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northern right whale (Eubaleana glacialis) remain
perilously close to extinction;
(4) the interactions that occur between ship traf-
fic, commercial fishing, whale watching vessels, and
other recreational vessels and whale populations may
affect whale populations adversely;
(5) the exploration and development of oil, gas,
and hard mineral resources, marine debris, chemical
pollutants, noise, and other anthropogenic sources of
change in the habitat of whales may affect whale pop-
ulations adversely;
(6) the conservation of whale populations is sub-
ject to difficult challenges related to—
(A) the migration of whale populations
across international boundaries;
(B) the size of individual whales, as that
size precludes certain conservation research pro-
cedures that may be used for other animal spe-
cies, such as captive research and breeding;
(C) the low reproductive rates of whales that
require long-term conservation programs to en-
sure recovery of whale populations; and
(D) the occurrence of whale populations in
offshore waters where undertaking research, mon-
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itoring, and conservation measures is difficult
and costly;
(7)(A) the Secretary of Commerce, through the
Administrator of the National Oceanic and Atmos-
pheric Administration, has research and regulatory
responsibility for the conservation of whales under the
Marine Mammal Protection Act of 1972 (16 U.S.C.
1361 et seq.); and
(B) the heads of other Federal agencies and the
Marine Mammal Commission established under sec-
tion 201 of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1401) have related research and
management activities under the Marine Mammal
Protection Act of 1972 or the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.);
(8) the funding available for the activities de-
scribed in paragraph (8) is insufficient to support all
necessary whale conservation and recovery activities;
and
(9) there is a need to facilitate the use of funds
from non-Federal sources to carry out the conserva-
tion of whales.
SEC. 903. NATIONAL WHALE CONSERVATION FUND.
Section 4 of the National Fish and Wildlife Establishment
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Act (16 U.S.C. 3703) is amended by adding at the end the
following:
‘‘(f)(1) In carrying out the purposes under section 2(b),
the Foundation may establish a national whale conserva-
tion endowment fund, to be used by the Foundation to sup-
port research, management activities, or educational pro-
grams that contribute to the protection, conservation, or re-
covery of whale populations in waters of the United States.
‘‘(2)(A) In a manner consistent with subsection (c)(1),
the Foundation may—
‘‘(i) accept, receive, solicit, hold, administer, and
use any gift, devise, or bequest made to the Founda-
tion for the express purpose of supporting whale con-
servation; and
‘‘(ii) deposit in the endowment fund under para-
graph (1) any funds made available to the Founda-
tion under this subparagraph, including any income
or interest earned from a gift, devise, or bequest re-
ceived by the Foundation under this subparagraph.
‘‘(B) To raise funds to be deposited in the endowment
fund under paragraph (1), the Foundation may enter into
appropriate arrangements to provide for the design, copy-
right, production, marketing, or licensing, of logos, seals,
decals, stamps, or any other item that the Foundation deter-
mines to be appropriate.
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‘‘(C)(i) The Secretary of Commerce may transfer to the
Foundation for deposit in the endowment fund under para-
graph (1)—
‘‘(I) any amount (or portion thereof) received by
the Secretary under section 105(a)(1) of the Marine
Mammal 
Protection 
Act 
of 
1972 
(16 
U.S.C.
1375(a)(1)) as a civil penalty assessed by the Sec-
retary under that section; or
‘‘(II) any amount (or portion thereof) received
by the Secretary as a settlement or award for dam-
ages in a civil action or other legal proceeding relat-
ing to damage of natural resources.
‘‘(ii) The Directors of the Board shall ensure that any
amounts transferred to the Foundation under clause (i) for
the endowment fund under paragraph (1) are deposited in
that fund in accordance with this subparagraph.
‘‘(3) It is the intent of Congress that in making ex-
penditures from the endowment fund under paragraph (1)
to carry out activities specified in that paragraph, the
Foundation should give priority to funding projects that
address the conservation of populations of whales that the
Foundation determines—
‘‘(A) are the most endangered (including the
northern right whale (Eubaleana glacialis)); or
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‘‘(B) most warrant, and are most likely to bene-
fit from, research managment, or educational activi-
ties that may be funded with amounts made available
from the fund.
‘‘(g) In carrying out any action on the part of the
Foundation under subsection (f), the Directors of the Board
shall consult with the Administrator of the National Oce-
anic and Atmospheric Administration and the Marine
Mammal Commission.’’.
TITLE X—VAWA RESTORATION ACT
SEC. 1001. SHORT TITLE. This title may be cited as
the ‘‘VAWA Restoration Act’’.
SEC. 1002. REMOVING BARRIERS TO ADJUSTMENT OF
STATUS FOR VICTIMS OF DOMESTIC VIOLENCE. (a) IN GEN-
ERAL.—Section 245 of the Immigration and Nationality
Act (8 U.S.C. 1255) is amended—
(1) in subsection (a), by inserting ‘‘of an alien
who qualifies for classification under subparagraph
(A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section
204(a)(1) or’’ after ‘‘The status’’;
(2) in subsection (a), by adding at the end the
following: ‘‘An alien who qualifies for classification
under subparagraph (A)(iii), (A)(iv), (B)(ii), or
(B)(iii) of section 204(a)(1) who files for adjustment
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of status under this subsection shall pay a $1,000 fee,
subject to the provisions of section 245(k).’’;
(3) in subsection (c)(2), by striking ‘‘201(b) or a
special’’ and inserting ‘‘201(b), an alien who qualifies
for 
classification 
under 
subparagraph 
(A)(iii),
(A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1), or a
special’’;
(4) in subsection (c)(4), by striking ‘‘201(b))’’
and inserting ‘‘201(b) or an alien who qualifies for
classification under subparagraph (A)(iii), (A)(iv),
(B)(ii), or (B)(iii) of section 204(a)(1))’’;
(5) in subsection (c)(5), by inserting ‘‘(other
than an alien who qualifies for classification under
subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of
section 204(a)(1))’’ after ‘‘an alien’’; and
(6) in subsection (c)(8), by inserting ‘‘(other
than an alien who qualifies for classification under
subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of
section 204(a)(1)’’ after ‘‘any alien’’.
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall apply to applications for adjustment of sta-
tus pending on or after the date of the enactment of this
title.
