283 
to it by United States Citizenship and Immigration Serv-
ices.’’. 
TITLE XIII—TEMPORARY AGRI-
CULTURAL 
WORKER 
PRO-
GRAM 
SEC. 1301. ADMISSION OF TEMPORARY H–2A WORKERS. 
(a) PROCEDURE FOR ADMISSION.—Section 218 of 
the Immigration and Nationality Act (8 U.S.C. 1188) is 
amended to read as follows: 
‘‘ADMISSION OF TEMPORARY H–2A WORKERS 
‘‘SEC. 218. (a) DEFINITIONS.—In this section: 
‘‘(1) AREA OF EMPLOYMENT.—The term ‘area 
of employment’ means the area within normal com-
muting distance of the worksite or physical location 
where the work of the H–2A worker is or will be 
performed. If such work site or location is within a 
Metropolitan Statistical Area, any place within such 
area shall be considered to be within the area of em-
ployment. 
‘‘(2) DISPLACE.—The term ‘displace’ means to 
lay off a worker from a job that is essentially equiv-
alent to the job for which an H–2A worker is 
sought. A job shall not be considered to be ‘essen-
tially equivalent’ to another job unless the job— 
‘‘(A) involves essentially the same respon-
sibilities as such other job; 
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‘‘(B) was held by a United States worker 
with substantially equivalent qualifications and 
experience; and 
‘‘(C) is located in the same area of employ-
ment as the other job. 
‘‘(3) ELIGIBLE INDIVIDUAL.—The term ‘eligible 
individual’ means an individual who is not an unau-
thorized alien (as defined in section 274A(h)(3)) 
with respect to the employment of the individual. 
‘‘(4) EMPLOYER.—The term ‘employer’ means 
an employer who hires workers to perform agricul-
tural employment. 
‘‘(5) H–2A WORKER.—The term ‘H–2A worker’ 
means 
a 
nonimmigrant 
described 
in 
section 
101(a)(15)(H)(ii)(a). 
‘‘(6) LAY OFF.— 
‘‘(A) IN GENERAL.—The term ‘lay off’— 
‘‘(i) means to cause a worker’s loss of 
employment, other than through a dis-
charge for inadequate performance, viola-
tion of workplace rules, cause, voluntary 
departure, voluntary retirement, or the ex-
piration of a grant or contract (other than 
a temporary employment contract entered 
into in order to evade a condition described 
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in paragraph (3) or (7) of subsection (b)); 
and 
‘‘(ii) does not include any situation in 
which the worker is offered, as an alter-
native to such loss of employment, a simi-
lar employment opportunity with the same 
employer (or, in the case of a placement of 
a worker with another employer under sub-
section (h)(2), with either employer de-
scribed in such subsection) at equivalent or 
higher compensation and benefits than the 
position from which the employee was dis-
charged, regardless of whether or not the 
employee accepts the offer. 
‘‘(B) CONSTRUCTION.—Nothing in this 
paragraph is intended to limit an employee’s 
rights under a collective bargaining agreement 
or other employment contract. 
‘‘(7) PREVAILING WAGE.—The term ‘prevailing 
wage’ means the wage rate that includes the 51st 
percentile of employees with similar experience and 
qualifications in the agricultural occupation in the 
area of intended employment, calculated using the 
same methodology used by the Department of Labor 
to determine prevailing wage for the purpose of the 
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program described in section 101(a)(15)(H)(ii)(b) 
during 2007, and expressed in terms of the pre-
vailing method of pay for the occupation in the area 
of intended employment. 
‘‘(8) UNITED
STATES
WORKER.—The term 
‘United States worker’ means any worker who is— 
‘‘(A) a national of the United States; or 
‘‘(B) a person admitted for permanent 
resident status under section 245 of the Immi-
gration and Nationality Act (8 U.S.C. 1255). 
‘‘(b) PETITION.—An alien may not be admitted as 
an H–2A worker unless an employer has filed with the 
Secretary of Homeland Security a petition attesting to the 
following: 
‘‘(1) TEMPORARY WORK OR SERVICES.— 
‘‘(A) IN GENERAL.—The employer is seek-
ing to employ a specific number of agricultural 
workers on a temporary basis and will provide 
compensation to such workers at a specified 
wage rate and under specified conditions. 
