I
106TH CONGRESS
2D SESSION
H. R. 4548
To establish a pilot program creating a system of registries of temporary
agricultural workers to provide for a sufficient supply of such workers,
to amend the Immigration and Nationality Act to streamline procedures
for the temporary admission and extension of stay of nonimmigrant
agricultural workers under the pilot program, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 25, 2000
Mr. POMBO (for himself, Mr. CHAMBLISS, Mr. HASTINGS of Washington, Mr.
PITTS, Mr. CALVERT, Mr. WEXLER, Mr. MARTINEZ, Mr. RADANOVICH,
Mr. NUSSLE, Mr. BOEHNER, Mr. MCCOLLUM, Mr. KINGSTON, Mr. DOO-
LITTLE, Mr. FOLEY, Mrs. CHENOWETH-HAGE, Mrs. BONO, and Mr.
KOLBE) introduced the following bill; which was referred to the Com-
mittee 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 a pilot program creating a system of registries
of temporary agricultural workers to provide for a suffi-
cient supply of such workers, to amend the Immigration
and Nationality Act to streamline procedures for the
temporary admission and extension of stay of non-
immigrant agricultural workers under the pilot program,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Agricultural Opportunities Act’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I—AGRICULTURAL WORKER REGISTRIES
Sec. 101. Agricultural worker registries.
TITLE II—H–2C PROGRAM
Sec. 201. Employer applications and assurances.
Sec. 202. Search of registry.
Sec. 203. Issuance of visas and admission of aliens.
Sec. 204. Employment requirements.
Sec. 205. Program for the admission of temporary H–2C workers.
TITLE III—MISCELLANEOUS PROVISIONS
Sec. 301. Enhanced worker protections and labor standards enforcement.
Sec. 302. Commission.
Sec. 303. Regulations.
Sec. 304. Determination and use of user fees.
Sec. 305. Funding for startup costs.
Sec. 306. Report to Congress.
Sec. 307. Effective date.
Sec. 308. Termination of program.
SEC. 2. DEFINITIONS.
In this Act:
(1) ADVERSE EFFECT WAGE RATE.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), the term ‘‘adverse effect
wage rate’’ means the rate of pay for an agri-
cultural occupation that is 5 percent above the
prevailing rate of pay for that agricultural occu-
pation in an area of intended employment, if
the prevailing rate of pay for the occupation is
less than the prior year’s average hourly earn-
ings of field and livestock workers for the State
(or region that includes the State), as deter-
mined by the Secretary of Agriculture, provided
no adverse effect wage rate shall be more than
the prior year’s average hourly earnings of field
and livestock workers for the State (or region
that includes the State), as determined by the
Secretary of Agriculture.
(B) EXCEPTION.—If the prevailing rate of
pay for an activity is a piece rate, task rate, or
group rate, and the average hourly earnings of
an employer’s workers employed in that activ-
ity, taken as a group, are less than the prior
year’s average hourly earnings of field and live-
stock workers in the State (or region that in-
cludes the State), as determined by the Sec-
retary of Agriculture, the term ‘‘adverse effect
wage rate’’ means the prevailing piece rate,
task rate, or group rate for the activity plus
such an amount as is necessary to increase the
average hourly earnings of the employer’s work-
ers employed in the activity, taken as a group,
by 5 percent, or to the prior’s years average
hourly earnings for field and livestock workers
for the State (or region that includes the State)
determined by the Secretary of Agriculture,
whichever is less.
(2) AGRICULTURAL
EMPLOYMENT.—The term
‘‘agricultural employment’’ means any service or ac-
tivity that is considered to be agriculture under sec-
tion 3(f) of the Fair Labor Standards Act of 1938
(29 U.S.C. 203(f)) or agricultural labor under sec-
tion 3121(g) of the Internal Revenue Code of 1986.
For purposes of this paragraph, agricultural employ-
ment in the United States includes, but is not lim-
ited 
to, 
employment 
under 
section
101(a)(15)(H)(ii)(c) of the Immigration and Nation-
ality Act (as added by this Act).
(3) ELIGIBLE.—The term ‘‘eligible’’ means,
with respect to employment, an individual who is not
an unauthorized alien (as defined in section
274A(h)(3) of the Immigration and Nationality Act
(8 U.S.C. 1324a(h)(3)) with respect to that employ-
ment.
(4) EMPLOYER.—The term ‘‘employer’’ means
any person or entity, including any farm labor con-
tractor and any agricultural association, that em-
ploys workers.
(5) H–2C EMPLOYER.—The term ‘‘H–2C em-
ployer’’ means an employer who seeks to hire one or
more nonimmigrant aliens described in section
101(a)(15)(H)(ii)(c) of the Immigration and Nation-
ality Act (as added by this Act).
(6) H–2C WORKER.—The term ‘‘H–2C worker’’
means 
a 
nonimmigrant 
described 
in 
section
101(a)(15)(H)(ii)(c) of the Immigration and Nation-
ality Act (as added by this Act).
(7) JOB OPPORTUNITY.—The term ‘‘job oppor-
tunity’’ means a specific period of employment pro-
vided by an employer to a worker in one or more ag-
ricultural activities.
(8) PREVAILING WAGE.—The term ‘‘prevailing
wage’’ means with respect to an agricultural activity
in an area of intended employment, the rate of
wages that includes the 51st percentile of employees
in that agricultural activity in the area of intended
employment, expressed in terms of the prevailing
method of pay for the agricultural activity in the
area of intended employment.
(9) REGISTERED
WORKER.—The term ‘‘reg-
istered worker’’ means an individual whose name ap-
pears in a registry.
(10) REGISTRY.—The term ‘‘registry’’ means
an agricultural worker registry established under
section 101(a).
(11) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of Labor.
(12) UNITED
STATES
WORKER.—The term
‘‘United States worker’’ means any worker, whether
a United States citizen or national, a lawfully admit-
ted permanent resident alien, or any other alien who
is authorized to work in the job opportunity within
the United States other than an alien admitted pur-
suant to section 101(a)(15)(H)(ii)(c) or section
218A of the Immigration and Nationality Act, as in
effect on the effective date of this Act.
TITLE I—AGRICULTURAL
WORKER REGISTRIES
SEC. 101. AGRICULTURAL WORKER REGISTRIES.
(a) ESTABLISHMENT OF REGISTRIES.—
(1) IN GENERAL.—The Secretary of Labor shall
establish and maintain a system of registries con-
taining a current database of eligible United States
workers who seek agricultural employment and the
employment status of such workers—
(A) to ensure that eligible United States
workers are informed about available agricul-
tural job opportunities and have the right of
first refusal for the agricultural jobs available
through the registry; and
(B) to provide timely referral of such
workers to agricultural job opportunities in the
United States.
(2) GEOGRAPHIC COVERAGE.—
(A) SINGLE STATE.—Each registry estab-
lished under paragraph (1) shall include the job
opportunities in a single State, except that, in
the case of New England States, two or more
such States may be represented by a single reg-
istry in lieu of multiple registries.
(B) REQUESTS
FOR
INCLUSION.—Each
State having any group of agricultural pro-
ducers seeking to utilize the registry shall be
represented by a registry, except that, in the
case of a New England State, the State shall be
represented by the registry covering the group
of States of which the State is a part.
(3) COMPUTER DATABASE.—The Secretary of
Labor may establish the registries as part of the
computer databases known as ‘‘America’s Job
Bank’’ and ‘‘America’s Talent Bank’’.
(4) RELATION TO PROCESS FOR IMPORTING H–
2C WORKERS.—Notwithstanding section 218A of the
Immigration and Nationality Act (as added by this
Act), no petition to import an alien as an H–2C
worker may be approved by the Attorney General
unless the H–2C employer—
(A) has applied to the Secretary to conduct
a search of the registry of the State in which
the job opportunities for which H–2C workers
are sought are located; and
(B) has received a report or approved ap-
plication described in section 203(a)(1).
(b) REGISTRATION.—
(1) IN GENERAL.—An eligible individual who
seeks employment in agricultural work may apply to
be included in the registry for the State in which the
individual resides. Such application shall include—
(A) the name and address of the indi-
vidual;
(B) the period or periods of time (includ-
ing beginning and ending dates) during which
authorized alien (as defined in section 274A(h)(3) of
the Immigration and Nationality Act).