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SEC. 1003. REMOVING BARRIERS TO CANCELLATION
OF REMOVAL AND SUSPENSION OF DEPORTATION FOR VIC-
TIMS OF DOMESTIC VIOLENCE. (a) IN GENERAL.—
(1) SPECIAL RULE FOR CALCULATING CONTINU-
OUS PERIOD FOR BATTERED SPOUSE OR CHILD.—
Paragraph (1) of section 240A(d) of the Immigration
and Nationality Act (8 U.S.C. 1229b(d)(1)) is
amended to read as follows:
‘‘(1) TERMINATION OF CONTINUOUS PERIOD.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), for purposes of this section,
any period of continuous residence or continuous
physical presence in the United States shall be
deemed to end when the alien is served a notice
to appear under section 239(a) or when the alien
has committed an offense referred to in section
212(a)(2) that renders the alien inadmissible to
the United States under section 212(a)(2) or re-
movable from the United States under section
237(a)(2) or 237(a)(4), whichever is earliest.
‘‘(B) SPECIAL RULE FOR BATTERED SPOUSE
OR CHILD.—For purposes of subsection (b)(2),
the service of a notice to appear referred to in
subparagraph (A) shall not be deemed to end
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any period of continuous physical presence in
the United States.’’.
(2) EXEMPTION FROM ANNUAL LIMITATION ON
CANCELLATION OF REMOVAL FOR BATTERED SPOUSE
OR CHILD.—Section 240A(e)(3) of the Immigration
and Nationality Act (8 U.S.C. 1229b(e)(3)) is amend-
ed by adding at the end the following:
‘‘(C) Aliens whose removal is canceled under
subsection (b)(2).’’.
(3) EFFECTIVE DATE.—The amendments made
by paragraphs (1) and (2) shall take effect as if in-
cluded in the enactment of section 304 of the Illegal
Immigration Reform and Immigrant Responsibility
Act of 1996 (Public Law 104–208; 110 Stat. 587).
(b) MODIFICATION OF CERTAIN TRANSITION RULES
FOR BATTERED SPOUSE OR CHILD.—
(1) IN GENERAL.—Subparagraph (C) of section
309(c)(5) of the Illegal Immigration Reform and Im-
migrant Responsibility Act of 1996 (8 U.S.C. 1101
note) (as amended by section 203 of the Nicaraguan
Adjustment and Central American Relief Act) is
amended—
(A) by amending the subparagraph heading
to read as follows:
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‘‘(C) SPECIAL RULE FOR CERTAIN ALIENS
GRANTED
TEMPORARY
PROTECTION
FROM
DE-
PORTATION AND FOR BATTERED SPOUSES AND
CHILDREN.—’’; and
(B) in clause (i)—
(i) by striking ‘‘or’’ at the end of sub-
clause (IV);
(ii) by striking the period at the end of
subclause (V) and inserting ‘‘; or’’; and
(iii) by adding at the end the follow-
ing:
‘‘(VI) is an alien who was issued
an order to show cause or was in de-
portation proceedings prior to April 1,
1997, and who applied for suspension
of deportation under section 244(a)(3)
of the Immigration and Nationality
Act (as in effect before the date of the
enactment of this Act).’’.
(2) EFFECTIVE DATE.—The amendments made
by paragraph (1) shall take effect as if included in
the enactment of section 309 of the Illegal Immigra-
tion Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1101 note).
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SEC. 1004. ELIMINATING TIME LIMITATIONS ON MO-
TIONS TO REOPEN REMOVAL AND DEPORTATION PROCEED-
INGS FOR VICTIMS OF DOMESTIC VIOLENCE. (a) REMOVAL
PROCEEDINGS.—
(1) IN
GENERAL.—Section 240(c)(6)(C) of the
Immigration 
and 
Nationality 
Act 
(8 
U.S.C.
1229a(c)(6)(C)) is amended by adding at the end the
following:
‘‘(iv) SPECIAL
RULE
FOR
BATTERED
SPOUSES AND CHILDREN.—There is no time
limit on the filing of a motion to reopen,
and the deadline specified in subsection
(b)(5)(C) does not apply, if the basis of the
motion is to apply for adjustment of status
based on a petition filed under clause (iii)
or (iv) of section 204(a)(1)(A), clause (ii) or
(iii) of section 204(a)(1)(B), or section
240A(b)(2) and if the motion to reopen is
accompanied by a cancellation of removal
application to be filed with the Attorney
General or by a copy of the self-petition
that will be filed with the Immigration and
Naturalization Service upon the granting of
the motion to reopen.’’.
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(2) EFFECTIVE DATE.—The amendments made
by paragraph (1) shall take effect as if included in
the enactment of section 304 of the Illegal Immigra-
tion Reform and Immigrant Responsibility Act of
1996 (Public Law 104–208; 110 Stat. 587).
(b) DEPORTATION PROCEEDINGS.—
(1) IN GENERAL.—Notwithstanding any limita-
tion imposed by law on motions to reopen deportation
proceedings under the Immigration and Nationality
Act (as in effect before the title III–A effective date in
section 309 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1101
note)), there is no time limit on the filing of a motion
to reopen such proceedings, and the deadline specified
in section 242B(c)(3) of the Immigration and Nation-
ality Act (as so in effect) does not apply, if the basis
of the motion is to apply for relief under clause (iii)
or (iv) of section 204(a)(1)(A) of the Immigration
and Nationality Act, clause (ii) or (iii) of section
204(a)(1)(B) of such Act, or section 244(a)(3) of such
Act (as so in effect) and if the motion to reopen is
accompanied by a cancellation of removal application
to be filed with the Attorney General or by a copy of
the self-petition that will be filed with the Immigra-
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tion and Naturalization Service upon the granting of
the motion to reopen.
(2) APPLICABILITY.—Paragraph (1) shall apply
to motions filed by aliens who—
(A) are, or were, in deportation proceedings
under the Immigration and Nationality Act (as
in effect before the title III–A effective date in
section 309 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8
U.S.C. 1101 note)); and
(B) have become eligible to apply for relief
under clause (iii) or (iv) of section 204(a)(1)(A)
of the Immigration and Nationality Act, clause
(ii) or (iii) of section 204(a)(1)(B) of such Act,
or section 244(a)(3) of such Act (as in effect be-
fore the title III–A effective date in section 309
of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (8 U.S.C. 1101
note)) as a result of the amendments made by—
(i) subtitle G of title IV of the Violent
Crime Control and Law Enforcement Act of
1994 (Public Law 103–322; 108 Stat. 1953
et seq.); or
(ii) section 1003 of this title.
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TITLE XI—TEMPORARY AGRICULTURAL
WORKERS
SEC. 1101. SHORT TITLE; TABLE OF CONTENTS. (a)
SHORT TITLE.—This title may be cited as the ‘‘Agricul-
tural Job Opportunity Benefits and Security Act of 1998’’.
(b) TABLE OF CONTENTS.—The table of contents of this
title is as follows:
Sec. 1101. Short title; table of contents.
