21 charged, regardless of whether or not the

22 employee accepts the offer.

23 (B) STATUTORY CONSTRUCTION.—Nothing

24 in this paragraph is intended to limit an em-
5

•S 1313 IS

1 ployee’s rights under a collective bargaining

2 agreement or other employment contract.

3 (8) SECRETARY.—The term ‘‘Secretary’’ means

4 the Secretary of Labor.

5 (9) TEMPORARY.—A worker is employed on a

6 ‘‘temporary’’ basis where the employment is in7 tended not to exceed 10 months.

8 (10) UNITED STATES WORKER.—The term

9 ‘‘United States worker’’ means any worker, whether

10 a United States citizen or national, a lawfully admit11 ted permanent resident alien, or any other alien,

12 who is authorized to work in the job opportunity

13 within the United States, except an alien admitted

14 or otherwise provided status under section

15 101(a)(15)(H)(ii)(a) of the Immigration and Nation16 ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)).

17 (11) WORK DAY.—The term ‘‘work day’’ means

18 any day in which the individual is employed one or

19 more hours in agriculture.

20 TITLE I—ADJUSTMENT TO

21 LAWFUL STATUS

22 SEC. 101. AGRICULTURAL WORKERS.

23 (a) TEMPORARY RESIDENT STATUS.—

24 (1) IN GENERAL.—Notwithstanding any other

25 provision of law, the Attorney General shall adjust
6

•S 1313 IS

1 the status of an alien who qualifies under this sub2 section to that of an alien lawfully admitted for tem3 porary residence if the Attorney General determines

4 that the following requirements are satisfied with re5 spect to the alien:

6 (A) PERFORMANCE OF AGRICULTURAL EM7 PLOYMENT IN THE UNITED STATES.—The alien

8 must establish that the alien has—

9 (i) performed agricultural employment

10 in the United States for at least 540 hours

11 or 90 work days, whichever is less, during

12 any 12 consecutive months during the 18-

13 month period ending on June 30, 2001; or

14 (ii) applied for lawful residence as a

15 special agricultural worker under section

16 210 of the Immigration and Nationality

17 Act or section 210A of that Act (as in ef18 fect prior to October 25, 1994), was other19 wise eligible, but was denied relief because

20 the alien’s employment in sugar cane was

21 determined to fall outside of the section’s

22 definition of ‘‘seasonal agricultural serv23 ices’’.

24 (B) APPLICATION PERIOD.—The alien

25 must apply for such adjustment during the 18-
7

•S 1313 IS

1 month application period beginning on the 1st

2 day of the 7th month that begins after the date

3 of the enactment of this Act.

4 (C) ADMISSIBLE AS IMMIGRANT.—The

5 alien must establish that the alien is otherwise

6 admissible to the United States under section

7 212 of the Immigration and Nationality Act (8

8 U.S.C. 1182), except as otherwise provided

9 under subsection (e)(2).

10 (2) AUTHORIZED TRAVEL.—During the period

11 an alien is in lawful temporary resident status

12 granted under this subsection, the alien has the

13 right to travel abroad (including commutation from

14 a residence abroad) in the same manner as an alien

15 lawfully admitted for permanent residence.

16 (3) AUTHORIZED EMPLOYMENT.—During the

17 period an alien is in lawful temporary resident sta18 tus granted under this subsection, the alien shall be

19 provided an ‘‘employment’’ authorized endorsement

20 or other appropriate work permit, in the same man21 ner as an alien lawfully admitted for permanent resi22 dence.

23 (4) TERMINATION OF TEMPORARY RESIDENT

24 STATUS.—During the period of temporary resident

25 status granted an alien under this subsection, the
8

•S 1313 IS

1 Attorney General may terminate such status only

2 upon a determination under this Act that the alien

3 is deportable.

4 (5) RECORD OF EMPLOYMENT.—

5 (A) IN GENERAL.—Each employer of a

6 worker whose status is adjusted under this sub7 section annually shall—

8 (i) provide a written record of employ9 ment to the alien; and

10 (ii) provide a copy of such record to

11 the Immigration and Naturalization Serv12 ice.

13 (B) SUNSET.—The obligation under sub14 paragraph (A) terminates on the date that is 6

15 years after the date of enactment of this Act.

16 (b) RIGHTS OF ALIENS GRANTED TEMPORARY RESI17 DENT STATUS.—

18 (1) IN GENERAL.—Except as otherwise pro19 vided in this subsection, an alien who acquires the

20 status of an alien lawfully admitted for temporary

21 residence under subsection (a), such status not hav22 ing changed, shall be considered to be an alien law23 fully admitted for permanent residence for purposes

24 of any law other than any provision of the Immigra25 tion and Nationality Act (8 U.S.C. 1101 et seq.).
9

•S 1313 IS

1 (2) TERMS OF EMPLOYMENT RESPECTING

2 ALIENS ADMITTED UNDER THIS SECTION.—

3 (A) PROHIBITION.—No alien whose status

4 is adjusted under subsection (a) may be termi5 nated from employment by any employer during

6 the period of temporary resident status except

7 for just cause.

8 (B) TREATMENT OF COMPLAINTS.—

9 (i) ESTABLISHMENT OF PROCESS.—

10 The Attorney General shall establish a

11 process for the receipt, initial review, and

12 disposition in accordance with this sub13 paragraph of complaints by aliens granted

14 temporary resident status under subsection

15 (a) who allege that they have been termi16 nated without just cause. No proceeding

17 shall be conducted under this subpara18 graph with respect to a termination unless

19 the Attorney General determines that the

20 complaint was filed not later than 6

21 months after the date of the termination.

22 (ii) INITIATION OF ARBITRATION.—If

23 the Attorney General finds that a com24 plaint has been filed in accordance with

25 clause (i) and there is reasonable cause to
10

•S 1313 IS

1 believe that the complainant was termi2 nated without just cause, the Attorney

3 General shall initiate binding arbitration

4 proceedings by requesting the Federal Me5 diation and Conciliation Service to appoint

6 a mutual arbitrator from the roster of ar7 bitrators maintained by such Service for

8 the geographical area in which the em9 ployer is located. The procedure and rules

10 of such Service shall be applicable to the

11 selection of such arbitrator and to such ar12 bitration proceedings. The Attorney Gen13 eral shall pay the fee and expenses of the

14 arbitrator.

15 (iii) ARBITRATION PROCEEDINGS.—

16 The arbitrator shall conduct the pro17 ceeding in accordance with the policies and

18 procedures promulgated by the American

19 Arbitration Association applicable to pri20 vate arbitration of employment disputes.

21 The arbitrator shall make findings respect22 ing whether the termination was for just

23 cause. The arbitrator may not find that

24 the termination was for just cause unless

25 the employer so demonstrates by a prepon-
11

•S 1313 IS

1 derance of the evidence. If the arbitrator

2 finds that the termination was not for just

3 cause, the arbitrator shall make a specific

4 finding of the number of days or hours of

5 work lost by the employee as a result of

6 the termination. The arbitrator shall have

7 no authority to order any other remedy, in8 cluding, but not limited to, reinstatement,

9 back pay, or front pay to the affected em10 ployee. Within 30 days from the conclusion

11 of the arbitration proceeding, the arbi12 trator shall transmit the findings in the

13 form of a written opinion to the parties to

14 the arbitration and the Attorney General.

15 Such findings shall be final and conclusive,

16 and no official or court of the United

17 States shall have the power or jurisdiction

18 to review any such findings.

19 (iv) EFFECT OF ARBITRATION FIND20 INGS.—If the Attorney General receives a

21 finding of an arbitrator that an employer

22 has terminated an alien granted temporary

23 resident status under subsection (a) with24 out just cause, the Attorney General shall

25 credit the alien for the number of days or
12

•S 1313 IS

1 hours of work lost for purposes of the re2 quirement of subsection (c)(1).

3 (v) TREATMENT OF ATTORNEYS’

4 FEES.—The parties shall bear the cost of

5 their own attorneys’ fees involved in the

6 litigation of the complaint.

7 (vi) NONEXCLUSIVE REMEDY.—The

8 complaint process provided for in this sub9 paragraph is in addition to any other

10 rights an employee may have in accordance

11 with applicable law.

12 (vii) EFFECT ON OTHER ACTIONS OR

13 PROCEEDINGS.—Any finding of fact or

14 law, judgment, conclusion, or final order

15 made by an arbitrator in the proceeding

16 before the Attorney General shall not be

17 conclusive or binding in any separate or

18 subsequent action or proceeding between

19 the employee and the employee’s current or

20 prior employer brought before an arbi21 trator, administrative agency, court, or

22 judge of any State or the United States,

23 regardless of whether the prior action was

24 between the same or related parties or in25 volved the same facts, except that the arbi-
13

•S 1313 IS

1 trator’s specific finding of the number of

2 days or hours of work lost by the employee

3 as a result of the employment termination

4 may be referred to the Attorney General

5 pursuant to clause (iv).

6 (C) CIVIL PENALTIES.—

7 (i) IN GENERAL.—If the Secretary

8 finds, after notice and opportunity for a

9 hearing, that an employer of a worker

10 whose status has been adjusted under sub11 section (a) has failed to provide the record

12 of employment required under subsection

13 (a)(5) or has provided a false statement of

14 material fact in such a record, the em15 ployer shall be subject to a civil money

16 penalty in an amount not to exceed $1,000

17 per violation.

18 (ii) LIMITATION.—The penalty appli19 cable under clause (i) for failure to provide

20 records shall not apply unless the alien has

21 provided the employer with evidence of em22 ployment authorization granted under this

23 section.

24 (c) ADJUSTMENT TO PERMANENT RESIDENCE.—

25 (1) AGRICULTURAL WORKERS.—
14

•S 1313 IS

1 (A) IN GENERAL.—Except as provided in

2 subparagraph (B), the Attorney General shall

3 adjust the status of any alien granted lawful

4 temporary resident status under subsection (a)

5 to that of an alien lawfully admitted for perma6 nent residence if the Attorney General deter7 mines that the following requirements are satis8 fied:

9 (i) QUALIFYING EMPLOYMENT.—The

10 alien has performed at least 540 hours or

11 90 work days, whichever is less, of agricul12 tural employment in the United States, in

13 each of 3 years during the 4-year period

14 beginning on the date that the alien first

15 obtains employment authorization.

16 (ii) APPLICATION PERIOD.—The alien

17 applies for adjustment of status not later

18 than the date that is 7 years after the date

19 of enactment of this Act.

20 (iii) PROOF.—In meeting the require21 ments of clause (i), an alien may submit

22 the record of employment described in sub23 section (a)(5) or such documentation as

24 may be submitted under subsection (d)(3).
15

•S 1313 IS

1 (iv) DISABILITY.—In determining

2 whether an alien has met the requirements

3 of clause (i) the Attorney General shall

4 credit the alien with any work days lost be5 cause the alien is unable to work in agri6 cultural employment due to injury or dis7 ease arising out of and in the course of the

8 alien’s agricultural employment, if the

9 alien can establish such disabling injury or

10 disease through medical records.

11 (B) GROUNDS FOR DENIAL OF ADJUST12 MENT OF STATUS.—The Attorney General may

13 deny an alien adjustment to permanent resident

14 status, and provide for termination of the tem15 porary resident status granted such alien under

16 subsection (a), if—

17 (i) the Attorney General finds by a

18 preponderance of the evidence that the ad19 justment to temporary resident status was

20 the result of fraud or willful misrepresenta21 tion, as described in section

22 212(a)(6)(C)(i) of the Immigration and

23 Nationality Act (8 U.S.C.

24 1182(a)(6)(C)(i)); or

25 (ii) the alien—
16

•S 1313 IS

1 (I) commits an act that makes

2 the alien inadmissible to the United

3 States under section 212 of the Immi4 gration and Nationality Act (8 U.S.C.

5 1182), except as provided under sub6 section (e)(2); or

7 (II) is convicted of a felony or 3

8 or more misdemeanors committed in

9 the United States.

10 (C) GROUNDS FOR REMOVAL.—Any alien

11 granted temporary resident status under sub12 section (a) who does not apply for adjustment

13 of status under this subsection before the expi14 ration of the application period described in

15 subparagraph (A)(ii), or who fails to meet the

16 other requirements of subparagraph (A) by the

17 end of the applicable period, is deportable and

18 may be removed under section 240 of the Immi19 gration and Nationality Act (8 U.S.C. 1229a).

