I

107TH CONGRESS

1ST SESSION H. R. 1807

To establish the High Level Commission on Immigrant Labor Policy.

IN THE HOUSE OF REPRESENTATIVES

MAY 10, 2001

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

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

Workforce, for a period to be subsequently determined by the Speaker,

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To establish the High Level Commission on Immigrant

Labor Policy.

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

3 SECTION. 1. SHORT TITLE.

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

6 SEC. 2. FINDINGS.

7 The Congress finds the following:

8 (1) The unemployment rate in the United

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

3 information technology, and other portions of the

4 service sector, are experiencing labor shortages.

5 (3) The inability to secure sufficient workers is

6 having a detrimental impact on the economy of the

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

9 SEC. 3. ESTABLISHMENT.

10 There is established a commission to be known as the

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

13 SEC. 4. DUTIES.

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

15 interactions between Federal immigration policy and the

16 labor markets for aliens in the United States, including

17 the following subjects:

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

19 United States and whether this supply needs to be

20 further supplemented with alien workers.

21 (2) The extent to which employers in the

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

2 maintaining statutory caps on nonimmigrant work3 ers.

4 (4) The extent to which employers in the

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

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

11 for permanent residence.

12 (6) The effectiveness of United States labor

13 policies in stopping the flow into the United States

14 of illegal immigrants.

15 (7) Any other subject necessary to permit the

16 Commission to prepare the reports required under

17 section 8.

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

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

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

23 and relevant executive branch agencies and congressional

24 committees.
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1 SEC. 5. MEMBERSHIP.

2 (a) NUMBER AND APPOINTMENT.—The Commission

3 shall consist of 10 members, to be appointed as follows:

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

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

6 House of Representatives.

7 (3) 1 to be appointed by the minority leader of

8 the House of Representatives.

9 (4) 2 to be appointed by the President pro tem10 pore of the Senate.

11 (5) 1 to be appointed by the minority leader of

12 the Senate.

13 (b) CONSULTATIONS.—In making appointments

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

15 (1) the Attorney General in appointing 1 mem16 ber;

17 (2) the Chairman of the Federal Reserve Board

18 in appointing 1 member;

19 (3) the Secretary of Commerce in appointing 1

20 member; and

21 (4) the Secretary of Agriculture in appointing 1

22 member.

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

24 be appointed for the life of the Commission.
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1 (d) VACANCIES.—A vacancy in the Commission shall

2 be filled in the manner in which the original appointment

3 was made.

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

5 Reserve Board (or the Chairman of the Federal Reserve

6 Board’s designee) shall serve as the chairperson of the

7 Commission until such time as the members of the Com8 mission can elect a chairperson.

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

10 pay. Each member shall receive travel expenses, including

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

12 5702 and 5703 of title 5, United States Code.

13 (g) QUORUM.—A majority of the members shall con14 stitute a quorum for the transaction of business.

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

16 call of the chairperson.

17 SEC. 6. DIRECTOR AND STAFF; EXPERTS AND CONSULT18 ANTS.

19 (a) DIRECTOR.—The Commission shall have a direc20 tor who shall be appointed by the chairperson subject to

21 rules prescribed by the Commission.

22 (b) STAFF.—Subject to rules prescribed by the Com23 mission, the chairperson may appoint and fix the pay of

24 such additional personnel as the chairperson considers ap25 propriate.
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1 (c) APPLICABILITY OF CERTAIN CIVIL SERVICE

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

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

4 governing appointments in the competitive service, and

5 may be paid without regard to the requirements of chapter

6 51 and subchapter III of chapter 53 of such title relating

7 to classification and General Schedule pay rates, except

8 that an individual so appointed may not receive pay in

9 excess of the maximum annual rate of basic pay payable

10 for GS–15 of the General Schedule.

11 (d) EXPERTS AND CONSULTANTS.—The chairperson

12 may procure temporary and intermittent services under

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

14 for individuals not to exceed the daily equivalent of the

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

16 the General Schedule.