Sec. 1102. Definitions.
Sec. 1103. Agricultural worker registries.
Sec. 1104. Employer applications and assurances.
Sec. 1105. Search of registry.
Sec. 1106. Issuance of visas and admission of aliens.
Sec. 1107. Employment requirements.
Sec. 1108. Enforcement and penalties.
Sec. 1109. Alternative program for the admission of temporary H–2A workers.
Sec. 1110. Inclusion in employment-based immigration preference allocation.
Sec. 1111. Migrant and seasonal Head Start program.
Sec. 1112. Regulations.
Sec. 1113. Funding.
Sec. 1114. Report to Congress.
Sec. 1115. Presidential authority.
Sec. 1116. Effective date.
SEC. 1102. DEFINITIONS. In this title:
(1) ADVERSE EFFECT WAGE RATE.—The term
‘‘adverse effect wage rate’’ means the rate of pay for
an agricultural occupation that is 5-percent above the
prevailing rate of pay for that agricultural occupa-
tion in an area of intended employment, if the aver-
age hourly equivalent of the prevailing rate of pay for
the occupation is less than the prior year’s average
hourly earnings of field and livestock workers for the
State (or region that includes the State), as deter-
mined by the Secretary of Agriculture. No adverse ef-
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fect wage rate shall be more than the prior year’s av-
erage hourly earnings of field and livestock workers
for the State (or region that includes the State), as
determined by the Secretary of Agriculture.
(2) AGRICULTURAL
EMPLOYMENT.—The term
‘‘agricultural employment’’ means any service or ac-
tivity included within the provisions of section 3(f) of
the Fair Labor Standards Act of 1938 (29 U.S.C.
203(f)) or section 3121(g) of the Internal Revenue
Code of 1986 and the handling, planting, drying,
packing, packaging, processing, freezing, or grading
prior to delivery for storage of any agricultural or
horticultural commodity in its unmanufactured state.
(3) ELIGIBLE.—The term ‘‘eligible’’ as used with
respect to workers or individuals, means individuals
authorized to be employed in the United States as
provided for in section 274A(h)(3) of the Immigration
and Nationality Act (8 U.S.C. 1188).
(4) EMPLOYER.—The term ‘‘employer’’ means
any person or entity, including any independent con-
tractor and any agricultural association, that em-
ploys workers.
(5) JOB OPPORTUNITY.—The term ‘‘job oppor-
tunity’’ means a specific period of employment for a
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worker in one or more specified agricultural activi-
ties.
(6) 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 employ-
ment, expressed in terms of the prevailing method of
pay for the agricultural activity in the area of in-
tended employment.
(7) REGISTERED
WORKER.—The term ‘‘reg-
istered worker’’ means an individual whose name ap-
pears in a registry.
(8) REGISTRY.—The term ‘‘registry’’ means an
agricultural worker registry established under section
1103(a).
(9) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Labor.
(10) 
UNITED
STATES
WORKER.—The 
term
‘‘United States worker’’ means any worker, whether a
United States citizen, a United States national, or an
alien who is authorized to work in the job oppor-
tunity within the United States other than an alien
admitted pursuant to section 101(a)(15)(H)(ii)(a) or
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218 of the Immigration and Nationality Act, as in ef-
fect on the effective date of this title.
SEC. 1103. AGRICULTURAL WORKER REGISTRIES. (a)
ESTABLISHMENT OF REGISTRIES.—
(1) IN GENERAL.—The Secretary of Labor shall
establish and maintain a system of registries contain-
ing a current database of eligible United States work-
ers who seek to perform temporary or seasonal agri-
cultural work and the employment status of such
workers—
(A) to ensure that eligible United States
workers are informed about available agricul-
tural job opportunities;
(B) to maximize the work period for eligible
United States workers; and
(C) to provide timely referral of such work-
ers to temporary and seasonal agricultural job
opportunities in the United States.
(2) COVERAGE.—
(A) SINGLE STATE OR GROUP OF STATES.—
Each registry established under paragraph (1)
shall include the job opportunities in a single
State, or a group of contiguous States that tradi-
tionally share a common pool of seasonal agri-
cultural workers.
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(B) 
REQUESTS
FOR
INCLUSION.—Each
State requesting inclusion in a registry, or hav-
ing any group of agricultural producers seeking
to utilize the registry, shall be represented by a
registry or by a registry of contiguous States.
(b) REGISTRATION.—
(1) IN
GENERAL.—An eligible individual who
seeks employment in temporary or seasonal agricul-
tural work may apply to be included in the registry
for the State or States in which the individual seeks
employment. Such application shall include—
(A) the name and address of the individual;
(B) the period or periods of time (including
beginning and ending dates) during which the
individual will be available for temporary or
seasonal agricultural work;
(C) the registry or registries on which the
individual desires to be included;
(D) the specific qualifications and work ex-
perience possessed by the applicant;
(E) the type or types of temporary or sea-
sonal agricultural work the applicant is willing
to perform;
(F) such other information as the applicant
wishes to be taken into account in referring the
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applicant to temporary or seasonal agricultural
job opportunities; and
(G) such other information as may be re-
quired by the Secretary.
(2) VALIDATION
OF
EMPLOYMENT
AUTHORIZA-
TION.—No person may be included on any registry
unless the Attorney General has certified to the Sec-
retary of Labor that the person is authorized to be
employed in the United States.
(3) WORKERS REFERRED TO JOB OPPORTUNI-
TIES.—The name of each registered worker who is re-
ferred and accepts employment with an employer
pursuant to section 1105 shall be classified as inac-
tive 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 Secretary 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 pursuant to section 1105.
(4) REMOVAL OF NAMES FROM A REGISTRY.—
The Secretary shall remove from all registries the
name of any registered worker who, on 3 separate oc-
casions within a 3-month period, is referred to a job
opportunity pursuant to this section, and who de-
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clines such referral or fails to report to work in a
timely manner.
(5) VOLUNTARY REMOVAL.—A registered worker
may request that the worker’s name be removed from
a registry or from all registries.
(6) REMOVAL BY EXPIRATION.—The application
of a registered worker shall expire, and the Secretary
shall remove the name of such worker from all reg-
istries if the worker has not accepted a job oppor-
tunity pursuant to this section within the preceding
12-month period.
(7) REINSTATEMENT.—A worker whose name is
removed from a registry pursuant to paragraph (4),
(5), or (6) may apply to the Secretary for reinstate-
ment to such registry at any time.
(c) CONFIDENTIALITY OF REGISTRIES.—The Secretary
shall maintain the confidentiality of the registries estab-
lished pursuant to this section, and the information in such
registries shall not be used for any purposes other than those
authorized in this title.