(4) UNITED STATES WORKERS.—United States
workers shall have preference in referral by the reg-
istry, and may be referred to any job opportunity
nationwide for which they are qualified and make a
commitment to be available at the time and place
needed.
(5) USE OF REGISTRY.—Any United States ag-
ricultural employer may use the registry.
(6) DISCRETIONARY USE FOR NEW HIRES.—An
agricultural employer may require prospective em-
ployees to register with a registry as a means of as-
suring that its workers are eligible to be employed
in the United States.
(7) WORKERS REFERRED TO JOB OPPORTUNI-
TIES.—The name of each registered worker who is
referred and accepts employment with an employer
shall be classified as inactive on each registry on
which the worker is included during the period of
employment involved in the job to which the worker
was referred, unless the worker reports to the Sec-
retary that the worker is no longer employed and is
available for referral to another job opportunity. A
registered worker classified as inactive shall not be
referred.
(8) REMOVAL OF NAMES FROM A REGISTRY.—
The Secretary shall remove from the appropriate
registry the name of any registered worker who, on
3 separate occasions within a 3-month period, is re-
ferred to a job opportunity pursuant to this section,
and who declines such referral or fails to report to
work in a timely manner.
(9) VOLUNTARY REMOVAL.—A registered work-
er may request that the worker’s name be removed
from a registry.
(10) REMOVAL BY EXPIRATION.—The applica-
tion of a registered worker shall expire, and the Sec-
retary shall remove the name of such worker from
the appropriate registry if the worker has not ac-
cepted a job opportunity pursuant to this section
within the preceding 12-month period.
(11) REINSTATEMENT.—A worker whose name
is removed from a registry pursuant to paragraph
(8), (9), or (10) may apply to the Secretary for rein-
statement to such registry at any time.
(c) CONFIDENTIALITY
OF REGISTRIES.—The Sec-
retary shall maintain the confidentiality of the registries
established pursuant to this section, and the information
in such registries shall not be used for any purposes other
than those authorized in this Act.
(d) ADVERTISING OF REGISTRIES.—The Secretary
shall widely disseminate, through advertising and other
means, the existence of the registries for the purpose of
encouraging eligible United States workers seeking agri-
cultural job opportunities to register. The Secretary of
Labor shall ensure that the information about the registry
is made available to eligible workers through all appro-
priate means, including appropriate State agencies, groups
representing farm workers, and nongovernmental organi-
zations, and shall ensure that the registry is accessible to
growers and farm workers.
TITLE II—H–2C PROGRAM
SEC. 201. EMPLOYER APPLICATIONS AND ASSURANCES.
(a) APPLICATIONS TO THE SECRETARY.—
(1) IN GENERAL.—Not later than 28 days prior
to the date on which an H–2C employer desires to
employ an H–2C worker in a temporary or seasonal
agricultural job opportunity, the employer shall, be-
fore petitioning for the admission of such a worker,
apply to the Secretary for the referral of a United
States worker or nonimmigrant agricultural worker
through a search of the appropriate registry, in ac-
cordance with section 202. Such application shall—
(A) describe the nature and location of the
work to be performed;
(B) list the anticipated period (expected
beginning and ending dates) for which workers
will be needed;
(C) indicate the number of job opportuni-
ties in which the employer seeks to employ
workers from the registry;
(D) describe the bona fide occupational
qualifications that must be possessed by a
worker to be employed in the job opportunity in
question;
(E) describe the wages and other terms
and conditions of employment the employer will
offer, which shall not be less (and are not re-
quired to be more) than those required by this
section;
(F) contain the assurances required by
subsection (c);
(G) specify the foreign country or region
thereof from which alien workers should be ad-
mitted in the case of a failure to refer United
States workers under this Act; and
(H) be accompanied by the payment of a
registry user fee determined under section
304(b)(1)(A) for each job opportunity indicated
under subparagraph (C).
(2) APPLICATIONS
BY
ASSOCIATIONS
ON
BE-
HALF OF EMPLOYER MEMBERS.—
(A) IN GENERAL.—An agricultural associa-
tion may file an application under paragraph
(1) for registered workers on behalf of its em-
ployer members.
(B) EMPLOYERS.—An application under
subparagraph (A) shall cover those employer
members of the association that the association
certifies in its application have agreed in writ-
ing to comply with the requirements of this Act.
(b) AMENDMENT OF APPLICATIONS.—Prior to receiv-
ing a referral of workers from a registry, an employer may
amend an application under this subsection if the employ-
er’s need for workers changes. If an employer makes a
material amendment to an application on a date which is
later than 28 days prior to the date on which the workers
on the amended application are sought to be employed,
the Secretary may delay issuance of the report described
in section 202(b) by the number of days by which the fil-
ing of the amended application is later than 28 days before
the date on which the employer desires to employ workers.
(c) ASSURANCES.—The assurances referred to in
subsection (a)(1)(F) are the following:
(1) ASSURANCE THAT THE JOB OPPORTUNITY
IS NOT A RESULT OF A LABOR DISPUTE.—The em-
ployer shall assure that the job opportunity for
which the employer requests a registered worker is
not vacant because a worker is involved in a strike,
lockout, or work stoppage in the course of a labor
dispute involving the job opportunity at the place of
employment.
(2) ASSURANCE THAT THE JOB OPPORTUNITY
IS TEMPORARY OR SEASONAL.—
(A) REQUIRED
ASSURANCE.—The em-
ployer shall assure that the job opportunity for
which the employer requests a registered worker
is temporary or seasonal.
(B) SEASONAL
BASIS.—For purposes of
this Act, labor is performed on a seasonal basis
where, ordinarily, the employment pertains to
or is of the kind exclusively performed at cer-
tain seasons or periods of the year and which,
from its nature, may not be continuous or car-
ried on throughout the year.
(C) TEMPORARY BASIS.—For purposes of
this Act, a worker is employed on a temporary
basis where the employment is intended not to
exceed 10 months.
(3) ASSURANCE OF PROVISION OF REQUIRED
WAGES AND BENEFITS.—The employer shall assure
that the employer will provide the wages and bene-
fits required by subsections (a), (b), and (c) of sec-
tion 204 to all workers employed in job opportunities
for which the employer has applied under subsection
(a) and to all other workers in the same occupation
at the place of employment, and in no case less than
the greater of the hourly wage prescribed under sec-
tion 6(a)(1) of the Fair Labor Standards Act of
1938 (29 U.S.C. 206(a)(1)), or the applicable State
minimum wage.
(4) ASSURANCE
OF
EMPLOYMENT.—The em-
ployer shall assure that the employer will not refuse
to employ qualified individuals referred under sec-
tion 202, and will terminate qualified individuals
employed pursuant to this Act only for lawful job-
related reasons, including lack of work.
(5) ASSURANCE OF COMPLIANCE WITH LABOR
LAWS.—
(A) IN GENERAL.—An employer who re-
quests registered workers shall assure that, ex-
cept as otherwise provided in this Act, the em-
ployer will comply with all applicable Federal,
State, and local labor laws, including laws af-
fecting migrant and seasonal agricultural work-
ers, with respect to all United States workers
and alien workers employed by the employer.
(B) LIMITATIONS.—The disclosure re-
quired under section 201(a) of the Migrant and
Seasonal Agricultural Worker Protection Act
(29 U.S.C. 1821(a)) may be made at any time
prior to the time the alien is issued a visa per-
mitting entry into the United States.
(6) ASSURANCE OF ADVERTISING OF THE REG-
ISTRY.—The employer shall assure that, from the
day an application for workers is submitted under
subsection (a), and continuing throughout the period
of employment of any job opportunity for which the
employer has applied for a worker from the registry,
post in a conspicuous place a poster to be provided
by the Secretary advertising the availability of the
registry.
(7) ASSURANCE OF ADVERTISING OF JOB OP-
PORTUNITIES.—The employer shall assure that not
later than 14 days after submitting an application to
a registry for workers under subsection (a) the em-
ployer will advertise the availability of the job oppor-
tunities for which the employer is seeking workers
from the registry in a publication in the local labor
market that is likely to be patronized by potential
farmworkers, if any, and refer interested workers to
register with the registry.