20 (2) SPOUSES AND MINOR CHILDREN.—

21 (A) IN GENERAL.—Notwithstanding any

22 other provision of law, the Attorney General

23 shall adjust the status of any spouse or minor

24 child of an alien granted status under para25 graph (1), including any individual who was a
17

•S 1313 IS

1 minor child on the date such alien was granted

2 temporary resident status, if the spouse or

3 minor child applies for such adjustment, or if

4 the principal alien includes the spouse or minor

5 child in an application for such adjustment.

6 (B) TREATMENT OF SPOUSES AND MINOR

7 CHILDREN PRIOR TO ADJUSTMENT OF STA8 TUS.—A spouse or minor child of an alien

9 granted temporary resident status under sub10 section (a) may not be—

11 (i) removed while such alien maintains

12 such status; and

13 (ii) granted authorization to engage in

14 employment in the United States or be

15 provided an ‘‘employment authorized’’ en16 dorsement or other work permit, unless

17 such employment authorization is granted

18 under another provision of law.

19 (d) APPLICATIONS FOR ADJUSTMENT OF STATUS.—

20 (1) TO WHOM MAY BE MADE.—

21 (A) WITHIN THE UNITED STATES.—The

22 Attorney General shall provide that—

23 (i) applications for adjustment of sta24 tus under subsection (a) may be filed—
18

•S 1313 IS

1 (I) with the Attorney General,

2 but only if the applicant is rep3 resented by an attorney; or

4 (II) with a qualified designated

5 entity (designated under paragraph

6 (2)), but only if the applicant consents

7 to the forwarding of the application to

8 the Attorney General; and

9 (ii) applications for adjustment of sta10 tus under subsection (c) shall be filed di11 rectly with the Attorney General.

12 (B) OUTSIDE THE UNITED STATES.—The

13 Attorney General, in cooperation with the Sec14 retary of State, shall establish a procedure

15 whereby an alien may apply for adjustment of

16 status under subsection (a) at an appropriate

17 consular office outside the United States.

18 (C) PRELIMINARY APPLICATIONS.—

19 (i) IN GENERAL.—During the applica20 tion period described in subsection

21 (a)(1)(B), the Attorney General may grant

22 admission to the United States as a tem23 porary resident and provide an ‘‘employ24 ment authorized’’ endorsement or other ap25 propriate work permit to any alien who
19

•S 1313 IS

1 presents a preliminary application for ad2 justment of status under subsection (a) at

3 a designated port of entry on the southern

4 land border of the United States. An alien

5 who does not enter through a port of entry

6 is subject to deportation and removal as

7 otherwise provided in this Act.

8 (ii) DEFINITION.—For purposes of

9 clause (i), the term ‘‘preliminary applica10 tion’’ means a fully completed and signed

11 application which contains specific infor12 mation concerning the performance of

13 qualifying employment in the United

14 States, together with the payment of the

15 appropriate fee and the submission of pho16 tographs and the documentary evidence

17 which the applicant intends to submit as

18 proof of such employment.

19 (iii) ELIGIBILITY.—An applicant

20 under clause (i) must be otherwise admis21 sible to the United States under subsection

22 (e)(2) and must establish to the satisfac23 tion of the examining officer during an

24 interview that the applicant’s claim to eli-
20

•S 1313 IS

1 gibility for agricultural worker status is

2 credible.

3 (D) TRAVEL DOCUMENTATION.—The At4 torney General shall provide each alien whose

5 status is adjusted under this section with a

6 counterfeit-resistant document of authorization

7 to enter or reenter the United States.

8 (2) DESIGNATION OF ENTITIES TO RECEIVE AP9 PLICATIONS.—

10 (A) IN GENERAL.—For purposes of receiv11 ing applications under subsection (a), the Attor12 ney General—

13 (i) shall designate qualified farm labor

14 organizations and associations of employ15 ers; and

16 (ii) may designate such other persons

17 as the Attorney General determines are

18 qualified and have substantial experience,

19 demonstrate competence, and have tradi20 tional long-term involvement in the prepa21 ration and submittal of applications for ad22 justment of status under section 209, 210,

23 or 245 of the Immigration and Nationality

24 Act, Public Law 89–732, Public Law 95–
21

•S 1313 IS

1 145, or the Immigration Reform and Con2 trol Act of 1986.

3 (B) REFERENCES.—Organizations, asso4 ciations, and persons designated under subpara5 graph (A) are referred to in this Act as ‘‘quali6 fied designated entities’’.

7 (3) PROOF OF ELIGIBILITY.—

8 (A) IN GENERAL.—An alien may establish

9 that the alien meets the requirement of sub10 section (a)(1)(A) or subsection (c)(1)(A)

11 through government employment records or

12 records supplied by employers or collective bar13 gaining organizations, and other reliable docu14 mentation as the alien may provide. The Attor15 ney General shall establish special procedures to

16 properly credit work in cases in which an alien

17 was employed under an assumed name.

18 (B) DOCUMENTATION OF WORK HIS19 TORY.—(i) An alien applying for adjustment of

20 status under subsection (a)(1) or subsection

21 (c)(1) has the burden of proving by a prepon22 derance of the evidence that the alien has

23 worked the requisite number of hours or days

24 (as required under subsection (a)(1)(A) or sub25 section (c)(1)(A)).
22

•S 1313 IS

1 (ii) If an employer or farm labor con2 tractor employing such an alien has kept proper

3 and adequate records respecting such employ4 ment, the alien’s burden of proof under clause

5 (i) may be met by securing timely production of

6 those records under regulations to be promul7 gated by the Attorney General.

8 (iii) An alien can meet such burden of

9 proof if the alien establishes that the alien has

10 in fact performed the work described in sub11 section (a)(1)(A) or subsection (c)(1)(A) by

12 producing sufficient evidence to show the extent

13 of that employment as a matter of just and rea14 sonable inference.

15 (4) TREATMENT OF APPLICATIONS BY QUALI16 FIED DESIGNATED ENTITIES.—Each qualified des17 ignated entity must agree to forward to the Attorney

18 General applications filed with it in accordance with

19 paragraph (1)(A)(ii) but not to forward to the Attor20 ney General applications filed with it unless the ap21 plicant has consented to such forwarding. No such

22 entity may make a determination required by this

23 section to be made by the Attorney General. Upon

24 the request of the alien, a qualified designated entity
23

•S 1313 IS

1 shall assist the alien in obtaining documentation of

2 the work history of the alien.

3 (5) LIMITATION ON ACCESS TO INFORMA4 TION.—Files and records prepared for purposes of

5 this subsection by qualified designated entities oper6 ating under this subsection are confidential and the

7 Attorney General and the Immigration and Natu8 ralization Service shall not have access to such files

9 or records relating to an alien without the consent

10 of the alien, except as allowed by a court order

11 issued pursuant to paragraph (6).

12 (6) CONFIDENTIALITY OF INFORMATION.—

13 (A) IN GENERAL.—Except as otherwise

14 provided in this subsection, neither the Attor15 ney General, nor any other official or employee

16 of the Department of Justice, or bureau or

17 agency thereof, may—

18 (i) use the information furnished by

19 the applicant pursuant to an application

20 filed under this section, the information

21 provided to the applicant by a person des22 ignated under paragraph (2)(A), or any in23 formation provided by an employer or

24 former employer, for any purpose other

25 than to make a determination on the appli-
24

•S 1313 IS

1 cation, or for enforcement of paragraph

2 (7);

3 (ii) make any publication whereby the

4 information furnished by any particular in5 dividual can be identified; or

6 (iii) permit anyone other than the

7 sworn officers and employees of the De8 partment of Justice, or bureau or agency

9 thereof, or, with respect to applications

10 filed with a qualified designated entity,

11 that qualified designated entity, to examine

12 individual applications.

13 (B) CRIME.—Whoever knowingly uses,

14 publishes, or permits information to be exam15 ined in violation of this paragraph shall be fined

16 not more than $10,000.

17 (7) PENALTIES FOR FALSE STATEMENTS IN AP18 PLICATIONS.—

19 (A) CRIMINAL PENALTY.—Whoever—

20 (i) files an application for adjustment

21 of status under subsection (a) or (c) and

22 knowingly and willfully falsifies, conceals,

23 or covers up a material fact or makes any

24 false, fictitious, or fraudulent statements

25 or representations, or makes or uses any
25

•S 1313 IS

1 false writing or document knowing the

2 same to contain any false, fictitious, or

3 fraudulent statement or entry; or

4 (ii) creates or supplies a false writing

5 or document for use in making such an ap6 plication;

7 shall be fined in accordance with title 18,

8 United States Code, or imprisoned not more

9 than 5 years, or both.

10 (B) INADMISSIBILITY.—An alien who is

11 convicted of a crime under subparagraph (A)

12 shall be considered to be inadmissible to the

13 United States on the ground described in sec14 tion 212(a)(6)(C)(i) of the Immigration and

15 Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)).

16 (8) ELIGIBILITY FOR LEGAL SERVICES.—Sec17 tion 504(a)(11) of Public Law 104–134 (110 Stat.

18 1321–53 et seq.) shall not be construed to prevent

19 a recipient of funds under the Legal Services Cor20 poration Act (42 U.S.C. 2996 et seq.) from pro21 viding legal assistance directly related to an applica22 tion for adjustment of status under this section.

23 (9) APPLICATION FEES.—

24 (A) FEE SCHEDULE.—The Attorney Gen25 eral shall provide for a schedule of fees that—
26

•S 1313 IS

1 (i) shall be charged for the filing of

2 applications for adjustment under sub3 sections (a) and (c); and

4 (ii) may be charged by qualified des5 ignated entities to help defray the costs of

6 services provided to such applicants.

7 (B) PROHIBITION ON EXCESS FEES BY

8 QUALIFIED DESIGNATED ENTITIES.—A quali9 fied designated entity may not charge any fee

10 in excess of, or in addition to, the fees author11 ized under subparagraph (A)(ii) for services

12 provided to applicants.

13 (C) DISPOSITION OF FEES.—

14 (i) IN GENERAL.—There is established

15 in the general fund of the Treasury a sepa16 rate account, which shall be known as the

17 ‘‘Agricultural Worker Immigration Status

18 Adjustment Account’’. Notwithstanding

19 any other provision of law, there shall be

20 deposited as offsetting receipts into the ac21 count all fees collected under subparagraph

22 (A)(i).

23 (ii) USE OF FEES FOR APPLICATION

24 PROCESSING.—Amounts deposited in the

25 ‘‘Agricultural Worker Immigration Status
27

•S 1313 IS

1 Adjustment Account’’ shall remain avail2 able to the Attorney General until ex3 pended for processing applications for ad4 justment under subsections (a) and (c).

5 (e) WAIVER OF NUMERICAL LIMITATIONS AND CER6 TAIN GROUNDS FOR INADMISSIBILITY.—

7 (1) NUMERICAL LIMITATIONS DO NOT APPLY.—

8 The numerical limitations of sections 201 and 202

9 of the Immigration and Nationality Act (8 U.S.C.

10 1151 and 1152) shall not apply to the adjustment

11 of aliens to lawful permanent resident status under

12 this section.

13 (2) WAIVER OF CERTAIN GROUNDS OF INAD14 MISSIBILITY.—In the determination of an alien’s ad15 missibility under subsection (a)(1)(C) or an alien’s

16 eligibility for adjustment of status under subsection

17 (c)(1)(B)(ii)(I), the following rules shall apply:

18 (A) GROUNDS OF EXCLUSION NOT APPLI19 CABLE.—The provisions of paragraphs (5),

20 (6)(A), (7)(A), and (9)(B) of section 212(a) of

21 the Immigration and Nationality Act (8 U.S.C.

22 1182(a)) shall not apply.

23 (B) WAIVER OF OTHER GROUNDS.—

24 (i) IN GENERAL.—Except as provided

25 in clause (ii), the Attorney General may
28

•S 1313 IS

1 waive any other provision of such section

2 212(a) in the case of individual aliens for

3 humanitarian purposes, to ensure family

4 unity, or when it is otherwise in the public

5 interest.

6 (ii) GROUNDS THAT MAY NOT BE

7 WAIVED.—The following provisions of such

8 section 212(a) may not be waived by the

9 Attorney General under clause (i):

10 (I) Subparagraphs (A) and (B)

11 of paragraph (2) (relating to crimi12 nals).