(d) ADVERTISING
OF REGISTRIES.—The Secretary
shall widely disseminate, through advertising and other
means, the existence of the registries for the purpose of en-
couraging eligible United States workers seeking temporary
or seasonal agricultural job opportunities to register.
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SEC. 1104. EMPLOYER APPLICATIONS
AND ASSUR-
ANCES. (a) APPLICATIONS TO THE SECRETARY.—
(1) IN GENERAL.—Not later than 21 days prior
to the date on which an agricultural employer desires
to employ a registered worker in a temporary or sea-
sonal agricultural job opportunity, the employer shall
apply to the Secretary for the referral of a United
States worker through a search of the appropriate reg-
istry, in accordance with section 1105. Such applica-
tion shall—
(A) describe the nature and location of the
work to be performed;
(B) list the anticipated period (expected be-
ginning and ending dates) for which workers
will be needed;
(C) indicate the number of job opportunities
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 ques-
tion;
(E) describe the wages and other terms and
conditions of employment the employer will offer,
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which shall not be less (and are not required to
be more) than those required by this section;
(F) contain the assurances required by sub-
section (c); and
(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 title.
(2) APPLICATIONS BY ASSOCIATIONS ON BEHALF
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 title.
(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 amends an
application on a date which is later than 21 days prior
to the date on which the workers on the amended applica-
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tion are sought to be employed, the Secretary may delay
issuance of the report described in section 1105(b) by the
number of days by which the filing of the amended applica-
tion is later than 21 days before the date on which the em-
ployer desires to employ workers.
(c) ASSURANCES.—The assurances referred to in sub-
section (a)(1)(F) are the following:
(1) ASSURANCE THAT THE JOB OPPORTUNITY IS
NOT A RESULT OF A LABOR DISPUTE.—The employer
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 involv-
ing the job opportunity at the place of employment.
(2) ASSURANCE THAT THE JOB OPPORTUNITY IS
TEMPORARY OR SEASONAL.—
(A) REQUIRED ASSURANCE.—The employer
shall assure that the job opportunity for which
the employer requests a registered worker is tem-
porary or seasonal.
(B) SEASONAL BASIS.—For purposes of this
title, labor is performed on a seasonal basis
where, ordinarily, the employment pertains to or
is of the kind exclusively performed at certain
seasons or periods of the year and which, from
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its nature, may not be continuous or carried on
throughout the year.
(C) TEMPORARY
BASIS.—For purposes of
this title, 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 benefits
required by subsections (a), (b), and (c) of section
1107 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.
(4) ASSURANCE
OF
EMPLOYMENT.—The em-
ployer shall assure that the employer will refuse to
employ individuals referred under section 1105, or
terminate individuals employed pursuant to this title,
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, except
as otherwise provided in this title, the employer
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will comply with all applicable Federal, State,
and local labor laws, including laws affecting
migrant and seasonal agricultural workers, with
respect to all United States workers and alien
workers employed by the employer.
(B) LIMITATIONS.—The disclosure required
under section 201(a) of the Migrant and Sea-
sonal 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 permitting
entry into the United States.
(6) ASSURANCE OF ADVERTISING OF THE REG-
ISTRY.—The employer shall assure that the employer
will, from the day an application for workers is sub-
mitted under subsection (a), and continuing through-
out 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 avail-
ability of the registry.
(7) ASSURANCE OF CONTACTING FORMER WORK-
ERS.—The employer shall assure that the employer
has made reasonable efforts through the sending of a
letter by United States Postal Service mail, or other-
wise, to contact any eligible worker the employer em-
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ployed during the previous season in the occupation
at the place of intended employment for which the
employer is applying for registered workers, and has
made the availability of the employer’s job opportuni-
ties in the occupation at the place of intended em-
ployment known to such previous worker, unless the
worker was terminated from employment by the em-
ployer for a lawful job-related reason or abandoned
the job before the worker completed the period of em-
ployment of the job opportunity for which the worker
was hired.
(8) 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 provide,
at no cost to the worker, insurance covering injury
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 employment.
(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-
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section (a) with respect to one or more of its members.
To withdraw an application, the employer shall no-
tify 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 applica-
tion is withdrawn, is relieved of the obligations un-
dertaken in the application.
(2) LIMITATION.—An application may not be
withdrawn while any alien provided status under this
title 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 mak-
ing an application under subsection (a) is unaffected
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.
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(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 1108(b), the Secretary shall, not later than
7 days after the receipt of such application, approve
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 Sec-
retary, as expeditiously as possible, but in no case
later than 7 days after the receipt of such application,
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 application; and
(B) offer the applicant an opportunity to
request an expedited administrative review or a
de novo administrative hearing before an admin-
istrative law judge of the rejection of the applica-
tion.
(4) REJECTION FOR PROGRAM VIOLATIONS.—The
Secretary shall reject the application of an employer
under this section if the employer has been deter-
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mined to be ineligible to employ workers under sec-
tion 1108(b) or subsection (b)(2) of section 218 of the
Immigration and Nationality Act (8 U.S.C. 1188).
SEC. 1105. SEARCH OF REGISTRY. (a) SEARCH PROC-
ESS AND REFERRAL TO THE EMPLOYER.—Upon the ap-
proval of an application under section 1104(e), the Sec-
retary shall promptly begin a search of the registry of the
State (or States) in which the work is to be performed to
identify registered workers with the qualifications requested
by the employer. The Secretary shall contact such qualified
registered workers and determine, in each instance, whether
the worker is ready, willing, and able to accept the employ-
er’s job opportunity and will commit to work for the em-
ployer at the time and place needed. The Secretary shall
provide to each worker who commits to work for the em-
ployer the employer’s name, address, telephone number, the
location where the employer has requested that employees
report for employment, and a statement disclosing the terms
and conditions of employment.
(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 complete the
search under subsection (a) and shall transmit to the em-
ployer a report containing the name, address, and social
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security account number of each registered worker who has
committed to work for the employer on the date needed, to-
gether 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 refer-
ral of workers under this section.
(c) NOTICE OF INSUFFICIENT WORKERS.—If the report
provided to the employer under subsection (b) does not in-
clude referral of a sufficient number of registered workers
to fill all of the employer’s job opportunities in the occupa-
tion for which the employer applied under section 1104(a),
the Secretary shall indicate in the report the number of job
opportunities for which registered workers could not be re-
ferred, and 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.
