workers, not less (and is not required to pay 
more) than the greater of the prevailing wage 
in the occupation in the area of intended em-
ployment or the adverse effect wage rate. No 
worker shall be paid less than the greater of the 
hourly wage prescribed under section 6(a)(1) of 
the Fair Labor Standards Act of 1938 (29 
U.S.C. 206(a)(1)) or the applicable State min-
imum wage. 
‘‘(B) LIMITATION.—Effective on the date 
of the enactment of the Agricultural Job Op-
portunities, Benefits, and Security Act of 2009 
and continuing for 3 years thereafter, no ad-
verse effect wage rate for a State may be more 
than the adverse effect wage rate for that State 
in effect on January 1, 2009, as established by 
section 655.107 of title 20, Code of Federal 
Regulations. 
‘‘(C) REQUIRED
WAGES
AFTER
3-YEAR 
FREEZE.— 
‘‘(i) FIRST
ADJUSTMENT.—If Con-
gress does not set a new wage standard 
applicable to this section before the first 
March 1 that is not less than 3 years after 
the date of enactment of this section, the 
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adverse effect wage rate for each State be-
ginning on such March 1 shall be the wage 
rate that would have resulted if the ad-
verse effect wage rate in effect on January 
1, 2009, had been annually adjusted, be-
ginning on March 1, 2012, by the lesser 
of— 
‘‘(I) the 12-month percentage 
change in the Consumer Price Index 
for All Urban Consumers between De-
cember of the second preceding year 
and December of the preceding year; 
and 
‘‘(II) 4 percent. 
‘‘(ii) SUBSEQUENT ANNUAL ADJUST-
MENTS.—Beginning on the first March 1 
that is not less than 4 years after the date 
of enactment of this section, and each 
March 1 thereafter, the adverse effect 
wage rate then in effect for each State 
shall be adjusted by the lesser of— 
‘‘(I) the 12-month percentage 
change in the Consumer Price Index 
for All Urban Consumers between De-
cember of the second preceding year 
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and December of the preceding year; 
and 
‘‘(II) 4 percent. 
‘‘(D) DEDUCTIONS.—The employer shall 
make only those deductions from the worker’s 
wages that are authorized by law or are reason-
able and customary in the occupation and area 
of employment. The job offer shall specify all 
deductions not required by law which the em-
ployer will make from the worker’s wages. 
‘‘(E) FREQUENCY OF PAY.—The employer 
shall pay the worker not less frequently than 
twice monthly, or in accordance with the pre-
vailing practice in the area of employment, 
whichever is more frequent. 
‘‘(F) 
HOURS
AND
EARNINGS
STATE-
MENTS.—The employer shall furnish to the 
worker, on or before each payday, in 1 or more 
written statements— 
‘‘(i) the worker’s total earnings for 
the pay period; 
‘‘(ii) the worker’s hourly rate of pay, 
piece rate of pay, or both; 
‘‘(iii) the hours of employment which 
have been offered to the worker (broken 
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out by hours offered in accordance with 
and over and above the 3⁄4 guarantee de-
scribed in paragraph (4); 
‘‘(iv) the hours actually worked by the 
worker; 
‘‘(v) an itemization of the deductions 
made from the worker’s wages; and 
‘‘(vi) if piece rates of pay are used, 
the units produced daily. 
‘‘(G) REPORT ON WAGE PROTECTIONS.— 
Not later than December 31, 2011, the Comp-
troller General of the United States shall pre-
pare and transmit to the Secretary of Labor, 
the Committee on the Judiciary of the Senate, 
and Committee on the Judiciary of the House 
of Representatives, a report that addresses— 
‘‘(i) whether the employment of H–2A 
or unauthorized aliens in the United States 
agricultural 
workforce 
has 
depressed 
United States farm worker wages below 
the levels that would otherwise have pre-
vailed if alien farm workers had not been 
employed in the United States; 
‘‘(ii) whether an adverse effect wage 
rate is necessary to prevent wages of 
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United States farm workers in occupations 
in which H–2A workers are employed from 
falling below the wage levels that would 
have prevailed in the absence of the em-
ployment of H–2A workers in those occu-
pations; 
‘‘(iii) whether alternative wage stand-
ards, such as a prevailing wage standard, 
would be sufficient to prevent wages in oc-
cupations in which H–2A workers are em-
ployed from falling below the wage level 
that would have prevailed in the absence of 
H–2A employment; 
‘‘(iv) whether any changes are war-
ranted in the current methodologies for 
calculating the adverse effect wage rate 
and the prevailing wage; and 
‘‘(v) recommendations for future wage 
protection under this section. 
‘‘(H) COMMISSION
ON
WAGE
STAND-
ARDS.— 
‘‘(i) ESTABLISHMENT.—There is es-
tablished the Commission on Agricultural 
Wage Standards under the H–2A program 
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(in this subparagraph referred to as the 
‘Commission’). 
‘‘(ii) COMPOSITION.—The Commission 
shall consist of 10 members as follows: 
‘‘(I) Four representatives of agri-
cultural employers and 1 representa-
tive of the Department of Agriculture, 
each appointed by the Secretary of 
Agriculture. 
‘‘(II) Four representatives of ag-
ricultural workers and 1 representa-
tive of the Department of Labor, each 
appointed by the Secretary of Labor. 
‘‘(iii) FUNCTIONS.—The Commission 
shall conduct a study that shall address— 
‘‘(I) whether the employment of 
H–2A or unauthorized aliens in the 
United States agricultural workforce 
has depressed United States farm 
worker wages below the levels that 
would otherwise have prevailed if alien 
farm workers had not been employed 
in the United States; 
‘‘(II) whether an adverse effect 
wage rate is necessary to prevent 
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