(8) ASSURANCE
OF
CONTACTING
FORMER
WORKERS.—The employer shall assure that the em-
ployer has made reasonable efforts through the
sending of a letter by United States Postal Service
mail, or otherwise, to contact any eligible worker the
employer employed during the previous season in the
occupation at the place of intended employment for
which the employer is applying for registered work-
ers, and has made the availability of the employer’s
job opportunities in the occupation at the place of
intended employment known to such previous work-
er, unless the worker was terminated from employ-
ment by the employer for a lawful job-related reason
or abandoned the job before the worker completed
the period of employment of the job opportunity for
which the worker was hired.
(9) ASSURANCE
OF
PROVISION
OF
WORKERS
COMPENSATION.—The employer shall assure that if
the job opportunity is not covered by the State work-
ers’ compensation law, that the employer will pro-
vide, at no cost to the worker, insurance covering in-
jury and disease arising out of and in the course of
the worker’s employment which will provide benefits
at least equal to those provided under the State
workers’ compensation law for comparable employ-
ment.
(10) ASSURANCE OF PAYMENT OF ALIEN EM-
PLOYMENT USER FEE.—The employer shall assure
that if the employer receives a notice of insufficient
workers under section 202(c), such employer shall
promptly pay the alien employment user fee deter-
mined under section 304(b)(1)(B) for each job op-
portunity to be filled by an eligible alien as required
under such section.
(d) WITHDRAWAL OF APPLICATIONS.—
(1) IN GENERAL.—An employer may withdraw
an application under subsection (a), except that, if
the employer is an agricultural association, the asso-
ciation may withdraw an application under sub-
section (a) with respect to one or more of its mem-
bers. To withdraw an application, the employer shall
notify the Secretary in writing, and the Secretary
shall acknowledge in writing the receipt of such
withdrawal notice. An employer who withdraws an
application under subsection (a), or on whose behalf
an application is withdrawn, is relieved of the obliga-
tions undertaken in the application.
(2) LIMITATION.—An application may not be
withdrawn while any alien provided status under this
Act pursuant to such application is employed by the
employer.
(3) OBLIGATIONS UNDER OTHER STATUTES.—
Any obligation incurred by an employer under any
other law or regulation as a result of recruitment of
United States workers under an offer of terms and
conditions of employment required as a result of
making an application under subsection (a) is unaf-
fected by withdrawal of such application.
(e) REVIEW OF APPLICATION.—
(1) IN GENERAL.—Promptly upon receipt of an
application by an employer under subsection (a), the
Secretary shall review the application for compliance
with the requirements of such subsection.
(2) APPROVAL OF APPLICATIONS.—If the Sec-
retary determines that an application meets the re-
quirements of subsection (a), and the employer is
not ineligible to apply under paragraph (2), (3), or
(4) of section 301(b), the Secretary shall, not later
than 7 days after the receipt of such application, ap-
prove the application and so notify the employer.
(3) REJECTION OF APPLICATIONS.—If the Sec-
retary determines that an application fails to meet
1 or more of the requirements of subsection (a), the
Secretary, as expeditiously as possible, but in no
case later than 7 days after the receipt of such ap-
plication, shall—
(A) notify the employer of the rejection of
the application and the reasons for such rejec-
tion, and provide the opportunity for the
prompt resubmission of an amended applica-
tion; and
(B) offer the applicant an opportunity to
request an expedited administrative review or a
de novo administrative hearing before an ad-
ministrative law judge of the rejection of the
application.
(4) REJECTION FOR PROGRAM VIOLATIONS.—
The Secretary shall reject the application of an em-
ployer under this section if—
(A) the employer has been determined to
be ineligible to employ workers under section
301(b); or
(B) the employer during the previous two-
year period employed H–2C workers or reg-
istered workers and the Secretary of Labor has
determined, after notice and opportunity for a
hearing, that the employer at any time during
that period substantially violated a material
term or condition of the assurances made with
respect to the employment of United States
workers or nonimmigrant workers.
No employer may have applications under this sec-
tion rejected for more than 3 years for any violation
described in this paragraph.
SEC. 202. SEARCH OF REGISTRY.
(a) SEARCH PROCESS AND REFERRAL TO THE EM-
PLOYER.—Upon the approval of an application under sec-
tion 201(e), the Secretary shall promptly begin a search
of the registry of the State (or States) in which the work
is to be performed to identify registered United States
workers with the qualifications requested by the employer.
The Secretary shall contact such qualified registered work-
ers and determine, in each instance, whether the worker
is ready, willing, and able to accept the employer’s job op-
portunity and will make the affirmative commitment to
work for the employer at the time and place needed. The
Secretary shall provide to each worker who commits to
work for the employer the employer’s name, address, tele-
phone number, the location where the employer has re-
quested that employees report for employment, and a
statement disclosing the terms and conditions of employ-
ment.
(b) DEADLINE FOR COMPLETING SEARCH PROCESS;
REFERRAL OF WORKERS.—As expeditiously as possible,
but not later than 7 days before the date on which an
employer desires work to begin, the Secretary shall com-
plete the search under subsection (a) and shall transmit
to the employer a report containing the name, address,
and social security account number of each registered
worker who has made the affirmative commitment de-
scribed in subsection (a) to work for the employer on the
date needed, together with sufficient information to enable
the employer to establish contact with the worker. The
identification of such registered workers in a report shall
constitute a referral of workers under this section.
(c) ACCEPTANCE OF REFERRALS.—H–2C employers
shall accept all qualified United States worker referrals
who make a commitment to report to work at the time
and place needed and to complete the full period of em-
ployment offered, on the registry of the State in which
the intended employment is located, and the immediately
contiguous States. An employer shall not be required to
accept more referrals than the number of job opportunities
for which the employer applied to the registry.
(d) NOTICE OF INSUFFICIENT WORKERS.—If the re-
port provided to the employer under subsection (b) does
not include referral of a sufficient number of registered
workers to fill all of the employer’s job opportunities in
the occupation for which the employer applied under sec-
tion 201(a), the Secretary shall indicate in the report the
number of job opportunities for which registered workers
could not be referred, and shall promptly transmit a copy
of the report to the Attorney General and the Secretary
of State, by electronic or other means ensuring next day
delivery.
(e) USER FEE
FOR CERTIFICATION TO EMPLOY
ALIEN WORKERS.—With respect to each job opportunity
for which a notice of insufficient workers is made, the Sec-
retary shall require the payment of an alien employment
user fee determined under section 304(b)(1)(B).
SEC. 203. ISSUANCE OF VISAS AND ADMISSION OF ALIENS.
(a) IN GENERAL.—
(1) NUMBER OF ADMISSIONS.—Subject to para-
graph (2), the Secretary of State shall promptly
issue visas to, and the Attorney General shall admit,
as 
nonimmigrant 
aliens 
described 
in 
section
101(a)(15)(H)(ii)(c) of the Immigration and Nation-
ality Act a sufficient number of eligible aliens des-
ignated by the employer to fill the job opportunities
of the employer—
(A) upon receipt of a copy of the report
described in section 202(b);
(B) upon approval of an application (or
copy of an application under subsection (b));
(C) upon receipt of the report required by
subsection (c)(1)(B); or
(D) upon receipt of a report under sub-
section (d).
(2) PROCEDURES.—The admission of aliens
under paragraph (1) shall be subject to the proce-
dures of section 218A of the Immigration and Na-
tionality Act, as added by this Act.
(b) DIRECT APPLICATION UPON FAILURE TO ACT.—
(1) APPLICATION
TO
THE
SECRETARY
OF
STATE.—If the employer has not received a referral
of sufficient workers pursuant to section 202(b) or
a report of insufficient workers pursuant to section
202(d), by the date that is 7 days before the date
on which the work is anticipated to begin, the em-
ployer may submit an application for alien workers
directly to the Secretary of State, with a copy of the
application provided to the Attorney General, seek-
ing the issuance of visas to and the admission of
aliens for employment in the job opportunities for
which the employer has not received referral of reg-
istered workers. Such an application shall include a
copy of the employer’s application under section
201(a), together with evidence of its timely submis-
sion. The Secretary of State may consult with the
Secretary of Labor in carrying out this paragraph.