SEC. 1106. ISSUANCE OF VISAS AND ADMISSION OF
ALIENS. (a) IN GENERAL.—
(1) NUMBER OF ADMISSIONS.—The Secretary of
State shall promptly issue visas to, and the Attorney
General shall admit, a sufficient number of eligible
aliens designated by the employer to fill the job op-
portunities of the employer—
(A) upon receipt of a copy of the report de-
scribed in section 1105(c);
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(B) upon receipt 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 procedures
of section 218A of the Immigration and Nationality
Act, as added by this title.
(3) AGRICULTURAL
ASSOCIATIONS.—Aliens ad-
mitted pursuant to a report described in paragraph
(1) may be employed by any member of the agricul-
tural association that has made the certification re-
quired by section 1104(a)(2)(B). Independent contrac-
tors, agricultural associations, and such similar enti-
ties shall be subject to a cap on the number of H2–
A visas that they may sponsor at the discretion of the
Secretary of Labor.
(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 1105(b) or a re-
port of insufficient workers pursuant to section
1105(c), by the date that is 7 days before the date on
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which the work is anticipated to begin, the employer
may submit an application for alien workers directly
to the Secretary of State, with a copy of the applica-
tion provided to the Attorney General, seeking 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 registered work-
ers. Such an application shall include a copy of the
employer’s application under section 1104(a), together
with evidence of its timely submission. 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 designated by the
employer to fill the job opportunities for which the
employer has applied under that paragraph.
(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 needs of the employer if—
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(i) a worker referred from the registry
is not at the place of employment on the
date of need shown on the application, or
the date the work for which the worker is
needed has begun, whichever is later;
(ii) the worker is not ready, willing,
able, or qualified to perform the work re-
quired; or
(iii) the worker abandons the employ-
ment or is terminated for a lawful job-relat-
ed 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.
(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 standards
of conduct and performance, including failure to meet
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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 title
in the occupation in question in the prior year’s agri-
cultural 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 reg-
istry 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.
(e) REGULATIONS.—The Secretary of State shall pre-
scribe regulations to provide for the designation of aliens
under this section.
SEC. 1107. EMPLOYMENT REQUIREMENTS. (a) RE-
QUIRED WAGES.—
(1) IN GENERAL.—An employer applying under
section 1104(a) for workers shall offer to pay, and
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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.
(2) PAYMENT OF PREVAILING WAGE DETERMINED
BY A STATE EMPLOYMENT SECURITY AGENCY SUFFI-
CIENT.—In complying with paragraph (1), an em-
ployer may request and obtain a prevailing wage de-
termination 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 requirement 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-generated pre-
vailing wage survey and determination that meets
criteria specified by the Secretary.
(4) ALTERNATIVE METHODS OF PAYMENT PER-
MITTED.—
(A) IN GENERAL.—A prevailing wage may
be expressed as an hourly wage, a piece rate, a
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task rate, or other incentive payment method, in-
cluding a group rate. The requirement to pay at
least the prevailing wage in the occupation and
area of intended employment does not require 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 prevailing rate.
(B) COMPLIANCE WHEN PAYING AN INCEN-
TIVE 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 re-
quirement if the average of the hourly earnings
of the workers, taken as a group, 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.
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(C) TASK
RATE.—For purposes of this
paragraph, the term ‘‘task rate’’ means an incen-
tive payment method based on a unit of work
performed such that the incentive rate varies
with the level of effort required to perform indi-
vidual 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.—An employer applying under
section 1104(a) for registered workers shall offer to
provide housing at no cost (except for charges per-
mitted 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
permanent place of residence is beyond normal com-
muting distance.
(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
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housing that meets applicable local standards for
rental or public accommodation housing or other sub-
stantially similar class of habitation, or, in the ab-
sence of applicable local standards, State standards
for rental or public accommodation housing or other
substantially similar class of habitation.
(3) WORKERS ENGAGED IN THE RANGE PRODUC-
TION OF LIVESTOCK.—The Secretary shall issue regu-
lations 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 certification
regulations in effect on June 1, 1986.
(5) CHARGES FOR HOUSING.—
(A) UTILITIES AND MAINTENANCE.—An em-
ployer who provides housing to a worker pursu-
ant to paragraph (1) may charge an amount
equal to the fair market value (but not greater
than the employer’s actual cost) for maintenance
and utilities, or such lesser amount as permitted
by law.
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(B) SECURITY DEPOSIT.—An employer who
provides housing to workers pursuant to para-
graph (1) may require, as a condition for pro-
viding such housing, a deposit not to exceed $50
from workers occupying such housing to protect
against gross negligence or willful destruction of
property.
(C) DAMAGES.—An employer who provides
housing to workers pursuant to paragraph (1)
may require a worker found to have been respon-
sible for damage to such housing which is not the
result of normal wear and tear related to habi-
tation to reimburse the employer for the reason-
able cost of repair of such damage.
(6) HOUSING ALLOWANCE AS ALTERNATIVE.—
(A) IN GENERAL.—In lieu of offering hous-
ing pursuant to paragraph (1), subject to sub-
paragraphs (B) through (D), the employer may
on a case-by-case basis provide a reasonable
housing allowance. An employer who offers a
housing allowance to a worker pursuant to this
subparagraph shall not be deemed to be a hous-
ing provider under section 203 of the Migrant
and Seasonal Agricultural Worker Protection Act
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(29 U.S.C. 1823) solely by virtue of providing
such housing allowance.
(B) LIMITATION.—At any time after the
date that is 3 years after the effective date of this
title, the governor of the State may certify to the
Secretary that there is not sufficient housing
available in an area of intended employment of
migrant farm workers or aliens provided status
pursuant to this title who are seeking temporary
housing while employed at farm work. Such cer-
tification may be canceled by the governor of the
State at any time, and shall expire after 5 years
unless renewed by the governor of the State.
(C) EFFECT OF CERTIFICATION.—If the gov-
ernor of the State makes the certification of in-
sufficient housing described in subparagraph (A)
with respect to an area of employment, employ-
ers of workers in that area of employment may
not offer the housing allowance described in sub-
paragraph (A) after the date that is 5 years after
such certification of insufficient housing for such
area, unless the certification has expired or been
canceled pursuant to subparagraph (B).
(D) AMOUNT OF ALLOWANCE.—The amount
of a housing allowance under this paragraph
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shall be equal to the statewide average fair mar-
ket rental for existing housing for nonmetropoli-
tan counties for the State in which the employ-
ment occurs, as established by the Secretary of
Housing and Urban Development pursuant 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 assumption 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 1105(a),
or an alien employed pursuant to this title, who com-
pletes 50 percent of the period of employment of the
job opportunity for which the worker was hired, may
apply to the employer for reimbursement of the cost
of the worker’s transportation and subsistence 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 1105(a).