13 (II) Paragraph (4) (relating to

14 aliens likely to become public

15 charges).

16 (III) Paragraph (2)(C) (relating

17 to drug offenses).

18 (IV) Paragraph (3) (relating to

19 security and related grounds), except

20 subparagraph (E).

21 (iii) CONSTRUCTION.—Nothing in this

22 subparagraph shall be construed as affect23 ing the authority of the Attorney General

24 other than under this subparagraph to

25 waive provisions of such section 212(a).
29

•S 1313 IS

1 (C) SPECIAL RULE FOR DETERMINATION

2 OF PUBLIC CHARGE.—An alien is not ineligible

3 for adjustment of status under this section by

4 reason of a ground of inadmissibility under sec5 tion 212(a)(4) of the Immigration and Nation6 ality Act if the alien demonstrates a history of

7 employment in the United States evidencing

8 self-support without reliance on public cash as9 sistance.

10 (f) TEMPORARY STAY OF REMOVAL AND WORK AU11 THORIZATION FOR CERTAIN APPLICANTS.—

12 (1) BEFORE APPLICATION PERIOD.—Effective

13 on the date of the enactment of this Act, the Attor14 ney General shall provide that, in the case of an

15 alien who is apprehended before the beginning of the

16 application period described in subsection (a)(1)(B)

17 and who can establish a nonfrivolous case of eligi18 bility to have the alien’s status adjusted under sub19 section (a) (but for the fact that the alien may not

20 apply for such adjustment until the beginning of

21 such period), until the alien has had the opportunity

22 during the first 30 days of the application period to

23 complete the filing of an application for adjustment,

24 the alien—

25 (A) may not be removed; and
30

•S 1313 IS

1 (B) shall be granted authorization to en2 gage in employment in the United States and

3 be provided an ‘‘employment authorized’’ en4 dorsement or other appropriate work permit for

5 such purpose.

6 (2) DURING APPLICATION PERIOD.—The Attor7 ney General shall provide that, in the case of an

8 alien who presents a nonfrivolous application for ad9 justment of status under subsection (a) during the

10 application period described in subsection (a)(1)(B),

11 including an alien who files such an application

12 within 30 days of the alien’s apprehension, and until

13 a final determination on the application has been

14 made in accordance with this section, the alien—

15 (A) may not be removed; and

16 (B) shall be granted authorization to en17 gage in employment in the United States and

18 be provided an ‘‘employment authorized’’ en19 dorsement or other appropriate work permit for

20 such purpose.

21 (g) ADMINISTRATIVE AND JUDICIAL REVIEW.—

22 (1) IN GENERAL.—There shall be no adminis23 trative or judicial review of a determination respect24 ing an application for adjustment of status under
31

•S 1313 IS

1 subsection (a) or (c) except in accordance with this

2 subsection.

3 (2) ADMINISTRATIVE REVIEW.—

4 (A) SINGLE LEVEL OF ADMINISTRATIVE

5 APPELLATE REVIEW.—The Attorney General

6 shall establish an appellate authority to provide

7 for a single level of administrative appellate re8 view of such a determination.

9 (B) STANDARD FOR REVIEW.—Such ad10 ministrative appellate review shall be based

11 solely upon the administrative record estab12 lished at the time of the determination on the

13 application and upon such additional or newly

14 discovered evidence as may not have been avail15 able at the time of the determination.

16 (3) JUDICIAL REVIEW.—

17 (A) LIMITATION TO REVIEW OF RE18 MOVAL.—There shall be judicial review of such

19 a denial only in the judicial review of an order

20 of removal under section 242 of the Immigra21 tion and Nationality Act (8 U.S.C. 1252).

22 (B) STANDARD FOR JUDICIAL REVIEW.—

23 Such judicial review shall be based solely upon

24 the administrative record established at the

25 time of the review by the appellate authority
32

•S 1313 IS

1 and the findings of fact and determinations

2 contained in such record shall be conclusive un3 less the applicant can establish abuse of discre4 tion or that the findings are directly contrary to

5 clear and convincing facts contained in the

6 record considered as a whole.

7 (h) DISSEMINATION OF INFORMATION ON ADJUST8 MENT PROGRAM.—Beginning not later than the 1st day

9 of the application period described in subsection (a)(1)(B),

10 the Attorney General, in cooperation with qualified des11 ignated entities, shall broadly disseminate information re12 specting the benefits that aliens may receive under this

13 section and the requirements to be satisfied to obtain such

14 benefits.

15 (i) REGULATIONS.—The Attorney General shall issue

16 regulations to implement this section not later than the

17 1st day of the 7th month that begins after the date of

18 the enactment of this Act.

19 (j) EFFECTIVE DATE.—This section shall take effect

20 on the date that regulations are issued implementing this

21 section on an interim or other basis.

22 (k) FUNDING.—There are hereby appropriated, out

23 of any money in the Treasury not otherwise appropriated,

24 $40,000,000 for each of fiscal years 2002 through 2005

25 to the Attorney General to carry out this section.
33

•S 1313 IS

1 SEC. 102. CORRECTION OF SOCIAL SECURITY RECORDS.

2 (a) IN GENERAL.—Section 208(d)(1) of the Social

3 Security Act (42 U.S.C. 408(d)(1)) is amended—

4 (1) in subparagraph (B), by striking ‘‘or’’ at

5 the end of clause (ii);

6 (2) in subparagraph (C), by inserting ‘‘or’’ at

7 the end;

8 (3) by inserting after subparagraph (C) the fol9 lowing:

10 ‘‘(D) whose status is adjusted to that of lawful

11 temporary resident under the H–2A Reform and Ag12 ricultural Worker Adjustment Act of 2001,’’; and

13 (4) by striking ‘‘1990.’’ and inserting ‘‘1990, or

14 in the case of an alien described in subparagraph

15 (D), if such conduct is alleged to have occurred prior

16 to the date on which the alien became lawfully ad17 mitted for temporary residence.’’.

18 (b) EFFECTIVE DATE.—The amendment made by

19 subsection (a) shall take effect on the 1st day of the 7th

20 month that begins after the date of the enactment of this

21 Act.
34

•S 1313 IS

1 TITLE II—REFORM OF H–2A

2 WORKER PROGRAM

3 SEC. 201. AMENDMENT TO THE IMMIGRATION AND NATION4 ALITY ACT.

5 (a) IN GENERAL.—The Immigration and Nationality

6 Act is amended by striking section 218 (8 U.S.C. 1188)

7 and inserting the following:

8 ‘‘H–2A EMPLOYER APPLICATIONS

9 ‘‘SEC. 218. (a) APPLICATIONS TO THE SEC10 RETARY.—

11 ‘‘(1) IN GENERAL.—No alien may be admitted

12 to the United States as an H–2A worker, or other13 wise provided status as an H–2A worker, unless the

14 employer has filed with the Secretary an application

15 containing—

16 ‘‘(A) the assurances described in sub17 section (b);

18 ‘‘(B) a description of the nature and loca19 tion of the work to be performed;

20 ‘‘(C) the anticipated period (expected be21 ginning and ending dates) for which workers

22 will be needed; and

23 ‘‘(D) the number of job opportunities in

24 which the employer seeks to employ workers.
35

•S 1313 IS

1 ‘‘(2) ACCOMPANIED BY JOB OFFER.—Each ap2 plication filed under paragraph (1) shall be accom3 panied by a copy of the job offer describing the

4 wages and other terms and conditions of employ5 ment and the bona fide occupational qualifications

6 that must be possessed by a worker to be employed

7 in the job opportunity in question.

8 ‘‘(b) ASSURANCES FOR INCLUSION IN APPLICA9 TIONS.—The assurances referred to in subsection (a)(1)

10 are the following:

11 ‘‘(1) JOB OPPORTUNITIES COVERED BY COL12 LECTIVE BARGAINING AGREEMENTS.—With respect

13 to a job opportunity that is covered under a collec14 tive bargaining agreement:

15 ‘‘(A) UNION CONTRACT DESCRIBED.—The

16 job opportunity is covered by a union contract

17 which was negotiated at arm’s length between a

18 bona fide union and the employer.

19 ‘‘(B) NO STRIKE OR LOCKOUT.—There is

20 not a strike or lockout in the course of a labor

21 dispute in the occupational classification at the

22 place of employment.

23 ‘‘(C) NOTIFICATION OF BARGAINING REP24 RESENTATIVES.—The employer, at the time of

25 filing the application, has provided notice of the
36

•S 1313 IS

1 filing under this paragraph to the bargaining

2 representative of the employer’s employees in

3 the occupational classification at the place or

4 places of employment for which aliens are

5 sought.

6 ‘‘(D) TEMPORARY OR SEASONAL JOB OP7 PORTUNITIES.—The job opportunity is tem8 porary or seasonal.

9 ‘‘(E) OFFERS TO UNITED STATES WORK10 ERS.—The employer has offered or will offer

11 the job to any eligible United States worker

12 who applies and is equally or better qualified

13 for the job for which the nonimmigrant is, or

14 the nonimmigrants are, sought and who will be

15 available at the time and place of need.

16 ‘‘(F) PROVISION OF INSURANCE.—If the

17 job opportunity is not covered by the State

18 workers’ compensation law, the employer will

19 provide, at no cost to the worker, insurance cov20 ering injury and disease arising out of, and in

21 the course of, the worker’s employment which

22 will provide benefits at least equal to those pro23 vided under the State’s workers’ compensation

24 law for comparable employment.
37

•S 1313 IS

1 ‘‘(2) JOB OPPORTUNITIES NOT COVERED BY

2 COLLECTIVE BARGAINING AGREEMENTS.—With re3 spect to a job opportunity that is not covered under

4 a collective bargaining agreement:

5 ‘‘(A) NO STRIKE OR LOCKOUT.—There is

6 not a strike or lockout in the course of a labor

7 dispute in the occupational classification at the

8 place of employment.

9 ‘‘(B) TEMPORARY OR SEASONAL JOB OP10 PORTUNITIES.—The job opportunity is tem11 porary or seasonal.

12 ‘‘(C) BENEFIT, WAGE, AND WORKING CON13 DITIONS.—The employer will provide, at a min14 imum, the benefits, wages, and working condi15 tions required by section 218A to all workers

16 employed in the job opportunities for which the

17 employer has applied under subsection (a) and

18 to all other workers in the same occupation at

19 the place of employment.

20 ‘‘(D) NONDISPLACEMENT OF UNITED

21 STATES WORKERS.—The employer did not dis22 place and will not displace a United States

23 worker employed by the employer during the

24 period of employment and for a period of 30

25 days preceding the period of employment in the
38

•S 1313 IS

1 occupation at the place of employment for

2 which the employer seeks approval to employ

3 H–2A workers.

4 ‘‘(E) REQUIREMENTS FOR PLACEMENT OF

5 NONIMMIGRANT WITH OTHER EMPLOYERS.—

6 The employer will not place the nonimmigrant

7 with another employer unless—

8 ‘‘(i) the nonimmigrant performs du9 ties in whole or in part at one or more

10 work sites owned, operated, or controlled

11 by such other employer;

12 ‘‘(ii) there are indicia of an employ13 ment relationship between the non14 immigrant and such other employer; and

15 ‘‘(iii) the employer has inquired of the

16 other employer as to whether, and has no

17 actual knowledge or notice that, during the

18 period of employment and for a period of

19 30 days preceding the period of employ20 ment, the other employer has displaced or

21 intends to displace a United States worker

22 employed by the other employer in the oc23 cupation at the place of employment for

24 which the employer seeks approval to em25 ploy H–2A workers.
39

•S 1313 IS

1 ‘‘(F) STATEMENT OF LIABILITY.—The ap2 plication form shall include a clear statement

3 explaining the liability under subparagraph (E)

4 of an employer if the other employer described

5 in such subparagraph displaces a United States

6 worker as described in such subparagraph.

7 ‘‘(G) PROVISION OF INSURANCE.—If the

8 job opportunity is not covered by the State

9 workers’ compensation law, the employer will

10 provide, at no cost to the worker, insurance cov11 ering injury and disease arising out of and in

12 the course of the worker’s employment which

13 will provide benefits at least equal to those pro14 vided under the State’s workers’ compensation

15 law for comparable employment.