‘‘(B) DEFINITION.—For purposes of this 
paragraph, a worker is employed on a tem-
porary basis if the employer intends to employ 
the worker for no longer than 10 months dur-
ing any contract period. 
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‘‘(2) BENEFITS, WAGES, AND WORKING CONDI-
TIONS.—The employer will provide, at a minimum, 
the benefits, wages, and working conditions required 
by subsection (j) to all workers employed in the jobs 
for which the H–2A worker is sought and to all 
other temporary workers in the same occupation at 
the place of employment. 
‘‘(3) NONDISPLACEMENT
OF
UNITED
STATES 
WORKERS.—The employer did not displace and will 
not displace a United States worker employed by the 
employer during the period of employment of the H– 
2A worker and during the 30-day period imme-
diately preceding such period of employment in the 
occupation at the place of employment for which the 
employer seeks approval to employ H–2A workers. 
‘‘(4) RECRUITMENT.— 
‘‘(A) IN GENERAL.—The employer— 
‘‘(i) conducted adequate recruitment 
in the area of intended employment before 
filing the attestation; and 
‘‘(ii) was unsuccessful in locating a 
qualified United States worker for the job 
opportunity for which the H–2A worker is 
sought. 
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‘‘(B) OTHER
REQUIREMENTS.—The re-
cruitment requirement under subparagraph (A) 
is satisfied if the employer places— 
‘‘(i) a local job order with the State 
workforce agency serving the local area 
where the work will be performed, except 
that nothing in this clause shall require the 
employer to file an interstate job order 
under section 653 of title 20, Code of Fed-
eral Regulations; and 
‘‘(ii) a Sunday advertisement in a 
newspaper of general circulation in the 
area of intended employment. 
‘‘(C) ADVERTISEMENT
REQUIREMENT.— 
The advertisement requirement under subpara-
graph (B)(ii) is satisfied if the advertisement— 
‘‘(i) names the employer; 
‘‘(ii) directs applicants to contact the 
employer; 
‘‘(iii) provides a description of the va-
cancy that is specific enough to apprise 
United States workers of the job oppor-
tunity for which certification is sought; 
‘‘(iv) describes the geographic area 
with enough specificity to apprise appli-
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cants of any travel requirements and where 
applicants will likely have to reside to per-
form the job; and 
‘‘(v) states the rate of pay, which 
shall not be less than the wage paid for the 
occupation in the area of intended employ-
ment. 
‘‘(D) END
OF
RECRUITMENT
REQUIRE-
MENT.—The requirement to recruit United 
States workers shall terminate on the first day 
of the contract period that work begins. 
‘‘(5) OFFERS TO UNITED STATES WORKERS.— 
The employer has offered or will offer the job for 
which the H–2A worker is sought to any eligible 
United States worker who— 
‘‘(A) applies; 
‘‘(B) is qualified for the job; and 
‘‘(C) will be available at the time and place 
of need. 
‘‘(6) PROVISION OF INSURANCE.—If the job for 
which the H–2A worker is sought is not covered by 
State workers’ compensation law, 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 ben-
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efits at least equal to those provided under the State 
workers’ compensation law for comparable employ-
ment. 
‘‘(7) REQUIREMENTS FOR PLACEMENT OF H–2A 
WORKERS
WITH
OTHER
EMPLOYERS.—A 
non-
immigrant who is admitted into the United States as 
an H–2A worker may be transferred to another em-
ployer that has certified to the Secretary of Home-
land Security that it has filed a petition under this 
subsection and is in compliance with this section. 
The Secretary of Homeland Security shall establish 
a process for the approval and reissuance of visas 
for such transferred H–2A workers as necessary. 
‘‘(8) STRIKE
OR
LOCKOUT.—There is not a 
strike or lockout in the course of a labor dispute 
which, under regulations promulgated by the Sec-
retary of Labor, precludes the hiring of H–2A work-
ers. 
‘‘(9) PREVIOUS
VIOLATIONS.—The employer 
has not, during the previous two-year period, em-
ployed H–2A workers and knowingly violated a ma-
terial term or condition of approval with respect to 
the employment of domestic or nonimmigrant work-
ers, as determined by the Secretary of Labor after 
notice and opportunity for a hearing. 