(2) FROM PLACE OF EMPLOYMENT.—A worker
who is referred to a job opportunity under section
1105(a), or an alien employed pursuant to this title,
who completes the period of employment for the job
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opportunity involved, may apply to the employer for
reimbursement of the cost of the worker’s transpor-
tation and subsistence from the place of employment
to the worker’s permanent place of residence.
(3) LIMITATION.—
(A) AMOUNT OF REIMBURSEMENT.—Except
as provided in subparagraph (B), the amount of
reimbursement provided under paragraph (1) or
(2) to a worker or alien shall not exceed the less-
er of—
(i) the actual cost to the worker or
alien of the transportation and subsistence
involved; or
(ii) the most economical and reason-
able transportation and subsistence costs
that would have been incurred had the
worker or alien used an appropriate com-
mon carrier, as determined by the Sec-
retary.
(B) DISTANCE TRAVELED.—No reimburse-
ment under paragraph (1) or (2) shall be re-
quired if the distance traveled is 100 miles or
less.
(d) CONTINUING OBLIGATION TO EMPLOY UNITED
STATES WORKERS.—
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(1) IN GENERAL.—An employer that applies for
registered workers under section 1104(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 section 1105(b)
after the employer receives the report described in sec-
tion 1105(b).
(2) LIMITATION.—An employer shall not be obli-
gated to comply with paragraph (1)—
(A) after 50 percent of the anticipated pe-
riod of employment shown on the employer’s ap-
plication under section 1104(a) has elapsed; or
(B) during any period in which the em-
ployer is employing no aliens in the occupation
for which the United States worker was referred;
or
(C) during any period when the Secretary
is conducting a search of a registry for job op-
portunities in the occupation and area of in-
tended employment to which the worker has been
referred, or other occupations in the area of in-
tended employment for which the worker is
qualified that offer substantially similar terms
and conditions of employment.
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(3) LIMITATION ON REQUIREMENT TO PROVIDE
HOUSING.—Notwithstanding any other provision of
this title, 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-PERCENT
PERIOD.—The Secretary shall make all reasonable ef-
forts to place a registered worker in an open job ac-
ceptable to the worker, including available jobs not
listed on the registry, before referring such worker to
an employer for a job opportunity already filled by,
or committed to, an alien admitted pursuant to this
title.
SEC. 1108. ENFORCEMENT AND PENALTIES. (a) EN-
FORCEMENT AUTHORITY.—
(1) INVESTIGATION OF COMPLAINTS.—
(A) IN GENERAL.—The Secretary shall es-
tablish a process for the receipt, investigation,
and disposition of complaints respecting an em-
ployer’s failure to meet a condition specified in
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section 1104 or an employer’s misrepresentation
of material facts in an application under that
section. Complaints may be filed by any ag-
grieved 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 misrepre-
sentation, as the case may be. The Secretary
shall conduct an investigation under this para-
graph if there is reasonable cause to believe that
such a failure or misrepresentation has occurred.
(B) STATUTORY
CONSTRUCTION.—Nothing
in this title 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 title.
(2) WRITTEN NOTICE OF FINDING AND OPPOR-
TUNITY FOR APPEAL.—After an investigation has been
conducted, the Secretary shall issue a written deter-
mination as to whether or not any violation described
in subsection (b) has been committed. The Secretary’s
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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 adminis-
trative law judge, who may conduct a de novo hear-
ing.
(b) REMEDIES.—
(1) BACK WAGES.—Upon a final determination
that the employer has failed to pay wages as required
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 Nationality 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 title, the Secretary may as-
sess a civil money penalty up to $1,000 for each fail-
ure, 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 Nationality Act for a period of
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time determined by the Secretary 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 1104(a) has—
(A) filed an application that misrepresents
a material fact; or
(B) failed to meet a condition specified in
section 1104,
the Secretary may assess a civil money penalty not
to exceed $1,000 for each violation and may rec-
ommend to the Attorney General the disqualification
of the employer for substantial violations in the em-
ployment 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 deter-
mining the amount of civil money penalty to be as-
sessed or whether to recommend disqualification of the
employer, the Secretary shall consider the seriousness
of the violation, the good faith of the employer, the
size of the business of the employer being charged, the
history of previous violations by the employer, wheth-
er the employer obtained a financial gain from the
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violation, whether the violation was willful, and other
relevant factors.
(4) 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 title or committed other substantial
violations under paragraph (3), the Secretary
shall report such determination to the Attorney
General and the Attorney General shall dis-
qualify the employer from the employment of
aliens described in section 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 substantial
violations under paragraph (3), the Secretary
shall report such determination to the Attorney
General, and the Attorney General shall dis-
qualify the employer from any subsequent em-
ployment 
of 
aliens 
described 
in 
section
101(a)(15)(H)(ii)(a) of the Immigration and
Nationality Act.
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(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 title, as though
the employer had filed the application itself. If such
an employer is determined to have violated a require-
ment of this section, the penalty for such violation
shall be assessed against the employer who committed
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 application
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 associa-
tion during the period such disqualification is in ef-
fect, unless such member files an application as an
individual employer or such application is filed on
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the employer’s behalf by an association with which
the employer has an agreement that the employer will
comply with the requirements of this title.
SEC. 1109. ALTERNATIVE PROGRAM FOR THE ADMIS-
SION OF TEMPORARY H–2A WORKERS. (a) AMENDMENTS
TO THE IMMIGRATION AND NATIONALITY ACT.—
(1) 
ELECTION
OF
PROCEDURES.—Section
214(c)(1) of the Immigration and Nationality Act (8
U.S.C. 1184(c)(1)) is amended—
(A) by striking the fifth and sixth sentences;
(B) by striking ‘‘(c)(1) The’’ and inserting
‘‘(c)(1)(A) Except as provided in subparagraph
(B), the’’; and
(C) by adding at the end the following new
subparagraph:
‘‘(B) Notwithstanding subparagraph (A), in
the case of the importing of any nonimmigrant
alien described in section 101(a)(15)(H)(ii)(a),
the importing employer may elect to import the
alien under the procedures of section 218 or sec-
tion 218A, except that any employer that applies
for registered workers under section 1104(a) of
the Agricultural Job Opportunity Benefits and
Security Act of 1998 shall import non-
immigrants 
described 
in 
section
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101(a)(15)(H)(ii)(a) only in accordance with
section 218A. For purposes of subparagraph (A),
with respect to the importing of nonimmigrants
under section 218, the term ‘appropriate agen-
cies of Government’ means the Department of
Labor and includes the Department of Agri-
culture.’’.