16 ‘‘(H) EMPLOYMENT OF UNITED STATES

17 WORKERS.—

18 ‘‘(i) RECRUITMENT.—The employer

19 has taken or will take the following steps

20 to recruit United States workers for the

21 job opportunities for which the H–2A non22 immigrant is, or H–2A nonimmigrants are,

23 sought:

24 ‘‘(I) CONTACTING FORMER

25 WORKERS.—The employer shall make
40

•S 1313 IS

1 reasonable efforts through the sending

2 of a letter by United States Postal

3 Service mail, or otherwise, to contact

4 any United States worker the em5 ployer employed during the previous

6 season in the occupation at the place

7 of intended employment for which the

8 employer is applying for workers and

9 has made the availability of the em10 ployer’s job opportunities in the occu11 pation at the place of intended em12 ployment known to such previous

13 workers, unless the worker was termi14 nated from employment by the em15 ployer for a lawful job-related reason

16 or abandoned the job before the work17 er completed the period of employ18 ment of the job opportunity for which

19 the worker was hired.

20 ‘‘(II) FILING A JOB OFFER WITH

21 THE LOCAL OFFICE OF THE STATE

22 EMPLOYMENT SECURITY AGENCY.—

23 Not later than 28 days prior to the

24 date on which the employer desires to

25 employ an H–2A worker in a tem-
41

•S 1313 IS

1 porary or seasonal agricultural job op2 portunity, the employer shall submit a

3 copy of the job offer described in sub4 section (a)(2) to the local office of the

5 State employment security agency

6 which serves the area of intended em7 ployment and authorize the posting of

8 the job opportunity on ‘America’s Job

9 Bank’ or other electronic job registry,

10 except that nothing in this subclause

11 shall require the employer to file an

12 interstate job order under section 653

13 of title 20, Code of Federal Regula14 tions.

15 ‘‘(III) ADVERTISING OF JOB OP16 PORTUNITIES.—Not later than 14

17 days prior to the date on which the

18 employer desires to employ an H–2A

19 worker in a temporary or seasonal ag20 ricultural job opportunity, the em21 ployer shall advertise the availability

22 of the job opportunities for which the

23 employer is seeking workers in a pub24 lication in the local labor market that
42

•S 1313 IS

1 is likely to be patronized by potential

2 farm workers.

3 ‘‘(IV) EMERGENCY PROCE4 DURES.—The Secretary shall, by reg5 ulation, provide a procedure for ac6 ceptance and approval of applications

7 in which the employer has not com8 plied with the provisions of this sub9 paragraph because the employer’s

10 need for H–2A workers could not rea11 sonably have been foreseen.

12 ‘‘(ii) JOB OFFERS.—The employer has

13 offered or will offer the job to any eligible

14 United States worker who applies and is

15 equally or better qualified for the job for

16 which the nonimmigrant is, or non17 immigrants are, sought and who will be

18 available at the time and place of need.

19 ‘‘(iii) PERIOD OF EMPLOYMENT.—The

20 employer will provide employment to any

21 qualified United States worker who applies

22 to the employer during the period begin23 ning on the date on which the foreign

24 worker departs for the employer’s place of

25 employment and ending on the date on
43

•S 1313 IS

1 which 50 percent of the period of employ2 ment for which the foreign worker who is

3 in the job was hired has elapsed, subject

4 to the following requirements:

5 ‘‘(I) PROHIBITION.—No person

6 or entity shall willfully and knowingly

7 withhold United States workers prior

8 to the arrival of H–2A workers in

9 order to force the hiring of United

10 States workers under this clause.

11 ‘‘(II) COMPLAINTS.—Upon re12 ceipt of a complaint by an employer

13 that a violation of subclause (I) has

14 occurred, the Secretary shall imme15 diately investigate. The Secretary

16 shall, within 36 hours of the receipt of

17 the complaint, issue findings con18 cerning the alleged violation. If the

19 Secretary finds that a violation has

20 occurred, the Secretary shall imme21 diately suspend the application of this

22 clause with respect to that certifi23 cation for that date of need.

24 ‘‘(III) PLACEMENT OF UNITED

25 STATES WORKERS.—Prior to referring
44

•S 1313 IS

1 a United States worker to an em2 ployer during the period described in

3 the matter preceding subclause (I),

4 the Secretary shall make all reason5 able efforts to place the United States

6 worker in an open job acceptable to

7 the worker, if there are other job of8 fers pending with the job service that

9 offer similar job opportunities in the

10 area of intended employment.

11 ‘‘(iv) STATUTORY CONSTRUCTION.—

12 Nothing in this subparagraph shall be con13 strued to prohibit an employer from using

14 such legitimate selection criteria relevant

15 to the type of job that are normal or cus16 tomary to the type of job involved so long

17 as such criteria are not applied in a dis18 criminatory manner.

19 ‘‘(c) APPLICATIONS BY ASSOCIATIONS ON BEHALF

20 OF EMPLOYER MEMBERS.—

21 ‘‘(1) IN GENERAL.—An agricultural association

22 may file an application under subsection (a) on be23 half of one or more of its employer members that

24 the association certifies in its application has or have
45

•S 1313 IS

1 agreed in writing to comply with the requirements of

2 this section and sections 218A through 218C.

3 ‘‘(2) TREATMENT OF ASSOCIATIONS ACTING AS

4 EMPLOYERS.—If an association filing an application

5 under paragraph (1) is a joint or sole employer of

6 the temporary or seasonal agricultural workers re7 quested on the application, the certifications granted

8 under subsection (e)(2)(B) to the association may be

9 used for the certified job opportunities of any of its

10 producer members named on the application, and

11 such workers may be transferred among such pro12 ducer members to perform the agricultural services

13 of a temporary or seasonal nature for which the cer14 tifications were granted.

15 ‘‘(d) WITHDRAWAL OF APPLICATIONS.—

16 ‘‘(1) IN GENERAL.—An employer may withdraw

17 an application under subsection (a), except that if

18 the employer is an agricultural association, the asso19 ciation may withdraw an application under sub20 section (a) with respect to one or more of its mem21 bers. To withdraw an application, the employer or

22 association shall notify the Secretary in writing, and

23 the Secretary shall acknowledge in writing the re24 ceipt of such withdrawal notice. An employer who

25 withdraws an application under subsection (a), or on
46

•S 1313 IS

1 whose behalf an application is withdrawn, is relieved

2 of the obligations undertaken in the application.

3 ‘‘(2) LIMITATION.—An application may not be

4 withdrawn while any alien provided status under sec5 tion 101(a)(15)(H)(ii)(a) pursuant to such applica6 tion is employed by the employer.

7 ‘‘(3) OBLIGATIONS UNDER OTHER STATUTES.—

8 Any obligation incurred by an employer under any

9 other law or regulation as a result of the recruit10 ment of United States workers or H–2A workers

11 under an offer of terms and conditions of employ12 ment required as a result of making an application

13 under subsection (a) is unaffected by withdrawal of

14 such application.

15 ‘‘(e) REVIEW AND APPROVAL OF APPLICATIONS.—

16 ‘‘(1) RESPONSIBILITY OF EMPLOYERS.—The

17 employer shall make available for public examina18 tion, within 1 working day after the date on which

19 an application under subsection (a) is filed, at the

20 employer’s principal place of business or work site,

21 a copy of each such application (and such accom22 panying documents as are necessary).

23 ‘‘(2) RESPONSIBILITY OF THE SECRETARY.—

24 ‘‘(A) COMPILATION OF LIST.—The Sec25 retary shall compile, on a current basis, a list
47

•S 1313 IS

1 (by employer and by occupational classification)

2 of the applications filed under this subsection.

3 Such list shall include the wage rate, number

4 of workers sought, period of intended employ5 ment, and date of need. The Secretary shall

6 make such list available for examination in the

7 District of Columbia.

8 ‘‘(B) REVIEW OF APPLICATIONS.—The

9 Secretary shall review such an application only

10 for completeness and obvious inaccuracies. Un11 less the Secretary finds that the application is

12 incomplete or obviously inaccurate, the Sec13 retary shall certify that the intending employer

14 has filed with the Secretary an application as

15 described in subsection (a). Such certification

16 shall be provided within 7 days of the filing of

17 the application.

18 ‘‘H–2A EMPLOYMENT REQUIREMENTS

19 ‘‘SEC. 218A. (a) PREFERENTIAL TREATMENT OF

20 ALIENS PROHIBITED.—Employers seeking to hire United

21 States workers shall offer the United States workers no

22 less than the same benefits, wages, and working conditions

23 that the employer is offering, intends to offer, or will pro24 vide to H–2A workers. Conversely, no job offer may im25 pose on United States workers any restrictions or obliga-
48

•S 1313 IS

1 tions which will not be imposed on the employer’s H–2A

2 workers.

3 ‘‘(b) MINIMUM BENEFITS, WAGES, AND WORKING

4 CONDITIONS.—Except in cases where higher benefits,

5 wages, or working conditions are required by the provi6 sions of subsection (a), in order to protect similarly em7 ployed United States workers from adverse effects with

8 respect to benefits, wages, and working conditions, every

9 job offer which must accompany an application under sec10 tion 218 shall include each of the following benefit, wage,

11 and working condition provisions:

12 ‘‘(1) REQUIREMENT TO PROVIDE HOUSING OR A

13 HOUSING ALLOWANCE.—

14 ‘‘(A) IN GENERAL.—An employer applying

15 under section 218(a) for H–2A workers shall

16 offer to provide housing at no cost to all work17 ers in job opportunities for which the employer

18 has applied under that section and to all other

19 workers in the same occupation at the place of

20 employment, whose place of residence is beyond

21 normal commuting distance.

22 ‘‘(B) TYPE OF HOUSING.—In complying

23 with subparagraph (A), an employer may, at

24 the employer’s election, provide housing that

25 meets applicable Federal standards for tem-
49

•S 1313 IS

1 porary labor camps or secure housing that

2 meets applicable local standards for rental or

3 public accommodation housing or other sub4 stantially similar class of habitation, or in the

5 absence of applicable local standards, State

6 standards for rental or public accommodation

7 housing or other substantially similar class of

8 habitation. In the absence of applicable local or

9 State standards, Federal temporary labor camp

10 standards shall apply.

11 ‘‘(C) FAMILY HOUSING.—When it is the

12 prevailing practice in the area and occupation

13 of intended employment to provide family hous14 ing, family housing shall be provided to workers

15 with families who request it.

16 ‘‘(D) WORKERS ENGAGED IN THE RANGE

17 PRODUCTION OF LIVESTOCK.—The Occupa18 tional Safety and Health Administration shall

19 issue regulations that address the specific re20 quirements for the provision of housing to

21 workers engaged in the range production of

22 livestock.

23 ‘‘(E) LIMITATION.—Nothing in this para24 graph shall be construed to require an employer

25 to provide or secure housing for persons who
50

•S 1313 IS

1 were not entitled to such housing under the

2 temporary labor certification regulations in ef3 fect on June 1, 1986.

4 ‘‘(F) CHARGES FOR HOUSING.—

5 ‘‘(i) CHARGES FOR PUBLIC HOUS6 ING.—If public housing provided for mi7 grant agricultural workers under the aus8 pices of a local, county, or State govern9 ment is secured by an employer, and use of

10 the public housing unit normally requires

11 charges from migrant workers, such

12 charges shall be paid by the employer di13 rectly to the appropriate individual or enti14 ty affiliated with the housing’s manage15 ment.

16 ‘‘(ii) DEPOSIT CHARGES.—Charges in

17 the form of deposits for bedding or other

18 similar incidentals related to housing shall

19 not be levied upon workers by employers

20 who provide housing for their workers.

21 However, an employer may require a work22 er found to have been responsible for dam23 age to such housing which is not the result

24 of normal wear and tear related to habi-
51

•S 1313 IS

1 tation to reimburse the employer for the

2 reasonable cost of repair of such damage.