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291 
‘‘(c) PUBLIC EXAMINATION.—Not later than 1 work-
ing day after the date on which a petition under this sec-
tion is filed, the employer shall make a copy of each such 
petition available for public examination, at the employer’s 
principal place of business or worksite. 
‘‘(d) LIST.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security shall maintain a list of the petitions filed 
under subsection (b), which shall— 
‘‘(A) be sorted by employer; and 
‘‘(B) include the number of H–2A workers 
sought, the wage rate, the period of intended 
employment, and the date of need for each 
alien. 
‘‘(2) AVAILABILITY.—The Secretary of Home-
land Security shall, at least monthly, submit a copy 
of the list described in paragraph (1) to the Sec-
retary of Labor, who shall make the list available for 
public examination. 
‘‘(e) PETITIONING FOR ADMISSION.— 
‘‘(1) IN GENERAL.—An employer, or an asso-
ciation acting as an agent or joint employer for its 
members, that seeks the admission into the United 
States of an H–2A worker shall file with the Sec-
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retary of Homeland Security a petition that includes 
the attestations described in subsection (b). 
‘‘(2) CONSIDERATION OF PETITIONS.—For each 
petition filed and considered under this subsection— 
‘‘(A) the Secretary of Homeland Security 
may not require such petition to be filed more 
than 28 days before the first date the employer 
requires the labor or services of the H–2A 
worker; and 
‘‘(B) unless the Secretary of Homeland Se-
curity determines that the petition is incomplete 
or obviously inaccurate, the Secretary, not later 
than 7 days after the date on which such peti-
tion was filed, shall either approve or reject the 
petition. 
‘‘(3) EXPEDITED
ADJUDICATION.—The Sec-
retary of Homeland Security shall— 
‘‘(A) establish a procedure for expedited 
adjudication of petitions filed under this sub-
section; and 
‘‘(B) not later than 7 working days after 
such filing, transmit, by fax, cable, or other 
means assuring expedited delivery, a copy of no-
tice of action on the petition— 
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‘‘(i) in the case of approved petitions, 
to the petitioner, the Secretary of Labor, 
and to the appropriate immigration officer 
at the port of entry or United States con-
sulate where the petitioner has indicated 
that the alien beneficiary or beneficiaries 
will apply for a visa or admission to the 
United States; and 
‘‘(ii) in the case of denied petitions, to 
the petitioner, including reasons for the de-
nial and instructions on how to appeal 
such denial. 
‘‘(4) PETITION AGREEMENTS.—By filing an H– 
2A petition, a petitioner and each employer consents 
to allow access to the site where the labor is being 
performed to the Department of Labor, the Depart-
ment of Homeland Security, or a State agency for 
the purpose of investigations to determine compli-
ance with H–2A requirements. 
‘‘(f) ROLES OF AGRICULTURAL ASSOCIATIONS.— 
‘‘(1) PERMITTING
FILING
BY
AGRICULTURAL 
ASSOCIATIONS.—A petition to hire an alien as a 
temporary agricultural worker may be filed by an as-
sociation of agricultural employers which use agri-
cultural services. 
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294 
‘‘(2) TREATMENT OF ASSOCIATIONS ACTING AS 
EMPLOYERS.—If an association is a joint or sole em-
ployer of temporary agricultural workers, such work-
ers may be transferred among its members to per-
form agricultural services of a temporary nature for 
which the petition was approved. 
‘‘(3) TREATMENT OF VIOLATIONS.— 
‘‘(A) INDIVIDUAL
MEMBER.—If an indi-
vidual member of a joint employer association 
violates any condition for approval with respect 
to the member’s petition, the Secretary of 
Homeland Security shall deny such petition 
only with respect to that member of the associa-
tion unless the Secretary of Labor determines 
that the association or other member partici-
pated in, had knowledge of, or had reason to 
know of the violation. 
‘‘(B) ASSOCIATION OF AGRICULTURAL EM-
PLOYERS.— 
‘‘(i) JOINT EMPLOYER.—If an associa-
tion representing agricultural employers as 
a joint employer violates any condition for 
approval with respect to the association’s 
petition, the Secretary of Homeland Secu-
rity shall deny such petition only with re-
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spect to the association and may not apply 
the denial to any individual member of the 
association, unless the Secretary of Labor 
determines that the member participated 
in, had knowledge of, or had reason to 
know of the violation. 