(2) ALTERNATIVE PROGRAM.—The Immigration
and Nationality Act is amended by inserting after
section 218 (8 U.S.C. 1188) the following new section:
‘‘ALTERNATIVE PROGRAM FOR THE ADMISSION OF
TEMPORARY H–2A WORKERS
‘‘SEC. 218A. (a) PROCEDURE FOR ADMISSION OR EX-
TENSION OF ALIENS.—
‘‘(1) ALIENS WHO ARE OUTSIDE THE UNITED
STATES.—
‘‘(A) CRITERIA FOR ADMISSIBILITY.—
‘‘(i) IN GENERAL.—An alien described
in section 101(a)(15)(H)(ii)(a) of the Immi-
gration and Nationality Act shall be admis-
sible under this section if the alien is des-
ignated pursuant to section 1106 of the Ag-
ricultural Job Opportunity Benefits and
Security Act of 1998, otherwise admissible
under this Act, and the alien is not ineli-
gible under clause (ii).
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‘‘(ii) 
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 require-
ment to promptly depart the United
States when the alien’s authorized pe-
riod of admission under this section
has expired; or
‘‘(II) otherwise violated a term or
condition of admission to the United
States as a nonimmigrant, including
overstaying the period of authorized
admission as such a nonimmigrant.
‘‘(iii) INITIAL WAIVER OF INELIGIBIL-
ITY FOR UNLAWFUL PRESENCE.—An alien
who has not previously been admitted to the
United States pursuant to this section, and
who is otherwise eligible for admission in
accordance with clauses (i) and (ii), shall
not be deemed inadmissible by virtue of sec-
tion 212(a)(9)(B).
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‘‘(B) 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, plus an additional period of 14
days, during which the alien shall seek author-
ized employment in the United States. During
the 14-day period following the expiration of the
alien’s work authorization, the alien is not au-
thorized to be employed unless an employer who
is authorized to employ such worker has filed an
extension of stay on behalf of the alien pursuant
to paragraph (2).
‘‘(C) ABANDONMENT OF EMPLOYMENT.—
‘‘(i) IN GENERAL.—An alien admitted
or provided status under this section who
abandons the employment which was the
basis for such admission or providing status
shall be considered to have failed to main-
tain nonimmigrant status as an alien de-
scribed in section 101(a)(15)(H)(ii)(a) and
shall depart the United States or be subject
to removal under section 237(a)(1)(C)(i).
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‘‘(ii) REPORT BY EMPLOYER.—The em-
ployer (or association acting as agent for
the employer) shall notify the Attorney Gen-
eral within 7 days of an alien admitted or
provided status under this Act pursuant to
an application to the Secretary of Labor
under section 1106 of the Agricultural Job
Opportunity Benefits and Security Act of
1998 by the employer who prematurely
abandons the alien’s employment.
‘‘(D) ISSUANCE
OF
IDENTIFICATION
AND
EMPLOYMENT ELIGIBILITY DOCUMENT.—
‘‘(i) IN GENERAL.—The Attorney Gen-
eral shall cause to be issued to each alien
admitted under this section a card in a
form which is resistant to counterfeiting
and tampering for the purpose of providing
proof of identity and employment eligibility
under section 274A.
‘‘(ii) DESIGN
OF
CARD.—Each card
issued pursuant to clause (i) shall be de-
signed in such a manner and contain a
photograph and other identifying informa-
tion (such as date of birth, sex, and distin-
guishing marks) that would allow an em-
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ployer to determine with reasonable cer-
tainty that the bearer is not claiming the
identity of another individual, and shall—
‘‘(I) specify the date of the alien’s
acquisition of status under this section;
‘‘(II) specify the expiration date
of the alien’s work authorization; and
‘‘(III) specify the alien’s admis-
sion number or alien file number.
‘‘(2) EXTENSION OF STAY OF ALIENS IN THE
UNITED STATES.—
‘‘(A) EXTENSION OF STAY.—If an employer
with respect to whom a report or application de-
scribed in section 1106(a)(1) of the Agricultural
Job Opportunity Benefits and Security Act of
1998 has been submitted seeks to employ an
alien who has acquired status under this section
and who is present in the United States, the em-
ployer shall file with the Attorney General an
application for an extension of the alien’s stay
or a change in the alien’s authorized employ-
ment. The application shall be accompanied by
a copy of the appropriate report or application
described in section 1106 of the Agricultural Job
Opportunity Benefits and Security Act of 1998.
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‘‘(B) LIMITATION ON FILING AN APPLICA-
TION FOR EXTENSION OF STAY.—An application
may not be filed for an extension of an alien’s
stay for a period of more than 10 months, or
later than a date which is 3 years from the date
of the alien’s last admission to the United States
under this section, whichever occurs first.
‘‘(C) WORK AUTHORIZATION UPON FILING
AN APPLICATION FOR EXTENSION OF STAY.—An
employer may begin employing an alien who is
present in the United States who has acquired
status under this Act on the day the employer
files an application for extension of stay. For the
purpose of this requirement, the term ‘filing’
means sending the application by certified mail
via the United States Postal Service, return re-
ceipt requested, or delivered by guaranteed com-
mercial delivery which will provide the employer
with a documented acknowledgment of the date
of sending and receipt of the application. The
employer shall provide a copy of the employer’s
application to the alien, who shall keep the ap-
plication with the alien’s identification and em-
ployment eligibility document as evidence that
the application has been filed and that the alien
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is authorized to work in the United States. Upon
approval of an application for an extension of
stay or change in the alien’s authorized employ-
ment, the Attorney General shall provide a new
or updated employment eligibility document to
the alien indicating the new validity date, after
which the alien is not required to retain a copy
of the application.
‘‘(D) LIMITATION
ON
EMPLOYMENT
AU-
THORIZATION OF ALIENS WITHOUT VALID IDEN-
TIFICATION
AND
EMPLOYMENT
ELIGIBILITY
CARD.—An expired identification and employ-
ment eligibility document, together with a copy
of an application for extension of stay or change
in the alien’s authorized employment, shall con-
stitute 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 identification
and employment eligibility document shall be ac-
ceptable.
‘‘(E) LIMITATION ON AN INDIVIDUAL’S STAY
IN STATUS.—An alien having status under this
section may not have the status extended for a
continuous period longer than 3 years unless the
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alien remains outside the United States for an
uninterrupted period of 6 months. An absence
from the United States may break the continuity
of the period for which a nonimmigrant visa
issued under section 101(a)(15)(H)(ii)(a) is
valid. If the alien has resided in the United
States 10 months or less, an absence breaks the
continuity of the period if its lasts for at least
2 months. If the alien has resided in the United
States 10 months or more, an absence breaks the
continuity of the period if it lasts for at least
one-fifth the duration of the stay.