3 ‘‘(G) HOUSING ALLOWANCE AS ALTER4 NATIVE.—

5 ‘‘(i) IN GENERAL.—In lieu of offering

6 housing pursuant to subparagraph (A), the

7 employer may provide a reasonable housing

8 allowance, but only if the requirement of

9 clause (ii) is satisfied. Upon the request of

10 a worker seeking assistance in locating

11 housing, the employer shall make a good

12 faith effort to assist the worker in identi13 fying and locating housing in the area of

14 intended employment. An employer who of15 fers a housing allowance to a worker, or

16 assists a worker in locating housing which

17 the worker occupies, pursuant to this

18 clause shall not be deemed a housing pro19 vider under section 203 of the Migrant and

20 Seasonal Agricultural Worker Protection

21 Act (29 U.S.C. 1823) solely by virtue of

22 providing such housing allowance. How23 ever, no housing allowance may be used for

24 housing which is owned or controlled by

25 the employer.
52

•S 1313 IS

1 ‘‘(ii) CERTIFICATION.—The require2 ment of this clause is satisfied if the Gov3 ernor of the State certifies to the Secretary

4 that there is adequate housing available in

5 the area of intended employment for mi6 grant farm workers, and H–2A workers,

7 who are seeking temporary housing while

8 employed at farm work. Such certification

9 shall expire after 3 years unless renewed

10 by the Governor of the State.

11 ‘‘(iii) AMOUNT OF ALLOWANCE.—

12 ‘‘(I) NONMETROPOLITAN COUN13 TIES.—If the place of employment of

14 the workers provided an allowance

15 under this subparagraph is a non16 metropolitan county, the amount of

17 the housing allowance under this sub18 paragraph shall be equal to the state19 wide average fair market rental for

20 existing housing for nonmetropolitan

21 counties for the State, as established

22 by the Secretary of Housing and

23 Urban Development pursuant to sec24 tion 8(c) of the United States Hous25 ing Act of 1937 (42 U.S.C. 1437f(c)),
53

•S 1313 IS

1 based on a 2-bedroom dwelling unit

2 and an assumption of 2 persons per

3 bedroom.

4 ‘‘(II) METROPOLITAN COUN5 TIES.—If the place of employment of

6 the workers provided an allowance

7 under this paragraph is in a metro8 politan county, the amount of the

9 housing allowance under this subpara10 graph shall be equal to the statewide

11 average fair market rental for existing

12 housing for metropolitan counties for

13 the State, as established by the Sec14 retary of Housing and Urban Devel15 opment pursuant to section 8(c) of

16 the United States Housing Act of

17 1937 (42 U.S.C. 1437f(c)), based on

18 a 2-bedroom dwelling unit and an as19 sumption of 2 persons per bedroom.

20 ‘‘(2) REIMBURSEMENT OF TRANSPORTATION.—

21 ‘‘(A) TO PLACE OF EMPLOYMENT.—A

22 worker who completes 50 percent of the period

23 of employment of the job opportunity for which

24 the worker was hired shall be reimbursed by the

25 employer for the cost of the worker’s transpor-
54

•S 1313 IS

1 tation and subsistence from the place from

2 which the worker came to work for the em3 ployer (or place of last employment, if the

4 worker traveled from such place) to the place of

5 employment.

6 ‘‘(B) FROM PLACE OF EMPLOYMENT.—A

7 worker who completes the period of employment

8 for the job opportunity involved shall be reim9 bursed by the employer for the cost of the

10 worker’s transportation and subsistence from

11 the place of employment to the place from

12 which the worker, disregarding intervening em13 ployment, came to work for the employer, or to

14 the place of next employment, if the worker has

15 contracted with a subsequent employer who has

16 not agreed to provide or pay for the worker’s

17 transportation and subsistence to such subse18 quent employer’s place of employment.

19 ‘‘(C) LIMITATION.—

20 ‘‘(i) AMOUNT OF REIMBURSEMENT.—

21 Except as provided in clause (ii), the

22 amount of reimbursement provided under

23 subparagraph (A) or (B) to a worker or

24 alien shall not exceed the lesser of—
55

•S 1313 IS

1 ‘‘(I) the actual cost to the worker

2 or alien of the transportation and sub3 sistence involved; or

4 ‘‘(II) the most economical and

5 reasonable common carrier transpor6 tation charges and subsistence costs

7 for the distance involved.

8 ‘‘(ii) DISTANCE TRAVELED.—No reim9 bursement under subparagraph (A) or (B)

10 shall be required if the distance traveled is

11 100 miles or less, or the worker is not re12 siding in employer-provided housing or

13 housing secured through an allowance as

14 provided in paragraph (1)(G).

15 ‘‘(D) EARLY TERMINATION.—If the worker

16 is laid off or employment is terminated for con17 tract impossibility (as described in paragraph

18 (4)(D)) before the anticipated ending date of

19 employment, the employer shall provide the

20 transportation and subsistence required by sub21 paragraph (B) and, notwithstanding whether

22 the worker has completed 50 percent of the pe23 riod of employment, shall provide the transpor24 tation reimbursement required by subparagraph

25 (A).
56

•S 1313 IS

1 ‘‘(E) TRANSPORTATION BETWEEN LIVING

2 QUARTERS AND WORK SITE.—The employer

3 shall provide transportation between the work4 er’s living quarters (i.e., housing provided by

5 the employer pursuant to paragraph (1), includ6 ing housing provided through a housing allow7 ance) and the employer’s work site without cost

8 to the worker, and such transportation will be

9 in accordance with applicable laws and regula10 tions.

11 ‘‘(3) REQUIRED WAGES.—

12 ‘‘(A) IN GENERAL.—An employer applying

13 for workers under section 218(a) shall offer to

14 pay, and shall pay, all workers in the occupa15 tion for which the employer has applied for

16 workers, not less (and is not required to pay

17 more) than the greater of the prevailing wage

18 in the occupation in the area of intended em19 ployment or the adverse effect wage rate. No

20 worker shall be paid less than the greater of the

21 hourly wage prescribed under section 6(a)(1) of

22 the Fair Labor Standards Act of 1938 (29

23 U.S.C. 206(a)(1)) or the applicable State min24 imum wage.
57

•S 1313 IS

1 ‘‘(B) DEDUCTIONS.—The employer shall

2 make only those deductions from the worker’s

3 paycheck which are authorized by law or are

4 reasonable and customary in the occupation and

5 area of employment. The job offer shall specify

6 all deductions not required by law which the

7 employer will make from the worker’s paycheck.

8 ‘‘(C) REPORT ON WAGE PROTECTIONS.—

9 Not later than January 1, 2004, the Resources,

10 Community and Economic Development Divi11 sion, and the Health, Education and Human

12 Services Division, of the General Accounting

13 Office shall jointly prepare and transmit to the

14 Secretary of Labor and to the Committee on

15 the Judiciary of the House of Representatives

16 and the Committee on the Judiciary of the Sen17 ate a report which shall address—

18 ‘‘(i) whether the adverse effect wage

19 rate is effective in preventing the wages of

20 United States farm workers from being de21 pressed in occupations in which H–2A

22 workers are employed;

23 ‘‘(ii) whether alternative wage protec24 tions, such as a prevailing wage standard,
58

•S 1313 IS

1 are sufficient to prevent such wage depres2 sion;

3 ‘‘(iii) whether any changes are war4 ranted in the current methodologies for

5 calculating the adverse effect wage rate

6 and the prevailing wage; and

7 ‘‘(iv) recommendations for future

8 wage protections under the this section.

9 ‘‘(D) COMMISSION ON WAGE STAND10 ARDS.—

11 ‘‘(i) ESTABLISHMENT.—There is es12 tablished the Commission on Agricultural

13 Wage Standards under the H–2A program

14 (in this subparagraph referred to as the

15 ‘Commission’).

16 ‘‘(ii) COMPOSITION.—The Commission

17 shall consist of 10 members as follows:

18 ‘‘(I) 4 representatives of agricul19 tural employers and 1 representative

20 of the Department of Agriculture,

21 each appointed by the Secretary of

22 Agriculture.

23 ‘‘(II) 4 representatives of agricul24 tural workers and 1 representative of
59

•S 1313 IS

1 the Department of Labor, each ap2 pointed by the Secretary of Labor.

3 ‘‘(iii) FUNCTIONS.—The Commission

4 shall conduct a study that shall address—

5 ‘‘(I) whether the adverse effect

6 wage rate is effective in preventing

7 the wages of United States farm

8 workers from being depressed in occu9 pations in which H–2A workers are

10 employed;

11 ‘‘(II) whether alternative wage

12 protections, such as a prevailing wage

13 standard, are sufficient to prevent

14 such wage depression;

15 ‘‘(III) whether any changes are

16 warranted in the current methodolo17 gies for calculating the adverse effect

18 wage rate and the prevailing wage;

19 and

20 ‘‘(IV) recommendations to raise

21 farm workers earnings and to reduce

22 farm worker poverty while ensuring a

23 profitable, efficient, labor-intensive ag24 ricultural sector with a minimum of

25 governmental intervention.
60

•S 1313 IS

1 ‘‘(iv) FINAL REPORT.—Not later than

2 January 1, 2004, the Commission shall

3 submit a report to the Congress setting

4 forth the findings of the study conducted

5 under clause (iii).

6 ‘‘(v) TERMINATION DATE.—The Com7 mission shall terminate upon submitting

8 its final report.

9 ‘‘(4) GUARANTEE OF EMPLOYMENT.—

10 ‘‘(A) OFFER TO WORKER.—The employer

11 shall guarantee to offer the worker employment

12 for the hourly equivalent of at least three13 fourths of the work days of the total period of

14 employment, beginning with the first work day

15 after the arrival of the worker at the place of

16 employment and ending on the expiration date

17 specified in the job offer. For purposes of this

18 subparagraph, the hourly equivalent means

19 eight hours times the number of work days as

20 stated in the job offer and shall exclude the

21 worker’s Sabbath and Federal holidays. If the

22 employer affords the United States or H–2A

23 worker less employment than that required

24 under this paragraph, the employer shall pay

25 such worker the amount which the worker
61

•S 1313 IS

1 would have earned had the worker, in fact,

2 worked for the guaranteed number of hours.

3 ‘‘(B) FAILURE TO WORK.—Any hours

4 which the worker fails to work, up to a max5 imum of eight hours on a work day, when the

6 worker has been offered an opportunity to do

7 so, and all hours of work actually performed

8 (including voluntary work in excess of eight

9 hours on a work day, on the worker’s Sabbath,

10 or on Federal holidays) may be counted by the

11 employer in calculating whether the period of

12 guaranteed employment has been met.

13 ‘‘(C) ABANDONMENT OF EMPLOYMENT,

14 TERMINATION FOR CAUSE.—If the worker vol15 untarily abandons employment before the end

16 of the contract period, or is terminated for

17 cause, the worker is not entitled to the ‘three18 fourths guarantee’ described in subparagraph

19 (A).

20 ‘‘(D) CONTRACT IMPOSSIBILITY.—If, be21 fore the expiration of the period of employment

22 specified in the job offer, the services of the

23 worker are no longer required for reasons be24 yond the control of the employer due to any

25 form of natural disaster, including but not lim-
62

•S 1313 IS

1 ited to a flood, hurricane, freeze, earthquake,

2 fire, drought, plant or animal disease or pest in3 festation, or regulatory drought, before the

4 guarantee in subparagraph (A) is fulfilled, the

5 employer may terminate the worker’s employ6 ment. In the event of such termination, the em7 ployer shall fulfill the employment guarantee in

8 subparagraph (A) for the work days that have

9 elapsed from the first work day after the arrival

10 of the worker to the termination of employ11 ment. In such cases, the employer will make ef12 forts to transfer the United States worker to

13 other comparable employment acceptable to the

14 worker. If such transfer is not effected, the em15 ployer shall provide the return transportation

16 required in paragraph (2)(D).

17 ‘‘(c) COMPLIANCE WITH LABOR LAWS.—An em18 ployer shall assure that, except as otherwise provided in

19 this section the employer will comply with all applicable

20 Federal, State, and local labor laws, including laws affect21 ing migrant and seasonal agricultural workers, with re22 spect to all United States workers and alien workers em23 ployed by the employer, except that a violation of this sub24 section shall not constitute a violation of the Migrant and
63

•S 1313 IS

1 Seasonal Agricultural Worker Protection Act (29 U.S.C.

2 1801 et seq.).

3 ‘‘(d) DISCLOSURE OF TERMS AND CONDITIONS OF

4 EMPLOYMENT.—With respect to H–2A aliens recruited

5 from outside the United States, the disclosure required

6 under section 201(c) of the Migrant and Seasonal Agricul7 tural Worker Protection Act (29 U.S.C. 1821(c)) may be

8 made at any time prior to the time the alien is issued a

9 visa permitting entry into the United States, except that

10 if a fee is paid by the alien to a person who has been

11 authorized by the employer or an association of employers

12 to recruit aliens on behalf of the employer for employment

13 as an H–2A worker, the disclosure shall be made not later

14 than the time such fee is paid to such person.

