(iii) A failure to provide the housing
allowance 
required 
under 
section
304(b)(6).
(iv) Providing housing pursuant to
section 304(b)(1) that fails to comply with
standards under section 304(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 302
of this Act or provided status under section
101(a)(15)(H)(ii)(a) 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 304(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)(a) 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)(a) 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 401(a) has—
(A) filed an application that misrepresents
a material fact;
(B) failed to meet a condition specified in
section 401; 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)(a) 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)(a) 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)(a) 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)(a) 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. 402. BILATERAL COMMISSIONS.
The Attorney General is authorized and requested to
establish a bilateral 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)(a) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)). Such bilateral com-
missions shall provide a forum to the governments in-
volved to discuss matters of mutual concern regarding the
program for the admission of aliens under section
101(a)(15)(H)(ii)(a) of the Immigration and Nationality
Act.
SEC. 403. REGULATIONS.
(a) REGULATIONS OF THE ATTORNEY GENERAL.—
The Attorney General shall consult with the Secretary and
the Secretary of Agriculture on all regulations to imple-
ment the duties of the Attorney General under this Act.
(b) REGULATIONS OF THE SECRETARY OF STATE.—
The Secretary of State shall consult with the Attorney
General, the Secretary of Labor, and the Secretary of Ag-
riculture on all regulations to implement the duties of the
Secretary of State under this Act.
(c) REGULATIONS OF THE SECRETARY OF LABOR.—
The Secretary shall consult with the Secretary of Agri-
culture and shall obtain the approval of the Attorney Gen-
eral on all regulations to implement the duties of the Sec-
retary under this Act.
(d) DEADLINE FOR ISSUANCE OF REGULATIONS.—
All regulations to implement the duties of the Attorney
General, the Secretary of State, and the Secretary of
Labor shall take effect on the effective date of this Act.
SEC. 404. DETERMINATION AND USE OF USER FEES.
(a) SCHEDULE OF FEES.—The Secretary of Labor
shall establish and periodically adjust a schedule for the
registry user fee and the alien employment user fee im-
posed under this Act, and a collection process for such
fees from employers participating in the programs pro-
vided under this Act. Such fees shall be the only fees
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 301(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 301(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 218 of
the Immigration and Nationality Act and the provi-
sions 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 401 shall not exceed 10 percent of the
direct costs of the Secretary described in subsection
(b)(1) (A) and (B).
SEC. 405. FUNDING FOR STARTUP COSTS.
If additional funds are necessary to pay the startup
costs of the agricultural worker registries established
under section 301(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 404(c) may be used to reim-
burse the use of such available amounts.
SEC. 406. REPORT TO CONGRESS.
(a) REQUIREMENT.—Not later than 4 years after the
effective date under section 408, 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
of the House of Representatives and the Committee on
the Judiciary of the Senate a report describing the results
of a review of the implementation of and compliance with
this Act. The report 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–2A program; and
(2) four representatives of agricultural workers
to be appointed by the Secretary of Labor, including
individuals who have experience with the H–2A pro-
gram,
to provide advice to the Comptroller General in the prepa-
ration of the reports required under subsection (a).
SEC. 407. EFFECTIVE DATE.
(a) IN GENERAL.—This Act and the amendments
made by this Act shall become effective on the date that
is 1 year after the date of enactment of this Act.
(b) REPORT.—Not later than 180 days after the date
of 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.
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