[Federal Register Volume 61, Number 19 (Monday, January 29, 1996)]
[Rules and Regulations]
[Pages 2659-2660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1294]



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DEPARTMENT OF AGRICULTURE
7 CFR Part 1e

RIN 0503-AA13


Expiration of the Replenishment Agricultural Worker Program

AGENCY: Office of the Secretary, United States Department of 
Agriculture.

ACTION: Final rule.

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SUMMARY: This final rule removes the regulations of the United States 
Department of Agriculture (USDA) relating to additional special 
agricultural workers known as replenishment agricultural workers (RAWs) 
under section 210A of the Immigration and Nationality Act (INA), as 
added by section 303 of the Immigration Reform and Control Act of 1986 
(IRCA). Specifically, this final rule removes the USDA regulations 
pertaining to the RAW program as the program expired at the end of 
Fiscal Year 1993.

EFFECTIVE DATE: February 28, 1996.

FOR FURTHER INFORMATION CONTACT:
Mr. Al French, USDA, Telephone (202) 720-4737, Internet: 
<a href="/cdn-cgi/l/email-protection#0c6d606a69626f644c797f686d226b637a"><span class="__cf_email__" data-cfemail="25444943404b464d65505641440b424a53">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The INA was amended by the IRCA (8 U.S.C. 
1161) to (1) control illegal immigration into the United States and (2) 
make limited changes in the system for legal immigration. There was 
concern during consideration of the IRCA that employers in seasonal 
agricultural services (SAS), who had come to rely on unauthorized 
aliens to perform field work, would be unable to obtain sufficient 
legal workers to satisfy their needs.
    To address this concern, the IRCA added section 210 to the INA to 
establish a program that granted temporary resident alien status to 
special agricultural workers (SAWs) who could demonstrate that they 
performed SAS for at least 90 man-days during the 12-month period 
ending May 1, 1986. The definition of SAS is contained in regulations 
promulgated by the Secretary of Agriculture at 7 CFR Part 1d. The IRCA 
specifies that individuals admitted under this provision would not be 
required to continue working in agriculture, and in fact would be free 
to seek employment in any occupation or industry.
    Because there was also concern that large numbers of SAWs would in 
fact leave agricultural employment, which would again cause a shortage 
or workers to perform SAS, the IRCA added section 210A to the INA, 
which provides a system for admitting additional RAWs. The number of 
RAWs who were to be admitted in any fiscal year (FY), beginning with FY 
1990 and ending with FY 1993, was the smaller of (1) the annual 
numerical limitation established by formula in section 210A(b) of the 
INA, or (2) the shortage number determined by the Secretary of 
Agriculture and the Secretary of Labor (hereinafter ``the 
Secretaries'') in accordance with the formula in section 210A(a) of the 
INA. On January 2, 1990, USDA published in the Federal Register at 55 
FR 106 a final rule that set forth the procedure to be used by the 
Secretaries in determining the shortage number and the annual numerical 
limitation. The criteria under which individuals may qualify for RAW 
status was established by the Immigration and 

[[Page 2660]]
Naturalization Service (INS) in regulations located at 8 CFR Part 210a.
    In each of the three years during the RAW program was authorized, 
the Secretaries found the shortage number to be zero and no alien 
workers were granted benefits under the program.
    As the statutory authority for the RAW program ha expired and 
Congress has given no indication that the program will be reauthorized, 
USDA believes that it is appropriate to remove the implementing 
regulations.
    This regulatory action is being taken as part of the National 
Performance Review program to eliminate unnecessary regulations and 
improve those that remain in force.

List of Subjects in 7 CFR Part 1e

    Agriculture, Aliens, Immigration, Labor, Migrant workers, Rural 
labor.

PART 1e--[REMOVED]

    Accordingly, under the authority of 8 U.S.C. 1161, Part 1e of title 
7, subtitle A, of the Code of Federal Regulations is removed.

    Done at Washington, DC, this 19th day of January, 1996.
Keith J. Collins,
Chief Economist.
[FR Doc. 96-1294 Filed 1-26-96; 8:45 am]
BILLING CODE 3410-01-M

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