15 ‘‘PROCEDURE FOR ADMISSION AND EXTENSION OF STAY

16 OF H–2A WORKERS

17 ‘‘SEC. 218B. (a) PETITIONING FOR ADMISSION.—An

18 employer, or an association acting as an agent or joint

19 employer for its members, that seeks the admission into

20 the United States of an H–2A worker may file a petition

21 with the Attorney General. The petition shall be accom22 panied by an accepted and currently valid certification

23 provided by the Secretary under section 218(e)(2)(B) cov24 ering the petitioner.

25 ‘‘(b) EXPEDITED ADJUDICATION BY THE ATTORNEY

26 GENERAL.—The Attorney General shall establish a proce-
64

•S 1313 IS

1 dure for expedited adjudication of petitions filed under

2 subsection (a) and within 7 working days shall, by fax,

3 cable, or other means assuring expedited delivery, trans4 mit a copy of notice of action on the petition to the peti5 tioner and, in the case of approved petitions, to the appro6 priate immigration officer at the port of entry or United

7 States consulate (as the case may be) where the petitioner

8 has indicated that the alien beneficiary (or beneficiaries)

9 will apply for a visa or admission to the United States.

10 ‘‘(c) CRITERIA FOR ADMISSIBILITY.—

11 ‘‘(1) IN GENERAL.—An H–2A worker shall be

12 considered admissible to the United States if the

13 alien is otherwise admissible under this section, sec14 tion 218, and section 218A, and the alien is not in15 eligible under paragraph (2).

16 ‘‘(2) DISQUALIFICATION.—An alien shall be

17 considered inadmissible to the United States and in18 eligible for nonimmigrant status under section

19 101(a)(15)(H)(ii)(a) if the alien has, at any time

20 during the past 5 years—

21 ‘‘(A) violated a material provision of this

22 section, including the requirement to promptly

23 depart the United States when the alien’s au24 thorized period of admission under this section

25 has expired; or
65

•S 1313 IS

1 ‘‘(B) otherwise violated a term or condition

2 of admission into the United States as a non3 immigrant, including overstaying the period of

4 authorized admission as such a nonimmigrant.

5 ‘‘(3) WAIVER OF INELIGIBILITY FOR UNLAW6 FUL PRESENCE.—

7 ‘‘(A) IN GENERAL.—An alien who has not

8 previously been admitted into the United States

9 pursuant to this section, and who is otherwise

10 eligible for admission in accordance with para11 graphs (1) and (2), shall not be deemed inad12 missible by virtue of section 212(a)(9)(B). If an

13 alien described in the preceding sentence is

14 present in the United States, the alien may

15 apply from abroad for H–2A worker status, but

16 may not be granted that status by adjustment

17 in the United States.

18 ‘‘(B) MAINTENANCE OF WAIVER.—An

19 alien provided an initial waiver of ineligibility

20 pursuant to subparagraph (A) shall remain eli21 gible for such waiver unless the alien violates

22 the terms of this section or again becomes ineli23 gible under section 212(a)(9)(B) by virtue of

24 unlawful presence in the United States after
66

•S 1313 IS

1 the date of the initial waiver of ineligibility pur2 suant to subparagraph (A).

3 ‘‘(d) PERIOD OF ADMISSION.—

4 ‘‘(1) IN GENERAL.—The alien shall be admitted

5 for the period of employment in the application, cer6 tified by the Secretary pursuant to section

7 218(e)(2)(B), not to exceed 10 months, supple8 mented by a period of up to 1 week before the begin9 ning of the period of employment (to be granted for

10 the purpose of travel to the work site) and a period

11 of 14 days following the period of employment (to be

12 granted for the purpose of departure or extension

13 based on a subsequent offer of employment), except

14 that—

15 ‘‘(A) the alien is not authorized to be em16 ployed during such 14-day period except in the

17 employment for which the alien was previously

18 authorized; and

19 ‘‘(B) the total period of employment, in20 cluding such 14-day period, may not exceed 10

21 months.

22 ‘‘(2) CONSTRUCTION.—Nothing in this sub23 section shall limit the Attorney General’s authority

24 to extend the stay of the alien under any other pro25 vision of this Act.
67

•S 1313 IS

1 ‘‘(e) ABANDONMENT OF EMPLOYMENT.—

2 ‘‘(1) IN GENERAL.—An alien admitted or pro3 vided status under section 101(a)(15)(H)(ii)(a) who

4 abandons the employment which was the basis for

5 such admission or status shall be considered to have

6 failed to maintain nonimmigrant status as an H–2A

7 worker and shall depart the United States or be sub8 ject to removal under section 237(a)(1)(C)(i).

9 ‘‘(2) REPORT BY EMPLOYER.—The employer

10 (or association acting as agent for the employer)

11 shall notify the Attorney General within 7 days of an

12 H–2A worker’s having prematurely abandoned em13 ployment.

14 ‘‘(3) REMOVAL BY THE ATTORNEY GENERAL.—

15 The Attorney General shall promptly remove from

16 the United States any H–2A worker who violates

17 any term or condition of the worker’s nonimmigrant

18 status.

19 ‘‘(4) VOLUNTARY TERMINATION.—Notwith20 standing paragraph (1), an alien may voluntarily

21 terminate his or her employment if the alien prompt22 ly departs the United States upon termination of

23 such employment.

24 ‘‘(f) REPLACEMENT OF ALIEN.—
68

•S 1313 IS

1 ‘‘(1) IN GENERAL.—Upon presentation of the

2 notice to the Attorney General required by sub3 section (e)(2), the Secretary of State shall promptly

4 issue a visa to, and the Attorney General shall admit

5 into the United States, an eligible alien designated

6 by the employer to replace an H–2A worker—

7 ‘‘(A) who abandons or prematurely termi8 nates employment; or

9 ‘‘(B) whose employment is terminated

10 after a United States worker is employed pur11 suant to section 218(b)(2)(H)(iii), if the United

12 States worker voluntarily departs before the

13 end of the period of intended employment or if

14 the employment termination is for a lawful job15 related reason.

16 ‘‘(2) CONSTRUCTION.—Nothing in this sub17 section is intended to limit any preference required

18 to be accorded United States workers under any

19 other provision of this Act.

20 ‘‘(g) IDENTIFICATION DOCUMENT.—

21 ‘‘(1) IN GENERAL.—Each alien authorized to be

22 admitted under section 101(a)(15)(H)(ii)(a) shall,

23 upon receipt of a visa, be given an identification and

24 employment eligibility document to verify eligibility
69

•S 1313 IS

1 for employment in the United States and verify such

2 person’s proper identity.

3 ‘‘(2) REQUIREMENTS.—No identification and

4 employment eligibility document may be issued

5 which does not meet the following requirements:

6 ‘‘(A) The document shall be capable of re7 liably determining whether—

8 ‘‘(i) the individual with the identifica9 tion and employment eligibility document

10 whose eligibility is being verified is in fact

11 eligible for employment;

12 ‘‘(ii) the individual whose eligibility is

13 being verified is claiming the identity of

14 another person; and

15 ‘‘(iii) the individual whose eligibility is

16 being verified is authorized to be admitted

17 into, and employed in, the United States

18 as an H–2A worker.

19 ‘‘(B) The document shall be in a form that

20 is resistant to counterfeiting and to tampering.

21 ‘‘(C) The document shall—

22 ‘‘(i) be compatible with other data23 bases of the Attorney General for the pur24 pose of excluding aliens from benefits for

25 which they are not eligible and determining
70

•S 1313 IS

1 whether the alien is unlawfully present in

2 the United States; and

3 ‘‘(ii) be compatible with law enforce4 ment databases to determine if the alien

5 has been convicted of criminal offenses.

6 ‘‘(h) EXTENSION OF STAY OF H–2A ALIENS IN THE

7 UNITED STATES.—

8 ‘‘(1) EXTENSION OF STAY.—If an employer

9 seeks approval to employ an H–2A alien who is law10 fully present in the United States, the petition filed

11 by the employer or an association pursuant to sub12 section (a), shall request an extension of the alien’s

13 stay and a change in the alien’s employment.

14 ‘‘(2) LIMITATION ON FILING A PETITION FOR

15 EXTENSION OF STAY.—A petition may not be filed

16 for an extension of an alien’s stay—

17 ‘‘(A) for a period of more than 10 months;

18 or

19 ‘‘(B) to a date that is more than 3 years

20 after the date of the alien’s last admission to

21 the United States under this section.

22 ‘‘(3) WORK AUTHORIZATION UPON FILING A

23 PETITION FOR EXTENSION OF STAY.—In the case of

24 an alien who is lawfully present in the United

25 States, the alien is authorized to commence the em-
71

•S 1313 IS

1 ployment described in a petition under paragraph

2 (1) on the date on which the petition is filed. For

3 purposes of the preceding sentence, the term ‘file’

4 means sending the petition by certified mail via the

5 United States Postal Service, return receipt re6 quested, or delivered by guaranteed commercial de7 livery which will provide the employer with a docu8 mented acknowledgment of the date of sending the

9 receipt of the petition. The employer shall provide a

10 copy of the employer’s petition to the alien, who

11 shall keep the petition with the alien’s identification

12 and employment eligibility document as evidence

13 that the petition has been filed and that the alien is

14 authorized to work in the United States. Upon ap15 proval of a petition for an extension of stay or

16 change in the alien’s authorized employment, the At17 torney General shall provide a new or updated em18 ployment eligibility document to the alien indicating

19 the new validity date, after which the alien is not re20 quired to retain a copy of the petition.

21 ‘‘(4) LIMITATION ON EMPLOYMENT AUTHORIZA22 TION OF ALIENS WITHOUT VALID IDENTIFICATION

23 AND EMPLOYMENT ELIGIBILITY DOCUMENT.—An ex24 pired identification and employment eligibility docu25 ment, together with a copy of an petition for exten-
72

•S 1313 IS

1 sion of stay or change in the alien’s authorized em2 ployment that complies with the requirements of

3 paragraph (1), shall constitute a valid work author4 ization document for a period of not more than 60

5 days beginning on the date on which such petition

6 is filed, after which time only a currently valid iden7 tification and employment eligibility document shall

8 be acceptable.

9 ‘‘(5) LIMITATION ON AN INDIVIDUAL’S STAY IN

10 STATUS.—

11 ‘‘(A) MAXIMUM PERIOD.—The maximum

12 continuous period of authorized status as an

13 H–2A worker (including any extensions) is 3

14 years.

15 ‘‘(B) REQUIREMENT TO REMAIN OUTSIDE

16 UNITED STATES.—

17 ‘‘(i) IN GENERAL.—Subject to clause

18 (ii), in the case of an alien outside the

19 United States whose period of authorized

20 status as an H–2A worker (including any

21 extensions) has expired, the alien may not

22 again apply for admission to the United

23 States as an H–2A worker unless the alien

24 has remained outside the United States for

a continuous period equal to at least 1 25 ⁄5
73

•S 1313 IS

1 the duration of the alien’s previous period

2 of authorized status as an H–2A worker

3 (including any extensions).

4 ‘‘(ii) EXCEPTION.—Clause (i) shall

5 not apply in the case of an alien if the

6 alien’s period of authorized status as an

7 H–2A worker (including any extensions)

8 was for a period of not more than 10

9 months and such alien has been outside

10 the United States for at least 2 months

11 during the 12 months preceding the date

12 the alien again is applying for admission to

13 the United States as an H–2A worker.

14 ‘‘(i) SPECIAL RULES FOR ALIENS EMPLOYED AS

15 SHEEPHERDERS.—Notwithstanding any other provision

16 of this section, aliens admitted under section

17 101(a)(15)(H)(ii)(a) for employment as sheepherders—

18 ‘‘(1) may be admitted for a period of 12

19 months;

20 ‘‘(2) may be extended for a continuous period

21 of up to 3 years; and

22 ‘‘(3) shall not be subject to the requirements of

23 subsection (h)(5) relating to periods of absence from

24 the United States.
74

•S 1313 IS

1 ‘‘WORKER PROTECTIONS AND LABOR STANDARDS

2 ENFORCEMENT

3 ‘‘SEC. 218C. (a) ENFORCEMENT AUTHORITY.—

4 ‘‘(1) INVESTIGATION OF COMPLAINTS.—

5 ‘‘(A) AGGRIEVED PERSON OR THIRD-PARTY

6 COMPLAINTS.—The Secretary shall establish a

7 process for the receipt, investigation, and dis8 position of complaints respecting a petitioner’s

9 failure to meet a condition specified in section

10 218(b), or an employer’s misrepresentation of

11 material facts in an application under section

12 218(a). Complaints may be filed by any ag13 grieved person or organization (including bar14 gaining representatives). No investigation or

15 hearing shall be conducted on a complaint con16 cerning such a failure or misrepresentation un17 less the complaint was filed not later than 12

18 months after the date of the failure, or mis19 representation, respectively. The Secretary shall

20 conduct an investigation under this subpara21 graph if there is reasonable cause to believe

22 that such a failure or misrepresentation has oc23 curred.

