‘‘(6) NOT USE FOR NONAGRICULTURAL SERV-
ICES.—The person shall not employ a seasonal agri-
cultural worker for services other than seasonal agri-
cultural services. 
‘‘(7) DISQUALIFICATION FOR VIOLATIONS.—If 
the Secretary of Agriculture determines, after oppor-
tunity for a hearing, that an employer has partici-
pated under the program and has violated a provi-
sion of paragraph (1) or any other provision of this 
Act, the employer shall be disqualified from future 
participation in the program for a period of not 
longer than three years. 
‘‘(g) ENTRY OF WORKERS.— 
‘‘(1) IN GENERAL.—An alien may not be admit-
ted to the United States as a seasonal agricultural 
worker during the five-year period beginning on the 
most recent date (if any) on which the alien violated 
a term or condition of a previous admission as such 
a worker or who enters the United States unlawfully 
after the date the program first takes effect. 
‘‘(2) MONITORING.—The Secretary of Agri-
culture, in consultation with the Secretary of Labor, 
shall monitor terms and conditions under which sea-
sonal agricultural workers (and domestic workers 
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employed by the same employers) are employed in 
the United States. 
‘‘(h) TRUST FUND FOR PROGRAM.— 
‘‘(1) ESTABLISHMENT.—The Secretary of Agri-
culture shall establish by regulation a trust fund the 
purpose of which is to provide funds for the adminis-
tration and enforcement of the program and to pro-
vide a monetary incentive for seasonal agricultural 
workers to return to their country of origin upon ex-
piration of their visas under the program. The Sec-
retary of Agriculture in consultation with the Sec-
retary of the Treasury shall promulgate such other 
regulations as may be necessary to carry out this 
subsection. 
‘‘(2) PAYMENT OF FICA AND FUTA AMOUNTS 
INTO TRUST FUND.—In the case of employment of 
a seasonal agricultural worker— 
‘‘(A) the employer shall provide for pay-
ment into the trust fund established under this 
subsection of the sum of— 
‘‘(i) an amount equivalent to the 
amount of excise taxes which the employer 
would pay under the Federal Insurance 
Contributions Act with respect to such em-
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ployment if it were considered employment 
for the purpose of such Act; and 
‘‘(ii) an amount equivalent to (and in 
lieu of) the amount of excise taxes which 
the employer would otherwise pay under 
the Federal Unemployment Tax Act with 
respect to such employment; and 
‘‘(B) there shall be deducted from the 
wages of the worker and paid into such trust 
fund an amount equivalent to the amount of ex-
cise taxes that the employee would pay under 
the Federal Insurance Contributions Act with 
respect to such employment if it were consid-
ered employment for the purposes of such Act. 
‘‘(3) EXPENDITURES FROM TRUST FUND.— 
‘‘(A) USE OF EMPLOYER CONTRIBUTIONS 
FOR ADMINISTRATION.—Amounts described in 
paragraph (2)(A) paid into the trust fund shall 
be used for the purpose of administering and 
enforcing the program. 
‘‘(B) REPAYMENT
OF
EMPLOYEE
CON-
TRIBUTIONS
UPON
RETURN
TO
COUNTRY
OF 
ORIGIN.—Amounts 
described 
in 
paragraph 
(2)(B) paid into the trust fund with respect to 
a seasonal agricultural worker shall, upon appli-
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cation by the worker at the United States con-
sulate nearest the worker’s residence in the 
country of origin, be paid to the worker if the 
worker demonstrates the compliance of the 
worker with the terms and conditions of the 
program. 
‘‘(i) SEMIANNUAL REPORTS
TO CONGRESS.—The 
Secretary of Agriculture in consultation with the Secretary 
of Labor, shall report to Congress semiannually regarding 
the program. Each such report shall include a statement 
of the number of nonimmigrant visas issued under the 
program, an evaluation of the effectiveness of the pro-
gram, a description of any problems related to the enforce-
ment of the program, and any recommendations for legis-
lation relating to the program. 
‘‘(j) MISCELLANEOUS PROVISIONS.— 
‘‘(1) DISQUALIFICATION
OF
SEASONAL
AGRI-
CULTURAL
WORKERS
FROM
FINANCIAL
ASSIST-
ANCE.—An alien admitted as a seasonal agricultural 
worker is not eligible for any program of financial 
assistance under Federal law (whether through 
grant, loan, guarantee, or otherwise) on the basis of 
financial need, as such programs are identified by 
the Secretary of Agriculture in consultation with 
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other appropriate heads of the various departments 
and agencies of Government. 
‘‘(2) EXPANSION OF CONSULATES.—The Sec-
retary of State is authorized to take such steps as 
may be necessary in order to expand and establish 
consulates in foreign countries in which aliens are 
likely to apply to become seasonal agricultural work-
ers under the program. 
‘‘(3) PREEMPTION.—The provisions of this sec-
tion preempt any State or local law on the same sub-
ject.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents of such Act is amended by inserting after the 
item relating to section 219 the following new item: 
‘‘Sec. 220. Nonimmigrant seasonal agricultural program.’’. 
(c) SENSE OF CONGRESS CONCERNING BILATERAL 
ADVISORY COMMISSIONS.—It is the sense of Congress 
that the President should negotiate with representatives 
of the governments of labor source countries to establish 
bilateral advisory commissions in order to consult with and 
advise the Secretary of Agriculture and the Secretary of 
State regarding— 
(1) the regulations to be promulgated; 
(2) the monthly and annual numerical limita-
tions to be established 
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