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

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

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

20 the agency to the Commission to assist the Commission

21 in carrying out its duties.

22 SEC. 7. POWERS.

23 (a) OBTAINING OFFICIAL DATA.—The chairperson

24 may secure directly from any Federal agency information

25 necessary to enable the Commission to carry out its duties.
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1 Upon request of the chairperson, the head of the agency

2 shall furnish such information to the Commission to the

3 extent such information is not prohibited from disclosure

4 by law.

5 (b) MAILS.—The Commission may use the United

6 States mails in the same manner and under the same con7 ditions as other Federal agencies.

8 (c) ADMINISTRATIVE SUPPORT SERVICES.—Upon the

9 request of the chairperson, the Administrator of General

10 Services shall provide to the Commission, on a reimburs11 able basis, the administrative support services necessary

12 for the Commission to carry out its duties.

13 (d) CONTRACT AUTHORITY.—The chairperson may

14 contract with and compensate government and private

15 agencies or persons for the purpose of conducting re16 search, surveys, and other services necessary to enable the

17 Commission to carry out its duties.

18 SEC. 8. REPORTS.

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

20 after the date of the enactment of this Act, the Commis21 sion shall prepare and submit to the President and the

22 Congress an interim report on the following:

23 (1) The overall effectiveness of Federal immi24 gration and labor laws and policies in—
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1 (A) protecting jobs held by citizens and na2 tionals of the United States, aliens who are law3 fully admitted to the United States for perma4 nent residence, aliens who are admitted as refu5 gees or are granted asylum, and other immi6 grants otherwise authorized to be employed in

7 the United States;

8 (B) preventing exploitation of alien immi9 grant and nonimmigrant workers;

10 (C) reducing the number of illegal border

11 crossings into the United States; and

12 (D) reducing the numbers of aliens unlaw13 fully employed in the United States.

14 (2) The impact of statutory numerical limita15 tions on the entry of immigrants and nonimmigrants

16 into the United States on the achievement of the

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

18 paragraph (1).

19 (3) The impact of recent measures undertaken

20 in border areas to deter illegal border crossings on

21 the achievement of such goals.

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

23 policies on the overall economic performance within

24 the United States and economic performance within

25 the following sectors:
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1 (A) Agriculture.

2 (B) Tourism and service.

3 (C) Construction.

4 (D) Nursing and health care.

5 (E) Apparel.

6 (F) Information technology.

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

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

9 prepare and submit to the President and the Congress a

10 final report that contains at least the following:

11 (1) Information that updates the findings re12 ported in the interim report on each of the issues de13 scribed in paragraphs (1) through (4) of subsection

14 (a).

15 (2) Recommendations for actions that the Com16 mission considers necessary—

17 (A) to curb illegal border crossings into the

18 United States;

19 (B) to curb unlawful employment of aliens

20 in the United States;

21 (C) to ensure adequate protection of the

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

23 (D) to ensure a stable and steady work24 force for industry in the United States.
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1 (3) The viability of expanding the agricultural

2 guest worker program established under section

3 101(a)(15)(H)(ii)(a) of the Immigration and Nation4 ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) and sec5 tion 218 of such Act (8 U.S.C. 1188) to any or all

6 of the following United States industries:

7 (A) Tourism and service.

8 (B) Construction.

9 (C) Nursing and health care.

10 (D) Apparel.

11 (E) Information technology.

12 (4) Recommendations for any additional actions

13 that the Commission determines would improve Fed14 eral immigration or labor laws or policies.

15 (5) Any other related information that the

16 Commission considers to be appropriate.

17 SEC. 9. TERMINATION.

18 The Commission shall terminate 6 months after the

19 date on which the Commission submits its final report

20 under section 8(b).

21 SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

22 There are authorized to be appropriated such sums

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

24 shall remain available until expended.

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