(2) EXPEDITED CONSIDERATION BY SECRETARY
OF STATE.—The Secretary of State shall, as expedi-
tiously as possible, but not later than 5 days after
the employer files an application under paragraph
(1), issue visas to, and the Attorney General shall
admit, a sufficient number of eligible aliens des-
ignated by the employer to fill the job opportunities
for which the employer has applied under that para-
graph, if the employer has met the requirements of
sections 201 and 202. The employer shall be subject
to the alien employment user fee determined under
section 304(b)(1)(B) with respect to each job oppor-
tunity for which the Secretary of State authorizes
the issuance of a visa pursuant to paragraph (2).
(c) REDETERMINATION OF NEED.—
(1) REQUESTS FOR REDETERMINATION.—
(A) IN GENERAL.—An employer may file a
request for a redetermination by the Secretary
of the employer’s need for workers if a worker
referred from the registry—
(i) is not at the place of employment
on the date of need shown on the applica-
tion, or the date the work for which the
worker is needed has begun, whichever is
later;
(ii) is not ready, willing, able, or
qualified to perform the work required; or
(iii) abandons the employment or is
terminated for a lawful job-related reason.
(B) ADDITIONAL AUTHORIZATION OF AD-
MISSIONS.—The Secretary shall expeditiously,
but in no case later than 72 hours after a rede-
termination is requested under subparagraph
(A), submit a report to the Secretary of State
and the Attorney General providing notice of a
need for workers under this subsection, if the
employer has met the requirements of sections
201 and 202 and the conditions described in
subparagraph (A).
(2) JOB-RELATED
REQUIREMENTS.—An em-
ployer shall not be required to initially employ a
worker who fails to meet lawful job-related employ-
ment criteria, nor to continue the employment of a
worker who fails to meet lawful, job-related stand-
ards of conduct and performance, including failure
to meet minimum production standards after a 3-
day break-in period.
(d) EMERGENCY APPLICATIONS.—Notwithstanding
subsections (b) and (c), the Secretary may promptly trans-
mit a report to the Attorney General and Secretary of
State providing notice of a need for workers under this
subsection for an employer—
(1) who has not employed aliens under this Act
in the occupation in question in the prior year’s ag-
ricultural season;
(2) who faces an unforeseen need for workers
(as determined by the Secretary); and
(3) with respect to whom the Secretary cannot
refer able, willing, and qualified workers from the
registry who will commit to be at the employer’s
place of employment and ready for work within 72
hours or on the date the work for which the worker
is needed has begun, whichever is later.
The employer shall be subject to the alien employment
user fee determined under section 304(b)(1)(B) with re-
spect to each job opportunity for which a notice of insuffi-
cient workers is made pursuant to this subsection.
(e) REGULATIONS.—The Secretary of State shall pre-
scribe regulations to provide for the designation of aliens
under this section.
SEC. 204. EMPLOYMENT REQUIREMENTS.
(a) REQUIRED WAGES.—
(1) IN GENERAL.—An employer applying under
section 201(a) for workers shall offer to pay, and
shall pay, all workers in the occupation or occupa-
tions for which the employer has applied for workers
from the registry, not less (and is not required to
pay more) than the greater of the prevailing wage in
the occupation in the area of intended employment
or the adverse effect wage rate. No worker shall be
paid less than the greater of the hourly wage pre-
scribed under section 6(a)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(a)(1)), or the
applicable State minimum wage.
(2) PAYMENT
OF
PREVAILING
WAGE
DETER-
MINED BY A STATE EMPLOYMENT SECURITY AGENCY
SUFFICIENT.—In complying with paragraph (1), an
employer may request and obtain a prevailing wage
determination from the State employment security
agency. If the employer requests such a determina-
tion, and pays the wage required by paragraph (1)
based upon such a determination, such payment
shall be considered sufficient to meet the require-
ment of paragraph (1).
(3) RELIANCE ON WAGE SURVEY.—In lieu of
the procedure of paragraph (2), an employer may
rely on other information, such as an employer-gen-
erated prevailing wage survey that the Secretary de-
termines meets criteria specified by the Secretary in
regulations.
(4) ALTERNATIVE METHODS OF PAYMENT PER-
MITTED.—
(A) IN GENERAL.—A prevailing wage may
be expressed as an hourly wage, a piece rate, a
task rate, or other incentive payment method,
including a group rate. The requirement to pay
at least the prevailing wage in the occupation
and area of intended employment does not re-
quire an employer to pay by the method of pay
in which the prevailing rate is expressed, except
that, if the employer adopts a method of pay
other than the prevailing rate, the burden of
proof is on the employer to demonstrate that
the employer’s method of pay is designed to
produce earnings equivalent to the earnings
that would result from payment of the pre-
vailing rate.
(B) COMPLIANCE
WHEN
PAYING
AN
IN-
CENTIVE RATE.—In the case of an employer
that pays a piece rate or task rate or uses any
other incentive payment method, including a
group rate, the employer shall be considered to
be in compliance with any applicable hourly
wage requirement if the average of the hourly
earnings of the workers, taken as a group, in
the activity for which a piece rate, task rate, or
other incentive payment, including a group rate,
is paid, for the pay period, is at least equal to
the required hourly wage, except that no worker
shall be paid less than the hourly wage pre-
scribed under section 6(a)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(a)(1))
or the applicable State minimum wage.
(C) TASK
RATE.—For purposes of this
paragraph, the term ‘‘task rate’’ means an in-
centive payment method based on a unit of
work performed such that the incentive rate
varies with the level of effort required to per-
form individual units of work.
(D) GROUP RATE.—For purposes of this
paragraph, the term ‘‘group rate’’ means an in-
centive payment method in which the payment
is shared among a group of workers working to-
gether to perform the task.
(b) REQUIREMENT TO PROVIDE HOUSING.—
(1) IN GENERAL.—
(A) REQUIREMENT.—An employer apply-
ing under section 201(a) for registered workers
shall offer to provide housing at no cost (except
for charges permitted by paragraph (5)) to all
workers employed in job opportunities to which
the employer has applied under that section,
and to all other workers in the same occupation
at the place of employment, whose place of resi-
dence is beyond normal commuting distance.
(B) LIABILITY.—An employer not com-
plying with subparagraph (A) shall be liable to
a registered worker for the costs of housing
equivalent to the type of housing required to be
provided under that subparagraph and shall not
be liable for any employment-related obligation
solely by reason of such noncompliance.
(2) TYPE
OF
HOUSING.—In complying with
paragraph (1), an employer may, at the employer’s
election, provide housing that meets applicable Fed-
eral standards for temporary labor camps or secure
housing that meets applicable local standards for
rental or public accommodation housing or other
substantially similar class of habitation, or, in the
absence of applicable local standards, State stand-
ards for rental or public accommodation housing or
other substantially similar class of habitation.
(3) WORKERS ENGAGED IN THE RANGE PRO-
DUCTION OF LIVESTOCK.—The Secretary shall issue
regulations that address the specific requirements
for the provision of housing to workers engaged in
the range production of livestock.
(4) LIMITATION.—Nothing in this subsection
shall be construed to require an employer to provide
or secure housing for persons who were not entitled
to such housing under the temporary labor certifi-
cation regulations in effect on June 1, 1986.
(5) CHARGES FOR HOUSING.—
(A) UTILITIES
AND
MAINTENANCE.—An
employer who provides housing to a worker pur-
suant to paragraph (1) may charge an amount
equal to the fair market value (but not greater
than the employer’s actual cost) for mainte-
nance and utilities, or such lesser amount as
permitted by law.
(B) SECURITY
DEPOSIT.—An employer
who provides housing to workers pursuant to
paragraph (1) may require, as a condition for
providing such housing, a deposit not to exceed
$50 from workers occupying such housing to
protect against gross negligence or willful de-
struction of property.
(C) DAMAGES.—An employer who provides
housing to workers pursuant to paragraph (1)
may require a worker found to have been re-
sponsible for damage to such housing which is
not the result of normal wear and tear related
to habitation to reimburse the employer for the
reasonable cost of repair of such damage.