‘‘(ii) SOLE EMPLOYER.—If an associa-
tion of agricultural employers approved as 
a sole employer violates any condition for 
approval with respect to the association’s 
petition, no individual member of such as-
sociation may be the beneficiary of the 
services of temporary alien agricultural 
workers admitted under this section in the 
occupation in which such aliens were em-
ployed by the association which was denied 
approval during the period such denial is 
in force, unless such member employs such 
aliens in the occupation in question di-
rectly or through an association which is a 
joint employer of such workers with the 
member. 
‘‘(g) EXPEDITED ADMINISTRATIVE APPEALS.—The 
Secretary of Homeland Security shall promulgate regula-
tions to provide for an expedited procedure— 
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‘‘(1) for the review of a denial of a petition 
under this section by the Secretary; or 
‘‘(2) at the petitioner’s request, for a de novo 
administrative hearing respecting the denial. 
‘‘(h) MISCELLANEOUS PROVISIONS.— 
‘‘(1) ENDORSEMENT
OF
DOCUMENTS.—The 
Secretary of Homeland Security shall provide for the 
endorsement of entry and exit documents of H–2A 
workers as may be necessary to carry out this sec-
tion and to provide notice for purposes of section 
274A. 
‘‘(2) PREEMPTION OF STATE LAWS.—The pro-
visions of subsections (a) and (c) of section 214 and 
the provisions of this section preempt any State or 
local law regulating admissibility of nonimmigrant 
workers. 
‘‘(3) FEES.— 
‘‘(A) IN
GENERAL.—The Secretary of 
Homeland Security may require, as a condition 
of approving the petition, the payment of a fee, 
in accordance with subparagraph (B), to re-
cover the reasonable cost of processing peti-
tions. 
‘‘(B) FEE BY TYPE OF EMPLOYEE.— 
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‘‘(i) SINGLE
EMPLOYER.—An em-
ployer whose petition for temporary alien 
agricultural workers is approved shall, for 
each approved petition, pay a fee that— 
‘‘(I) subject to subclause (II), is 
equal to $100 plus $10 for each ap-
proved H–2A worker; and 
‘‘(II) does not exceed $1,000. 
‘‘(ii) ASSOCIATION.—Each employer- 
member of a joint employer association 
whose petition for H–2A workers is ap-
proved shall, for each such approved peti-
tion, pay a fee that— 
‘‘(I) subject to subclause (II), is 
equal to $100 plus $10 for each ap-
proved H–2A worker; and 
‘‘(II) does not exceed $1,000. 
‘‘(iii) LIMITATION
ON
ASSOCIATION 
FEES.—A joint employer association under 
clause (ii) shall not be charged a separate 
fee. 
‘‘(C) METHOD
OF
PAYMENT.—The fees 
collected under this paragraph shall be paid by 
check or money order to the Department of 
Homeland Security. In the case of employers of 
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H–2A workers that are members of a joint em-
ployer association petitioning applying on their 
behalf, the aggregate fees for all employers of 
H–2A workers under the petition may be paid 
by 1 check or money order. 
‘‘(4) EMPLOYMENT VERIFICATION PROGRAM.— 
‘‘(A) IN
GENERAL.—Not later than 12 
months after the date of enactment of this 
paragraph, the Secretary of Homeland Security 
shall 
establish 
a 
mandatory 
employment 
verification program for all employers of H–2A 
workers to verify the eligibility of all individuals 
hired by each such employer, including those 
who present an H–2A visa to work in the 
United States. 
‘‘(B) EMPLOYER COMPLIANCE.—Each em-
ployer of an H–2A worker shall comply with the 
requirements promulgated by the Secretary of 
Homeland Security to verify the identity and 
employment eligibility of all individuals hired. 
‘‘(C) REGULATIONS.—In carrying out the 
program under this paragraph, the Secretary of 
Homeland Security shall promulgate regulations 
to require each employer to verify the employ-
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ment 
eligibility 
of 
each 
employee 
hired 
through— 
‘‘(i) a secure Internet site; 
‘‘(ii) a machine capable of reading the 
H–2A visa, which shall serve as the identi-
fication and employment eligibility docu-
ment for each H–2A alien; or 
‘‘(iii) a toll-free telephone number to 
check the accuracy of any social security 
number presented to the employer. 