24 ‘‘(B) DETERMINATION ON COMPLAINT.—

25 Under such process, the Secretary shall provide,
75

•S 1313 IS

1 within 30 days after the date such a complaint

2 is filed, for a determination as to whether or

3 not a reasonable basis exists to make a finding

4 described in subparagraph (C), (D), (E), or

5 (F). If the Secretary determines that such a

6 reasonable basis exists, the Secretary shall pro7 vide for notice of such determination to the in8 terested parties and an opportunity for a hear9 ing on the complaint, in accordance with section

10 556 of title 5, United States Code, within 60

11 days after the date of the determination. If

12 such a hearing is requested, the Secretary shall

13 make a finding concerning the matter not later

14 than 60 days after the date of the hearing. In

15 the case of similar complaints respecting the

16 same applicant, the Secretary may consolidate

17 the hearings under this subparagraph on such

18 complaints.

19 ‘‘(C) FAILURES TO MEET CONDITIONS.—If

20 the Secretary finds, after notice and oppor21 tunity for a hearing, a failure to meet a condi22 tion of paragraph (1)(A), (1)(B), (1)(D),

23 (1)(F), (2)(A), (2)(B), or (2)(G) of section

24 218(b), a substantial failure to meet a condition

25 of paragraph (1)(C) or (E), or paragraph
76

•S 1313 IS

1 (2)(C), (2)(D), (2)(E), or (2)(H) of section

2 218(b), or a material misrepresentation of fact

3 in an application under section 218(a)—

4 ‘‘(i) the Secretary shall notify the At5 torney General of such finding and may, in

6 addition, impose such other administrative

7 remedies (including civil money penalties in

8 an amount not to exceed $1,000 per viola9 tion) as the Secretary determines to be ap10 propriate; and

11 ‘‘(ii) the Attorney General may dis12 qualify the employer from the employment

13 of aliens described in section

14 101(A)(15)(H)(ii)(a) for a period of 1

15 year.

16 ‘‘(D) WILLFUL FAILURES AND WILLFUL

17 MISREPRESENTATIONS.—If the Secretary finds,

18 after notice and opportunity for hearing, a will19 ful failure to meet a condition of section 218(b),

20 a willful misrepresentation of a material fact in

21 an application under section 218(a), or a viola22 tion of subsection (b)—

23 ‘‘(i) the Secretary shall notify the At24 torney General of such finding and may, in

25 addition, impose such other administrative
77

•S 1313 IS

1 remedies (including civil money penalties in

2 an amount not to exceed $5,000 per viola3 tion) as the Secretary determines to be ap4 propriate; and

5 ‘‘(ii) the Attorney General may dis6 qualify the employer from the employment

7 of H–2A workers for a period of 2 years.

8 ‘‘(E) DISPLACEMENT OF UNITED STATES

9 WORKERS.—If the Secretary finds, after notice

10 and opportunity for hearing, a willful failure to

11 meet a condition of section 218(b) or a willful

12 misrepresentation of a material fact in an appli13 cation under section 218(a), in the course of

14 which failure or misrepresentation the employer

15 displaced a United States worker employed by

16 the employer during the period of employment

17 on the employer’s application under section

18 218(a) or during the period of 30 days pre19 ceding such period of employment—

20 ‘‘(i) the Secretary shall notify the At21 torney General of such finding and may, in

22 addition, impose such other administrative

23 remedies (including civil money penalties in

24 an amount not to exceed $15,000 per vio-
78

•S 1313 IS

1 lation) as the Secretary determines to be

2 appropriate; and

3 ‘‘(ii) the Attorney General may dis4 qualify the employer from the employment

5 of H–2A workers for a period of 3 years.

6 ‘‘(F) LIMITATIONS ON CIVIL MONEY PEN7 ALTIES.—The Secretary shall not impose total

8 civil money penalties with respect to an applica9 tion under section 218(a) in excess of $90,000.

10 ‘‘(G) FAILURES TO PAY WAGES OR RE11 QUIRED BENEFITS.—If the Secretary finds,

12 after notice and opportunity for a hearing, that

13 the employer has failed to pay the wages, or

14 provide the housing allowance, transportation,

15 subsistence reimbursement, or guarantee of em16 ployment, required under section 218A(b), the

17 Secretary shall assess payment of back wages,

18 or other required benefits, due any United

19 States worker or H–2A worker employed by the

20 employer in the specific employment in ques21 tion. The back wages or other required benefits

22 under section 218A(b) shall be equal to the dif23 ference between the amount that should have

24 been paid and the amount that actually was

25 paid to such worker.
79

•S 1313 IS

1 ‘‘(2) STATUTORY CONSTRUCTION.—Nothing in

2 this section shall be construed as limiting the au3 thority of the Secretary to conduct any compliance

4 investigation under any other labor law, including

5 any law affecting migrant and seasonal agricultural

6 workers, or, in the absence of a complaint under this

7 section, under section 218 or 218A.

8 ‘‘(b) DISCRIMINATION PROHIBITED.—It is a violation

9 of this subsection for an employer who has filed an appli10 cation under section 218(a), to intimidate, threaten, re11 strain, coerce, blacklist, discharge, or in any other manner

12 discriminate against an employee (which term, for pur13 poses of this subsection, includes a former employee and

14 an applicant for employment) because the employee has

15 disclosed information to the employer, or to any other per16 son, that the employee reasonably believes evidences a vio17 lation of section 218 or 218A or any rule or regulation

18 pertaining to section 218 or 218A, or because the em19 ployee cooperates or seeks to cooperate in an investigation

20 or other proceeding concerning the employer’s compliance

21 with the requirements of section 218 or 218A or any rule

22 or regulation pertaining to either of such sections.

23 ‘‘(c) AUTHORIZATION TO SEEK OTHER APPRO24 PRIATE EMPLOYMENT.—The Secretary and the Attorney

25 General shall establish a process under which an H–2A
80

•S 1313 IS

1 worker who files a complaint regarding a violation of sub2 section (b) and is otherwise eligible to remain and work

3 in the United States may be allowed to seek other appro4 priate employment in the United States for a period not

5 to exceed the maximum period of stay authorized for such

6 nonimmigrant classification.

7 ‘‘(d) ROLE OF ASSOCIATIONS.—

8 ‘‘(1) VIOLATION BY A MEMBER OF AN ASSOCIA9 TION.—An employer on whose behalf an application

10 is filed by an association acting as its agent is fully

11 responsible for such application, and for complying

12 with the terms and conditions of sections 218 and

13 218A, as though the employer had filed the applica14 tion itself. If such an employer is determined, under

15 this section, to have committed a violation, the pen16 alty for such violation shall apply only to that mem17 ber of the association unless the Secretary deter18 mines that the association or other member partici19 pated in, had knowledge, or reason to know, of the

20 violation, in which case the penalty shall be invoked

21 against the association or other association member

22 as well.

23 ‘‘(2) VIOLATIONS BY AN ASSOCIATION ACTING

24 AS AN EMPLOYER.—If an association filing an appli25 cation as a sole or joint employer is determined to
81

•S 1313 IS

1 have committed a violation under this section, the

2 penalty for such violation shall apply only to the as3 sociation unless the Secretary determines that an as4 sociation member or members participated in or had

5 knowledge, or reason to know, of the violation, in

6 which case the penalty shall be invoked against the

7 association member or members as well.

8 ‘‘DEFINITIONS

9 ‘‘SEC. 218D. For purposes of sections 218 through

10 218C:

11 ‘‘(1) ADVERSE AFFECT WAGE RATE.—The term

12 ‘adverse effect wage rate’ means the annual weight13 ed average hourly wage rate of earnings for field and

14 livestock workers (combined) for the State (or region

15 that includes the State) as published annually by the

16 Department of Agriculture based on the Depart17 ment’s quarterly wage survey.

18 ‘‘(2) AGRICULTURAL EMPLOYMENT.—The term

19 ‘agricultural employment’ means any service or ac20 tivity that is considered to be agricultural under sec21 tion 3(f) of the Fair Labor Standards Act of 1938

22 (29 U.S.C. 203(f)) or agricultural labor under sec23 tion 3121(g) of the Internal Revenue Code of 1986

24 (26 U.S.C. 3121(g)). For purposes of this para25 graph, agricultural employment includes employment

26 under section 101(a)(15)(H)(ii)(a).
82

•S 1313 IS

1 ‘‘(3) BONA FIDE UNION.—The term ‘bona fide

2 union’ means any organization in which employees

3 participate and which exists for the purpose of deal4 ing with employers concerning grievances, labor dis5 putes, wages, rates of pay, hours of employment, or

6 other terms and conditions of work for agricultural

7 employees. Such term does not include an organiza8 tion formed, created, administered, supported, domi9 nated, financed, or controlled by an employer or em10 ployer association or its agents or representatives.

11 ‘‘(4) DISPLACE.—In the case of an application

12 with respect to one or more H–2A workers by an

13 employer, the employer is considered to ‘displace’ a

14 United States worker from a job if the employer lays

15 off the worker from a job for which the H–2A work16 er or workers is or are sought.

17 ‘‘(5) ELIGIBLE.—The term ‘eligible’, when used

18 with respect to an individual, means an individual

19 who is not an unauthorized alien (as defined in sec20 tion 274A(h)(3)).

21 ‘‘(6) EMPLOYER.—The term ‘employer’ means

22 any person or entity, including any farm labor con23 tractor and any agricultural association, that em24 ploys workers in agricultural employment.
83

•S 1313 IS

1 ‘‘(7) H–2A EMPLOYER.—The term ‘H–2A em2 ployer’ means an employer who seeks to hire one or

3 more nonimmigrant aliens described in section

4 101(a)(15)(H)(ii)(a).

5 ‘‘(8) H–2A WORKER.—The term ‘H–2A worker’

6 means a nonimmigrant described in section

7 101(a)(15)(H)(ii)(a).

8 ‘‘(9) JOB OPPORTUNITY.—The term ‘job oppor9 tunity’ means a job opening for temporary full-time

10 employment at a place in the United States to which

11 United States workers can be referred.

12 ‘‘(10) LAYS OFF.—

13 ‘‘(A) IN GENERAL.—The term ‘lays off’,

14 with respect to a worker—

15 ‘‘(i) means to cause the worker’s loss

16 of employment, other than through a dis17 charge for inadequate performance, viola18 tion of workplace rules, cause, voluntary

19 departure, voluntary retirement, contract

20 impossibility (as described in section

21 218A(b)(4)(D)), or temporary layoffs due

22 to weather, markets, or other temporary

23 conditions; but

24 ‘‘(ii) does not include any situation in

25 which the worker is offered, as an alter-
84

•S 1313 IS

1 native to such loss of employment, a simi2 lar employment opportunity with the same

3 employer (or, in the case of a placement of

4 a worker with another employer under sec5 tion 218(b)(2)(E), with either employer de6 scribed in such section) at equivalent or

7 higher compensation and benefits than the

8 position from which the employee was dis9 charged, regardless of whether or not the

10 employee accepts the offer.

11 ‘‘(B) STATUTORY CONSTRUCTION.—Noth12 ing in this paragraph is intended to limit an

13 employee’s rights under a collective bargaining

14 agreement or other employment contract.

15 ‘‘(11) PREVAILING WAGE.—The term ‘pre16 vailing wage’ means, with respect to an agricultural

17 occupation in an area of intended employment, the

18 rate of wages that includes the 51st percentile of

19 employees in that agricultural activity in the area of

20 intended employment, expressed in terms of the pre21 vailing method of pay for the agricultural activity in

22 the area of intended employment.