(6) HOUSING ALLOWANCE AS ALTERNATIVE.—
(A) IN
GENERAL.—In lieu of offering
housing pursuant to paragraph (1), the em-
ployer may provide a reasonable housing allow-
ance during the 3-year period beginning on the
effective date of this Act. After the expiration
of that period such allowance may be provided
only if the requirement of subparagraph (B) is
satisfied or, in the case of a certification under
subparagraph (B) that is expired, the require-
ment of subparagraph (C) is satisfied. Upon the
request of a worker seeking assistance in locat-
ing housing, the employer shall make a good
faith effort to assist the worker in identifying
and locating housing in the area of intended
employment. An employer who offers a housing
allowance to a worker, or assists a worker in lo-
cating housing which the worker occupies pur-
suant to this subparagraph, shall not be deemed
to be a housing provider under section 203 of
the Migrant and Seasonal Agricultural Worker
Protection Act (29 U.S.C. 1823) solely by vir-
tue of providing such housing allowance.
(B) CERTIFICATION.—The requirement of
this subparagraph is satisfied if the Governor of
the State certifies to the Secretary that there is
adequate housing available in an area of in-
tended employment for migrant farm workers,
and nonimmigrant aliens described in section
101(a)(15)(H)(ii)(c) of the Immigration and
Nationality Act, who are seeking temporary
housing while employed at farm work. Such cer-
tification shall expire after 3 years unless re-
newed by the Governor of the State.
(C) EFFECT
OF
CERTIFICATION.—Not-
withstanding the expiration of a certification
under subparagraph (B) with respect to an area
of intended employment, a housing allowance
described in subparagraph (A) may be offered
for up to one year after the date of expiration.
(D) 
AMOUNT
OF
ALLOWANCE.—The
amount of a housing allowance under this para-
graph shall be equal to the statewide average
fair market rental for existing housing for non-
metropolitan counties for the State in which the
employment occurs, as established by the Sec-
retary of Housing and Urban Development pur-
suant to section 8(c) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(c)),
based on a 2-bedroom dwelling unit and an as-
sumption of 2 persons per bedroom.
(c) REIMBURSEMENT OF TRANSPORTATION.—
(1) TO
PLACE
OF
EMPLOYMENT.—A worker
who is referred to a job opportunity under section
202(a), or an alien employed pursuant to this Act,
who completes 50 percent of the period of employ-
ment of the job opportunity for which the worker
was hired, shall be reimbursed by the employer for
the cost of the worker’s transportation and subsist-
ence from the worker’s permanent place of residence
(or place of last employment, if the worker traveled
from such place) to the place of employment to
which the worker was referred under section 202(a).
(2) FROM PLACE OF EMPLOYMENT.—A worker
who is referred to a job opportunity under section
202(a), or an alien employed pursuant to this Act,
who completes the period of employment for the job
opportunity involved, shall be reimbursed by the em-
ployer for the cost of the worker’s transportation
and subsistence from the place of employment to the
worker’s place of residence, or to the place of next
employment, if the worker has contracted with a
subsequent employer who has not agreed to provide
or pay for the worker’s transportation and subsist-
ence to such subsequent employer’s place of employ-
ment.
(3) LIMITATION.—
(A) AMOUNT
OF
REIMBURSEMENT.—Ex-
cept as provided in subparagraph (B), the
amount of reimbursement provided under para-
graph (1) or (2) to a worker or alien shall not
exceed the lesser of—
(i) the actual cost to the worker or
alien of the transportation and subsistence
involved; or
(ii) the most economical and reason-
able 
common 
carrier 
transportation
charges and subsistence costs for the dis-
tance involved.
(B) DISTANCE TRAVELED.—No reimburse-
ment under paragraph (1) or (2) shall be re-
quired if the distance traveled is 100 miles or
less, or the worker is not residing in employer-
provided housing or housing secured through a
housing allowance as provided in subsection
(b)(6).
(C) PLACE
OF
RECRUITMENT.—For the
purpose of the reimbursement required under
paragraph (1) or (2) to aliens admitted pursu-
ant to this Act, the alien’s place of residence
shall be deemed to be the place where the alien
was issued the visa authorizing admission to the
United States or, if no visa was required, the
place from which the alien departed the foreign
country to travel to the United States.
(d) CONTINUING OBLIGATION TO EMPLOY UNITED
STATES WORKERS.—
(1) IN GENERAL.—An employer that applies for
registered workers under section 201(a) shall, as a
condition for the approval of such application, con-
tinue to offer employment to qualified, eligible
United States workers who are referred under sec-
tion 202(b) after the employer receives the report
described in section 202(b).
(2) LIMITATION.—An employer shall not be ob-
ligated to comply with paragraph (1)—
(A) after 50 percent of the anticipated pe-
riod of employment shown on the employer’s
application under section 201(a) has elapsed; or
(B) during any period in which the em-
ployer is employing no H–2C workers in the oc-
cupation for which the United States worker
was referred; or
(C) during any period when the Secretary
is conducting a search of a registry for workers
in the occupation and area of intended employ-
ment to which the worker has been referred, or
in other occupations in the area of intended em-
ployment for which the worker that has been
referred is qualified and that offer substantially
similar terms and conditions of employment.
(3) LIMITATION ON REQUIREMENT TO PROVIDE
HOUSING.—Notwithstanding any other provision of
this Act, an employer to whom a registered worker
is referred pursuant to paragraph (1) may provide
a reasonable housing allowance to such referred
worker in lieu of providing housing if the employer
does not have sufficient housing to accommodate the
referred worker and all other workers for whom the
employer is providing housing or has committed to
provide housing.
(4) REFERRAL OF WORKERS DURING 50-PER-
CENT PERIOD.—The Secretary shall make all rea-
sonable efforts to place a registered worker in an
open job acceptable to the worker, including avail-
able jobs not listed on the registry, before referring
such worker to an employer for a job opportunity al-
ready filled by, or committed to, an alien admitted
pursuant to this Act.
SEC. 205. PROGRAM FOR THE ADMISSION OF TEMPORARY
H–2C WORKERS.
(a) ESTABLISHMENT OF NEW NONIMMIGRANT CAT-
EGORY
FOR PILOT PROGRAM AGRICULTURAL WORK-
ERS.—Section 101(a)(15)(H)(ii) of the Immigration and
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(H)(ii)) 
is
amended—
(1) by striking ‘‘or (b)’’ and inserting ‘‘(b)’’;
and
(2) by adding at the end the following:
‘‘ or (c) having a residence in a foreign country
which he has no intention of abandoning who is
coming temporarily to the United States pursuant to
section 218A to perform such agricultural labor or
services of a temporary or seasonal nature;’’.
(b) NO FAMILY MEMBERS PERMITTED.—Section
101(a)(15)(H) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)) is amended by striking ‘‘specified
in this paragraph’’ and inserting ‘‘specified in this sub-
paragraph (other than in clause (ii)(c))’’.
(c) 
ALTERNATIVE
AGRICULTURAL
TEMPORARY
WORKER PROGRAM.—
(1) IN GENERAL.—The Immigration and Na-
tionality Act is amended by inserting after section
218 the following:
‘‘ALTERNATIVE AGRICULTURAL TEMPORARY WORKER
PROGRAM
‘‘SEC. 218A. (a) PROCEDURE FOR ADMISSION OF
ALIENS WHO ARE OUTSIDE THE UNITED STATES.—
‘‘(1) CRITERIA FOR ADMISSIBILITY.—
‘‘(A) IN GENERAL.—An alien described in
section 101(a)(15)(H)(ii)(c) of the Immigration
and Nationality Act shall be admissible under
this section if the alien is designated pursuant
to section 203 of the Agricultural Opportunities
Act, otherwise admissible under this Act, and
the alien is not ineligible under subparagraph
(B) or (C).
‘‘(B) DISQUALIFICATION.—An alien shall
be ineligible for admission to the United States
or being provided status under this section if
the alien has, at any time during the past 5
years—
‘‘(i) violated a material provision of
this section, including the requirement to
promptly depart the United States when
the alien’s authorized period of admission
under this section has expired; or
‘‘(ii) otherwise violated a term or con-
dition of admission to the United States as
a nonimmigrant, including overstaying the
period of authorized admission as such a
nonimmigrant.