‘‘(i) ENFORCEMENT.— 
‘‘(1) INVESTIGATIONS AND AUDITS.—The Sec-
retary of Labor shall be responsible for conducting 
investigations and random audits of employer work 
sites to ensure compliance with the requirements of 
the H–2A program and all other requirements under 
this Act. All monetary fines levied against violating 
employers shall be paid to the Department of Labor 
and used to enhance the Department of Labor’s in-
vestigatory and auditing power. 
‘‘(2) FAILURE TO MEET CONDITIONS.—If the 
Secretary of Labor finds, after notice and oppor-
tunity for a hearing, a failure to meet a condition 
of subsection (a), or a material misrepresentation of 
fact in a petition under subsection (a)— 
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300 
‘‘(A) the Secretary of Labor— 
‘‘(i) shall notify the Secretary of 
Homeland Security of such finding; and 
‘‘(ii) may, in addition, impose such 
other administrative remedies (including 
civil money penalties in an amount not to 
exceed $1,000 per violation) as the Sec-
retary of Labor determines to be appro-
priate; and 
‘‘(B) the Secretary of Homeland Security 
may disqualify the employer from the employ-
ment of H–2A workers for a period of 1 year. 
‘‘(3) PENALTIES
FOR
WILLFUL
FAILURE.—If 
the Secretary of Labor finds, after notice and oppor-
tunity for a hearing, a willful failure to meet a mate-
rial condition of subsection (a), or a willful misrepre-
sentation of a material fact in a petition under sub-
section (a)— 
‘‘(A) the Secretary of Labor— 
‘‘(i) shall notify the Secretary of 
Homeland Security of such finding; and 
‘‘(ii) may, in addition, impose such 
other administrative remedies (including 
civil money penalties in an amount not to 
exceed $5,000 per violation) as the Sec-
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retary of Labor determines to be appro-
priate; 
‘‘(B) the Secretary of Homeland Security 
may— 
‘‘(i) disqualify the employer from the 
employment of H–2A workers for a period 
of 2 years; 
‘‘(ii) for a second violation, the Sec-
retary of Homeland Security may dis-
qualify the employer from the employment 
of H–2A workers for a period of 5 years; 
and 
‘‘(iii) for a third violation, the Sec-
retary of Homeland Security may perma-
nently disqualify the employer from the 
employment of H–2A workers. 
‘‘(4) 
PENALTIES
FOR
DISPLACEMENT
OF 
UNITED
STATES
WORKERS.—If the Secretary of 
Labor finds, after notice and opportunity for a hear-
ing, a willful failure to meet a material condition of 
subsection (a) or a willful misrepresentation of a 
material fact in a petition under subsection (a), in 
the course of which failure or misrepresentation the 
employer displaced a United States worker employed 
by the employer during the period of employment on 
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‘‘(j) FAILURE TO PAY WAGES OR REQUIRED BENE-
FITS.— 
‘‘(1) ASSESSMENT.—If the Secretary of Labor 
finds, after notice and opportunity for a hearing, 
that the employer has failed to pay the wages, trans-
portation, subsistence reimbursement, or guarantee 
of employment attested by the employer under sub-
section (b)(2), the Secretary of Labor shall assess 
payment of back wages, or other required benefits, 
due any United States worker or H–2A worker em-
ployed by the employer in the specific employment in 
question. 
‘‘(2) AMOUNT.—The back wages or other re-
quired benefits described in paragraph (1)— 
‘‘(A) shall be equal to the difference be-
tween the amount that should have been paid 
and the amount that was paid to such worker; 
and 
‘‘(B) shall be distributed to the worker to 
whom such wages are due. 
‘‘(k) MINIMUM WAGES, BENEFITS, AND WORKING 
CONDITIONS.— 
‘‘(1) PREFERENTIAL
TREATMENT
OF
ALIENS 
PROHIBITED.— 
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304 
‘‘(A) IN GENERAL.—Each employer seek-
ing to hire United States workers shall offer 
such workers not less than the same benefits, 
wages, and working conditions that the em-
ployer is offering, intends to offer, or will pro-
vide to H–2A workers. No job offer may impose 
on United States workers any restrictions or 
obligations which will not be imposed on the 
employer’s H–2A workers. 
