I 
108TH CONGRESS 
1ST SESSION H. R. 3604
To simplify the process for admitting temporary alien agricultural workers 
under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality 
Act, to increase access to such workers, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 21, 2003
Mr. GOODLATTE (for himself, Mr. STENHOLM, Mr. LUCAS of Oklahoma, Mr. 
GUTKNECHT, Mr. BLUNT, Mr. GALLEGLY, Mr. OSBORNE, Mr. BURNS, 
Mr. CHOCOLA, Mr. NETHERCUTT, Mr. SMITH of Michigan, Mr. KING-
STON, Mr. BARTLETT of Maryland, Mr. BROWN of South Carolina, Mr. 
UPTON, Mr. CAMP, Mr. YOUNG of Alaska, Mr. COLLINS, Mr. BAKER, 
Mrs. JO ANN DAVIS of Virginia, Mr. DUNCAN, Mr. FORBES, Mr. GAR-
RETT of New Jersey, Mr. HERGER, Mr. HOEKSTRA, Mr. JANKLOW, Mr. 
JONES of North Carolina, Mr. KELLER, Mrs. MILLER of Michigan, Mr. 
OXLEY, Mr. SOUDER, Mr. TIBERI, and Mr. WICKER) introduced the fol-
lowing bill; which was referred to the Committee on the Judiciary, and 
in addition to the Committee on Agriculture, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To simplify the process for admitting temporary alien agri-
cultural workers under section 101(a)(15)(H)(ii)(a) of 
the Immigration and Nationality Act, to increase access 
to such workers, 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. 
This Act may be cited as the ‘‘Temporary Agricul-
tural Labor Reform Act of 2003’’. 
SEC. 2. ADMISSION OF TEMPORARY H–2A WORKERS. 
(a) IN GENERAL.—Section 218 of the Immigration 
and Nationality Act (8 U.S.C. 1188) is amended to read 
as follows: 
‘‘ADMISSION OF TEMPORARY H–2A WORKERS 
‘‘SEC. 218. (a) APPLICATION.—No alien may be ad-
mitted as an H–2A worker (as defined in subsection 
(x)(2)) unless the employer has filed with the Secretary 
of Labor an application stating the following: 
‘‘(1) TEMPORARY
OR
SEASONAL
LABOR
OR 
SERVICES.—The agricultural employment for which 
the H–2A worker or workers is or are sought is tem-
porary or seasonal, the number of workers sought, 
and the wage rate and conditions under which they 
will be employed. 
‘‘(2) BENEFITS, WAGE, AND WORKING CONDI-
TIONS.—The employer will provide, at a minimum, 
the benefits, wages, and working conditions required 
by subsection (n) to all workers employed in the jobs 
for which the H–2A worker or workers is or are 
sought and to all other workers in the same occupa-
tion at the place of employment.
employment and for a period of 30 days pre-
ceding the period of employment, the other em-
ployer has displaced or intends to displace a
United States worker employed by the other 
employer in the occupation at the place of em-
ployment for which the employer seeks approval 
to employ H–2A workers. 
‘‘(9) STRIKE
OR
LOCKOUT.—There is not a 
strike or lockout in the course of a labor dispute 
which, under regulations promulgated by the Sec-
retary of Labor, precludes the provision of the cer-
tification described in section 101(a)(15)(H)(ii)(a). 
‘‘(10) PREVIOUS
VIOLATIONS.—The employer 
has not, during the previous two-year period, em-
ployed H–2A workers and substantially violated a 
material term or condition of approval with respect 
to the employment of domestic or nonimmigrant 
workers, as determined by the Secretary of Labor 
after notice and opportunity for a hearing. 
‘‘(b) STATEMENT
OF LIABILITY.—The application 
form shall include a clear statement explaining the liability 
under this section of a employer who places an H–2A 
worker with another employer if the other employer dis-
places a United States worker in violation of the condition 
described in subsection (a)(8).
‘‘(c) PUBLICATION.—The employer shall make avail-
able for public examination, within one working day after 
the date on which an application under this paragraph is 
filed, at the employer’s principal place of business or work-
site, a copy of each such application (and such accom-
panying documents as are necessary). 
‘‘(d) LIST.—The Secretary shall compile, on a cur-
rent basis, a list (by employer) of the applications filed 
under subsection (a). Such list shall include the wage rate, 
number of aliens sought, period of intended employment, 
and date of need. The Secretary shall make such list avail-
able for public examination in Washington, DC. 
‘‘(e) SPECIAL RULES FOR CONSIDERATION OF AP-
PLICATIONS.—The following rules shall apply in the case 
of the filing and consideration of an application under sub-
section (a): 
‘‘(1) DEADLINE FOR FILING APPLICATIONS.—
The Secretary of Labor may not require that the ap-
plication be filed more than 45 days before the first 
date the employer requires the labor or services of 
the H–2A worker or workers. 