‘‘(C) 
FOREIGN
RESIDENCE
REQUIRE-
MENT.—No person admitted under section
101(a)(15)(H)(ii)(c) or acquiring such status
after admission shall be eligible to apply for an-
other nonimmigrant visa under such section
until it is established that such person has re-
sided and been physically present in the country
of his nationality or his last residence for an
aggregate of a least 2 months following depar-
ture from the United States.
‘‘(D) BURDEN OF PROOF ON UNLAWFUL
PRESENCE.—Notwithstanding section 291, in
the case of an alien who has not previously been
admitted to the United States under this sec-
tion, is not ineligible under subparagraph (B)
or (C), is described in subparagraph (A), and is
seeking admission under this section, the alien
shall not be considered inadmissible under sec-
tion 212(a)(9)(B) unless the alien’s inadmis-
sibility is established by a preponderance of the
evidence.
‘‘(2) PERIOD OF ADMISSION.—The alien shall
be admitted for the period requested by the employer
not to exceed 10 months, or the ending date of the
anticipated period of employment on the employer’s
application for registered workers, whichever is less.
‘‘(3) ABANDONMENT OF EMPLOYMENT.—
‘‘(A) IN GENERAL.—An alien admitted or
provided status under this section who aban-
dons the employment which was the basis for
such admission or status shall be considered to
have failed to maintain nonimmigrant status as
an 
alien 
described 
in 
section
101(a)(15)(H)(ii)(c) 
and 
shall 
depart 
the
United States or be subject to removal under
section 237(a)(1)(C)(i).
‘‘(B) REPORT
BY
EMPLOYER.—The em-
ployer (or association acting as agent for the
employer) shall notify the Attorney General
within 7 days of an alien admitted or provided
status under this Act pursuant to an applica-
tion to the Secretary of Labor under section
201 of the Agricultural Opportunities Act who
prematurely abandons the alien’s employment.
‘‘(C) REMOVAL BY THE ATTORNEY GEN-
ERAL.—The Attorney General shall promptly
remove from the United States aliens admitted
pursuant to section 101(a)(15)(H)(ii)(c) who
have failed to maintain nonimmigrant status or
who have otherwise violated the terms of a visa
issued under this title.
‘‘(D) 
VOLUNTARY
TERMINATION.—Not-
withstanding the provisions of subparagraph
(A), an alien may voluntarily terminate his or
her employment if the alien promptly departs
the United States upon termination of such em-
ployment.
‘‘(E) REPLACEMENT
OF
ALIEN.—Upon
presentation of the notice to the attorney Gen-
eral required by subparagraph (B), the Sec-
retary of State shall promptly issue a visa to,
and the Attorney General shall admit, an eligi-
ble alien designated by the employer to replace
an alien who abandons or prematurely termi-
nates employment.
‘‘(4) IDENTIFICATION DOCUMENT AND IDENTI-
FICATION SYSTEM.—
‘‘(A) IN GENERAL.—Each alien admitted
under this section shall, upon receipt of a visa,
be given an identification and employment eligi-
bility document to verify eligibility for employ-
ment in the United States and verify such per-
son’s proper identity.
‘‘(B) REQUIREMENTS.—No identification
and employment eligibility document may be
issued and no identification system may be im-
plemented which does not meet the following re-
quirements:
‘‘(i) The document and system shall
be 
capable 
of 
reliably 
determining
whether—
‘‘(I) the individual with the iden-
tification and employment eligibility
document whose eligibility is being
verified is in fact eligible for employ-
ment,
‘‘(II) the individual whose eligi-
bility is being verified is claiming the
identity of another person, and
‘‘(III) the individual whose eligi-
bility is being verified has been prop-
erly admitted under this section.
‘‘(ii) The document shall be in the
form that is resistant to counterfeiting and
to tampering.
‘‘(iii) The document and system
shall—
‘‘(I) be compatible with other Im-
migration and Naturalization Service
databases and other Federal govern-
ment databases for the purpose of ex-
cluding aliens from benefits for which
they are not eligible and to determine
whether the alien is illegally present
in the United States, and
‘‘(II) be compatible with law en-
forcement databases to determine if
the alien has been convicted of crimi-
nal offenses.
‘‘(b) EXTENSION
OF STAY
OF ALIENS
IN
THE
UNITED STATES.—
‘‘(1) EXTENSION
OF
STAY.—If an employer
with respect to whom a report or application de-
scribed in section 203(a)(1) of the Agricultural Op-
portunities Act has been submitted seeks to employ
an alien who has acquired status under this section
and who is lawfully present in the United States, the
employer shall file with the Attorney General an ap-
plication for an extension of the alien’s stay or a
change in the alien’s authorized employment. The
application shall be accompanied by a copy of the
appropriate report or application described in section
203 of the Agricultural Opportunities Act.
‘‘(2) LIMITATION ON FILING AN APPLICATION
FOR EXTENSION OF STAY.—An application may not
be filed to extend an alien’s stay if the granting of
the application would permit the alien’s period of
physical presence in the United States, under the
authority of the most recent nonimmigrant visa (or
other document providing nonimmigrant status)
issued under section 101(a)(15)(H)(ii)(c), to exceed
12 months (disregarding any period of continuous
physical absence from the United States exceeding 2
months during which the alien appears before a con-
bility document to the alien indicating the new valid-
ity date, after which the alien is not required to re-
tain a copy of the application.
‘‘(4) LIMITATION ON EMPLOYMENT AUTHORIZA-
TION OF ALIENS WITHOUT VALID IDENTIFICATION
AND EMPLOYMENT ELIGIBILITY CARD.—An expired
identification and employment eligibility document,
together with a copy of an application for extension
of stay or change in the alien’s authorized employ-
ment that complies with the requirements of para-
graph (1), shall constitute a valid work authorization
document for a period of not more than 60 days
from the date of application for the extension of
stay, after which time only a currently valid identi-
fication and employment eligibility document shall be
acceptable.
‘‘(5) LIMITATION ON AN INDIVIDUAL’S STAY IN
STATUS.—In the case of a nonimmigrant granted an
extension of stay under this section, such extension
may not permit the alien’s total period of physical
presence in the United States, under the authority
of the nonimmigrant visa (or other document pro-
viding nonimmigrant status) to which the extension
applies, to exceed 12 months (disregarding any pe-
riod of continuous physical absence from the United
States exceeding 2 months during which the alien
appears before a consular officer outside of the
United States for the purpose of verifying the alien’s
identity by presenting the identification and employ-
ment eligibility document provided under subsection
(a)(4)).’’.
(2) CLERICAL AMENDMENT.—The table of con-
tents of the Immigration and Nationality Act is
amended by inserting after the item relating to sec-
tion 218 the following new item:
‘‘Sec. 218A. Alternative agricultural temporary worker program.’’.
(d) RANGE PRODUCTION OF LIVESTOCK.—Nothing
in this title shall preclude the Secretary of Labor and the
Attorney General from continuing to apply special proce-
dures to the employment, admission, and extension of
aliens in the range production of livestock.
(e) VERIFICATION
OF RETURN
OF WORKERS
TO
COUNTRY OF ORIGIN.—The Attorney General shall estab-
lish a program to verify that H–2C workers are departing
from the United States after the expiration of their au-
thorized period of stay in the United States.
TITLE III—MISCELLANEOUS
PROVISIONS
SEC. 301. ENHANCED WORKER PROTECTIONS AND LABOR
STANDARDS ENFORCEMENT.
(a) ENFORCEMENT AUTHORITY.—
(1) INVESTIGATION OF COMPLAINTS.—
(A) AGGRIEVED PERSON OR THIRD PARTY
COMPLAINTS.—The Secretary shall establish a
process for the receipt, investigation, and dis-
position of complaints respecting an employer’s
failure to meet a condition specified in section
201 or an employer’s misrepresentation of ma-
terial facts in an application under that section,
or violation of the provisions described in sub-
paragraph (B). Complaints may be filed by any
aggrieved person or any organization (including
bargaining representatives). No investigation or
hearing shall be conducted on a complaint con-
cerning such a failure or misrepresentation un-
less the complaint was filed not later than 12
months after the date of the failure or mis-
representation, as the case may be. The Sec-
retary shall conduct an investigation under this
paragraph if there is reasonable cause to believe
that such a failure or misrepresentation has oc-
curred.