‘‘(B) INTERPRETATION.—Every interpreta-
tion and determination made under this section 
or under any other law, regulation, or interpre-
tative provision regarding the nature, scope, 
and timing of the provision of these and any 
other benefits, wages, and other terms and con-
ditions of employment shall be made so that— 
‘‘(i) the services of workers to their 
employers and the employment opportuni-
ties afforded to workers by the employers, 
including those employment opportunities 
that require United States workers or H– 
2A workers to travel or relocate in order to 
accept or perform employment— 
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‘‘(I) mutually benefit such work-
ers, as well as their families, and em-
ployers; and 
‘‘(II) principally benefit neither 
employer nor employee; and 
‘‘(ii) employment opportunities within 
the United States benefit the United 
States economy. 
‘‘(2) REQUIRED WAGES.— 
‘‘(A) IN GENERAL.—Each employer peti-
tioning for workers under subsection (b) shall 
pay not less than the greater of— 
‘‘(i) the prevailing wage to all workers 
in the occupation for which the employer 
has petitioned for workers; or 
‘‘(ii) the applicable State minimum 
wage. 
‘‘(B) DETERMINATION
OF
WAGES.—An 
employer seeking to comply with subparagraph 
(A) may— 
‘‘(i) request and obtain a prevailing 
wage determination from the State employ-
ment agency; or 
‘‘(ii) rely on other wage information, 
including a survey of the prevailing wages 
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of workers in the occupation in the area of 
employment that has been conducted or 
funded by the employer or a group of em-
ployers, using the methodology used by the 
Secretary of Labor to establish Occupa-
tional Employment and Wage estimate, or 
another methodology approved by the Sec-
retary of Labor for the purpose of deter-
mining H–2A wages. 
‘‘(C) COMPLIANCE.—An employer shall be 
considered to have complied with the require-
ment under subparagraph (A) if the employer— 
‘‘(i)(I) obtains a prevailing wage de-
termination under subparagraph (C)(i); or 
‘‘(II) relies on a qualifying survey of 
prevailing wages; and 
‘‘(ii) pays such prevailing wage. 
‘‘(3) REIMBURSEMENT
OF
TRANSPORTATION 
COSTS.— 
‘‘(A) 
REQUIREMENT
FOR
REIMBURSE-
MENT.—An H–2A worker who completes 50 
percent of the period of employment of the job 
for which the worker was hired, beginning on 
the first day of such employment, shall be reim-
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bursed by the employer for the cost of the 
worker’s transportation and subsistence from— 
‘‘(i) the place from which the H–2A 
worker was approved to enter the United 
States to the location at which the work 
for the employer is performed; or 
‘‘(ii) if the H–2A worker traveled 
from a place in the United States at which 
the H–2A worker was last employed, from 
such place of last employment to the loca-
tion at which the work for the employer is 
performed. 
‘‘(B) TIMING OF REIMBURSEMENT.—Reim-
bursement to the worker of expenses for the 
cost of the worker’s transportation and subsist-
ence to the place of employment under subpara-
graph (A) shall be considered timely if such re-
imbursement is made not later than the work-
er’s first regular payday after a worker com-
pletes 50 percent of the period of employment 
of the job opportunity as provided under this 
paragraph. 
‘‘(C) ADDITIONAL
REIMBURSEMENT.—A 
worker who completes the period of employment 
for the job opportunity involved shall be reim-
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bursed by the employer for the cost of the 
worker’s transportation and subsistence from 
the work site to the place where the worker was 
approved to enter the United States to work for 
the employer. If the worker has contracted with 
a subsequent employer, the previous and subse-
quent employer shall share the cost of the work-
er’s transportation and subsistence from work 
site to work site. 
‘‘(D) LIMITATION.— 
‘‘(i) AMOUNT OF REIMBURSEMENT.— 
The amount of reimbursement provided to 
a worker or alien under this paragraph 
shall be equal to the lesser of— 
‘‘(I) the actual cost to the worker 
or alien of the transportation and sub-
sistence involved; or 
‘‘(II) the most economical and 
reasonable common carrier transpor-
tation charges and subsistence costs 
for the distance involved. 
‘‘(ii) DISTANCE TRAVELED.—No reim-
bursement under subparagraph (A) or (B) 
shall be required if the distance traveled is 
100 miles or less. 
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