‘‘(2) REVIEW.—The Secretary of Labor shall 
review such an application only for completeness and 
obvious inaccuracies.
‘‘(3) ISSUANCE OF APPROVAL.—Unless the Sec-
retary finds that the application is incomplete or ob-
viously inaccurate, the Secretary shall provide the 
certification 
described 
in 
section 
101(a)(15)(H)(ii)(a) within 7 days of the date of the 
filing of the application. 
‘‘(f) ROLES OF AGRICULTURAL ASSOCIATIONS.—
‘‘(1) PERMITTING
FILING
BY
AGRICULTURAL 
ASSOCIATIONS.—An application to import an alien 
as a temporary agricultural worker may be filed by 
an association of agricultural producers which use 
agricultural services. 
‘‘(2) TREATMENT OF ASSOCIATIONS ACTING AS 
EMPLOYERS.—If an association is a joint or sole em-
ployer of temporary agricultural workers, such work-
ers may be transferred among its producer members 
to perform agricultural services of a temporary or 
seasonal nature for which the application was ap-
proved. 
‘‘(3) TREATMENT OF VIOLATIONS.—
‘‘(A) MEMBER’S
VIOLATION
DOES
NOT 
NECESSARILY
DISQUALIFY
ASSOCIATION
OR 
OTHER
MEMBERS.—If an individual producer 
member of a joint employer association is deter-
mined to have committed an act that is in viola-
tion of the conditions for approval with respect 
to the member’s application, the denial shall 
apply only to that member of the association 
unless the Secretary determines that the asso-
ciation or other member participated in, had 
knowledge of, or reason to know of, the viola-
tion. 
‘‘(B) ASSOCIATION’S VIOLATION DOES NOT 
NECESSARILY DISQUALIFY MEMBERS.—
‘‘(i) If an association representing ag-
ricultural producers as a joint employer is 
determined to have committed an act that 
is in violation of the conditions for ap-
proval with respect to the association’s ap-
plication, the denial shall apply only to the 
association and does not apply to any indi-
vidual producer member of the association 
unless the Secretary determines that the 
member participated in, had knowledge of, 
or reason to know of, the violation. 
‘‘(ii) If an association of agricultural 
producers approved as a sole employer is 
determined to have committed an act that 
is in violation of the conditions for ap-
proval with respect to the association’s ap-
plication, no individual producer member 
of such association may be the beneficiary 
of the services of temporary alien agricul-
tural workers admitted under this section 
in the commodity and occupation in which 
such aliens were employed by the associa-
tion which was denied approval during the 
period such denial is in force, unless such 
producer member employs such aliens in 
the commodity and occupation in question 
directly or through an association which is 
a joint employer of such workers with the 
producer member. 
‘‘(g) EXPEDITED
ADMINISTRATIVE
APPEALS
OF 
CERTAIN DETERMINATIONS.—Regulations shall provide 
for an expedited procedure for the review of a denial of 
approval under this section, or at the applicant’s request, 
for a de novo administrative hearing respecting the denial. 
‘‘(h) MISCELLANEOUS PROVISIONS.— 
‘‘(1) WITHHOLDING OF DOMESTIC WORKERS.—
No person or entity shall willfully and knowingly 
withhold domestic workers prior to the arrival of H–
2A workers in order to force the hiring of domestic 
workers under subsection (a)(6).
‘‘(2) ENDORSEMENT
OF
DOCUMENTS.—The 
Secretary of Homeland Security shall provide for the 
endorsement of entry and exit documents of non-
immigrants described in section 101(a)(15)(H)(ii)(a)
as may be necessary to carry out this section and 
to provide notice for purposes of section 274A. 
‘‘(3) PREEMPTION OF STATE LAWS.—The pro-
visions of subsections (a) and (c) of section 214 and 
the provisions of this section preempt any State or 
local law regulating admissibility of nonimmigrant 
workers. 
‘‘(4) FEES.—The Secretary of Labor may re-
quire by regulation, as a condition of approving the 
application, the payment of a fee to recover the rea-
sonable costs of processing applications. 
‘‘(i) FAILURES TO MEET CONDITIONS.—If the Sec-
retary of Labor finds, after notice and opportunity for a 
hearing, a failure to meet a condition of subsection (a), 
or a material misrepresentation of fact in an application 
under subsection (a)—
‘‘(1) the Secretary of Labor shall notify the 
Secretary of such finding and may, in addition, im-
pose such other administrative remedies (including 
civil money penalties in an amount not to exceed
opportunity for hearing, a willful failure to meet a condi-
tion of subsection (a) or a willful misrepresentation of a 
material fact in an application under subsection (a), in 
the course of which failure or misrepresentation the em-
ployer displaced a United States worker employed by the 
employer during the period of employment on the employ-
er’s application under subsection (a) or during the period 
of 30 days preceding such period of employment—
‘‘(1) the Secretary of Labor shall notify the 
Secretary of such finding and may, in addition, im-
pose such other administrative remedies (including 
civil money penalties in an amount not to exceed 
$15,000 per violation) as the Secretary of Labor de-
termines to be appropriate; and 
‘‘(2) the Secretary may disqualify the employer 
from the employment of H–2A workers for a period 
of 3 years. 