(B) EXPEDITED INVESTIGATION OF SERI-
OUS CHILD LABOR, WAGE, AND HOUSING VIOLA-
TIONS.—The Secretary shall complete an inves-
tigation and issue a written determination as to
whether or not a violation has been committed
within 10 days of the receipt of a complaint
pursuant to subparagraph (A) if there is rea-
sonable cause to believe that any of the fol-
lowing serious violations have occurred:
(i) A violation of section 12(c) of the
Fair Labor Standards Act of 1938 (29
U.S.C. 212(c)).
(ii) A failure to make a wage pay-
ment, except that complaints alleging that
an amount less than the wages due has
been paid shall be handled pursuant to
subparagraph (A).
(iii) A failure to provide the housing
allowance 
required 
under 
section
204(b)(6).
(iv) Providing housing pursuant to
section 204(b)(1) that fails to comply with
standards under section 204(b)(2) and
which poses an immediate threat of serious
bodily injury or death to workers.
(C) STATUTORY CONSTRUCTION.—Nothing
in this Act limits the authority of the Secretary
of Labor to conduct any compliance investiga-
tion under any other labor law, including any
law affecting migrant and seasonal agricultural
workers or, in the absence of a complaint under
this paragraph, under this Act.
(2) WRITTEN NOTICE OF FINDING AND OPPOR-
TUNITY
FOR
APPEAL.—After an investigation has
been conducted, the Secretary shall issue a written
determination as to whether or not any violation de-
scribed in subsection (b) has been committed. The
Secretary’s determination shall be served on the
complainant and the employer, and shall provide an
opportunity for an appeal of the Secretary’s decision
to an administrative law judge, who may conduct a
de novo hearing.
(3) ABILITY OF ALIEN WORKERS TO CHANGE
EMPLOYERS.—
(A) IN GENERAL.—Pending the completion
of an investigation pursuant to paragraph
(1)(A), the Secretary may permit the transfer
of an aggrieved person who has filed a com-
plaint under such paragraph to an employer
that—
(i) has been approved to employ work-
ers under this Act; and
(ii) agrees to accept the person for
employment.
(B) REPLACEMENT
WORKER.—An ag-
grieved person may not be transferred under
subparagraph (A) until such time as the em-
ployer from whom the person is to be trans-
ferred receives a requested replacement worker
referred by a registry pursuant to section 202
of this Act or provided status under section
101(a)(15)(H)(ii)(c) of the Immigration and
Nationality Act.
(C) 
LIMITATION.—An 
employer 
from
whom an aggrieved person has been transferred
under this paragraph shall have no obligation to
reimburse the person for the cost of transpor-
tation prior to the completion of the period of
employment referred to in section 204(c).
(D) 
VOLUNTARY
TRANSFER.—Notwith-
standing this paragraph, an employer may vol-
untarily agree to transfer a worker to another
employer that—
(i) has been approved to employ work-
ers under this Act; and
(ii) agrees to accept the person for
employment.
(b) REMEDIES.—
(1) BACK WAGES.—Upon a final determination
that the employer has failed to pay wages as re-
quired under this section, the Secretary may assess
payment of back wages due to any United States
worker 
or 
alien 
described 
in 
section
101(a)(15)(H)(ii)(c) of the Immigration and Nation-
ality Act employed by the employer in the specific
employment in question. The back wages shall be
equal to the difference between the amount that
should have been paid and the amount that actually
was paid to such worker.
(2) FAILURE TO PAY WAGES.—Upon a final de-
termination that the employer has failed to pay the
wages required under this Act, the Secretary may
assess a civil money penalty up to $1,000 for each
person for whom the employer failed to pay the re-
quired wage, and may recommend to the Attorney
General the disqualification of the employer from the
employment 
of 
aliens 
described 
in 
section
101(a)(15)(H)(ii)(c) of the Immigration and Nation-
ality Act for a period of time determined by the Sec-
retary not to exceed 1 year.
(3) OTHER VIOLATIONS.—If the Secretary, as a
result of an investigation pursuant to a complaint,
determines that an employer covered by an applica-
tion under section 201(a) has—
(A) filed an application that misrepresents
a material fact;
(B) failed to meet a condition specified in
section 201; or
(C) committed a serious violation of sub-
section (a)(1)(B),
the Secretary may seek a cease and desist order and
assess a civil money penalty not to exceed $1,000 for
each violation and may recommend to the Attorney
General the disqualification of the employer if the
Secretary finds it to be a substantial misrepresenta-
tion or violation of the requirements for the employ-
ment of any United States workers or aliens de-
scribed in section 101(a)(15)(ii)(c) of the Immigra-
tion and Nationality Act for a period of time deter-
mined by the Secretary not to exceed 1 year. In de-
termining the amount of civil money penalty to be
assessed or whether to recommend disqualification of
the employer, the Secretary shall consider the seri-
ousness of the violation, the good faith of the em-
ployer, the size of the business of the employer being
charged, the history of previous violations by the em-
ployer, whether the employer obtained a financial
gain from the violation, whether the violation was
willful, and other relevant factors.
(4) EXPANDED PROGRAM DISQUALIFICATION.—
(A) 3 YEARS FOR SECOND VIOLATION.—
Upon a second final determination that an em-
ployer has failed to pay the wages required
under this Act, or a second final determination
that the employer has committed another sub-
stantial violation under paragraph (3) in the
same category of violations, with respect to the
same alien, the Secretary shall report such de-
termination to the Attorney General and the
Attorney General shall disqualify the employer
from the employment of aliens described in sec-
tion 101(a)(15)(H)(ii)(c) of the Immigration
and Nationality Act for a period of 3 years.
(B) PERMANENT FOR THIRD VIOLATION.—
Upon a third final determination that an em-
ployer has failed to pay the wages required
under this section or committed other substan-
tial violations under paragraph (3), the Sec-
retary shall report such determination to the
Attorney General, and the Attorney General
shall disqualify the employer from any subse-
quent employment of aliens described in section
101(a)(15)(H)(ii)(c) of the Immigration and
Nationality Act.
(c) ROLE OF ASSOCIATIONS.—
(1) VIOLATION BY A MEMBER OF AN ASSOCIA-
TION.—An employer on whose behalf an application
is filed by an association acting as its agent is fully
responsible for such application, and for complying
with the terms and conditions of this Act, as though
the employer had filed the application itself. If such
an employer is determined to have violated a re-
quirement of this section, the penalty for such viola-
tion shall be assessed against the employer who com-
mitted the violation and not against the association
or other members of the association.
(2) VIOLATION BY AN ASSOCIATION ACTING AS
AN EMPLOYER.—If an association filing an applica-
tion on its own behalf as an employer is determined
to have committed a violation under this subsection
which results in disqualification from the program
under subsection (b), no individual member of such
association may be the beneficiary of the services of
an alien described in section 101(a)(15)(H)(ii)(c) of
the Immigration and Nationality Act in an occupa-
tion in which such alien was employed by the asso-
ciation during the period such disqualification is in
effect, unless such member files an application as an
individual employer or such application is filed on
the employer’s behalf by an association with which
the employer has an agreement that the employer
will comply with the requirements of this Act.
(d) STUDY OF AGRICULTURAL LABOR STANDARDS
AND ENFORCEMENT.—
(1) COMMISSION ON HOUSING MIGRANT AGRI-
CULTURAL WORKERS.—
(A) ESTABLISHMENT.—There is estab-
lished the Commission on Housing Migrant Ag-
ricultural Workers (in this paragraph referred
to as the ‘‘Commission’’).
(B) COMPOSITION.—The Commission shall
consist of 12 members, as follows:
(i) Four representatives of agricul-
tural employers and one representative of
the Department of Agriculture, each ap-
pointed by the Secretary of Agriculture.
(ii) Four representatives of agricul-
tural workers and one representative of the
Department of Labor, each appointed by
the Secretary of Labor.
(iii) One State or local official knowl-
edgeable about farmworker housing and
one representative of Housing and Urban
Development, each appointed by the Sec-
retary of Housing and Urban Develop-
ment.