23 ‘‘(12) REGULATORY DROUGHT.—The term ‘reg24 ulatory drought’ means a decision subsequent to the

25 filing of the application under section 218 by an en-
85

•S 1313 IS

1 tity not under the control of the employer making

2 such filing which restricts the employer’s access to

3 water for irrigation purposes and reduces or limits

4 the employer’s ability to product an agricultural

5 commodity, thereby reducing the need for labor.

6 ‘‘(13) SEASONAL.—Labor is performed on a

7 ‘seasonal’ basis if—

8 (A) ordinarily, it pertains to or is of the

9 kind exclusively performed at certain seasons or

10 periods of the year; and

11 (B) from its nature, it may not be contin12 uous or carried on throughout the year.

13 ‘‘(14) SECRETARY.—The term ‘Secretary’

14 means the Secretary of Labor.

15 ‘‘(15) TEMPORARY.—A worker is employed on a

16 ‘temporary’ basis where the employment is intended

17 not to exceed 10 months.

18 ‘‘(16) UNITED STATES WORKER.—The term

19 ‘United States worker’ means any worker, whether

20 a United States citizen or national, a lawfully admit21 ted permanent resident alien, or any other alien,

22 who is authorized to work in the job opportunity

23 within the United States, except an alien admitted

24 or otherwise provided status under section

25 101(a)(15)(H)(ii)(a).’’.
86

•S 1313 IS

1 (b) TABLE OF CONTENTS.—The table of contents of

2 the Immigration and Nationality Act (8 U.S.C. 1101 et

3 seq.) is amended by striking the item relating to section

4 218 and inserting the following:

‘‘Sec. 218. H–2A employer applications.

‘‘Sec. 218A. H–2A employment requirements.

‘‘Sec. 218B. Procedure for admission and extension of stay of H–2A workers.

‘‘Sec. 218C. Worker protections and labor standards enforcement.

‘‘Sec. 218D. Definitions.’’.

5 TITLE III—MISCELLANEOUS

6 PROVISIONS

7 SEC. 301. COVERAGE OF H–2A AGRICULTURAL WORKERS

8 UNDER THE MIGRANT AND SEASONAL AGRI9 CULTURAL WORKER PROTECTION ACT.

10 (a) DEFINITIONS.—Section 3 of the Migrant and

11 Seasonal Agricultural Worker Protection Act (29 U.S.C.

12 1802) is amended—

13 (1) in paragraph (8)(B)—

14 (A) by striking ‘‘does not’’ and all that fol15 lows through ‘‘(i) any’’ and inserting ‘‘does not

16 include any’’;

17 (B) by striking ‘‘; or’’ and inserting a pe18 riod; and

19 (C) by striking clause (ii); and

20 (2) in paragraph (10)(B)—

21 (A) by striking ‘‘; or’’ at the end of clause

22 (ii) and inserting a period; and

23 (B) by striking clause (iii).
87

•S 1313 IS

1 (b) EFFECTIVE DATE.—The amendments made by

2 subsection (a) shall apply to the employment, recruitment,

3 referral, or utilization of the services of an individual oc4 curring on or after the date that is 1 year after the date

5 of the enactment of this Act.

6 SEC. 302. RIGHT TO ORGANIZE.

7 (a) IN GENERAL.—Title IV of the Migrant and Sea8 sonal Agricultural Worker Protection Act (29 U.S.C. 1841

9 et seq.) is amended by adding at the end the following

10 new section:

11 ‘‘SEC. 405. RIGHT TO ORGANIZE.

12 ‘‘(a) IN GENERAL.—Migrant and seasonal agricul13 tural workers shall have the right to self-organization, to

14 form, join, or assist labor organizations, to bargain collec15 tively through representatives of their own choosing, and

16 to engage in other concerted activities for the purpose of

17 collective bargaining or other mutual aid or protection.

18 ‘‘(b) PROHIBITION.—No person shall interfere with,

19 restrain, or coerce any migrant or seasonal agricultural

20 worker in the exercise of the rights guaranteed in sub21 section (a).’’.

22 (b) EFFECTIVE DATE.—The amendment made by

23 subsection (a) shall become effective on the date that is

24 1 year after the date of the enactment of this Act.
88

•S 1313 IS

1 SEC. 303. TAX EQUITY AND WORKFORCE IMPROVEMENT

2 FUND.

3 (a) ESTABLISHMENT OF ACCOUNT.—There is estab4 lished in the general fund of the Treasury a separate ac5 count, which shall be known as the ‘‘Agricultural Worker

6 Account’’ for the purpose of improving labor management

7 practices in agriculture. Notwithstanding any other provi8 sion of law, there shall be deposited as offsetting receipts

9 into the account all fees collected under subsection (b)(1).

10 (b) PAYMENTS INTO ACCOUNT.—

11 (1) IN GENERAL.—Except as provided in para12 graph (2), the Secretary shall collect a fee from an

13 employer of an H–2A worker in an amount equiva14 lent to 13.85 percent of total wages paid to the H–

15 2A worker during the period of employment. Fees

16 collected under this paragraph shall be deposited in

17 the Treasury in accordance with subsection (a).

18 (2) EXCEPTION.—Paragraph (1) does not apply

19 to an employer in a case where the job opportunity

20 is covered by a union contract that was negotiated

21 at arm’s-length between a bona fide union and the

22 employer.

23 (c) DISTRIBUTION OF FUNDS.—The amounts paid

24 into the Agricultural Worker Account shall be used as fol25 lows:
89

•S 1313 IS

1 (1) LABOR MANAGEMENT COMMITTEES.—40

2 percent of the amounts deposited into the Agricul3 tural Worker Account shall remain available to the

4 Federal Mediation and Conciliation Service until ex5 pended for assistance to labor management commit6 tees described in subsection (d).

7 (2) DEMONSTRATION PROGRAMS AND

8 PROJECTS.—40 percent of the amounts deposited in

9 the Agricultural Worker Account shall remain avail10 able to the Secretary of Labor until expended for

11 demonstration programs and projects described in

12 subsection (e).

13 (3) ADMINISTRATIVE EXPENSES.—20 percent

14 of the amounts deposited into the Agricultural

15 Worker Account shall remain available to the Attor16 ney General, the Secretary of Labor, and the Sec17 retary of State until expended in amounts equivalent

18 to the expenses incurred by such officials in the ad19 ministration of the H–2A program.

20 (d) ASSISTANCE TO LABOR MANAGEMENT COMMIT21 TEES.—

22 (1) ESTABLISHMENT OF FARM, AREA, OR IN23 DUSTRYWIDE COMMITTEES.—

24 (A) The Federal Mediation and Concilia25 tion Service shall provide assistance in the es-
90

•S 1313 IS

1 tablishment and operation of farm, area, and

2 industrywide labor management committees

3 that—

4 (i) have been organized jointly by em5 ployers and labor organizations rep6 resenting employees in that farm, area, or

7 industry; and

8 (ii) are established for the purpose of

9 improving labor management relationships,

10 job security, organizational effectiveness,

11 enhancing economic development and pro12 ductivity, or involving workers in decisions

13 affecting their jobs, including improving

14 communication with respect to subjects of

15 mutual concern.

16 (B) The Federal Mediation and Concilia17 tion Service shall enter into contracts and make

18 grants, where necessary or appropriate, to fulfill

19 its responsibilities under this section.

20 (2) RESTRICTIONS ON GRANTS, CONTRACTS, OR

21 OTHER ASSISTANCE.—

22 (A) REPRESENTATION BY LABOR ORGANI23 ZATIONS; COLLECTIVE BARGAINING AGREE24 MENTS.—No grant may be made, no contract

25 may be entered into, and no other assistance
91

•S 1313 IS

1 may be provided under the provisions of this

2 section to a farm or ranch labor management

3 committee unless the employees at that farm or

4 ranch are represented by a labor organization

5 and there is in effect at that farm or ranch a

6 collective bargaining agreement.

7 (B) PARTICIPATION IN LABOR MANAGE8 MENT COMMITTEES.—No grant may be made,

9 no contract may be entered into, and no other

10 assistance may be provided under the provisions

11 of this section to an area or industrywide labor

12 management committee unless its participants

13 include any labor organizations certified or rec14 ognized as the representative of the employees

15 of an employer participating in such committee.

16 Nothing shall prohibit participation in an area

17 or industywide committee by an employer not

18 represented by a labor organization.

19 (C) RIGHT TO ORGANIZE AND COLLECTIVE

20 BARGAINING.—No grant may be made under

21 the provisions of this section to any labor man22 agement committee which the Secretary finds to

23 have as one of its purposes the discouragement

24 of the exercise of the right to organize or the
92

•S 1313 IS

1 interference with collective bargaining at any

2 ranch or farm.

3 (e) DEMONSTRATION PROGRAMS AND PROJECTS.—

4 (1) IN GENERAL.—The Secretary of Labor shall

5 use funds available under section 303(c)(2) to estab6 lish demonstration projects to improve labor man7 agement practices in agriculture and use the existing

8 farm labor force more efficiently. These projects may

9 include, but are not limited to—

10 (A) projects to enhance the recruitment of

11 workers and demonstrate the feasibility of es12 tablishing migrant itineraries through the provi13 sion of worker transportation and support serv14 ices;

15 (B) local job referral and labor-sharing

16 networks;

17 (C) workplace literacy programs for mi18 grant and seasonal farmworkers, including

19 workers who reside part of the year in Mexico;

20 (D) bilingual workers’ rights hotlines;

21 (E) occupational safety and health pro22 grams;

23 (F) development and implementation of

24 labor-saving and other workplace technologies;
93

•S 1313 IS

1 (G) establishment of agricultural sector2 based cross-training and development consor3 tiums;

4 (H) customized training for individual em5 ployers; and

6 (I) agricultural career-laddering training,

7 and development.

8 (2) GRANTS.—

9 (A) ELIGIBILITY.—To carry out the pro10 grams and projects described in paragraph

11 (1)(A), the Secretary of Labor shall award

12 grants to farmworker unions and other farm13 worker community-based organizations, and

14 higher education institutions.

15 (B) COLLABORATIVE EFFORTS.—Consider16 ation in the awarding of grants should be given

17 to any proposal demonstrating collaboration be18 tween a union or other farmworker organization

19 and an employer or employer organization.

20 (C) ALLOCATION OF GRANTS.—In making

21 grants under this paragraph, the Secretary

22 shall make every effort to fairly distribute the

23 grants across different geographic areas of the

24 country but give priority to those areas of the
94

•S 1313 IS

1 country employing substantial numbers of H–

2 2A workers.

3 (3) REQUIREMENTS FOR GRANT APPLICA4 TION.—Applications for grants shall include an

5 agreement that the program or project shall be sub6 ject to evaluation by the Secretary of Labor to meas7 ure its effectiveness.

8 SEC. 304. REGULATIONS.

9 (a) REGULATIONS OF THE ATTORNEY GENERAL.—

10 The Attorney General shall consult with the Secretary of

11 Labor and the Secretary of Agriculture on all regulations

12 to implement the duties of the Attorney General under

13 this Act.

14 (b) REGULATIONS OF THE SECRETARY OF STATE.—

15 The Secretary of State shall consult with the Attorney

16 General, the Secretary of Labor, and the Secretary of Ag17 riculture on all regulations to implement the duties of the

18 Secretary of State under this Act.

19 (c) REGULATIONS OF THE SECRETARY OF LABOR.—

20 The Secretary of Labor shall consult with the Secretary

21 of Agriculture and the Attorney General on all regulations

22 to implement the duties of the Secretary of Labor under

23 this Act.

24 (d) DEADLINE FOR ISSUANCE OF REGULATIONS.—

25 All regulations to implement the duties of the Attorney
95

•S 1313 IS

1 General, the Secretary of State, and the Secretary of

2 Labor under this title and the amendments made by sec3 tions 201 and 301 shall take effect on the effective date

4 of such title and amendments and shall be issued not later

5 than 1 year after the date of the enactment of this Act.

6 SEC. 305. EFFECTIVE DATE.

7 (a) IN GENERAL.—Except as otherwise provided, this

8 title and the amendments made by sections 201 and 301

9 shall take effect on the date that is 1 year after the date

10 of the enactment of this Act.

11 (b) REPORT.—Not later than 180 days after the date

12 of the enactment of this Act, the Secretary shall prepare

13 and submit to the appropriate committees of the Congress

14 a report that describes the measures being taken and the

15 progress made in implementing this Act.

Æ