‘‘(l) LIMITATIONS ON CIVIL MONEY PENALTIES.—
The Secretary of Labor shall not impose total civil money 
penalties with respect to an application under subsection 
(a) in excess of $90,000. 
‘‘(m) FAILURES TO PAY WAGES OR REQUIRED BEN-
EFITS.—If the Secretary of Labor finds, after notice and 
opportunity for a hearing, that the employer has failed to 
pay the wages, or provide the housing allowance, transpor-
tation, subsistence reimbursement, or guarantee of em-
ployment, required under subsection (a)(2) the Secretary 
of Labor shall assess payment of back wages, or other re-
quired benefits, due any United States worker or H–2A 
worker employed by the employer in the specific employ-
ment in question. The back wages or other required bene-
fits under section subsection (a)(2) shall be equal to the 
difference between the amount that should have been paid 
and the amount that actually was paid to such worker. 
‘‘(n) MINIMUM BENEFITS, WAGES, AND WORKING 
CONDITIONS.—
‘‘(1) PREFERENTIAL
TREATMENT
OF
ALIENS 
PROHIBITED.—Employers seeking to hire United 
States workers shall offer the United States workers 
no less than the same benefits, wages, and working 
conditions that the employer is offering, intends to 
offer, or will provide to H–2A workers. Conversely, 
no job offer may impose on United States workers 
any restrictions or obligations which will not be im-
posed on the employer’s H–2A workers. 
‘‘(2) REQUIRED WAGES.—
‘‘(A) An employer applying for workers 
under subsection (a) shall offer to pay, and 
shall pay, all workers in the occupation for
which the employer has applied for workers, not 
less than the prevailing wage. 
‘‘(B) In complying with subparagraph (A), 
an employer may request and obtain a pre-
vailing wage determination from the State em-
ployment security agency. 
‘‘(C) In lieu of the procedure described in 
subparagraph (B), an employer may rely on 
other wage information, including a survey of 
the prevailing wages of workers in the occupa-
tion in the area of intended employment that 
has been conducted or funded by the employer 
or a group of employers, that meets criteria 
specified by the Secretary of Labor in regula-
tions. 
‘‘(D) An employer who obtains such pre-
vailing wage determination, or who relies on a 
qualifying survey of prevailing wages, and who 
pays the wage determined to be prevailing, shall 
be considered to have complied with the re-
quirement of subparagraph (A). 
‘‘(E) No worker shall be paid less than the 
greater of the prevailing wage or the applicable 
State minimum wage.
‘‘(3) REQUIREMENT TO PROVIDE HOUSING OR A 
HOUSING ALLOWANCE.—
‘‘(A) IN GENERAL.—An employer applying 
for workers under subsection (a) shall offer to 
provide housing at no cost to all workers in job 
opportunities for which the employer has ap-
plied under that section and to all other work-
ers in the same occupation at the place of em-
ployment, whose place of residence is beyond 
normal commuting distance. 
‘‘(B) TYPE
OF
HOUSING.—In complying 
with subparagraph (A), an employer may, at 
the employer’s election, provide housing that 
meets applicable Federal standards for tem-
porary labor camps or secure housing that 
meets applicable local standards for rental or 
public accommodation housing or other sub-
stantially similar class of habitation, or in the 
absence of applicable local standards, State 
standards for rental or public accommodation 
housing or other substantially similar class of 
habitation. In the absence of applicable local or 
State standards, Federal temporary labor camp 
standards shall apply.
‘‘(C) WORKERS ENGAGED IN THE RANGE 
PRODUCTION OF LIVESTOCK.—The Secretary of 
Labor shall issue regulations that address the 
specific requirements for the provision of hous-
ing to workers engaged in the range production 
of livestock. 
‘‘(D) LIMITATION.—Nothing in this para-
graph 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 certification regulations in ef-
fect on June 1, 1986. 
‘‘(E) HOUSING
ALLOWANCE
AS
ALTER-
NATIVE.—
‘‘(i) IN GENERAL.—In lieu of offering 
housing pursuant to subparagraph (A), the 
employer may provide a reasonable housing 
allowance, but only if the requirement of 
clause (ii) is satisfied. Upon the request of 
a worker seeking assistance in locating 
housing, the employer shall [make a good 
faith effort to] assist the worker in identi-
fying and locating housing in the area of 
intended employment. An employer who of-
fers a housing allowance to a worker, or