(C) FUNCTIONS.—The Commission shall
conduct a study of the problem of in-season
housing for migrant agricultural workers.
(D) INTERIM REPORTS.—The Commission
may at any time submit interim reports to Con-
gress describing the findings made up to that
time with respect to the study conducted under
subparagraph (C).
(E) FINAL
REPORT.—Not later than 3
years after the date of enactment of this Act,
the Commission shall submit a report to Con-
gress setting forth the findings of the study
conducted under subparagraph (C).
(F) TERMINATION
DATE.—The Commis-
sion shall terminate upon filing its final report.
(2) STUDY OF RELATIONSHIP BETWEEN CHILD
CARE
AND
CHILD
LABOR.—The Secretaries of
Labor, Agriculture, and Health and Human Services
shall jointly conduct a study of the issues relating to
child care of migrant agricultural workers. Such
study shall address issues related to the adequacy of
educational and day care services for migrant chil-
dren and the relationship, if any, of child care needs
and child labor violations in agriculture. An evalua-
tion of migrant and seasonal Head Start programs
(as defined in section 637(12) of the Head Start
Act) as they relate to these issues shall be included
as a part of the study.
(3) STUDY OF FIELD SANITATION.—The Sec-
retary of Labor and the Secretary of Agriculture
shall jointly conduct a study regarding current field
sanitation standards in agriculture and evaluate al-
ternative approaches and innovations that may fur-
ther compliance with such standards.
(4) STUDY OF COORDINATED AND TARGETED
LABOR STANDARDS ENFORCEMENT.—The Secretary,
in consultation with the Secretary of Agriculture,
shall conduct a study of the most persistent and se-
rious labor standards violations in agriculture and
evaluate the most effective means of coordinating
enforcement efforts between Federal and State offi-
cials. The study shall place primary emphasis on the
means by which Federal and State authorities, in
consultation with representatives of workers and ag-
ricultural employers, may develop more effective
methods of targeting resources at repeated and egre-
gious violators of labor standards. The study also
shall consider ways of facilitating expanded edu-
cation among agricultural employers and workers re-
garding compliance with labor standards and evalu-
ate means of broadening such education on a cooper-
ative basis among employers and workers.
(5) REPORT.—Not later than 3 years after the
date of enactment of this Act, with respect to each
study required to be conducted under paragraphs (2)
through (4), the Secretary or group of Secretaries
required to conduct the study shall submit to Con-
gress a report setting forth the findings of the study.
SEC. 302. COMMISSION.
The Attorney General is authorized and requested to
establish a commission between the United States and
each country not less than 10,000 nationals of which are
nonimmigrant 
aliens 
described 
in 
section
101(a)(15)(H)(ii)(c) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(H)(ii)(c)). Such commission
shall provide a forum to the governments involved to dis-
cuss matters of mutual concern regarding the program for
the admission of aliens under section 101(a)(15)(H)(ii)(c)
of the Immigration and Nationality Act.
chargeable to employers for services provided under this
Act.
(b) DETERMINATION OF SCHEDULE.—
(1) IN
GENERAL.—The schedule under sub-
section (a) shall reflect a fee rate based on the num-
ber of job opportunities indicated in an employer’s
application under section 201(a)(1)(C) and sufficient
to provide for the reimbursement of the direct costs
of providing the following services:
(A) REGISTRY USER FEE.—Services pro-
vided through the agricultural worker registries
established under section 101(a), including reg-
istration, referral, and validation, but not in-
cluding services that would otherwise be pro-
vided by the Secretary of Labor under related
or similar programs if such registries had not
been established.
(B) ALIEN
EMPLOYMENT
USER
FEE.—
Services related to an employer’s authorization
to employ eligible aliens pursuant to this Act,
including the establishment and certification of
eligible employers, the issuance of documenta-
tion, and the admission of eligible aliens.
(2) PROCEDURE.—
(A) IN GENERAL.—In establishing and ad-
justing such schedule, the Secretary of Labor
shall comply with Federal cost accounting and
fee setting standards.
(B) PUBLICATION
AND
COMMENT.—The
Secretary of Labor shall publish in the Federal
Register an initial fee schedule and associated
collection process and the cost data or estimates
upon which such fee schedule is based, and any
subsequent amendments thereto, pursuant to
which public comment will be sought and a final
rule issued.
(c) USE OF PROCEEDS.—
(1) IN GENERAL.—All proceeds resulting from
the payment of registry user fees and alien employ-
ment user fees shall be available without further ap-
propriation and shall remain available without fiscal
year limitation to reimburse the Secretaries of
Labor, State, and Agriculture, and the Attorney
General for the costs of carrying out section 218A
of the Immigration and Nationality Act and the pro-
visions of this Act.
(2) LIMITATION ON ENFORCEMENT COSTS.—In
making a determination of reimbursable costs under
paragraph (1), the Secretary of Labor shall provide
that reimbursement of the costs of enforcement
under section 301 shall not exceed 10 percent of the
direct costs of the Secretary described in subpara-
graphs (A) and (B) of subsection (b)(1).
SEC. 305. FUNDING FOR STARTUP COSTS.
If additional funds are necessary to pay the startup
costs of the agricultural worker registries established
under section 101(a), such costs may be paid out of
amounts available to Federal or State governmental enti-
ties under the Wagner-Peyser Act (29 U.S.C. 49 et seq.).
Proceeds described in section 304(c) may be used to reim-
burse the use of such available amounts.
SEC. 306. REPORT TO CONGRESS.
(a) REQUIREMENT.—Not later than 4 years after the
effective date under section 307, the Resources, Commu-
nity and Economic Development Division, and the Health,
Education and Human Services Division, of the Office of
the Comptroller General of the United States shall jointly
prepare and transmit to the Committee on the Judiciary
and the Committee on Agriculture of the House of Rep-
resentatives and the Committee on the Judiciary and the
Committee on Agriculture, Nutrition, and Forestry of the
Senate a report describing the results of a review of the
implementation of and compliance with this Act. The re-
port shall address—
(1) whether the program has ensured an ade-
quate and timely supply of qualified, eligible workers
at the time and place needed by employers;
(2) whether the program has ensured that
aliens admitted under this program are employed
only in authorized employment, and that they timely
depart the United States when their authorized stay
ends;
(3) whether the program has ensured that par-
ticipating employers comply with the requirements of
the program with respect to the employment of
United States workers and aliens admitted under
this program;
(4) whether the program has ensured that
aliens admitted under this program are not dis-
placing eligible, qualified United States workers or
diminishing the wages and other terms and condi-
tions of employment of eligible United States work-
ers;
(5) to the extent practicable, compare the wages
and other terms of employment of eligible United
States workers and aliens employed under this pro-
gram with the wages and other terms of employment
of agricultural workers who are not authorized to
work in the United States;
(6) whether the housing provisions of this pro-
gram ensure that adequate housing is available to
workers employed under this program who are re-
quired to be provided housing or a housing allow-
ance;
(7) recommendations for improving the oper-
ation of the program for the benefit of participating
employers, eligible United States workers, partici-
pating aliens, and governmental agencies involved in
administering the program; and
(8) recommendations for the continuation or
termination of the program under this Act.
(b) ADVISORY BOARD.—There shall be established an
advisory board to be composed of—
(1) four representatives of agricultural employ-
ers to be appointed by the Secretary of Agriculture,
including individuals who have experience with the
H–2C program; and
(2) four representatives of agricultural workers
to be appointed by the Secretary of Labor, including
individuals who have experience with the H–2C pro-
gram,
to provide advice to the Comptroller General in the prepa-
ration of the reports required under subsection (a).
SEC. 307. EFFECTIVE DATE.
(a) IN GENERAL.—This Act and the amendments
made by this Act shall take effect on the date that is 1
year after the date of the enactment of this Act.
(b) REPORT.—Not later than 180 days after the date
of the enactment of this Act, the Secretary shall prepare
and submit to the appropriate committees of Congress a
report that described the measures being taken and the
progress made in implementing this Act.
SEC. 308. TERMINATION OF PROGRAM.
This Act, and the amendments made by this Act,
shall cease to be effective on the date that is 3 years after
the effective date under section 307(a).
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