‘‘(b) STUDY BY THE ATTORNEY GENERAL.—The Attor-
ney General shall conduct a study to determine whether
aliens under this section depart the United States in a time-
ly manner upon the expiration of their period of authorized
stay. If the Attorney General finds that a significant num-
ber of aliens do not so depart and that a financial induce-
ment is necessary to assure such departure, then the Attor-
ney General shall so report to Congress and make rec-
ommendations on appropriate courses of action.’’.
(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
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in this paragraph’’ and inserting ‘‘specified in this sub-
paragraph (other than in clause (ii)(a))’’.
(c) CONFORMING AMENDMENT.—The table of contents
of the Immigration and Nationality Act is amended by in-
serting after the item relating to section 218 the following
new item:
‘‘Sec. 218A. Alternative program for the admission of H–2A workers.’’.
(d) REPEAL AND ADDITIONAL CONFORMING AMEND-
MENTS.—
(1) REPEAL.—Section 218 of the Immigration
and Nationality Act is repealed.
(2) 
TECHNICAL
AMENDMENTS.—(A) 
Section
218A of the Immigration and Nationality Act is re-
designated as section 218.
(B) The table of contents of that Act is amended
by striking the item relating to section 218A.
(C) The section heading for section 218 of that
Act is amended by striking ‘‘ALTERNATIVE PROGRAM
FOR’’.
(3) TERMINATION
OF
EMPLOYER
ELECTION.—
Section 214(c)(1)(B) of the Immigration and Nation-
ality Act is amended to read as follows:
‘‘(B) Notwithstanding subparagraph (A), the proce-
dures of section 218 shall apply to the importing of any
nonimmigrant 
alien 
described 
in 
section
101(a)(15)(H)(ii)(a).’’.
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(4) MAINTENANCE OF CERTAIN SECTION 218 PRO-
VISIONS.—Section 218 (as redesignated by paragraph
(2) of this subsection) is amended by adding at the
end the following:
‘‘(d) MISCELLANEOUS PROVISIONS.—(1) The Attorney
General shall provide for such endorsement of entry and
exit documents of nonimmigrants described in section
101(a)(15)(H)(ii) as may be necessary to carry out this sec-
tion and to provide notice for purposes of section 274A.
‘‘(2) The provisions 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.’’.
(5) EFFECTIVE DATE.—The repeal and amend-
ments made by this subsection shall take effect 5 years
after the date of enactment of this title.
SEC. 1110. INCLUSION IN EMPLOYMENT-BASED IMMI-
GRATION PREFERENCE ALLOCATION. (a) AMENDMENT OF
THE
IMMIGRATION
AND
NATIONALITY
ACT.—Section
203(b)(3)(A) of the Immigration and Nationality Act (8
U.S.C. 1153(b)(3)(A)) is amended—
(1) by redesignating clause (iii) as clause (iv);
and
(2) by inserting after clause (ii) the following:
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‘‘(iii) 
AGRICULTURAL
WORKERS.—
Qualified immigrants who have completed
at least 6 months of work in the United
States in each of 4 consecutive calendar
years under section 101(a)(15)(H)(ii)(a),
and have complied with all terms and con-
ditions applicable to that section.’’.
(b) CONFORMING AMENDMENT.—Section 203(b)(3)(B)
of the Immigration and Nationality Act (8 U.S.C.
1153(b)(3)(A)) is amended by striking ‘‘subparagraph
(A)(iii)’’ and inserting ‘‘subparagraph (A)(iv)’’.
(c) EFFECTIVE DATE.—The amendments made by sub-
sections (a) and (b) shall apply to aliens described in sec-
tion 101(a)(15)(H)(ii)(a) admitted to the United States be-
fore, on, or after the effective date of this title.
SEC. 1111. MIGRANT AND SEASONAL HEAD START
PROGRAM. (a) IN GENERAL.—Section 637(12) of the Head
Start Act (42 U.S.C. 9832(12)) is amended—
(1) by inserting ‘‘and seasonal’’ after ‘‘migrant’’;
and
(2) by inserting before the period the following:
‘‘, or families whose incomes or labor is primarily
dedicated to performing seasonal agricultural labor
for hire but whose places of residency have not
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changed to another geographic location in the preced-
ing 2-year period’’.
(b) FUNDS SET-ASIDE.—Section 640(a) (42 U.S.C.
9835(a)) is amended—
(1) in paragraph (2), strike ‘‘13’’ and insert
‘‘14’’;
(2) in paragraph (2)(A), by striking ‘‘1994’’ and
inserting ‘‘1998’’; and
(3) by adding at the end the following new para-
graph:
‘‘(8) In determining the need for migrant and
seasonal Head Start programs and services, the Sec-
retary shall consult with the Secretary of Labor, other
public and private entities, and providers. Notwith-
standing paragraph (2)(A), after conducting such
consultation, the Secretary shall further adjust the
amount available for such programs and services, tak-
ing into consideration the need and demand for such
services.’’.
SEC. 1112. REGULATIONS. (a) REGULATIONS OF THE
ATTORNEY GENERAL.—The Attorney General shall consult
with the Secretary and the Secretary of Agriculture on all
regulations to implement the duties of the Attorney General
under this title.
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(b) REGULATIONS OF THE SECRETARY OF STATE.—
The Secretary of State shall consult with the Attorney Gen-
eral on all regulations to implement the duties of the Sec-
retary of State under this title.
SEC. 1113. FUNDING. If additional funds are necessary
to pay the start-up costs of the registries established under
section 1103(a), such costs may be paid out of amounts
available to Federal or State governmental entities under
the Wagner-Peyser Act (29 U.S.C. 49 et seq.). Except as
provided for by subsequent appropriation, additional ex-
penses incurred for administration by the Attorney General,
the Secretary of Labor, and the Secretary of State shall be
paid for out of appropriations otherwise made available to
their respective departments.
SEC. 1114. REPORT TO CONGRESS. Not later than 3
years after the date of enactment of this Act and 5 years
after the date of enactment of this Act, the Attorney General
and the Secretaries of Agriculture and Labor shall jointly
prepare and transmit to Congress a report describing the
results of a review of the implementation of and compliance
with this title. 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;
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(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 pro-
gram;
(4) whether the program has ensured that aliens
admitted under this program are not displacing eligi-
ble, qualified United States workers or diminishing
the wages and other terms and conditions of employ-
ment of eligible United States workers;
(5) 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 allowance;
and
(6) recommendations for improving the oper-
ation of the program for the benefit of participating
employers, eligible United States workers, participat-
ing aliens, and governmental agencies involved in ad-
ministering the program.